Day-760 | Daily MCQs | UPSC Prelims | POLITY

Answer: A
Explanation:
Option 1 is correct: Third Schedule of the Constitution of India contains the oath and affirmation for the judge of a High Court to bear true faith and allegiance to the Constitution of India as by law established, and to uphold the sovereignty and integrity of India. The judge also takes an oath to perform the duties of the office without fear or favour, affection or ill-will and to uphold the Constitution and the laws.
Option 2 is incorrect: Schedule three of the Constitution of India does not contain any Oath of office for the Chairman of the Rajya Sabha. Moreover, as the Vice-President is the ex-officio Chairman of the Rajya Sabha he takes oath as prescribed under Article 69 of the Constitution of India.
Option 3 is incorrect: There is NO separate oath for the Office of Speaker. The Speaker takes Oath of the office and of secrecy as any other member of the House.

Answer: A
Explanation:
Statement 1 is incorrect: As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem. Usually, the senior most member is selected. The President himself administers the oath to the Speaker Pro Tem.
Statement 2 is correct: The Speaker Pro Tem has all the powers of the Speaker. She/he presides over the first sitting of the newly-elected Lok Sabha. His/her main duty is to administer oaths to the new members of Lok Sabha. He also enables the House to elect the new Speaker.
Statement 3 is incorrect: The date of election of the speaker is determined by the President of India and not the Speaker Pro Tem.

Answer: A
Explanation:
Statement 1 is incorrect: Adjournment sine die means terminating a sitting of Parliament for an indefinite period. In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die. The power of adjournment as well as adjournment sine die lies with the presiding officer of the House.
Statement 2 is incorrect: The presiding officer (Speaker or Chairman) declares the House adjourned sine die, when the business of a session is completed and then the President issues a notification for prorogation of the session. Prorogation not only terminates a sitting but also a session of the House. The President can also prorogue the House while in session.
Statement 3 is correct: Under Article 107 (3) of the Constitution, a bill pending in Parliament shall not lapse by reason of the prorogation of the Houses. Under Rule 336 of the Lok Sabha, a motion, resolution or an amendment, which has been moved and is pending in the House, shall not lapse by reason only of the prorogation of the House.

Answer: A
Explanation:
Statement 1 is incorrect: The Contingency Fund of India is established under Article 267(1) of the Indian Constitution. It is in the nature of an imprest (money maintained for a specific purpose). Accordingly, Parliament enacted the Contingency Fund of India Act 1950.
Statement 2 is incorrect: The fund is held by the Secretary, Ministry of Finance on behalf of the president.
Statement 3 is correct: The money spent from the Contingency Fund is again re-appropriated from the Consolidated Fund, which needs parliamentary approval. The Contingency Fund of India exists for disasters and related unforeseen expenditures. In 2005, it was raised from Rs. 50 crores to Rs 500 crore.
The Government of India enhanced the Contingency Fund of India from Rs 500 crore to Rs 30,000 crore through the Finance Bill in the Budget 2021-22.

Answer: B
Explanation:
Statement 1 is correct: The standing committees are permanent in nature and work continuously. On the basis of the nature of their functions, standing committees are classified into 6 categories:
● Financial committees.
● Departmental standing committee.
● Committees to inquire.
● Committees to scrutinize and control.
● Committees relating to the day-to-day business of the house.
● Housekeeping committees or Service committees.
Statement 2 is incorrect: The parliamentary committees submit their report to the House or to the Speaker / Chairman and not to the President.
Statement 3 is correct: The parliamentary committees are created by the respective houses of the Parliament itself and hence they work under the direction of the Speaker/ Chairman

Answer: A
Explanation:
Statement 1 is correct: Consultative Committees consisting of members of the Parliament are not parliamentary committees, as they do not fulfil the four conditions for being parliamentary committees. They are informal in nature and provide a platform for informal discussions. The four conditions for being a parliamentary committee are:
● Appointed or elected by the House or nominated by the Speaker/Chairman.
● Works under the direction of the Speaker/Chairman.
● Presents its report to the House or to the Speaker/Chairman.
● Has a secretariat provided by the Lok Sabha/Rajya Sabha.
Statement 2 is incorrect: Consultative committees are formed by the Ministry of Parliamentary Affairs and are NOT permanent in nature; they are dissolved upon the dissolution of every Lok Sabha and shall be reconstituted upon the Constitution of each Lok Sabha.
Statement 3 is incorrect: These consist of members of both Houses of Parliament. However, the membership of these committees is voluntary and is left to the choice of the members and the leaders of their parties. The maximum membership of a committee is 30 and the minimum is 10.

