Day-754 | Daily MCQs | UPSC Prelims | POLITY

Answer: A
Explanation:
Statement 1 is correct: In a republic the political sovereignty vests in the hands of the people and not with any single individual. People elect/choose their representatives who are then responsible to make decisions. It also means that the Head of the state is also elected and not a Monarch or Dictator.
Statement 2 is incorrect: Prime Minister though directly elected in India is not the Head of the state. The Prime Minister is the Head of the Government and not the Head of the State.
Statement 3 is incorrect: In a republic, the head of the state is always elected – directly or indirectly – for a fixed period. The elected head of India is the President (indirectly elected) for a fixed period of five years and not the Prime Minister.

Answer: C
Explanation:
Statement 1 is correct: The Directive Principles of the State Policy (DPSP) resemble the Instrument of Instructions enumerated in the Government of India Act 1935.
The framers of the Constitution borrowed the idea of DPSP from the Irish Constitution as the novel features and instructions for the legislature and the executive in the country.
Statement 2 is correct:DPSP aims at realizing high ideals as enshrined in the Preamble to the Constitution of India such as liberty, equality, fraternity and Justice. They seek to establish economic and social democracy and embody the concept of a welfare state.
Statement 3 is incorrect: Fundamental rights are negative in nature and put limitations on the state as they prohibit the State from doing certain things. The Directive Principles of State Policy are positive in nature as they require the State to do certain things. They are not the limitations per se but rather the directions/instructions for the state which the state should keep in mind while formulating policies and enacting laws.
Statement 4 is correct: Irrespective of the political ideology of the party in power, DPSP serves as the common political manifesto for all of them. The DPSP are intended to be the guide, philosopher and friend in the process of formulating new policies and enacting new laws.

Answer: D
Explanation:
Statement 1 is incorrect: Parliament and state legislature whether sharing or not sharing a land boundary with neighboring countries can concurrently make a law of preventive detention for reasons connected with the security of the state, maintenance of public order, and maintenance of supplies and services essential to the community.
Statement 2 is incorrect: Parliament has exclusive authority to make a law of preventive detention for reasons connected with the defense, foreign affairs, and security of India.

Answer: A
Explanation:
Statement 1 is incorrect: Both elected and nominated members of parliament are empowered to consider and take final decisions on the question of amendments. The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
Statement 2 is incorrect: Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. It states that the Parliament may amend a provision of the Constitution in accordance with the procedure laid down for the purpose. However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case (1973).
Statement 3 is correct: The judiciary has the power to interpret the acts and rules. Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. This power has been conferred on the Supreme Court (Article 32) and the High Courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.

Answer: B
Explanation:
Statement 1 is incorrect: The concept of ‘equality before the law’ connotes the absence of any special privileges in favor of any person. The term also means equal subjection of all persons to the ordinary law of the land administered by ordinary law courts, and no person (whether rich or poor, high or low, official or non-official) is above the law.
Statement 2 is correct: The concept of ‘equal protection of law’ connotes the equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws. This also means the similar application of the same laws to all persons who are similarly situated.
Statement 3 is correct: The term ‘equal protection of law’ also means that the like should be treated alike without any discrimination. Thus, ‘equality before law’ is a negative concept while ‘equal protection of law’ is a positive concept. However, both of them aim at establishing equality of legal status, opportunity and justice. Article 14 says that the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India.

Answer: A
Explanation:
Statement 1 is correct: The intention behind providing special provisions for some states is to meet the aspirations of the people of those particular states, protect their cultural and economic interests and also to deal with the disturbed law and order condition.
Statement 2 is incorrect: Since Part XXI provides for the temporary, transitional and special provisions, not all provisions came into being at the commencement of the Constitution. Special provisions were also added as and when new states were formed.
Statement 3 is incorrect: Special provisions are provided not only for the North-eastern states but for some other states also. For instance, Andhra Pradesh, Telangana, Goa and Karnataka.

Answer: B
Explanation:
Options 1 and 3 are correct: Both, the Parliament and state legislature can make laws with respect to any of the matters enumerated in the Concurrent List. This list has at present 52 subjects (originally 47 subjects) like criminal law and procedure, civil procedure, marriage and divorce, population control and family planning, electricity, labor welfare, economic and social planning, drugs, newspapers, books and printing press, and others.
The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List, that is, (a) education, (b) forests, (c)weights and measures, (d) protection of wild animals and birds, and (e) administration of justice; constitution and organization of all courts except the Supreme Court and the high courts.
Options 2 and 4 are incorrect: Agriculture and Public health and sanitation are still under the State List.

