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Question 1 of 5
1. Question
1. Consider the following statements:
Statement-I: MPs cannot be drawn to courts and subjected to penal law for their speeches made in the Parliament.
Statement-II: The MPs are protected by the Constitution from any proceedings in a court for their speeches made in the Parliament.
Which one of the following is correct in respect of the above statements?Correct
Answer: A
Explanation:
Statement-I is correct:
Article 105 of the Constitution states:
1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
2) No Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings. Hence Statement-II is also correct.
Article 105(1) and Article 105 (2) of the Constitution of India makes it clear that MPs have freedom of speech and they are protected by the Constitution from any proceedings in a court for what they say or how they vote. However, their speeches are subjected to Rules of Procedure and Conduct of Business of both Houses of Parliament, and the Chair can decide to enforce those rules on them for the orderly conduct of the proceedings of the Parliament. A set of such rules deals with the expunction of words of the speeches they deliver inside the Houses of the Parliament.
Both the Houses of Parliament have specific rules in their respective Rules of Procedure and Conduct of Business.
Rule 261 of the Rajya Sabha rules and Rule 380 of the Lok Sabha rules provide that if the presiding officer is of the opinion that a word or words has or have been used in a debate which is or are defamatory or indecent or unparliamentary or undignified, they may, in their discretion, order that such word or words be expunged from the proceedings.
It is clear that the Chair (Speaker in the Lok Sabha and Chairman in Rajya Sabha) exercises discretion in taking the decision to expunge certain words from the proceedings of the Lok Sabha or Rajya Sabha, as the case may be, and that decision is final.
Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-IIncorrect
Answer: A
Explanation:
Statement-I is correct:
Article 105 of the Constitution states:
1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
2) No Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings. Hence Statement-II is also correct.
Article 105(1) and Article 105 (2) of the Constitution of India makes it clear that MPs have freedom of speech and they are protected by the Constitution from any proceedings in a court for what they say or how they vote. However, their speeches are subjected to Rules of Procedure and Conduct of Business of both Houses of Parliament, and the Chair can decide to enforce those rules on them for the orderly conduct of the proceedings of the Parliament. A set of such rules deals with the expunction of words of the speeches they deliver inside the Houses of the Parliament.
Both the Houses of Parliament have specific rules in their respective Rules of Procedure and Conduct of Business.
Rule 261 of the Rajya Sabha rules and Rule 380 of the Lok Sabha rules provide that if the presiding officer is of the opinion that a word or words has or have been used in a debate which is or are defamatory or indecent or unparliamentary or undignified, they may, in their discretion, order that such word or words be expunged from the proceedings.
It is clear that the Chair (Speaker in the Lok Sabha and Chairman in Rajya Sabha) exercises discretion in taking the decision to expunge certain words from the proceedings of the Lok Sabha or Rajya Sabha, as the case may be, and that decision is final.
Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I -
Question 2 of 5
2. Question
2. Consider the following statements:
1. Citizenship is under the exclusive jurisdiction of Parliament.
2. The first National Register of Citizens was prepared after the Census of 1951.
3. The National Register of Citizens has not been updated for the entire country since 1951.
How many of the above given statements are correct?Correct
Answer: C
Explanation:
Statement 1 is correct: Citizenship is listed in the Union List under the Constitution and thus is under the exclusive jurisdiction of Parliament. (Entry 17 of the Union List in Schedule 7)
Statement 2 is correct: National Register of Citizens, 1951 is a register prepared after the conduct of the Census of 1951 in respect of each village, showing the houses or holdings in a serial order and indicating against each house or holding the number and names of persons staying therein.
Statement 3 is correct: The NRC was published only once in 1951 and since then, it has not been updated for the entire country.
However, the Assam NRC of 1951 was updated to detect illegal immigrants and the entire process, carried out between 2014 and 2019, was monitored by the Supreme Court. The final NRC list, published in August 2019, found that 1.9 million of the 33 million applicants in the state were not eligible for Indian citizenship.
Having said that, it is also important to note that after the report was submitted in December 2022, the Comptroller and Auditor General (CAG) of India detected large-scale anomalies in the process of updating the National Register of Citizens (NRC) for Assam. The CAG report practically sounded the death knell for the NRC exercise as it officially declares that “the intended objective of preparing a valid, error-free NRC has not been met”.Incorrect
Answer: C
Explanation:
Statement 1 is correct: Citizenship is listed in the Union List under the Constitution and thus is under the exclusive jurisdiction of Parliament. (Entry 17 of the Union List in Schedule 7)
Statement 2 is correct: National Register of Citizens, 1951 is a register prepared after the conduct of the Census of 1951 in respect of each village, showing the houses or holdings in a serial order and indicating against each house or holding the number and names of persons staying therein.
