Day-493 | Daily MCQs | UPSC Prelims | POLITY

Answer: C
Explanation:
● Both are correct statements and hence, option C is the correct choice.
● The constitution has not given details about the exact qualifications of the Prime Minister. It states that any citizen can become PM provided he/she becomes a member of the either house.
● It means a person can become PM for six months without becoming a member of either house. It happened with Chaudhary Charan Singh who became PM and he had to resign within six months and so, he remained PM without becoming a member of either house.
● Unlike the UK where it is specified that the PM must belong to the House of Commons only, in India, the PM can belong to either House.
● The PMs like Indira Gandhi, Deve Gauda, IK Gujral and Manmohan Singh belonged to Rajya Sabha.
● The details of PM qualification are not given largely due to the parliamentary system in which the PM is not directly elected.

Answer: C
Explanation:
● Option C is incorrect. The effects of national emergency have nothing to do with the Council of Ministers at the state level and Legislative Assemblies. They are not dissolved, rather they function under the control of the union executive.
● All other options are correct. Some fundamental rights including under Article 19 are automatically suspended as per Article 358.
● The President under Article 359 suspends the right to seek constitutional remedies. However, by the 44th amendment act, a restriction was imposed that under Article 20 and 21, such rights cannot be suspended.
● It has effects on the life of the Lok Sabha which can be extended to an indefinite period of time. At a time, it is extended by one year.

Answer: B
Explanation:
● Statement 1 is incorrect: Elections make a fundamental contribution to democratic governance. Because direct democracy—a form of government in which political decisions are made directly by the entire body of qualified citizens—is impractical in most modern societies, democratic government must be conducted through representatives. Elections enable voters to select leaders and to hold them accountable for their performance in office.
● Statement 2 is correct: The Constitution of India has provided for a parliamentary form of government. Consequently, the President has been made only a nominal executive (de jure executive) and the real executive (de facto executive) being the council of ministers headed by the prime minister. It is to be noted that the Executive power of the Union is vested in the President, and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution.
● The Supreme command of defence forces of the Union also vests in the President. The President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha, promulgates Ordinances at any time, except when both Houses of Parliament are in session.
● The President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation, by means of single transferable vote. Hence, it can be said that the Executive Head of India is indirectly elected by the citizens of India.
● Statement 3 is correct: Referendum is an electoral device by which voters may express their wishes with regard to government policy or proposed legislation. They exist in a variety of forms. The referendum may be obligatory or optional.
● Statement 4 is incorrect: Just like elections, referendums can also be held in a part of a country, state and it is not necessary to be pan-national. The only difference lies in the nature. In elections we elect the representative and in referendums we decide upon an issue.

Answer: C
Explanation:
● Statement 1 is correct: Constitutions can express the identity and values of a national community. As nation-building instruments. In Indian context the Constitution of India embodies the shared values of all the citizens, Gandhian principles, shared history etc.
● Statement 2 is correct: ‘Constitution’ declares and defines the boundaries of the political community. These boundaries can be territorial (the geographical borders of a state, as well as its claims to any other territory or extra-territorial rights) and personal (the definition of citizenship). Thus, a Constitution often distinguishes between those inside and outside the polity. (In Indian context Part-I and Part-II of the Constitution of India).
● Statement 3 is correct: Constitutions can declare and define the nature and authority of the political community. They often declare the state’s fundamental principles and assumptions, as well as where its sovereignty lies. The source of India’s sovereignty lies in the people of India as mentioned in the Preamble to the Constitution of India.

Answer: A
Explanation:
● Statement 1 is correct: Preventive Detention means a person’s incarceration in advance to prevent any further possibility of the commitment of crime or its engagement. Preventive detention is, therefore, an action taken on the basis of apprehension that the person in question might do some wrongful act.
● ‘Preventive detention’ is also referred to as ‘administrative detention’, since this detention is directed by the executive and the decision-making authority lies exclusively upon the administrative or managerial authority. Preventive detention is said to be the practice of imprisoning accused persons prior to trial on the presumption that their discharge would not be in favor of society, and, if discharged, they might commit multiple other crimes.
● Constitution under Article 22(4) says that no law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention, provided that nothing in this sub-clause shall authorize the detention of any person beyond the maximum period prescribed by any law made by Parliament. However, Parliament may by law prescribe the circumstances under Article 22(7), for a person to be detained for a period longer than three months under any law without obtaining the opinion of an Advisory Board.
● Statement 2 is incorrect: Punitive detention, which means detention as a punishment for the criminal offence. It occurs after an offence is actually committed, or an attempt has been made towards the commission of that crime.