Answer: B
Explanation:
Statement 1 is correct: The demand for adult suffrage gained momentum in India decades before independence. The Motilal Nehru report of 1928, supported the concept of adult franchise and equal rights for women was among the first to demand adult suffrage. The resolution of the 1931 Karachi Session affirmed that the universal adult franchise was an important part of attaining total freedom or ‘Purna Swaraj’.
Statement 2 is incorrect: The provision of Uniform Adult Franchise came into force at the time of commencement of the Constitution on 26th January 1950; though at that time the age was 21 years. 61st Constitution Amendment Act of 1988 reduced this age to 18 years.
Statement 3 is correct: According to Article 326 of the Constitution of India, 1950, the elections to the House of the people and to the Legislative Assembly of every state shall be on the basis of adult suffrage; that is, every person who is a citizen of India not less than 18 years of age and not otherwise disqualified, have the right to vote.

Answer: B
Explanation:
Statement 1 is incorrect: Under Article 164 of the Constitution of India, a person who is not a member of either House of the state legislature can also be appointed as a minister. But, within six months, he/she must become a member (either by election or by nomination) of either House of the state legislature; otherwise, he/she ceases to be a minister.
Statement 2 is correct: Under Article 177 of the Constitution of India, a minister of the state who is a member of one House of the state legislature has the right to speak and to take part in the proceedings of the other House. But, he/she can vote only in the House of which he/she is a member.
Statement 3 is correct: The chief minister is appointed by the governor. The governor can appoint only those persons as ministers who are recommended by the chief minister.

Answer: B
Explanation:
Statement 1 is incorrect: The Governor cannot grant pardon to any person convicted of any offence against any central law. Only the President has that power. However, the Governor can grant pardon to any person convicted of any offence against any state law.
Statement 2 is correct: The President can pardon, reprieve, respite, remit, suspend, or commute a death sentence. The President is the only authority to pardon a death sentence. The Governor cannot pardon a death sentence. Even if a state law prescribes for a death sentence, the power to grant a pardon lies with the President and not the governor. But the governor can suspend, remit or commute a death sentence.
Statement 3 is correct: The President can grant pardon, reprieve, respite, suspension, remission, or commutation in respect to punishment or sentence by a court-martial (military court). The Governor does not possess any such power.

Answer: A
Explanation:
Statement 1 is incorrect: The term of the Chief Minister is not fixed by the Constitution, and he/she holds office during the pleasure of the governor. The Chief Minister stays in office as long as he/she enjoys the majority support in the legislative assembly.
Statement 2 is incorrect: Forms of oath of office and secrecy for the Ministers of the Union and Ministers of the State are mentioned in Schedule 3 of the constitution. Schedule 4 deals with the allocation of seats in the Rajya Sabha to the states and the Union Territories.
Statement 3 is correct: The salary and allowances of the chief minister are determined by the state legislature. In addition, the chief minister also gets a sumptuary allowance, free accommodation, travelling allowance, medical facilities, etc.
Source: Introduction to the Constitution of India (DD Basu)

Answer: A
Explanation:
The Governor can reserve the bill for the consideration of the President. But in one case reservation is obligatory, that is where the bill passed by the state legislature endangers the position of the state High Court. However, in the following cases, the Governor is not obliged but can reserve the bill if it is of the following nature.
● Ultra-vires, that is against the provisions of the Constitution.
● Opposed to the Directive Principles of the State Policy.
● Against the larger interests of the country.
● Of grave national importance.
● Dealing with the compulsory acquisition of property under Article 31 A of the Constitution

Answer: C
Explanation:
Statements 1 and 2 are correct: In case of a money bill, a prior recommendation of the President is needed. Any bill concerning only provisions included in Article 110 of the Constitution is known as the Money bill. According to Article 110 of the Constitution, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely
a) the imposition, abolition, remission, alteration or regulation of any tax;
b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such Fund;
d) the appropriation of moneys out of the Consolidated Fund of India;
e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or
g) any matter incidental to any of the matters specified in sub clause (a) to (f)
Statement 3 is incorrect: President’s prior recommendation is not needed for a proposal aimed at the removal of a Supreme Court judge.
Statement 4 is correct: Prior recommendation of the President is needed for alteration of the boundaries of states or creation of new states.

Answer: D
Explanation:
Thus, the Prime Minister of India, at the time of his/her appointment need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the Houses within six months. Also, in 1997, the Supreme Court held that a person who is not a member of either House of Parliament can be appointed as Prime Minister for six months, within which, he should become a member of either House of Parliament; otherwise, he ceases to be the Prime Minister. In India, the Prime Minister may be a member of any of the two Houses of Parliament.

