Indian polity is a major portion of the Odisha civil services preliminary examinations( popularly known as OAS Prelim). Each year 15 to 20 questions are asked in the prelim exam from the Indian polity and governance section. Indian polity is the basic framework of civil services. We should have a clear visualization of all the topics of Indian polity mentioned in the syllabus.
Syllabus- Indian polity and governance-Constitution, political system, Panchayati raj, public policy, Rights Issues, etc.
Previous Years' Prelim Questions.
Which act did change the designation of Governor-General of Bengal to Governor-General of India? 2015
Explanation:
Regulating Act of 1773
It changed the designation of Governor of Bengal into Governor-General of Bengal.
Warren Hastings became the first Governor-General of Bengal.
It formed the Executive Council to help the Governor-General.
The Executive Council, formed by the Regulating Act of 1773, had four members.
2. Who is associated with the introduction of local self-government in India? 2015
Explanation:
Lord Ripon who is regarded as the Father of Local government in India also mandated such an institution in its resolution in 1882
3. Which one of the following was the first committee to demand constitutional recognition for panchayats? 2015
Explanation:
Ashok Mehta Committee
In December 1977, the Janata Government appointed a committee on Panchayati Raj institutions under the chairmanship of Ashoka Mehta.
The committee submitted its report in August 1978 and made 132 recommendations to revive and strengthen the declining Panchayati Raj system in the country.
4. In India, the 'collegium System' was first introduced in relation to what? 2015
Explanation:
The Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
It added that it was not the CJI's individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
5. Central vigilance commission was set up on the recommendation of which committee report? 2015
Explanation:
committee on Prevention of Corruption
K Santhanam committee
The Central Vigilance Commission was set up by the government in February 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K Santhanam, to advise and guide Central Government agencies in the field of vigilance.
6. Which constitutional amendment provided for the setting up of Administrative Tribunals in India? 2015
Explanation:
Tribunals were not part of the original constitution, it was incorporated in the Indian Constitution by 42nd Amendment Act, 1976. Article 323-A deals with Administrative Tribunals.
7. Which of the following committee voiced concern about 'criminalization of politics and politicization of criminals? 2015
Explanation:
Vohra committee
Vohra committee voiced concern about 'criminalization of politics and politicization of criminals.
8. The provision of providing identity cards to voters has been made in the which act? 2015
Explanation:
the Representation of the People Act 1958
9. What will follow if a Money Bill is substantially amended by the Rajya Sabha? 2015
Explanation:
A Money Bill can be introduced only in the Lok sabha on the recommendations of the President.
The Rajya sabha cannot initiate a Money Bill nor can it reject or amend it after passage by the Lok Sabha.
The Rajya sabha must return a Money Bill within 14 days of receipt, after which the Lok sabha may accept any of its recommendations.
10. Rajya Sabha is dissolved after how many years? 2015
Explanation:
six years
Rajya Sabha is a permanent body and is not subject to dissolution.
However, one-third of the members retire every second year and are replaced by newly elected members.
Each member is elected for a term of six years. The Vice President of India is the ex-officio Chairman of Rajya Sabha.
11. A money Bill can be introduced only in? 2015
Explanation:
Lok Sabha
Except for Money Bills and Financial Bills, Category A, which can be introduced only in the Lok Sabha, a Bill may originate in either House of Parliament.
As per the provisions of article 109 of the Constitution, the Rajya Sabha has limited powers with respect to Money Bills.
12. Panchayati Raj is included in which list? 2015
Explanation:
State list
Panchayati Raj is included in the State list.
13. Who among the following has the power to issue ordinances under article-129? 2015
Explanation:
The President is the head of the executive body who promulgate ordinances on the advice of the council of ministers.
14. The doctrine of the basic structure of the Indian constitution was pronounced by the supreme court of India in which of the following cases? 2015
Explanation:
Kesavananda Bharati v. the State of Kerala
In 1973, the basic structure doctrine was formally introduced with rigorous legal reasoning in Justice Hans Raj Khanna's decisive judgment in the landmark decision of Kesavananda Bharati v. the State of Kerala.
Previously, the Supreme Court had held that the power of Parliament to amend the Constitution was unfettered.
15. In which year RTI comes into force? 2016
Explanation:
2005
2005 was a momentous year for the right to information in India because it saw the enactment of a national right to information law.
The Central Act was passed by the Indian Parliament on 12 May 2005 and received Presidential assent on 15 June 2005. It came into force on 12 October 2005.
16. Which article under the Indian constitution pertains to the special status of J&K? 2016
Explanation:
Article 370 of the Constitution of India is described as a “temporary provision” that grants the state of Jammu and Kashmir a special autonomous status within the Indian union.
On 5 August 2019, the Government of India revoked the special status, or limited autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmir—a region administered by India as a state which consists of the larger part of Kashmir which has been the subject of dispute among India, Pakistan, and China since 1947.
17. The constitutional amendment relating to the declaration of emergency (1978) requires the president of India to act in accordance with what? 2016
Explanation:
Originally the beginning, a National emergency could be declared on the basis of "external aggression or war" and "internal disturbance" in the whole of India or a part of its territory under Article 352.
Such an emergency was declared in India in the 1962 war (China war), 1971 war (Pakistan war), and 1975 internal disturbance (declared by Indira Gandhi).
But after the 44th amendment act of 1978, National Emergency can only be declared on grounds of "External aggression or war", also called an External Emergency & on the ground of "armed rebellion", also called an Internal Emergency.
The President can declare such an emergency only on the basis of a written request by the Cabinet headed by the Prime Minister.
Such a proclamation must be laid before both houses of Parliament and the state of emergency expires after one month unless approved within that time by both houses sitting and voting separately.
However, if the Lok Sabha (the lower house) has been dissolved or dissolution takes place in the state of emergency, and the Rajya Sabha approves of the state of emergency, the deadline for the Lok Sabha is extended until thirty days after that house is reconstituted.
According to Article 352(6), approval by either house requires a special majority: those in favor of the motion must be two-thirds of those present and voting, and amount to a majority of the entire membership of that house.
A Parliamentary resolution extends the state of emergency for up to six months, and it can be extended indefinitely by further resolutions in six-monthly increments.
18. Disqualification on grounds of defection for a member of Parliament will not apply in which case? 2016
Explanation:
The Tenth Schedule to the Constitution, popularly known as the Anti-Defection Law, introduced by the Constitution (Fifty-second Amendment) Act, 1985 as amended by the Constitution (Ninety-first Amendment) Act, 2003 lays down the conditions regarding disqualification on ground of defection.
The main provisions of the Tenth Schedule are summarised below:—
An elected member of Parliament or a State Legislature, who has been elected as a candidate set up by a political party and a nominated member of Parliament or a State Legislature who is a member of a political party at the time she/he takes her/his seat would be disqualified on the ground of defection if she/he voluntarily relinquishes her/ his membership of such political party or votes or abstains from voting in the House contrary to any direction of such party.
( An independent member of Parliament or a State Legislature will also be disqualified if she/he joins any political party after her/his election.
A nominated member of Parliament or a State Legislature who is not a member of a political party at the time of her/ his nomination and who has not become a member of any political party before the expiry of six months from the date on which she/he takes her/his seat shall be disqualified if she/he joins any political party after the expiry of the said period of six months.
Provisions have been made with respect to mergers of political parties. No disqualification would be incurred when a legislature party decides to merge with another party and such decision is supported by not less than two-thirds of its members.
Special provision has been made to enable a person who has been elected to the office of the Speaker or the Deputy Speaker of the House of People or of the Legislative Assembly of a State or to the office of the Deputy Chairman of the Council of States or the Chairman or the Deputy 164 Chairman of Legislative Council of a State, to sever her/his connections with her/his political party without incurring disqualification.
The question as to whether a member of a House of Parliament or State Legislature has become subject to disqualification will be determined by the presiding officer of the House; where the question is with reference to the Presiding Officer herself/himself it will be decided by a member of the House elected by the House on that behalf.
The Chairman or the Speaker of a House has been empowered to make rules for giving effect to the provisions of the Tenth Schedule. The rules shall be laid before the House and shall be subject to modifications/disapproval by the House.
Without prejudice to the provisions of Article 105 or as the case may be, Article 194 or any other power they may have under the Constitution, the Chairman or the Speaker of a House has been empowered to direct that any wilful contravention by any person of the rules made under paragraph 8 of the Tenth Schedule may be dealt with in the same manner as a breach of privilege of the House.
19. Which one of the following shall not be considered an adequate ground for the issue of the proclamation of national emergency? 2016
Explanation:
NATIONAL EMERGENCY
Grounds of Declaration
Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression, or armed rebellion.
The president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion if he is satisfied that there is an imminent danger.
This provision was added by the 38th Amendment Act of 1975.
When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’.
When it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.
A proclamation of national emergency may be applicable to the entire country or only a part of it.
The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specified part of India.
Originally, the Constitution mentioned ‘internal disturbance’ as the third ground for the proclamation of a National Emergency, but the expression was too vague and had a wider connotation.
Hence, the 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.
It is no longer possible to declare a National Emergency on the ground of ‘internal disturbance’ as was done in 1975 by the Congress government headed by Indira Gandhi.
The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet.
This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.
In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim an emergency without consulting her cabinet.
The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.
The 38th Amendment Act of 1975 made the declaration of a National Emergency immune from judicial review. But, this provision was subsequently deleted by the 44th Amendment Act of 1978.
In the Minerva Mills case, (1980), the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.
Parliamentary Approval and Duration
The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue.
Originally, the period allowed for approval by the Parliament was two months but was reduced by the 44th Amendment Act of 1978.
If the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of one month without approving the proclamation,
then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
If approved by both the Houses of Parliament, the emergency continues for six months and can be extended to an indefinite period with an approval of the Parliament for every six months.
This provision for periodical parliamentary approval was also added by the 44th Amendment Act of 1978.
Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is,
a majority of the total membership of that house, and
a majority of not less than two-thirds of the members of that house present and voting.
This special majority provision was introduced by the 44th Amendment Act of 1978.
Revocation of Proclamation
A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation.
Such a proclamation does not require parliamentary approval.
The President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation.
This safeguard was introduced by the 44th Amendment Act of 1978. Before the amendment, a proclamation could be revoked by the president on his own and the Lok Sabha had no control in this regard.
The 44th Amendment Act of 1978 also provided that, where one-tenth of the total number of members of the Lok Sabha give written notice to the Speaker (or to the president if the House is not in session),
a special sitting of the House should be held within 14 days for the purpose of considering a resolution disapproving the continuation of the proclamation.
A resolution of disapproval is different from a resolution approving the continuation of a proclamation in the following two respects:
The first one is required to be passed by the Lok Sabha only, while the second one needs to be passed by the both Houses of Parliament.
The first one is to be adopted by a simple majority only, while the second one needs to be adopted by a special majority.
20. The Supreme court in India is different from its counterpart in the USA in what way? 2016
Explanation:
Difference between the Indian Supreme court and the American Supreme Court:
The federal court of America does not have advisory jurisdiction but the Supreme Court of India has advisory jurisdiction.