Statement 3 is correct: The NRC was published only once in 1951 and since then, it has not been updated for the entire country.
However, the Assam NRC of 1951 was updated to detect illegal immigrants and the entire process, carried out between 2014 and 2019, was monitored by the Supreme Court. The final NRC list, published in August 2019, found that 1.9 million of the 33 million applicants in the state were not eligible for Indian citizenship.
Having said that, it is also important to note that after the report was submitted in December 2022, the Comptroller and Auditor General (CAG) of India detected large-scale anomalies in the process of updating the National Register of Citizens (NRC) for Assam. The CAG report practically sounded the death knell for the NRC exercise as it officially declares that “the intended objective of preparing a valid, error-free NRC has not been met”. -
Question 3 of 5
3. Question
3. Consider the following organizations:
1. NITI Aayog
2. Zonal Council
3. Inter-State Council
How many of the above are Constitutional bodies meant for securing the cooperation between the States in India?Correct
Answer: A
Explanations:
NITI Aayog: NITI Aayog has the twin mandate to oversee the adoption and monitoring of the SDGs in the country and promote competitive and cooperative federalism among States and UTs.
The task at hand for NITI Aayog is not just to periodically collect data on SDGs but to proactively realise the goals and targets. The Ministry of Statistics and Programme Implementation (MoSPI) has already undertaken a parallel exercise of interaction with the Ministries to evolve indicators reflecting the SDG goals and targets.
Key Objectives:
● 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 benefitting adequately from economic progress.
● 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.
Zonal Councils: Zonal Councils were formed in 1957 to promote regional cooperation among states within five designated zones. They serve as platforms for exchanging information, sharing experiences, and coordinating efforts on issues of regional significance, such as infrastructure development, water resource management, and disaster management.
The creation and functioning of Zonal Councils are not directly mandated by the Constitution of India. They were established by the States Reorganization Act, 1956, an Act of Parliament, rather than the Constitution itself.
Zonal Councils are intended to:
1. Foster cooperation and coordination among states within a particular zone.
2. Discuss and make recommendations on matters of common concern to the states in the zone.
3. Promote uniformity of legislation and policy among states within the zone.
4. Provide a forum for exchanging information and sharing experiences among states in the zone.
Inter-State Council (ISC): Inter-State Councils are created to promote the cooperative federalism in the country. It acts as a mechanism for negotiation, mediation, and conciliation, aiming to amicably settle inter-state conflicts and promote harmonious coexistence.
The establishment of ISC is consistent with the principles of federalism and cooperation enshrined in the Constitution. The Constitution provides a framework for inter-state relations, including the establishment of mechanisms for resolving inter-state disputes and promoting cooperation on matters of common interest.
Article 263 of the Indian Constitution empowers the President to establish an Inter-State Council (ISC) if they deem it necessary for the public interest. The article states that the ISC’s duties and organization will be defined by the President’s order.
Article 263 provides a constitutional basis for the establishment of the ISC, although it doesn’t explicitly mandate its creation. This flexibility allows the government to establish the ISC when it considers it necessary for promoting inter-state cooperation and addressing common issues.
The ISC serves an advisory body that aims to foster cooperation and coordination between the states of India. It provides a platform for dialogue, consensus-building, and joint decision-making on matters of common interest to the states.Incorrect
Answer: A
Explanations:
NITI Aayog: NITI Aayog has the twin mandate to oversee the adoption and monitoring of the SDGs in the country and promote competitive and cooperative federalism among States and UTs.
The task at hand for NITI Aayog is not just to periodically collect data on SDGs but to proactively realise the goals and targets. The Ministry of Statistics and Programme Implementation (MoSPI) has already undertaken a parallel exercise of interaction with the Ministries to evolve indicators reflecting the SDG goals and targets.
Key Objectives:
● 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 benefitting adequately from economic progress.
● 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.
Zonal Councils: Zonal Councils were formed in 1957 to promote regional cooperation among states within five designated zones. They serve as platforms for exchanging information, sharing experiences, and coordinating efforts on issues of regional significance, such as infrastructure development, water resource management, and disaster management.
The creation and functioning of Zonal Councils are not directly mandated by the Constitution of India. They were established by the States Reorganization Act, 1956, an Act of Parliament, rather than the Constitution itself.