Answer: B
Statement 1 is correct: Like any other part of the Constitution, Preamble was also enacted by the Constituent Assembly; but after the rest of the Constitution was already enacted.
Statement 2 is incorrect: The Preamble is neither the source of power to the legislature nor a prohibition upon the powers of the legislature. It reflects the dreams and aspirations of the founding fathers of the Constitution.
Statement 3 is correct: In A.K. Gopalan vs State of Madras (1950) the Supreme Court ruled that Preamble is not enforceable in a court of law.
In Berubari Vs Union (1960) the Supreme Court ruled that Preamble is not a part of the Indian Constitution however, it helps in the interpretation of the clauses of the Constitution.
In Kesavananda Bharti vs State of Kerala (1973) the Supreme Court ruled that the Preamble is a part of the Indian Constitution.
The combined effect of the 3 judgments has been that even though the Preamble is a part of the Constitution, it is not enforceable in a court of law. However, the Preamble helps in ascertaining the vision of the Constitution and hence, independently, it is non-justiciable.

Answer: A
Explanation:
The effective Majority of the house means more than 50% of the effective strength of the house. It means that out of the total strength when the vacant seats are deducted, we get the effective strength of the House. The term “all the then members,” in our Constitution refers to the effective majority.

Answer: A
Explanation:
Statement 1 is incorrect: By the 1stConstitutional Amendment of 1951, the Parliament added Article 31A to the Indian Constitution. According to this, the government can acquire the property of the people and by doing so, the fundamental rights mentioned in Articles 14 and 19 of the Indian Constitution shall not be violated.
Statement 2 is incorrect: Article 31B says that none of the acts placed in the 9th Schedule shall become void on the ground that they violate rights under Part III and no judicial review is possible. The acts placed in the schedule would also have a retrospective effect.This provision was also inserted by the 1stConstitutional Amendment of 1951.
Statement 3 is correct:According to Article 31C, a law that seeks to implement any or all of the directive principles of Part IV shall not be deemed invalid just because it violates a citizen’s fundamental rights under Article 14 (equality before the law) or Article 19.This provision was inserted by the 25th Constitutional Amendment of 1971.
Additional Information: 25th Constitutional Amendment Act, 1971
The Supreme Court’s ruling in the case, R.C. Cooper v. Union of India (1970), struck down the legislation i.e., Banking Companies (Acquisition and Transfer of Property) Act, 1969 because it violated the Indian Constitution. Thus, it triggered Parliament to pass the 25th Constitutional Amendment to overturn the Supreme Court’s decision.
The purpose of the 25th Constitutional Amendment was to strip the Supreme Court of the power to determine the quantum of compensation for the takeover of property for public use. It amended the word ‘compensation’ to the word ‘amount’ for property acquired or requisitioned for public purposes by the Government of India.
The Act also amended Article 31 of the Constitution and introduced Article 31C, effectively deterring citizens from challenging laws relating to the acquisition of property under Article 14, Article 19 or Article 31.

Answer: B
Explanation:
Statement 1 is incorrect: The money Bill cannot be introduced in the legislative council. It can be introduced in the legislative assembly only and that too on the recommendation of the governor.
Statement 2 is correct: When a Money Bill is presented to the governor, he may either give his assent, withhold his assent or reserve the bill for presidential assent.
Statement 3 is incorrect: The legislative council has restricted powers with regard to a Money Bill. It cannot reject or amend a Money Bill. It can only make recommendations and must return the bill to the legislative assembly within 14 days. The legislative assembly can either accept or reject all or any of the recommendations of the legislative council.
Statement 4 is correct: When a money bill is reserved for consideration of the President, the president may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration of the state legislature. When a Money Bill is presented to the governor, he may either give his assent, withhold his assent or reserve the bill for presidential assent but cannot return the bill for reconsideration of the state legislature.

Answer: B
Explanation:
Statement 1 is incorrect: Total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003.
Statement 2 is correct: In India, there is no provision in the Constitution for the system of legal responsibility of a minister. It is not required that an order of the President for a public act should be countersigned by a minister (as done in the UK).
Statement 3 is correct: The principle of individual responsibility to the Head of the State is mentioned in Article 75(2). And that the Ministers shall hold the office during the pleasure of the President. Though the Ministers are collectively responsible to the legislature, they shall be individually responsible to the Executive Head and are liable to be dismissed even if they may have the confidence of the legislature. But since the President has to act on the aid and advice of the Council of Ministers it is understood otherwise.

Answer: B
Explanation:
Statement 1 is correct: 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as the governor of two or more states at the same time.
Statement 2 is incorrect: As per Article 155 and Article 156 of the Constitution, a Governor of a state is an appointee of the President, and he or she holds office “during the pleasure of the President”. If a Governor continues to enjoy the “pleasure of the President”, he or she can be in office for a term of five years.
As the President is bound to act on the aid and advice of the Council of Ministers under Article 74 of the Constitution, in effect it is the central government that appoints and removes the Governors. “Pleasure of the President” merely refers to this will and wish of the central government.
Statement 3 is correct: There is no bar to a person being appointed as Governor more than once.