The original jurisdiction of the Indian Supreme court covers only federal cases but the original jurisdiction of the American Supreme court covers not only federal cases but also cases related to the naval forces, maritime activities, ambassadors, etc.
Appellate jurisdiction of the Indian supreme court covers constitutional, criminal, and civil cases but appellate jurisdiction of the American Supreme court covers only constitutional cases.
The jurisdictions and powers of the Indian Supreme court can be enlarged by the Parliament but the jurisdictions and the power of the American Supreme Court are limited to that conferred by the constitution.
21. Which one of the following items comes under the concurrent list of the Indian constitution? 2016
Explanation:
The Concurrent List or List-III (Seventh Schedule) is a list of 52 items (though the last subjects is numbered 47) given in the Seventh Schedule to the Constitution of India.
1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.
2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution.
3. Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.
4. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in Entry 3 of this list.
5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
6. Transfer of property other than agricultural land; registration of deeds and documents.
7. Contracts including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.
8. Actionable wrongs
9. Bankruptcy and insolvency.
11. Administrators – general and official trustees.
11-A. Administration of justice; constitution and Organisation of all courts, except the Supreme Court and the High Courts.
12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.
13. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation, and arbitration.
14. Contempt of court, but not including contempt of the Supreme Court.
15. Vagrancy; nomadic and migratory tribes.
16. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mentally deficient.
17. Prevention of cruelty to animals.
17-A. Forests.
17-B. Protection of wild animals and birds.
18. Adulteration of foodstuffs and other goods.
19. Drugs and poisons, subject to the provisions of Entry 59 of List I with respect to opium.
20. Economic and social planning.
20-A. Population control and family planning.
21. Commercial and industrial monopolies, combines, and trusts.
22. Trade unions; industrial and labor disputes.
23. Social security and social insurance; employment and unemployment.
24. Welfare of labor including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity, and old-age pensions, and maternity benefits.
25. Education, including technical education, medical education, and universities, subject to the provisions of Entries 63, 64, 65, and 66 of List I; vocational and technical training of labor.
26. Legal, medical and other professions.
27. Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan.
28. Charities and charitable institutions, charitable and religious endowments, and religious institutions.
29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals, or plants.
30. Vital statistics including registration of births and deaths.
31. Ports other than those declared by or under law made by Parliament or existing law to be major ports.
32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways.
33. Trade and commerce in, and the production, supply, and distribution of,-
(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products
(b) foodstuffs, including edible oilseeds and oils
(c) cattle fodder, including oilcake and other concentrates
(d) raw cotton, whether ginned or not ginned and cottonseed; and
(e) raw jute.
33-A. Weights and measures except for the establishment of standards.
34. Price control.
35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.
36. Factories.
37. Boilers.
38. Electricity.
39. Newspapers, books, and printing presses.
40. Archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance.
41. Custody, management, and disposal of property (including agricultural land) declared by law to be evacuee property.
42. Acquisition and requisitioning of property.
43. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.
44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.
46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.
47. Fees in respect of any of the matters in this List, but not including fees taken in any court.
Through the 42nd Amendment Act of 1976, Five subjects were transferred from State to Concurrent List. They are:
Education
Forests
Weights & Measures
Protection of Wild Animals and Birds
Administration of Justice
22. The directive principles of state policy included in the constitution of India have been inspired by the constitution of which country? 2016
Explanation:
Irish Constitution
The concept of Directive Principles of State Policy was borrowed from the Irish Constitution.
The makers of the Constitution of India were influenced by the Irish nationalist movement.
Hence, the Directive Principles of the Indian constitution have been greatly influenced by the Directive Principles of State Policy.
23. The power of the supreme court of India to decide the dispute between the center and states falls under which jurisdiction? 2016
Explanation:
original jurisdiction
The power of the Supreme Court of India to decide disputes between the center and the states falls under its original jurisdiction.
24.Which country's political party system has been described as the 'empty bottle' by Bryce? 2016
Explanation:
Lord Bryce described the American political party system as "Two Empty Bottle".
Each bearing the label denoting the kind of liquor it contains.
He said this because there are no fundamental differences in policies between both the Democratic and Republican parties.
25.The concept of separation of power was given by whom? 2016
Explanation:
Separation of Power
The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher.
His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States.
Under his model, the political authority of the state is divided into legislative, executive and judicial powers.
He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.
Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.
The intent is to prevent the concentration of power and provide for checks and balances.
The traditional characterizations of the powers of the branches of American government are:
The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government.
The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.
The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.
Forty state constitutions specify that government is divided into three branches: legislative, executive, and judicial. California illustrates this approach; "The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution."
While separation of powers is key to the workings of American government, no democratic system exists with an absolute separation of powers or an absolute lack of separation of powers. Governmental powers and responsibilities intentionally overlap; they are too complex and interrelated to be neatly compartmentalized. As a result, there is an inherent measure of competition and conflict among the branches of government. Throughout American history, there also has been an ebb and flow of preeminence among the governmental branches. Such experiences suggest that where power resides is part of an evolutionary process.
26. The unlawful detention of a person is questioned by the writ of? 2016
Explanation:
Habeas corpus
Habeas corpus is recourse in law whereby a person can report an unlawful detention or imprisonment before a court, usually through a prison official.
The writ of habeas corpus is known as the great and efficacious writ in all manner of illegal confinement being a remedy available to the meanest against the mightiest.
27. 'Right to education' has been placed in the Indian constitution under which article? 2016
Explanation:
The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between the age of 6 to 14 years in India under Article 21A of the Indian Constitution
Article 21a and Article 45 are both related to the education of students :
Article 21a is guaranteed as a fundamental right but article 45 is a directive principle of state policy.
*. Article 21 provides that the state shall provide free and compulsory education to children between 6-14 years of age.
*. On the other hand Article 45 provides that the state shall endeavor to provide early childhood education and care for all children up to 6 years of age.
*. A person between 6-14 years of age can move a court under 21a if he or she is not provided free and compulsory education.
*. The case is not so with article 45. No court can be moved against the state for providing early childhood care and education to children up to 6 years of age.
This is because article 45 is a directive state policy and unless a policy is framed by the executive or a law made by the legislature, no cause of action lies only for noncompliance with a directive principle.
28. What are the matters on which Parliament has the power to modify provisions of the constitution by the simple majority? 2017
Explanation:
A number of provisions in the Constitution can be amended by a simple majority of the two houses of Parliament outside the scope of Article 368. These provisions include:
Admission or establishment of new states.
Formation of new states and alteration of areas, boundaries, or names of existing states.
Abolition or creation of legislative councils in states.
Second Schedule-emoluments,
Allowances, privileges, and so on of the president, the governors, the Speakers, judges, etc.
Quorum in Parliament.
Salaries and allowances of the members of Parliament.
Rules of procedure in Parliament.
Privileges of the Parliament, its members, and its committees.
Use of the English language in Parliament.
The number of puisne judges in the Supreme Court.
Conferment of more jurisdiction on the Supreme Court.
Conferment of more jurisdiction on the Supreme Court.
Citizenship-acquisition and termination.
Elections to Parliament and state legislatures.
Delimitation of constituencies.
Union territories
Fifth Schedule-administration of scheduled areas and scheduled tribes.
Sixth Schedule-administration of tribal areas.
29. Who among the following was the chairman of the committee of the constituent assembly? 2017
Explanation:
Dr. Babasaheb Ambedkar
The Drafting Committee of the Constitution was chaired by Dr. B.R Ambedkar (Bhimrao Ramji Ambedkar).
The Constituent Assembly appointed a total of 22 committees to deal with different tasks of constitution-making. Out of these, eight were major committees and the others were minor committees.
Major CommitteesDrafting Committee – B. R. Ambedkar
Union Power Committee – Jawaharlal Nehru
Union Constitution Committee – Jawaharlal Nehru
Provincial Constitution Committee – Vallabhbhai Patel
Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Vallabhbhai Patel. This committee had the following subcommittees:
Fundamental Rights Sub-Committee – J. B. Kripalani
Minorities Sub-Committee – Harendra Coomar Mookerjee,
North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bordoloi
Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – A V Thakkar
Rules of Procedure Committee – Rajendra Prasad
States Committee (Committee for Negotiating with States) – Sardar Vallabhbhai Patel
States Committee - Jawaharlal Nehru
Steering Committee – Rajendra Prasad
National Flag and HOC Committee – Rajendra Prasad
Committee for the function of the Constitution Assembley - G V Mavlankar
House Committee - B Pattabhi Sitaramayya
Language Committee - Moturi Satyanarayana
Order of Business Committee - K M Munshi
30. The Indian Federation is based on the pattern of which country? 2017
Explanation:
Canada
"Indian federation" is based on the "pattern of Canada".
It is a dual system of government that deals with a mechanism of institutions in which there is different governance at different levels- regional government at the state level and central government at the national level.
31. Which of the following are included in the directive principle of state policy in the constitution of India? 2017
Explanation:
The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are 'fundamental in the governance of the country', and it is the duty of the State to apply these principles in making laws.
These lay down that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may, a social order, in which justice-social, economic and political-shall form in all institutions of national life.
The State shall direct its policy in such a manner as to secure the right of all men and women to an adequate means of livelihood, equal pay for equal work and within limits of its economic capacity and development, to make effective provision for securing the right to work, education and to public assistance in the event of unemployment, old age, sickness, and disablement or other cases of undeserved want.
The State shall also endeavor to secure to workers a living wage, humane conditions of work, a decent standard of life, and full involvement of workers in the management of industries.
In the economic sphere, the State is to direct its policy in such a manner as to secure distribution of ownership and control of material resources of the community to subserve the common good, and to ensure that operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
Some of the other important directives-
provision of opportunities and facilities for children to develop in a healthy manner;
free and compulsory education for all children up to the age of 14;
promotion of education and economic interests of scheduled castes, scheduled tribes, and other weaker sections; organization of village panchayats;
separation of judiciary from an executive;
promulgation of a uniform civil code for the whole country;
protection of national monuments;
promotion of justice on a basis of equal opportunity;
provision of free legal aid;
protection and improvement of environment and safeguarding of forests and wildlife of the country;
promotion of international peace and security;
just and honorable relations between nations;
respect for international law; treaty obligations; and settlement of international disputes by arbitration.
32. The philosophical postulates of the constitution of India are based on? 2017
Explanation:
Objectives Resolution, 1947
33.Who among the following was not a member of the State Reorganisation Commission (SRC) appointed by Pandit Jawaharlal Nehru? 2017
Explanation:
States Reorganisation Commission consisted of Fazal Ali, K. M. Panikkar and H. N. Kunzru.
Some of its recommendations were implemented in the States Reorganisation Act of 1956.
34. Under article 368, the parliament has no power to repeal fundamental rights because these are? 2017
Explanation:
Under Article 368, Parliament has no power to repeal Fundamental Rights because they are part of the basic structure of the essential framework of the Constitution.
Part XX of the Constitution of India has only one article that is Article 368 that deals with the amendment of the Constitution.
