Day-705 | Daily MCQs | UPSC Prelims | POLITY

Answer: D
Explanation:
Statement 1 is correct: Without the consent of a state, the Central Bureau of Investigation (CBI) cannot operate within that state’s borders. This is foundational to the federal structure of India, respecting the autonomy of state jurisdictions.
Statement 2 is correct: The consent provision is based on Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, not the Delhi Police Special Establishment Act. The DSPE Act empowers the CBI to investigate certain categories of offenses in the states only with the consent of the concerned state government.
Statement 3 is correct: The consent clause does not apply when the Supreme Court or a High Court orders the CBI to investigate a case within a state. In such scenarios, the CBI can carry out investigations irrespective of the state government’s consent.
Statement 4 is incorrect: The withdrawal of general consent by a state does not automatically cancel any case-specific consent that has been previously granted for particular investigations. While several states have withdrawn general consent, they might still grant case-specific consent for investigations they deem appropriate. There’s no automatic cancellation of past permissions.

Answer: B
Explanation:
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 says that the CEC and other ECs will hold office for a term of six years or until they reach the age of 65 years, whichever is earlier. If an EC is appointed as the CEC, his total term cannot exceed six years. Further, under the new provisions, the CEC and other ECs will not be eligible for re-appointment. However, this is not a constitutional provision.
The CAG Act (The Comptroller and Auditor General’s (Duties, Powers and Conditions of Service) Act, 1971) clearly states that after retirement or resignation, the CAG cannot hold any office under the Government of India or any state government.
Article 319 of the Indian Constitution specifically restricts the Chairman of UPSC from further government employment after retirement. Other members can be appointed to Chairman positions within UPSC or other State Public Service Commissions.
The Indian Constitution doesn’t explicitly bar members of the Finance Commission from further appointments after their tenure ends. However, as the President of India determines the tenure of the members, the President can choose to re-appoint members for the next Finance Commission if deemed necessary.

Answer: C
Explanation:
Statement A is correct: According to Article 76 of the Indian Constitution, the Attorney General must be qualified to be appointed as a Judge of the Supreme Court, which means he must have been a judge of a high court for at least five years or an advocate of a high court for ten years or an eminent jurist, in the opinion of the President.
Statement B is correct: The Attorney General is not employed full-time by the Government of India. He can practice privately, provided he does not advise or hold a brief against the Government.
Statement C is incorrect: The Attorney General is not considered a government servant. He is an independent contractor and not entitled to the benefits and rights that accrue to a government employee.
Statement D is correct: The Attorney General, as the chief legal advisor to the Government of India, can attend Cabinet meetings if required, but he is not a member of the Cabinet. This allows him to provide legal advice directly to the highest decision-making body in the executive branch, although he does not have a vote.

Answer: D
Explanation:
Statement 1 is correct: Article 3 of the Constitution mandates that no Bill for the formation of new States and alteration of areas, boundaries, or names of existing States shall be introduced in either House of Parliament except on the recommendation of the President.
Statement 2 is correct: Article 117 specifies that a Bill that would authorize expenditure from the Consolidated Fund of India requires the President’s recommendation for introduction.
Statement 3 is correct: For any bill that involves matters of taxation where the states have a vested interest, especially those affecting the division of taxation powers between the Union and the States, the President’s prior sanction is necessary.
Statement 4 is correct: Under Article 304, any Bill or amendment that seeks to impose restrictions on trade, commerce, or intercourse among states must not only be sanctioned by the President but also requires that such restrictions are reasonable and in the public interest. These provisions are designed to ensure that significant legislative measures, particularly those impacting federal structure, fiscal arrangements, and inter-state relations, receive considered executive scrutiny before being debated in Parliament.

Answer: A
Explanation:
Statement-I is correct: The Legislative Council at the state level, akin to the Rajya Sabha at the central level, does not possess the power to cause a deadlock on bills. If there is a disagreement on a non-money bill, the Legislative Council can only delay the bill. Unlike the Parliament, where a joint session can be called to resolve deadlocks between the Lok Sabha and the Rajya Sabha, no such provision exists for joint sessions at the state level between the Legislative Assembly and the Legislative Council. This means the Legislative Assembly can eventually override the Legislative Council’s recommendations or objections by passing the bill again after the stipulated period.
Statement-II is correct: The Council of States (Rajya Sabha) has a significant federal role as it represents the states of India at the national level, providing them a voice in the legislative process at the central government. This design helps maintain a balance between the Union and state governments, especially in legislative matters that may affect the states. On the other hand, the Legislative Council (Vidhan Parishad) does not play a federal role as it is confined to its respective state. It was designed more as a revising chamber, akin to the House of Lords in the UK, intended to host experienced individuals who could scrutinize legislation more meticulously, without necessarily having federal implications.
Both statements correctly outline the structural and functional differences between the Council of States and the Legislative Council, emphasizing the unique roles they play within India’s democratic structure. Hence, Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I