Zonal Councils are intended to:
1. Foster cooperation and coordination among states within a particular zone.
2. Discuss and make recommendations on matters of common concern to the states in the zone.
3. Promote uniformity of legislation and policy among states within the zone.
4. Provide a forum for exchanging information and sharing experiences among states in the zone.
Inter-State Council (ISC): Inter-State Councils are created to promote the cooperative federalism in the country. It acts as a mechanism for negotiation, mediation, and conciliation, aiming to amicably settle inter-state conflicts and promote harmonious coexistence.
The establishment of ISC is consistent with the principles of federalism and cooperation enshrined in the Constitution. The Constitution provides a framework for inter-state relations, including the establishment of mechanisms for resolving inter-state disputes and promoting cooperation on matters of common interest.
Article 263 of the Indian Constitution empowers the President to establish an Inter-State Council (ISC) if they deem it necessary for the public interest. The article states that the ISC’s duties and organization will be defined by the President’s order.
Article 263 provides a constitutional basis for the establishment of the ISC, although it doesn’t explicitly mandate its creation. This flexibility allows the government to establish the ISC when it considers it necessary for promoting inter-state cooperation and addressing common issues.
The ISC serves an advisory body that aims to foster cooperation and coordination between the states of India. It provides a platform for dialogue, consensus-building, and joint decision-making on matters of common interest to the states. -
Question 4 of 5
4. Question
4. Consider the following statements regarding the relationship between the Parliament and the President of India:
1. The President can use Suspensive veto on ordinary bills passed by the Parliament but is obligatory to give assent when the Bill is passed again by the Parliament.
2. The President can appoint the Prime Minister and other ministers, but they are collectively responsible to the Parliament.
3. The power of the President to dissolve the Parliament is a crucial aspect of the Indian Constitution’s system of checks and balances.
How many of the statements given above are correct?Correct
Answer: A
Explanation:
• Statement 1 is correct: The President has the power to return a bill passed by Parliament for reconsideration of the Parliament (Suspensive Veto). If Parliament passes the bill again with or without the amendments and again presented to the President, it is obligatory for the President to give assent to the Bill. This means that the Suspensive veto of the President is overridden by the re-passage of the Bill.
• Statement 2 is incorrect: The President appoints the Prime Minister as the leader of the majority party in Parliament. The Prime Minister and other ministers are collectively responsible to the Lok Sabha (Article 75 of the Constitution of India).
• Statement 3 is incorrect: While the President does have the power to dissolve the Lok Sabha (the lower house of Parliament), this power is not without limitations. The President can only dissolve the Lok Sabha on the advice of the Prime Minister, who is the leader of the majority party in Parliament. The President cannot dissolve the Rajya Sabha (the upper house of Parliament) at all.Incorrect
Answer: A
Explanation:
• Statement 1 is correct: The President has the power to return a bill passed by Parliament for reconsideration of the Parliament (Suspensive Veto). If Parliament passes the bill again with or without the amendments and again presented to the President, it is obligatory for the President to give assent to the Bill. This means that the Suspensive veto of the President is overridden by the re-passage of the Bill.
• Statement 2 is incorrect: The President appoints the Prime Minister as the leader of the majority party in Parliament. The Prime Minister and other ministers are collectively responsible to the Lok Sabha (Article 75 of the Constitution of India).
• Statement 3 is incorrect: While the President does have the power to dissolve the Lok Sabha (the lower house of Parliament), this power is not without limitations. The President can only dissolve the Lok Sabha on the advice of the Prime Minister, who is the leader of the majority party in Parliament. The President cannot dissolve the Rajya Sabha (the upper house of Parliament) at all. -
Question 5 of 5
5. Question
5. Consider the following statements regarding the Preamble of the Constitution of India:
1. The Preamble serves as a guiding light for the interpretation of other constitutional provisions.
2. The Preamble can be invoked to challenge laws or actions of the government that violate its fundamental principles.
3. The Preamble embodies the essence of fundamental rights and freedoms guaranteed to Indian citizens.
How many of the above given statements are correct?Correct
Answer: B
Explanation:
Statement 1 is correct: While not directly enforceable in courts, the Preamble’s principles provide a framework for interpreting the Constitution’s other provisions. When there is ambiguity or uncertainty in the interpretation of a particular provision, courts consider the Preamble’s overarching principles to determine the intended meaning and application of that provision.
Statement 2 is incorrect: The Preamble to the Constitution of India, though not directly enforceable in courts, plays a crucial role in shaping the interpretation of other constitutional provisions and influencing the government’s actions. While it doesn’t directly provide specific legal remedies, its principles serve as a guiding light for the judiciary and the government, ensuring that their decisions and actions align with the fundamental values enshrined in the Constitution.