As per this article, Parliament may add, amend or repeal any provision of the constitution as per the procedure laid down for this purpose.
However, in the Kesavananda Bharati Case 1973, the Supreme Court has ruled that the Parliament cannot repeal those provisions which constitute the Basic Structure of the Constitution.
35. Which of the following is not an element of 'Secular State' in India? 2017
Explanation:
With the Forty-second Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution asserted that India is a secular nation.
However, the Supreme Court of India in S. R. Bommai v. Union of India established the fact that India was secular since the formation of the republic.
The judgment established that there is the separation of state and religion. It stated "In matters of State, religion has no place.
The three objectives of a secular state are:
That one religious community does not dominate another;
That some members do not dominate other members of the same religious community;
That the State does not enforce any particular religion nor take away the religious freedom of individuals.
36. Which of the following act introduced a bi-cameral legislature at the central level in India? 2017
Explanation:
Government of India Act 1919.
37. Who said, 'All communalism is harmful. The logic of minority communalism is separatism, and majority communalism culminates into fascism? 2017
Explanation:
Bipin Chandra in his book 'Communalism in Modern India', stressed that communalism basically is an ideology.
In this context, he said, All communalism is harmful. The logic of minority communalism is separatism and majority communalism culminates into fascism.
38. Article-371 of the Constitution of India provides for special provision with respect to which of the following state(s)? 2017
Explanation:
States that have special provisions under Article 371(A-J):
Article 371 – Maharashtra and Gujarat
Governors of the states of Maharashtra and Gujarat are given special responsibilities to set up development boards in regions such as Vidarbha, Marathwada, Kutch, etc.
Article 371A – Nagaland
Article 371A of the Constitution mainly states that no act of Parliament would apply to the state of Nagaland in the matter relating to religious or social practices of Nagas, Naga customary law, and procedure, administration of civil or criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources. The Legislative Assembly of Nagaland must pass a resolution for an act to be applicable to the state.
The governor is given special responsibilities with respect to law and order in the state as well.
Article 371B – Assam
According to the special provision under Article 371B, the president may provide for the Constitution and functions of a committee of Legislative Assembly of the state consisting of members elected from the tribal areas of Assam.
Article 371C – Manipur
The special provision under Article 371C in the case of Manipur is similar to 371B for Assam. Here, too, the president may provide for the Constitution and functions of a committee of Legislative Assembly of the state, but consisting of members elected from the hill areas of Manipur.
The governor must submit an annual report to the president regarding the administration of hill areas as well.
Article 371D & E – Andhra Pradesh
Article 371D, which was added to the Constitution in 1974, provides equitable opportunities and facilities for the people of the state and safeguards their rights in matters of employment and education. The state government may organize civil posts or direct recruitment to posts in the local cadre as required.
Article 371E states that the Parliament may by law provide for the establishment of a University in Andhra Pradesh.
Article 371F – Sikkim
Article 371F was incorporated into the Constitution in 1975. It states that the Legislative Assembly shall consist of not less than 30 members. In order to protect the rights and interests of the different sections of the population in the state of Sikkim, seats in the assembly are provided to people of these different sections.
Article 371G – Mizoram
The Legislative Assembly of the state of Mizoram must consist of not less than 40 members. In addition, following the same provisions as Nagaland, an act of Parliament would not apply to Mizoram in matters relating to religious or social practices of Mizo, Mizo customary law and procedure, administration of civil or criminal justice involving decisions according to Mizo customary law, ownership and transfer of land and its resources.
Article 371H – Arunachal Pradesh
The Legislative Assembly of the state of Mizoram must consist of not less than 30 members. The governor will have a special responsibility with respect to law and order in the state.
Article 371I – Goa
The Legislative Assembly of the state of Goa must consist of not less than 30 members.
Article 371J
Article 371J grants special status to six backward districts of the Hyderabad-Karnataka region. The special provision requires that a separate development board be established for these regions (similar to Maharashtra and Gujarat) and also ensures local reservations in education and government jobs.
39. Which of the following is not a correct statement regarding the unitary system? 2017
Explanation:
Unitary Features of the constitution make a centralized government.
It is a government in which all powers held by the government belong to a single, central agency.
A unitary system is governed constitutionally as one single unit.
All power is top-down.
A unitary state is a sovereign state governed as one single unit in which the central government is supreme.
40. 73rd Amendment does not apply to which states? 2017
Explanation:
Meghalaya, Mizoram and Nagaland
The 73rd Constitutional Amendment Act is not applicable to these three States, as the traditional local institutions of self-government exist in these Schedule VI States.
41. The chairman and the member of UPSC hold office for the term of? 2017
Explanation:
The Commission consists of a chairman and other members appointed by The President of India.
Usually, the Commission consists of 9 to 11 members including the chairman.
Every member holds office for a term of six years or until he attains the age of sixty-five years, whichever is earlier.
Commission executive: Pradeep Kumar Joshi ...
Preceding agencies: Federal Public Service C...
Formed: 1 October 1926; (94 years ago)
Parent department: GOVT. of India
42.Which of the following is not a salient feature of the Constitution of India? 2017
Explanation:
The basic structure of the Constitution i.e. its most fundamental features can be described as: Preamble, Fundamental Rights, Directive Principles, Secularism, Federalism, Republicanism, Independence of Judiciary, Rule of Law, and Liberal Democracy.
43. Which of the following is not an objective of Niti Ayog? 2017
Explanation:
Objectives
To evolve a shared vision of national development priorities, sectors and strategies with the active involvement of States.
To foster cooperative federalism through structured support initiatives and mechanisms with the States on a continuous basis, recognizing that strong States make a strong nation.
To develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government.
To ensure, on areas that are specifically referred to it, that the interests of national security are incorporated in economic strategy and policy.
To pay special attention to the sections of our society that may be at risk of not benefiting adequately from economic progress.
To design strategic and long term policy and programme frameworks and initiatives, and monitor their progress and their efficacy. The lessons learnt through monitoring and feedback will be used for making innovative improvements, including necessary mid-course corrections.
To provide advice and encourage partnerships between key stakeholders and national and international like-minded Think tanks, as well as educational and policy research institutions.
To create a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts, practitioners and other partners.
To offer a platform for resolution of inter-sectoral and inter departmental issues in order to accelerate the implementation of the development agenda.
To maintain a state-of-the-art Resource Centre, be a repository of research on good governance and best practices in sustainable and equitable development as well as help their dissemination to stake-holders.
To actively monitor and evaluate the implementation of programmes and initiatives, including the identification of the needed resources so as to strengthen the probability of success and scope of delivery.
To focus on technology upgradation and capacity building for implementation of programmes and initiatives.
To undertake other activities as may be necessary in order to further the execution of the national development agenda, and the objectives mentioned above.
44. Which of the following is not the recommendation of the Dinesh Goswami Committee on electoral reforms? 2018
Explanation:
In 1990, Dinesh Goswami Headed a Committee that made the following recommendations;
a. The ordering of re-poll or countermanding should not only be on the report of the returning officer, but also otherwise and, also to give the Election Commission the requisite powers to appoint investigating agencies, prosecuting agencies and constitution of special courts.
b. There is a need for an amendment to the anti-defection law to restrict disqualification only to those cases, where an elected member voluntarily gives up his membership of the political party, or when he votes or abstain from voting contrary to party whips, directions etc. only in respect of motion of vote of confidence. The question of disqualification of members should not be decided by the speaker or the Chairman of the concerned House.
c. Changes in the voting pattern and shift to proportional representation of the list system, instead of present voting system should be made (However, this matter was to be further discussed amongst exports)
d. There should be fresh delimitation on the basis of 1981 census and there should be a provision for rotation of reserved seats for Scheduled Castes and Scheduled Tribes.
e. No candidates should be allowed to contest an election from more than two constituencies. The age of Candidates for assembly seats should be reduced to 21 and for the Council to 25.
f. To discourage non-serious candidates
Dinesh Goswami has recommended that
the security deposit for Lok Sabha should be increased to Rs. 5000 and for Assembly it should be increased to Rs. 2500. The amount should be forfeited if the candidate fails to secure one fourth of the total votes. The number of proposals to nomination should also be increased.
g. A model code of conduct be framed which would include issues relating to-the use of official machinery, transport, media, funds etc.
h. There should be a ban on transfer of officials and staff concerted with the elections. The Commission and the Central Government should continue the periodic revision of election expenses in consultation with the Election Commission. There should be a six month time limit for holding bye-elections.
i.
Dinesh Goswami has recommended that
Army and Paramilitary personnel, diplomats and others placed outside India should be allowed proxy voting.
j.
Dinesh Goswami has recommended that
Extensive restructuring of the accounting of election expenses is needed.
k. Monitoring of expenses should be undertaken by the Election Commission, and a speedy trial of election disputes through the help of ad hoc judges should be ensured.
l. There should be provision to punish plying mechanically-propelled vehicles, carrying lethal weapons and firearms or distributing liquor on the polling day.
m. Electronic voting machines should be used to put an end to manipulating and tempering.
45.Which of the following subjects is not included in the concurrent list? 2018
Explanation:
Refer Q21
most probable this time, Item No. 33 in concurrent List
33. Trade and commerce in, and the production, supply and distribution of,-
(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products
(b) foodstuffs, including edible oilseeds and oils
(c) cattle fodder, including oilcakes and other concentrates
(d) raw cotton, whether ginned or not ginned, and cotton seed; and
(e) raw jute.
46. Which is not the discriminatory power of the president of India? 2018
Explanation:
Discretionary powers of the President: Not based on the advice of CoM
The discretionary powers of the Indian president are not explicitly mentioned in the Indian constitution. But cases, where the Indian President do not act on the advice of CoM, can be understood if one carefully read the provisions related to the Indian President.
The cases of discretionary powers are as below:
#1: Suspensive Veto:
The President has discretionary power when he exercises suspensive veto ie. when he returns a bill (not money bill) for reconsideration of the parliament
However if the bill is passed again by the Parliament with or without amendments and presented again to the President, it is obligatory for him to give his assent to the bill.
#2: Pocket Veto:
This is not a provision mentioned in the Indian constitution, but this is a possible situation when the President of India can use his discretionary power. In this case, the President neither ratifies nor reject nor return the bill, but simply keeps the bill pending for an indefinite period.
As the time limit within which the President has to take the decision with respect to a bill presented to him for assent, has not been mentioned in the constitution, in effect the inaction of the President stops the bill from becoming an act.
#3: President can seek information from Prime Minister:
Under article 78 the President enjoys the right to seek information from the PM regarding the administration of the affairs of the union.
Under the established convention, the President has the right to warn or encourage the Council of Minister (CoM) in the exercise of its power.
#4: Case of no sitting of both houses:
Under Article 85, the President can summon each House of Parliament to meet at such time and place as he thinks fit, to ensure that six months shall not intervene between its last sitting in one session and the date appointed for its sitting in the next session.
#5: Case of no majority:
When no political party or coalition of parties enjoys the majority in Lok Sabha, then the President has discretion in inviting the leader of that party or coalition of parties who in his opinion is able to form a stable government.
#6: Case of no-confidence with CoM- dissolving Loksabha:
It is for the president to decide if he should dissolve Loksabha or not when CoM loses the majority in Lok Sabha.
Note: The President can dissolve Lok Sabha only on the advice of CoM but the advice is binding only if the government is a majority government.
#7: Case of no-confidence with CoM- dissolving CoM:
It is for the president to decide if he should dissolve CoM or not when CoM loses the majority in Lok Sabha.
#8: Case of a caretaker government
A caretaker government does not enjoy the confidence of Lok Sabha and hence it is not expected to take major decisions but only to make the day-to-day administrative decisions. It is for the President to decide the day-to-day decisions.
47.Which article of the Indian constitution speaks about the official languages Indian union? 2018
Explanation:
Official Language - Constitutional/Statutory Provisions
Article 343(1) of the Constitution provides that Hindi in Devanagari script shall be the Official Language of the Union.
47. In which year simultaneous elections both for Lok Sabha and State Legislative Assemblies were not held? 2018
Explanation:
Post adoption of the Constitution, the elections to Lok Sabha and all State Legislative Assemblies were held simultaneously between 1951 till 1967 when the cycle of synchronized elections got disrupted.
48. Which among the following states does not come under the sixth schedule of the Indian constitution? 2018
Explanation:
The Sixth Schedule of the Constitution provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in these states.
49. The GST Bill which came into implementation from July 1, 2017, is? 2018
Explanation:
Officially known as The Constitution (One Hundred and First Amendment) Act, 2016, this amendment introduced a national Goods and Services Tax (GST) in India from 1 July 2017.
It was introduced as the One Hundred and Twenty Second Amendment Bill of the Constitution of India,
50. Article-21 of the Indian constitution secures what? 2018
Explanation:
“Article 21 of the Constitution guarantees life and personal liberty to all persons. It guarantees the right of persons to life with human dignity.
Therein are included, all the aspects of life which go to make a person's life meaningful, complete and worth living.
51. 124th Constitutional Amendment Bill took the form of which constitutional Amendment Act? 2019
Explanation:
The Bill of Constitution (One Hundred and Third Amendment) Act, 2019 was introduced in the Lok Sabha on 8 January 2019 as the Constitution (One Hundred and Twenty-fourth Amendment) Bill, 2019.
It was introduced by Thawar Chand Gehlot, Minister of Social Justice and Empowerment. The bill sought to amend Articles 15 and 16 of the constitution.
The One Hundred and Third Amendment of the Constitution of India, officially known as the Constitution (One Hundred and Third Amendment) Act, 2019, introduces 10% reservation for Economically Weaker Sections (EWS) of society for admission to Central Government-run educational institutions and private educational institutions (except for minority educational institutions), and for employment in Central Government jobs.
52. India borrowed the idea of the Directive Principle of State policy from the constitution of which country? 2019
Explanation:
Constitution of Irish Republic
The framers of the Indian Constitution borrowed the idea of Directive Principles of State Policy from the Constitution of Irish Republic.
53. Which of the following is not a fundamental right anymore? 2019
Explanation:
The right to property is not a Fundamental Right but it is a constitutional right.
In the original Constitution, the right to property was listed as a fundamental right.
By the 44th Amendment to the Constitution, the right to property was removed as a fundamental right and instead, a new provision was added to the Constitution i.e. Article 300-A making it a constitutional right.
54. In which part of the constitution does the concept of welfare state find elaboration? 2019
Explanation:
Directive principles (Part IV) of the constitution the concept of welfare state find elaboration.
The concept of welfare state refers that the protection and promotion of the economic and social welfare of the people of the country.
55. Right to freedom of Religion' is guaranteed under the constitution in which articles? 2019
Explanation:
Constitutional Provisions relating to Right of Religion
Article 25: Freedom of conscience and free profession, practice and propagation of religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom as to payment of taxes for promotion of any particular religion.
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
56.Fundamental Rights are enshrined in the constitution of India in which part? 2019
Explanation:
Part III
Fundamental Rights are contained in Part III of the Constitution. Article 12 to 35 deal with these set of basic rights.
57. The Gandhian principle philosophy has been enumerated in which part of the constitution? 2019
Explanation:
Directive Principles of State Policy (DPSP)- Concept and Features.
Directive Principles of State Policy (DPSP) are mentioned in the Part 4 of the Indian constitution from articles 36 to 51.
58. Which one of the following sets of bills are presented to the parliament along with the budget? 2019
Explanation:
Finance Bill and Contingency Bill.
59. Which among the following is the middle unit of the three-tier Panchayati Raj system? 2019
Explanation:
Panchayat Samiti
The middle unit of the three tier Panchayati Raj System is called as Panchayat Samiti.
Gram Panchayat was established for village level, Panchayat Samiti was for block level and Zila Parsihad was formed at district level.
60. In which chapter of the Indian constitution there is a mention of uniform civil code? 2019
Explanation:
The term, 'Uniform Civil Code' is explicitly mentioned in Part 4, Article 44 of the Indian Constitution.
Article 44 says, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
61. In case of a dispute between the two houses of Indian Parliament over an ordinary Bill, the case is referred to? 2019
Explanation:
The Parliament of India is bicameral. Concurrence of both houses are required to pass any bill.
However, the framers of the Constitution of India anticipated situations of deadlock between the Rajya Sabha and the Lok Sabha.
Therefore, the Constitution of India provides for Joint sittings of both the Houses to break the deadlock.
The joint sitting of the Parliament is called by the President (Article 108) and is presided over by the Speaker or, in their absence, by the Deputy Speaker of the Lok Sabha or in their absence, the
Deputy-Chairperson of the Rajya Sabha. The Chairperson doesn't preside over the joint session at any means/cost.
If any of the above officers are not present then any other member of the Parliament can preside by consensus of both the House.
These two bills cannot be referred to a joint sitting:
1. Money Bill
Under the Constitution of India, money bills require the approval of the Lok Sabha only. Rajya Sabha can make recommendations to Lok Sabha, which it is not required to accept. Even if Rajya Sabha doesn't pass a money bill within 14 days, it is deemed to have been passed by both the Houses of Parliament after the expiry of the above period. Therefore, a requirement to summon a joint session can never arise in the case of a money bill.
2. Constitution Amendment Bill
Article 368 of Indian constitution requires that the constitution of India can be amended by both houses of parliament by 2/3 majority(special majority) . In case of disagreement between both houses, there is no provision to summon a joint session of parliament.
62.Who represents the Govt. of India while presenting the Budget to the Parliament? 2019
Explanation:
central finance minister
The central finance minister presents the central government budget in the Parliament every year.
63. When a Bill is reserved by the Governor for the consideration of the president, within what time he must return the Bill? 2019
Explanation:
There is no limit.
64. The Chief Election Commissioner of India holds office for a period of? 2019
Explanation:
The President appoints Chief Election Commissioner and Election Commissioners.
They have a tenure of six years, or up to the age of 65 years, whichever is earlier.
They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India
65. The Supreme Court of India enjoys the power of Judicial Review which implies that it can? 2019
Explanation:
In India, a judicial review is a review of government decisions done by the Supreme Court of India.
A court with authority for judicial review may invalidate laws, acts and governmental actions that violate the Basic features of the Constitution.
66. The Doctrine of 'Basic Structure' emerged in the case of? 2019
Explanation:
Kesavananda Bharati v. the State of Kerala
In 1973, the basic structure doctrine was formally introduced with rigorous legal reasoning in Justice Hans Raj Khanna's decisive judgment in the landmark decision of Kesavananda Bharati v. The State of Kerala.
Previously, the Supreme Court had held that the power of Parliament to amend the Constitution was unfettered.
67. The official name of the GST Bill is? 2019
Explanation:
Officially known as The Constitution (One Hundred and First Amendment) Act, 2016,
This amendment introduced a national Goods and Services Tax (GST) in India from 1 July 2017.
Previous Years' Prelim Questions.
Which act did change the designation of Governor-General of Bengal to Governor-General of India? 2015
Explanation:
Regulating Act of 1773
It changed the designation of Governor of Bengal into Governor-General of Bengal.
Warren Hastings became the first Governor-General of Bengal.
It formed the Executive Council to help the Governor-General.
The Executive Council, formed by the Regulating Act of 1773, had four members.
2.Who is associated with the introduction of local self-government in India? 2015
Explanation:
Lord Ripon who is regarded as the Father of Local government in India also mandated such an institution in its resolution in 1882
3.Which one of the following was the first committee to demand constitutional recognition for panchayats? 2015
Explanation:
Ashok Mehta Committee
In December 1977, the Janata Government appointed a committee on Panchayati Raj institutions under the chairmanship of Ashoka Mehta.
The committee submitted its report in August 1978 and made 132 recommendations to revive and strengthen the declining Panchayati Raj system in the country.
4. In India, the 'collegium System' was first introduced in relation to what? 2015
Explanation:
The Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
It added that it was not the CJI's individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
5. Central vigilance commission was set up on the recommendation of which committee report? 2015
Explanation:
committee on Prevention of Corruption
K Santhanam committee
The Central Vigilance Commission was set up by the government in February 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K Santhanam, to advise and guide Central Government agencies in the field of vigilance.
6. Which constitutional amendment provided for the setting up of Administrative Tribunals in India? 2015
Explanation:
Tribunals were not part of the original constitution, it was incorporated in the Indian Constitution by 42nd Amendment Act, 1976. Article 323-A deals with Administrative Tribunals.
7. Which of the following committee voiced concern about 'criminalization of politics and politicization of criminals'? 2015
Explanation:
Vohra committee
The Vohra committee voiced concern about 'criminalization of politics and politicization of criminals'.
8.The provision of providing identity cards to voters has been made in which act? 2015
Explanation:
the Representation of the People Act 1958
9.What will follow if a Money Bill is substantially amended by the Rajya Sabha? 2015
Explanation:
A Money Bill can be introduced only in the Lok sabha on the recommendations of the President.
The Rajya Sabha cannot initiate a Money Bill nor can it reject or amend it after passage by the Lok Sabha.
The Rajya sabha must return a Money Bill within 14 days of receipt, after which the Lok sabha may accept any of its recommendations.
10. Rajya Sabha is dissolved after how many years? 2015
Explanation:
six years
Rajya Sabha is a permanent body and is not subject to dissolution.
However, one third of the members retire every second year, and are replaced by newly elected members.
Each member is elected for a term of six years. The Vice President of India is the ex-officio Chairman of Rajya Sabha.
11. A money Bill can be introduced only in? 2015
Explanation:
Lok Sabha
Except Money Bills and Financial Bills, Category A, which can be introduced only in the Lok Sabha, a Bill may originate in either House of Parliament.
As per the provisions of article 109 of the Constitution, the Rajya Sabha has limited powers with respect to Money Bills.
12. Panchayati Raj is included in which list? 2015
Explanation:
State list
Panchayati Raj is included in the State list.
13. Who among the following has the power to issue ordinances under article-129? 2015
Explanation:
The President is the head of the executive body who promulgate ordinances on the advice of the council of ministers.