Though the Preamble holds immense moral and constitutional authority, it is not considered a legally enforceable part of the Constitution in the same way as the justiciable provisions. Its principles guide the interpretation of other constitutional provisions, but they cannot be directly invoked to challenge laws or actions of the government.
Statement 3 is correct: While the Preamble to the Constitution of India does not explicitly enumerate the specific fundamental rights, it embodies the essence of these rights and serves as a foundation for their legal protection. The Preamble’s commitment to democracy, socialism, secularism, and justice forms the bedrock of India’s legal framework, ensuring that fundamental rights are enshrined and protected.
The Preamble’s Role in Establishing Fundamental Rights
• Commitment to Democracy: The Preamble’s declaration of India as a “democratic republic” establishes the fundamental right of citizens to participate in the political process, including the right to vote, hold office, and express dissent.
• Socialism and Economic Rights: The Preamble’s emphasis on “socialism” underscores the importance of social justice and economic equality. This translates into fundamental rights such as the right to work, education, and healthcare.
• Secularism and Freedom of Religion: The Preamble’s affirmation of India as a “secular state” guarantees freedom of religion for all citizens. This fundamental right allows individuals to practice their faith without fear of discrimination or coercion.
• Justice and Equality: The Preamble’s aspiration to secure “justice, social, economic and political; liberty of thought, expression, belief, faith and worship” enshrines the fundamental rights to equality, liberty, and justice. These rights protect individuals from discrimination, arbitrary detention, and unfair treatment.
Indirect Influence of the Preamble to the Constitution of India on Legal Protection of Fundamental Rights:
While the Preamble does not directly provide specific legal remedies for the violation of fundamental rights, its principles serve as a guiding framework for the judiciary. When interpreting and applying constitutional provisions related to fundamental rights, courts consider the Preamble’s overarching principles to ensure that the rights are upheld and protected.Incorrect
Answer: B
Explanation:
Statement 1 is correct: While not directly enforceable in courts, the Preamble’s principles provide a framework for interpreting the Constitution’s other provisions. When there is ambiguity or uncertainty in the interpretation of a particular provision, courts consider the Preamble’s overarching principles to determine the intended meaning and application of that provision.
Statement 2 is incorrect: The Preamble to the Constitution of India, though not directly enforceable in courts, plays a crucial role in shaping the interpretation of other constitutional provisions and influencing the government’s actions. While it doesn’t directly provide specific legal remedies, its principles serve as a guiding light for the judiciary and the government, ensuring that their decisions and actions align with the fundamental values enshrined in the Constitution.
Though the Preamble holds immense moral and constitutional authority, it is not considered a legally enforceable part of the Constitution in the same way as the justiciable provisions. Its principles guide the interpretation of other constitutional provisions, but they cannot be directly invoked to challenge laws or actions of the government.
Statement 3 is correct: While the Preamble to the Constitution of India does not explicitly enumerate the specific fundamental rights, it embodies the essence of these rights and serves as a foundation for their legal protection. The Preamble’s commitment to democracy, socialism, secularism, and justice forms the bedrock of India’s legal framework, ensuring that fundamental rights are enshrined and protected.
The Preamble’s Role in Establishing Fundamental Rights
• Commitment to Democracy: The Preamble’s declaration of India as a “democratic republic” establishes the fundamental right of citizens to participate in the political process, including the right to vote, hold office, and express dissent.
• Socialism and Economic Rights: The Preamble’s emphasis on “socialism” underscores the importance of social justice and economic equality. This translates into fundamental rights such as the right to work, education, and healthcare.
• Secularism and Freedom of Religion: The Preamble’s affirmation of India as a “secular state” guarantees freedom of religion for all citizens. This fundamental right allows individuals to practice their faith without fear of discrimination or coercion.
• Justice and Equality: The Preamble’s aspiration to secure “justice, social, economic and political; liberty of thought, expression, belief, faith and worship” enshrines the fundamental rights to equality, liberty, and justice. These rights protect individuals from discrimination, arbitrary detention, and unfair treatment.
Indirect Influence of the Preamble to the Constitution of India on Legal Protection of Fundamental Rights:
While the Preamble does not directly provide specific legal remedies for the violation of fundamental rights, its principles serve as a guiding framework for the judiciary. When interpreting and applying constitutional provisions related to fundamental rights, courts consider the Preamble’s overarching principles to ensure that the rights are upheld and protected.