14. The doctrine of the basic structure of the Indian constitution was pronounced by the supreme court of India in which of the following cases? 2015
Explanation:
Kesavananda Bharati v. State of Kerala
In 1973, the basic structure doctrine was formally introduced with rigorous legal reasoning in Justice Hans Raj Khanna's decisive judgment in the landmark decision of Kesavananda Bharati v. State of Kerala.
Previously, the Supreme Court had held that the power of Parliament to amend the Constitution was unfettered.
15. In which year RTI came into force? 2016
Explanation:
2005
2005 was a momentous year for right to information in India because it saw the enactment of a national right to information law.
The Central Act was passed by the Indian Parliament on 12 May 2005 and received Presidential assent on 15 June 2005. It came into force on 12 October 2005.
16. Which article under the Indian constitution pertains to the special status of J&K? 2016
Explanation:
Article 370 of the Constitution of India is described as a “temporary provision” that grants the state of Jammu and Kashmir a special autonomous status within the Indian union.
On 5 August 2019, the Government of India revoked the special status, or limited autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmir—a region administered by India as a state which consists of the larger part of Kashmir which has been the subject of dispute among India, Pakistan, and China since 1947.
17. The constitutional amendment relating to the declaration of emergency (1978) requires the president of India to act in accordance with what? 2016
Explanation:
Originally at the beginning, National emergency could be declared on the basis of "external aggression or war" and "internal disturbance" in the whole of India or a part of its territory under Article 352.
Such an emergency was declared in India in 1962 war (China war), 1971 war (Pakistan war), and 1975 internal disturbance (declared by Indira Gandhi).
But after the 44th amendment act 1978, National Emergency can only be declared on grounds of "External aggression or war", also called as External Emergency & on the ground of "armed rebellion", also called as Internal Emergency.
The President can declare such an emergency only on the basis of a written request by the Cabinet headed by the Prime Minister.
Such a proclamation must be laid before both houses of Parliament and the state of emergency expires after one month unless approved within that time by both houses sitting and voting separately.
However, if the Lok Sabha (the lower house) has been dissolved or dissolution takes place in the state of emergency, and the Rajya Sabha approves of the state of emergency, the deadline for the Lok Sabha is extended until thirty days after that house reconstituted.
According to Article 352(6), approval by either house requires a special majority: those in favour of the motion must be two thirds of those present and voting, and amount to a majority of the entire membership of that house.
A Parliamentary resolution extends the state of emergency for up to six months, and it can be extended indefinitely by further resolutions in six-monthly increments.
18. Disqualification on grounds of defection for a member of Parliament will not apply in which case? 2016
Explanation:
The Tenth Schedule to the Constitution, popularly known as the Anti-Defection Law, introduced by the Constitution (Fifty-second Amendment) Act, 1985 as amended by the Constitution (Ninety-First Amendment) Act, 2003 lays down the conditions regarding disqualification on ground of defection.
The main provisions of the Tenth Schedule are summarised below:—
An elected member of Parliament or a State Legislature, who has been elected as a candidate set up by a political party and a nominated member of Parliament or a State Legislature who is a member of political party at the time she/he takes her/his seat would be disqualified on the ground of defection if she/he voluntarily relinquishes her/ his membership of such political party or votes or abstains from voting in the House contrary to any direction of such party.
( An independent member of Parliament or a State Legislature will also be disqualified if she/he joins any political party after her/his election.
A nominated member of Parliament or a State Legislature who is not a member of a political party at the time of her/ his nomination and who has not become a member of any political party before the expiry of six months from the date on which she/he takes her/his seat shall be disqualified if she/he joins any political party after the expiry of the said period of six months.
Provisions have been made with respect to mergers of political parties. No disqualification would be incurred when a legislature party decides to merge with another party and such decision is supported by not less than two-thirds of its members.
Special provision has been made to enable a person who has been elected to the office of the Speaker or the Deputy Speaker of the House of People or of the Legislative Assembly of a State or to the office of the Deputy Chairman of the Council of States or the Chairman or the Deputy 164 Chairman of Legislative Council of a State, to sever her/his connections with her/his political party without incurring disqualification.
The question as to whether a member of a House of Parliament or State Legislature has become subject to disqualification will be determined by the presiding officer of the House; where the question is with reference to the Presiding Officer herself/himself it will be decided by a member of the House elected by the House on that behalf.
The Chairman or the Speaker of a House has been empowered to make rules for giving effect to the provisions of the Tenth Schedule. The rules shall be laid before the House and shall be subject to modifications/disapproval by the House.
Without prejudice to the provisions of Article 105 or as the case may be, Article 194 or any other power they may have under the Constitution, the Chairman or the Speaker of a House has been empowered to direct that any wilful contravention by any person of the rules made under paragraph 8 of the Tenth Schedule may be dealt with in the same manner as a breach of privilege of the House.
19. Which one of the following shall not be considered an adequate ground for the issue of the proclamation of national emergency? 2016
Explanation:
NATIONAL EMERGENCY
Grounds of Declaration
Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.
The president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
This provision was added by the 38th Amendment Act of 1975.
When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’.
When it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.
A proclamation of national emergency may be applicable to the entire country or only a part of it.
The 42nd Amendment Act of 1976 enabled the president to limit the operation of a National Emergency to a specific part of India.
Originally, the Constitution mentioned ‘internal disturbance’ as the third ground for the proclamation of a National Emergency, but the expression was too vague and had a wider connotation.
Hence, the 44th Amendment Act of 1978 substituted the words ‘armed rebellion’ for ‘internal disturbance’.
It is no longer possible to declare a National Emergency on the ground of ‘internal disturbance’ as was done in 1975 by the Congress government headed by Indira Gandhi.
The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet.
This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.
In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet.
The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.
The 38th Amendment Act of 1975 made the declaration of a National Emergency immune from the judicial review. But, this provision was subsequently deleted by the 44th Amendment Act of 1978.
In the Minerva Mills case, (1980), the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.
Parliamentary Approval and Duration
The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue.
Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act of 1978.
If the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of one month without approving the proclamation,
then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.
If approved by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.
This provision for periodical parliamentary approval was also added by the 44th Amendment Act of 1978.
Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is,
a majority of the total membership of that house, and
a majority of not less than two-thirds of the members of that house present and voting.
This special majority provision was introduced by the 44th Amendment Act of 1978.
Revocation of Proclamation
A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation.
Such a proclamation does not require the parliamentary approval.
The President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation.
This safeguard was introduced by the 44th Amendment Act of 1978. Before the amendment, a proclamation could be revoked by the president on his own and the Lok Sabha had no control in this regard.
The 44th Amendment Act of 1978 also provided that, where one-tenth of the total number of members of the Lok Sabha give a written notice to the Speaker (or to the president if the House is not in session),
a special sitting of the House should be held within 14 days for the purpose of considering a resolution disapproving the continuation of the proclamation.
A resolution of disapproval is different from a resolution approving the continuation of a proclamation in the following two respects:
The first one is required to be passed by the Lok Sabha only, while the second one needs to be passed by the both Houses of Parliament.
The first one is to be adopted by a simple majority only, while the second one needs to be adopted by a special majority.
20. The Supreme court in India is different from its counterpart in the USA in what way? 2016
Explanation:
Difference between the Indian Supreme court and the American Supreme Court:
The federal court of America does not have advisory jurisdiction but the Supreme Court of India has advisory jurisdiction.
The original jurisdiction of the Indian Supreme court covers only federal cases but the original jurisdiction of the American Supreme court covers not only federal cases but also cases related to the naval forces, maritime activities, ambassadors, etc.
Appellate jurisdiction of the Indian supreme court covers constitutional, criminal, and civil cases but appellate jurisdiction of the American Supreme court covers only constitutional cases.
The jurisdictions and powers of the Indian Supreme court can be enlarged by the Parliament but the jurisdictions and the power of the American Supreme Court are limited to that conferred by the constitution.
21. Which one of the following items comes under the concurrent list of the Indian constitution? 2016
Explanation:
The Concurrent List or List-III (Seventh Schedule) is a list of 52 items (though the last subject is numbered 47) given in the Seventh Schedule to the Constitution of India.
1. Criminal law, including all matters included in the Indian Penal Code at the commencement of this Constitution but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power.
2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the commencement of this Constitution.
3. Preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.
4. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in Entry 3 of this list.
5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
6. Transfer of property other than agricultural land; registration of deeds and documents.
7. Contracts including partnership, agency, contracts of carriage, and other special forms of contracts, but not including contracts relating to agricultural land.
8. Actionable wrongs
9. Bankruptcy and insolvency.
11. Administrators – general and official trustees.
11-A. Administration of justice; constitution and Organisation of all courts, except the Supreme Court and the High Courts.
12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings.
13. Civil procedure, including all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration.
14. Contempt of court, but not including contempt of the Supreme Court.
15. Vagrancy; nomadic and migratory tribes.
16. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficients.
17. Prevention of cruelty to animals.
17-A. Forests.
17-B. Protection of wild animals and birds.
18. Adulteration of foodstuffs and other goods.
19. Drugs and poisons, subject to the provisions of Entry 59 of List I with respect to opium.
20. Economic and social planning.
20-A. Population control and family planning.
21. Commercial and industrial monopolies, combines, and trusts.
22. Trade unions; industrial and labor disputes.
23. Social security and social insurance; employment and unemployment.
24. Welfare of labor including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity, and old-age pensions, and maternity benefits.
25. Education, including technical education, medical education, and universities, subject to the provisions of Entries 63, 64, 65, and 66 of List I; vocational and technical training of labor.
26. Legal, medical and other professions.
27. Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan.
28. Charities and charitable institutions, charitable and religious endowments, and religious institutions.
29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals, or plants.
30. Vital statistics including registration of births and deaths.
31. Ports other than those declared by or under law made by Parliament or existing law to be major ports.
32. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, and the carriage of passengers and goods on inland waterways subject to the provisions of List I with respect to national waterways.
33. Trade and commerce in, and the production, supply, and distribution of,-
(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products
(b) foodstuffs, including edible oilseeds and oils
(c) cattle fodder, including oilcakes and other concentrates
(d) raw cotton, whether ginned or not ginned, and cotton seed; and
(e) raw jute.
33-A. Weights and measures except establishment of standards.
34. Price control.
35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.
36. Factories.
37. Boilers.
38. Electricity.
39. Newspapers, books and printing presses.
40. Archaeological sites and remains other than those declared by or under law made by Parliament to be of national importance.
41. Custody, management and disposal of property (including agricultural land) declared by law to be evacuee property.
42. Acquisition and requisitioning of property.
43. Recovery in a State of claims in respect of taxes and other public demands, including arrears of land-revenue and sums recoverable as such arrears, arising outside that State.
44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III.
46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this List.
47. Fees in respect of any of the matters in this List, but not including fees taken in any court.
Through the 42nd Amendment Act of 1976 Five subjects were transferred from State to Concurrent List. They are:
Education
Forests
Weights & Measures
Protection of Wild Animals and Birds
Administration of Justice
22. The directive principles of state policy included in the constitution of India have been inspired by the constitution of which country? 2016
Explanation:
Irish Constitution
The concept of Directive Principles of State Policy was borrowed from the Irish Constitution.
The makers of the Constitution of India were influenced by the Irish nationalist movement.
Hence, the Directive Principles of the Indian constitution have been greatly influenced by the Directive Principles of State Policy.
23. The power of the supreme court of India to decide the dispute between the center and states falls under which jurisdiction? 2016
Explanation:
original jurisdiction
The power of the Supreme Court of India to decide disputes between the center and the states falls under its original jurisdiction.
24.Which country's political party system has been described as the 'empty bottle' by Bryce? 2016
Explanation:
Lord Bryce described the American political party system as "Two Empty Bottle".
Each bearing the label denoting the kind of liquor it contains.
He said this because there are no fundamental differences of policies between both the Democratic and Republican party.
25.The concept of separation of power was given by whom? 2016
Explanation:
Separation of Power
The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher.
His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States.
Under his model, the political authority of the state is divided into legislative, executive and judicial powers.
He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.
Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.
The intent is to prevent the concentration of power and provide for checks and balances.
The traditional characterizations of the powers of the branches of American government are:
The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government.
The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.
The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.
Forty state constitutions specify that the government is divided into three branches: legislative, executive, and judicial. California illustrates this approach; "The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution."
While separation of powers is key to the workings of American government, no democratic system exists with an absolute separation of powers or an absolute lack of separation of powers. Governmental powers and responsibilities intentionally overlap; they are too complex and interrelated to be neatly compartmentalized. As a result, there is an inherent measure of competition and conflict among the branches of government. Throughout American history, there also has been an ebb and flow of preeminence among the governmental branches. Such experiences suggest that where power resides is part of an evolutionary process.
26. The unlawful detention of a person is questioned by the writ of? 2016
Explanation:
Habeas corpus
Habeas corpus is a recourse in law whereby a person can report an unlawful detention or imprisonment before a court, usually through a prison official.
The writ of habeas corpus is known as the great and efficacious writ in all manner of illegal confinement being a remedy available to the meanest against the mightiest.
27. 'Right to education' has been placed in the Indian constitution under which article? 2016
Explanation:
The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between the age of 6 to 14 years in India under Article 21A of the Indian Constitution
Article 21a and article 45 are both related to the education of students :
Article 21a is guaranteed as a fundamental right but article 45 is the directive principle of state policy.
*. Article 21 provides that the state shall provide free and compulsory education to children between 6-14 years of age.
*. On the other hand article 45 provides that the state shall endeavour to provide early childhood education and care for all children upto 6 years of age.
*. A person between 6-14 years of age can move a court under 21a if he or she is not provided free and compulsory education.
*. The case is not so with the article 45. No court can be moved against the state for providing early childhood care and education to children upto 6 years of age.
This is because article 45 is a directive state policy and unless a policy is framed by executive or a law made by legislature, no cause of action lies only for non compliance of a directive principle.
28. What are the matters on which Parliament has the power to modify provisions of the constitution by the simple majority? 2017
Explanation:
A number of provisions in the Constitution can be amended by a simple majority of the two houses of Parliament outside the scope of Article 368. These provisions include:
Admission or establishment of new states.
Formation of new states and alteration of areas, boundaries, or names of existing states.
Abolition or creation of legislative councils in states.
Second Schedule-emoluments,
Allowances, privileges, and so on of the president, the governors, the Speakers, judges, etc.
Quorum in Parliament.
Salaries and allowances of the members of Parliament.
Rules of procedure in Parliament.
Privileges of the Parliament, its members, and its committees.
Use of the English language in Parliament.
The number of puisne judges in the Supreme Court.
Conferment of more jurisdiction on the Supreme Court.
Conferment of more jurisdiction on the Supreme Court.
Citizenship-acquisition and termination.
Elections to Parliament and state legislatures.
Delimitation of constituencies.
Union territories
Fifth Schedule-administration of scheduled areas and scheduled tribes.
Sixth Schedule-administration of tribal areas.
29. Who among the following was the chairman of the committee of the constituent assembly? 2017
Explanation:
Dr. Babasaheb Ambedkar
The Drafting Committee of the Constitution was chaired by Dr. B.R Ambedkar (Bhimrao Ramji Ambedkar).
The Constituent Assembly appointed a total of 22 committees to deal with different tasks of constitution-making. Out of these, eight were major committees and the others were minor committees.
Major CommitteesDrafting Committee – B. R. Ambedkar
Union Power Committee – Jawaharlal Nehru
Union Constitution Committee – Jawaharlal Nehru
Provincial Constitution Committee – Vallabhbhai Patel
Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Vallabhbhai Patel. This committee had the following subcommittees:
Fundamental Rights Sub-Committee – J. B. Kripalani
Minorities Sub-Committee – Harendra Coomar Mookerjee,
North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee – Gopinath Bordoloi
Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – A V Thakkar
Rules of Procedure Committee – Rajendra Prasad
States Committee (Committee for Negotiating with States) – Sardar Vallabhbhai Patel
States Committee - Jawaharlal Nehru
Steering Committee – Rajendra Prasad
National Flag and HOC Committee – Rajendra Prasad
Committee for the function of the Constitution Assembly - G V Mavlankar
House Committee - B Pattabhi Sitaramayya
Language Committee - Moturi Satyanarayana
Order of Business Committee - K M Munshi
30. The Indian Federation is based on the pattern of which country? 2017
Explanation:
Canada
"Indian federation" is based on the "pattern of Canada".
It is a dual system of government that deals with a mechanism of institutions in which there is different governance at different levels- regional government at the state level and central government at the national level.
31. Which of the following are included in the directive principle of state policy in the constitution of India? 2017
Explanation:
The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are 'fundamental in the governance of the country', and it is the duty of the State to apply these principles in making laws.
These lay down that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may, a social order, in which justice-social, economic and political-shall form in all institutions of national life.
The State shall direct its policy in such a manner as to secure the right of all men and women to an adequate means of livelihood, equal pay for equal work and within limits of its economic capacity and development, to make effective provision for securing the right to work, education and to public assistance in the event of unemployment, old age, sickness and disablement or other cases of undeserved want.
The State shall also endeavour to secure to workers a living wage, humane conditions of work, a decent standard of life, and full involvement of workers in management of industries.
In the economic sphere, the State is to direct its policy in such a manner as to secure distribution of ownership and control of material resources of the community to subserve the common good, and to ensure that operation of the economic system does not result in concentration of wealth and means of production to common detriment.
Some of the other important directives-
provision of opportunities and facilities for children to develop in a healthy manner;
free and compulsory education for all children up to the age of 14;
promotion of education and economic interests of scheduled castes, scheduled tribes and other weaker sections; organisation of village panchayats;
separation of judiciary from executive;
promulgation of a uniform civil code for whole country;
protection of national monuments;
promotion of justice on a basis of equal opportunity;
provision of free legal aid;
protection and improvement of environment and safeguarding of forests and wildlife of the country;
promotion of international peace and security;
just and honourable relations between nations;
respect for international law; treaty obligations; and settlement of international disputes by arbitration.
32. The philosophical postulates of the constitution of India are based on? 2017
Explanation:
Objectives Resolution, 1947
33.Who among the following was not a member of the State Reorganisation Commission (SRC) appointed by Pandit Jawaharlal Nehru? 2017
Explanation:
States Reorganisation Commission consisted of Fazal Ali, K. M. Panikkar and H. N. Kunzru.
Some of its recommendations were implemented in the States Reorganisation Act of 1956.
34. Under article 368, the parliament has no power to repeal fundamental rights because these are? 2017
Explanation:
Under Article 368, Parliament has no power to repeal Fundamental Rights because they are part of the basic structure of the essential framework of the Constitution.
Part XX of the Constitution of India has only one article that is Article 368 that deals with the amendment of the Constitution.
As per this article, Parliament may add, amend or repeal any provision of the constitution as per the procedure laid down for this purpose.
However, in the Kesavananda Bharati Case 1973, the Supreme Court has ruled that the Parliament cannot repeal those provisions which constitute the Basic Structure of the Constitution.
35. Which of the following is not an element of 'Secular State' in India? 2017
Explanation:
With the Forty-second Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution asserted that India is a secular nation.
However, the Supreme Court of India in S. R. Bommai v. Union of India established the fact that India was secular since the formation of the republic.
The judgement established that there is separation of state and religion. It stated "In matters of State, religion has no place.
The three objectives of a secular state are:
That one religious community does not dominate another;
That some members do not dominate other members of the same religious community;
That the State does not enforce any particular religion nor take away the religious freedom of individuals.
36. Which of the following acts introduced a bi-cameral legislature at the central level in India? 2017
Explanation:
Government of India Act 1919.
37. Who said, 'All communalism is harmful. The logic of minority communalism is separatism, and majority communalism culminates into fascism? 2017
Explanation:
Bipin Chandra in his book 'Communalism in Modern India', stressed that communalism basically is an ideology.
In this context, he said, All communalism is harmful. The logic of minority communalism is separatism and majority communalism culminates into fascism.
38. Article-371 of the Constitution of India provides for special provision with respect to which of the following state(s)? 2017
Explanation:
States that have special provisions under Article 371(A-J):
Article 371 – Maharashtra and Gujarat
Governors of the states of Maharashtra and Gujarat are given special responsibilities to set up development boards in regions such as Vidarbha, Marathwada, Kutchh etc.
Article 371A – Nagaland
Article 371A of the Constitution mainly states that no act of Parliament would apply to the state of Nagaland in matters relating to religious or social practices of Nagas, Naga customary law and procedure, administration of civil or criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources. The Legislative Assembly of Nagaland must pass a resolution for an act to be applicable to the state.
The governor is given special responsibilities with respect to law and order in the state as well.
Article 371B – Assam
According to the special provision under Article 371B, the president may provide for the Constitution and functions of a committee of Legislative Assembly of the state consisting of members elected from the tribal areas of Assam.
Article 371C – Manipur
The special provision under Article 371C in the case of Manipur is similar to 371B for Assam. Here, too, the president may provide for the Constitution and functions of a committee of Legislative Assembly of the state, but consisting of members elected from the hill areas of Manipur.
The governor must submit an annual report to the president regarding the administration of hill areas as well.
Article 371D & E – Andhra Pradesh
Article 371D, which was added to the Constitution in 1974, provides equitable opportunities and facilities for the people of the state and safeguards their rights in matters of employment and education. The state government may organise civil posts or direct recruitment to posts in local cadre as required.
Article 371E states that the Parliament may by law provide for the establishment of a University in Andhra Pradesh.
Article 371F – Sikkim
Article 371F was incorporated into the Constitution in 1975. It states that the Legislative Assembly shall consist of not less than 30 members. In order to protect the rights and interests of the different sections of the population in the state of Sikkim, seats in the assembly are provided to people of these different sections.
Article 371G – Mizoram
The Legislative Assembly of the state of Mizoram must consist of not less than 40 members. In addition, following the same provisions as Nagaland, an act of Parliament would not apply to Mizoram in matters relating to religious or social practices of Mizo, Mizo customary law and procedure, administration of civil or criminal justice involving decisions according to Mizo customary law, ownership and transfer of land and its resources.
Article 371H – Arunachal Pradesh
The Legislative Assembly of the state of Mizoram must consist of not less than 30 members. The governor will have special responsibility with respect to law and order in the state.
Article 371I – Goa
The Legislative Assembly of the state of Goa must consist of not less than 30 members.
Article 371J
Article 371J grants special status to six backward districts of the Hyderabad-Karnataka region. The special provision requires that a separate development board be established for these regions (similar to Maharashtra and Gujarat) and also ensures local reservation in education and government jobs.
39. Which of the following is not a correct statement regarding the unitary system? 2017
Explanation:
Unitary Features of constitution make a centralized government.
It is a government in which all powers held by the government belong to a single, central agency.
A unitary system is governed constitutionally as one single unit.
All power is top down.
A unitary state is a sovereign state governed as one single unit in which the central government is supreme.
40. 73rd Amendment does not apply to which states? 2017
Explanation:
Meghalaya, Mizoram and Nagaland
The 73rd Constitutional Amendment Act is not applicable to these three States, as the traditional local institutions of self-government exist in these Schedule VI States.
41. The chairman and the member of UPSC hold office for the term of? 2017
Explanation:
The Commission consists of a chairman and other members appointed by The President of India.
Usually, the Commission consists of 9 to 11 members including the chairman.
Every member holds office for a term of six years or until he attains the age of sixty-five years, whichever is earlier.
Commission executive: Pradeep Kumar Joshi ...
Preceding agencies: Federal Public Service C...
Formed: 1 October 1926; (94 years ago)
Parent department: GOVT. of India
42.Which of the following is not a salient feature of the Constitution of India? 2017
Explanation:
The basic structure of the Constitution i.e. its most fundamental features can be described as: Preamble, Fundamental Rights, Directive Principles, Secularism, Federalism, Republicanism, Independence of Judiciary, Rule of Law, and Liberal Democracy.
43. Which of the following is not an objective of Niti Ayog? 2017
Explanation:
Objectives
To evolve a shared vision of national development priorities, sectors and strategies with the active involvement of States.
To foster cooperative federalism through structured support initiatives and mechanisms with the States on a continuous basis, recognizing that strong States make a strong nation.
To develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government.
To ensure, in areas that are specifically referred to, that the interests of national security are incorporated in economic strategy and policy.
To pay special attention to the sections of our society that may be at risk of not benefiting adequately from economic progress.
To design strategic and long term policy and programme frameworks and initiatives, and monitor their progress and their efficacy. The lessons learnt through monitoring and feedback will be used for making innovative improvements, including necessary mid-course corrections.
To provide advice and encourage partnerships between key stakeholders and national and international like-minded Think tanks, as well as educational and policy research institutions.
To create a knowledge, innovation, and entrepreneurial support system through a collaborative community of national and international experts, practitioners and other partners.
To offer a platform for resolution of inter-sectoral and inter departmental issues in order to accelerate the implementation of the development agenda.
To maintain a state-of-the-art Resource Centre, be a repository of research on good governance and best practices in sustainable and equitable development as well as help their dissemination to stake-holders.
To actively monitor and evaluate the implementation of programmes and initiatives, including the identification of the needed resources so as to strengthen the probability of success and scope of delivery.
To focus on technology upgradation and capacity building for implementation of programmes and initiatives.
To undertake other activities as may be necessary in order to further the execution of the national development agenda, and the objectives mentioned above.
44.Which of the following is not the recommendation of the Dinesh Goswami Committee on electoral reforms? 2018
Explanation:
In 1990, Dinesh Goswami Headed a Committee made the following recommendations;
a. The ordering of re-poll or countermanding should not only be on the report of the returning officer, but also otherwise and, also to give the Election Commission the requisite powers to appoint investigating agencies, prosecuting agencies and constitution of special courts.
b. There is a need for an amendment to the anti-defection law to restrict disqualification only to those cases, where an elected member voluntarily gives up his membership of the political party, or when he votes or abstains from voting contrary to party whips, directions etc. only in respect of motion of vote of confidence. The question of disqualification of members should not be decided by the speaker or the Chairman of the concerned House.
c. Changes in the voting pattern and shift to proportional representation of the list system, instead of present voting system should be made (However, this matter was to be further discussed amongst exports)
d. There should be fresh delimitation on the basis of 1981 census and there should be a provision for rotation of reserved seats for Scheduled Castes and Scheduled Tribes.
e. No candidates should be allowed to contest an election from more than two constituencies. The age of Candidates for assembly seats should be reduced to 21 and for the Council to 25.
f. To discourage non-serious candidates
Dinesh Goswami has recommended that
the security deposit for Lok Sabha should be increased to Rs. 5000 and for Assembly it should be increased to Rs. 2500. The amount should be forfeited if the candidate fails to secure one fourth of the total votes. The member of proposals to nomination should also be increased.
g. A model code of conduct be framed which would include issues relating to-the use of official machinery, transport, media, funds etc.
h. There should be a ban on transfer of officials and staff concerted with the elections. The Commission and the Central Government should continue the periodic revision of election expenses in consultation with the Election Commission. There should be a six month time limit for holding bye-elections.
i.
Dinesh Goswami has recommended that
Army and Para-military personnel, diplomats and others placed outside India should be allowed proxy voting.
j.
Dinesh Goswami has recommended that
Extensive restructuring of the accounting of election expenses is needed.
k. Monitoring of expenses should be undertaken by the Election Commission, and a speedy trial of election disputes through the help of adhoc judges should be ensured.
l. There should be a provision to punish plying mechanically-propelled vehicles, carrying lethal weapons and fire arms or distributing liquor on, the polling day.
m. Electronic voting machines should be used to put an end to manipulating and tempering.
45.Which of the following subjects is not included in the concurrent list? 2018
Explanation:
Refer Q21
most probable this time, Item No. 33 in concurrent List
33. Trade and commerce in, and the production, supply and distribution of,-
(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products
(b) foodstuffs, including edible oilseeds and oils
(c) cattle fodder, including oilcakes and other concentrates
(d) raw cotton, whether ginned or not ginned, and cotton seed; and
(e) raw jute.
46. Which is not the discriminatory power of the president of India? 2018
Explanation:
Discretionary powers of the President: Not based on the advice of CoM
The discretionary powers of the Indian president are not explicitly mentioned in the Indian constitution. But cases, where the Indian President do not act on the advice of CoM, can be understood if one carefully read the provisions related to the Indian President.
The cases of discretionary powers are as below:
#1: Suspensive Veto:
The President has discretionary power when he exercises suspensive veto ie. when he returns a bill (not money bill) for reconsideration of the parliament
However if the bill is passed again by the Parliament with or without amendments and presented again to the President, it is obligatory for him to give his assent to the bill.
#2: Pocket Veto:
This is not a provision mentioned in the Indian constitution, but this is a possible situation when the President of India can use his discretionary power. In this case, the President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an indefinite period.
As the time limit within which the President has to take the decision with respect to a bill presented to him for assent, has not been mentioned in the constitution, in effect the inaction of the President stops the bill from becoming an act.
#3: President can seek information from Prime Minister:
Under article 78 the President enjoys the right to seek information from the PM regarding the administration of the affairs of the union.
Under the established convention, the President has the right to warn or encourage the Council of Minister (CoM) in the exercise of its power.
#4: Case of no sitting of both houses:
Under Article 85, the President can summon each House of Parliament to meet at such time and place as he thinks fit, to ensure that six months shall not intervene between its last sitting in one session and the date appointed for its sitting in the next session.
#5: Case of no majority:
When no political party or coalition of parties enjoys the majority in Lok Sabha, then the President has discretion in inviting the leader of that party or coalition of parties who in his opinion is able to form a stable government.
#6: Case of no-confidence with CoM- dissolving Loksabha:
It is for the president to decide if he should dissolve Loksabha or not when CoM loses the majority in Lok Sabha.
Note: The President can dissolve Lok Sabha only on the advice of CoM but the advice is binding only if the government is a majority government.
#7: Case of no-confidence with CoM- dissolving CoM:
It is for the president to decide if he should dissolve CoM or not when CoM loses the majority in Lok Sabha.
#8: Case of a caretaker government
A caretaker government does not enjoy the confidence of Lok Sabha and hence it is not expected to take major decisions but only to make the day-to-day administrative decisions. It is for the President to decide the day-to-day decisions.
47.Which article of the Indian constitution speaks about the official languages Indian union? 2018
Explanation:
Official Language - Constitutional/Statutory Provisions
Article 343(1) of the Constitution provides that Hindi in Devanagari script shall be the Official Language of the Union.
47. In which year simultaneous elections both for Lok Sabha and State Legislative Assemblies were not held? 2018
Explanation:
Post adoption of the Constitution, the elections to Lok Sabha and all State Legislative Assemblies were held simultaneously between 1951 till 1967 when the cycle of synchronized elections got disrupted.
48. Which among the following states does not come under the sixth schedule of the Indian constitution? 2018
Explanation:
The Sixth Schedule of the Constitution provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in these states.
49. The GST Bill which came into implementation from July 1, 2017, is? 2018
Explanation:
Officially known as The Constitution (One Hundred and First Amendment) Act, 2016, this amendment introduced a national Goods and Services Tax (GST) in India from 1 July 2017.
It was introduced as the One Hundred and Twenty Second Amendment Bill of the Constitution of India,
50. Article-21 of the Indian constitution secures what? 2018
Explanation:
“Article 21 of the Constitution guarantees life and personal liberty to all persons. It guarantees the right of persons to life with human dignity.
Therein are included, all the aspects of life which go to make a person's life meaningful, complete and worth living.
51. 124th Constitutional Amendment Bill took the form of which constitutional Amendment Act? 2019
Explanation:
The bill of Constitution (One Hundred and Third Amendment) Act, 2019 was introduced in the Lok Sabha on 8 January 2019 as the Constitution (One Hundred and Twenty-fourth Amendment) Bill, 2019.
It was introduced by Thawar Chand Gehlot, Minister of Social Justice and Empowerment. The bill sought to amend Articles 15 and 16 of the constitution.
The One Hundred and Third Amendment of the Constitution of India, officially known as the Constitution (One Hundred and Third Amendment) Act, 2019, introduces 10% reservation for Economically Weaker Sections (EWS) of society for admission to Central Government-run educational institutions and private educational institutions (except for minority educational institutions), and for employment in Central Government jobs.
52. India borrowed the idea of the Directive Principle of State policy from the constitution of which country? 2019
Explanation:
Constitution of Irish Republic
The framers of the Indian Constitution borrowed the idea of Directive Principles of State Policy from the Constitution of Irish Republic.
53. Which of the following is not a fundamental right anymore? 2019
Explanation:
The right to property is not a Fundamental Right but it is a constitutional right.
In the original Constitution, the right to property was listed as a fundamental right.
By the 44th Amendment to the Constitution, the right to property was removed as a fundamental right and instead, a new provision was added to the Constitution i.e. Article 300-A making it a constitutional right.
54. In which part of the constitution does the concept of welfare state find elaboration? 2019
Explanation:
Directive principles (Part IV) of the constitution the concept of welfare state find elaboration.
The concept of welfare state refers to the protection and promotion of the economic and social welfare of the people of the country.
55. Right to freedom of Religion' is guaranteed under the constitution in which articles? 2019
Explanation:
Constitutional Provisions relating to Right of Religion
Article 25: Freedom of conscience and free profession, practice and propagation of religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom as to payment of taxes for promotion of any particular religion.
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
56.Fundamental Rights are enshrined in the constitution of India in which part? 2019
Explanation:
Part III
Fundamental Rights are contained in Part III of the Constitution. Article 12 to 35 deal with these sets of basic rights.
57. The Gandhian principle philosophy has been enumerated in which part of the constitution? 2019
Explanation:
Directive Principles of State Policy (DPSP)- Concept and Features.
Directive Principles of State Policy (DPSP) are mentioned in the Part 4 of the Indian constitution from articles 36 to 51.
58. Which one of the following sets of bills are presented to the parliament along with the budget? 2019
Explanation:
Finance Bill and Contingency Bill.
59. Which among the following is the middle unit of the three-tier Panchayati Raj system? 2019
Explanation:
Panchayat Samiti
The middle unit of the three tier Panchayati Raj System is called as Panchayat Samiti.
Gram Panchayat was established for village level, Panchayat Samiti was for block level and Zila Parsihad was formed at district level.
60. In which chapter of the Indian constitution there is a mention of uniform civil code? 2019
Explanation:
The term, 'Uniform Civil Code' is explicitly mentioned in Part 4, Article 44 of the Indian Constitution.
Article 44 says, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
61. In case of a dispute between the two houses of Indian Parliament over an ordinary Bill, the case is referred to? 2019
Explanation:
The Parliament of India is bicameral. Concurrence of both houses are required to pass any bill.
However, the framers of the Constitution of India anticipated situations of deadlock between the Rajya Sabha and the Lok Sabha.
Therefore, the Constitution of India provides for Joint sittings of both the Houses to break the deadlock.
The joint sitting of the Parliament is called by the President (Article 108) and is presided over by the Speaker or, in their absence, by the Deputy Speaker of the Lok Sabha or in their absence, the
Deputy-Chairperson of the Rajya Sabha. The Chairperson doesn't preside over the joint session at any means/cost.
If any of the above officers are not present then any other member of the Parliament can preside by consensus of both the House.
These two bills cannot be referred to a joint sitting:
1. Money Bill
Under the Constitution of India, money bills require the approval of the Lok Sabha only. Rajya Sabha can make recommendations to Lok Sabha, which it is not required to accept. Even if Rajya Sabha doesn't pass a money bill within 14 days, it is deemed to have been passed by both the Houses of Parliament after the expiry of the above period. Therefore, a requirement to summon a joint session can never arise in the case of a money bill.
2. Constitution Amendment Bill
Article 368 of Indian constitution requires that the constitution of India can be amended by both houses of parliament by 2/3 majority(special majority) . In case of disagreement between both houses, there is no provision to summon a joint session of parliament.
62.Who represents the Govt. of India while presenting the Budget to the Parliament? 2019
Explanation:
central finance minister
The central finance minister presents the central government budget in the Parliament every year.
63. When a Bill is reserved by the Governor for the consideration of the president, within what time he must return the Bill? 2019
Explanation:
There is no limit.
64. The Chief Election Commissioner of India holds office for a period of? 2019
Explanation:
The President appoints Chief Election Commissioner and Election Commissioners.
They have a tenure of six years, or up to the age of 65 years, whichever is earlier.
They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India
65. The Supreme Court of India enjoys the power of Judicial Review which implies that it can? 2019
Explanation:
In India, a judicial review is a review of government decisions done by the Supreme Court of India.
A court with authority for judicial review may invalidate laws, acts and governmental actions that violate the Basic features of the Constitution.
66. The Doctrine of 'Basic Structure' emerged in the case of? 2019
Explanation:
Kesavananda Bharati v. the State of Kerala
In 1973, the basic structure doctrine was formally introduced with rigorous legal reasoning in Justice Hans Raj Khanna's decisive judgment in the landmark decision of Kesavananda Bharati v. The State of Kerala.
Previously, the Supreme Court had held that the power of Parliament to amend the Constitution was unfettered.
67. The official name of the GST Bill is? 2019
Explanation:
Officially known as The Constitution (One Hundred and First Amendment) Act, 2016,
This amendment introduced a national Goods and Services Tax (GST) in India from 1 July 2017.
NOTE
Best Book to cover Indian Polity for OPSC OAS Prelim Exam is Indian polity By M laxmikanth
68. The Insurance Regulatory and Development Authority[ IRDA] is which type of Body? OAS Prelim, 2020
A] Constitutional Body
B] Statutory Body
C] Advisory Body
D] Non-Governmental Body
Ans- B
Explanation-
statutory body
Insurance Regulatory and Development Authority of India (IRDAI), is a statutory body formed under an Act of Parliament, i.e., Insurance Regulatory and Development Authority Act, 1999 (IRDAI Act 1999) for overall supervision and development of the Insurance sector in India.
69. Who is the chairman of the state commission for Backward castes in Odisha [OAS Prelim, 2020]
A] Justice Raghunath Biswal
B] Justice Bimal Prasad Das
C] Justice Bijay krushna Patel
D] Justice Jatindra Prasad Das
Ans- A
Explanation
Naveen Patnaik’s government announced a Commission for Backward Classes in the state appointing former Orissa High Court judge, Justice Raghunath Biswal, as its chairman on Wednesday.
Read more at:
70. The Ideal of a Welfare state in the Indian Constitution is enshrined in its [ 2020 OAS Prelim]
A] Preamble
B] Directive Principles of state policy
C] Fundamental Rights
D] Seventh Schedule
Ans- B
Explanation
Directive Principles of State Policy
The ideal of 'Welfare State' in the Indian Constitution is enshrined in its. Directive Principles of State Policy.
71. Who, as per the provisions of the constitution, declares an area as a scheduled area? [ 2020 OAS Prelim]
A] Prime Minister
B] President of India
C] Governor
D] Speaker of the Legislative Assembly
Ans- B
Explanation
As per the Constitutional provision under Article 244 (1) of the Constitution of India, the 'Scheduled Areas' are defined as 'such areas as the President may by order declare to be Scheduled Areas' – as per paragraph 6(1) of the Fifth Schedule of the Constitution of India.
72. The Concurrent List in the Constitution of India was adopted from [ 2020 OAS Prelim]
A] Switzerland
B] Australia
C] Canada
D] France
Ans- B
Explanation
the Constitution of Australia
The correct answer is Australia. Concurrent List in the Indian Constitution has been adopted from the Constitution of Australia. Central Government and State Government both can make laws on the subjects under this list. In case of any conflict, the law made by the Central Government will prevail.
73. Which Schedule of the constitution of India Distributes power between the Union and the states? [ 2020 OAS Prelim]
A] First Schedule
B] Second Schedule
C] Sixth Schedule
D] Seventh Schedule
Ans- D
Explanation
The Seventh Schedule
The Seventh Schedule to the Constitution of India defines and specifies the allocation of powers and functions between Union & States.
74. Mandamus is a writ issued by the Apex Court [ 2020 OAS Prelim]
A] Asking a public Official or any Authority To perform Legal duties
B] Enquiring into the Legality of Claim of Any person to public Office
C] Asking a person who has detained any other persons to appear before a court
D] Against any lower court not to do any act excess of their jurisdiction
Ans- A
Explanation
'Mandamus' means 'we command'. It is issued by the Court to direct a public authority to perform the legal duties which it has not or refused to perform. It can be issued by the Court against a public official, public corporation, tribunal, inferior court, or the government.
74. Any Money Bill can not be introduced in the parliament without the consent of the [ 2020 OAS Prelim]
A] Prime Minister of India
B] Union Finance Minister
C] The Speaker of Lok Sabha
D] The Chairman of Rajya Sabha
Ans- C
Explanation
A money bill can only be introduced in parliament with the prior permission of the President of India. ... Money bill cannot be returned by the President to the parliament for its reconsideration, as it is presented in the Lok Sabha with his permission.
75. The first state in India which was created on a linguistic basis [2020 OAS Prelim]
A] Andhra Pradesh
B] Haryana
C] Gujarat
D] Kerala
Ans- A
Explanation
However, post-independence, the first state to be created on a linguistic basis was Andhra in 1953, created out of the Telugu-speaking northern parts of Madras State.
76. The Right to education for all between 6 and 14 years of age has been included as a fundamental right in the year [2020 OAS Prelim]
A] 1998
B]2001
C]2002
D] 2000
Ans- C
Explanation
2002
The correct answer is 2002. The Right to Education for all between 6 and 14 years of age has been included in Article 21-A of Fundamental Rights in the Constitution of India. It was included in the Constitution through the 86th Amendment Act, 2002.
77. The All India Whips Conference is organized by [2020 OAS Prelim]
A] Ministry of Parliamentary Affairs
B] Chief Minister of States
C] Speaker of Loka Sabha
D] Vice-President of India
Ans- A
Explanation
Organizing the All India Whips Conference is one of the functions assigned to the Ministry of Parliamentary affairs, under Government of India (Allocation of Business) Rules, 1961 made under article 77(3) of the Constitution.
78. The Purpose of the Uniform Civil Code incorporated in article 44 of the Indian Constitution is for [2020 OAS Prelim]
A] National Security
B] Cultural Intigration
C] National Unity
D] Welfare of Minorities
Ans- B & C
Explanation
The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonize diverse cultural groups across the country.
79. Keeping control over delegated legislation is the power of [2020 OAS Prelim]
A] Rajya Sabha
B] Lok Sabha
C] Prime Minister
D] Supreme Court
Ans- D
Explanation
Delegated legislation is controlled by the Parliament and the Judiciary. Parliament has the overall control over the delegated legislation as it takes account with the statutory committees which make law through bills.
80. The Governing Council of NITI Aayog comprises of [ 2020 OAS Prelim]
A] Prime minister and all Chief Minister
B] Chief Ministers, Experts, and Specialists
C] All Chief Ministers and Lieutenant Governors
D] Chief Ministers and Union Finance Ministers
Ans- A
Explanation
The Governing Council of NITI Aayog comprises the Hon'ble Prime Minister of India; Chief Ministers of all the States and Union Territories with the legislature; Lt Governors of other UTs; Ex-Officio Members; Vice Chairman, NITI Aayog; Full-Time Members, NITI Aayog; and Special Invitees.
81. The Chairman of Zonal Council Of India [2020 OAS Prelim]
A] Finance Minister
B] Chairman of Rajya Sabha
C] Union Home Minister
D] Speaker of Lok Sabha
Ans- C
Explanation
Chairman - The Union Home Minister is the Chairman of each of these Councils. Vice-Chairman - The Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time.
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