Answer: B
Explanation:
Statement 1 is correct: A minister cannot be elected as a member of the committee.
Statement 2 is incorrect: Members of the Public Accounts Committee are elected by members of Parliament every year, from amongst its members according to the principle of proportional representation by means of a single transferable vote and all parties get due representation in it.
Statement 3 is correct: The function of the Public Accounts Committee is to examine the annual audit reports of the CAG. The CAG Submits the audit reports to the President and the President lays these reports before both the Houses of Parliament.
Statement 4 is incorrect: Parliamentary Accounts Committee in India is not able to enforce the accountability of the government to the people in a true sense because even if it brings out the irregularities in the public expenditure there are no mechanisms to enforce the corrective measures. It examines the expenditure which has already been done by the government. Its recommendations are only advisory in nature and are not binding on the ministry of the day.

Answer: A
Explanation:
Statement 1 is correct: The function of the Business Advisory Committee is to recommend the time that should be allotted for the discussion of the government’s legislative and other business as the Speaker/Chairman, in consultation with the Leader of the House, may direct it to be referred to the Committee.
Statement 2 is incorrect: The Business Advisory Committee is NOT a joint committee of both Houses. Both Houses have their Business Advisory Committee.
Statement 3 is incorrect: The Lok Sabha Committee consists of 15 members including the Speaker as its chairman and Rajya Sabha Committee consists of 11 members including the chairman as its ex-officio chairman.

Answer: B
Explanation:
Statement 1 is correct: The presence of both the nominal and real executive is a feature of parliamentary government in India.
Statement 2 is incorrect: Equality of opportunity in matters of public employment reveals the Secular character of the Indian state.
Statement 3 is correct: Collective responsibility of the executive to the legislature is also a feature of parliamentary government in India.

Answer: C
Explanation:
Statement I is correct: The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides:
● religious or social practices of the Nagas;
● Naga customary law and procedure;
● administration of civil and criminal justice involving decisions according to Naga customary law; and
● ownership and transfer of land and its resources.
Statement II is incorrect: Article 371-A makes the following special provisions for Nagaland:
The Governor of Nagaland shall have special responsibility for law and order in the state so long as internal disturbances caused by the hostile Nagas continue. In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgment and his decision is final. This special responsibility of the Governor shall cease when the President directs.

Answer: B
Explanation:
Refer to the correct matches given below:
Features of the Indian Constitution – Sources
1. Independence of Judiciary – US Constitution
2. Vesting of residuary powers with the Centre – Canadian constitution
3. Joint sitting of the two Houses – Australian constitution
4. Election of members of Rajya Sabha – South African constitution

MAJOR SOURCES OF INDIAN CONSTITUTION
Government of India Act 1935
● Federal Scheme
● Emergency Provisions
● Public Service Commissions
● Office of Governor
● Judiciary
● Administrative Details
British constitution
● Parliamentary form of government
● The idea of single citizenship
● The idea of the Rule of law
● Writs
● Institution of Speaker and his role
● Lawmaking procedure
● Procedure established by Law
Constitution of the United States
● Preamble
● Fundamental Rights
● Federal structure of government
● Electoral College
● Independence of the judiciary and separation of powers among the three branches of the government
● Judicial review
● President as Supreme Commander of Armed Forces
● Equal protection under law
Irish constitution (Ireland)
● Directive Principles of State Policy
● Nomination of members to Rajya Sabha
● Method of Election of President
Canadian constitution
● A quasi-federal form of government — a federal system with a strong central government
● Distribution of powers between the central government and state governments
● Residual powers retained by the central government
Australian constitution
● Freedom of trade and commerce within the country and between the states
● Power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction
● Concurrent List
Constitution of Germany
● Suspension of Fundamental Rights during emergency.
French constitution
● Republic and the ideals of Liberty, Equality and Fraternity in the Preamble
Constitution of South Africa
● Procedure for amendment
● Election of Rajya Sabha members
Constitution of Japan
● Procedure Established by Law

Answer: B
Explanation: The idea of Fundamental Duties is inspired by the Constitution of Russia (erstwhile Soviet Union). These were incorporated in Part IV-A of the Constitution by the 42nd Constitutional Amendment Act, 1976 on the recommendations of the Swaran Singh Committee. Originally 10 in number, one more duty was added through the 86th Constitutional Amendment Act, of 2002. All eleven duties are listed in Article 51-A of the Constitution (the sole Article in Part-IV-A). Like the Directive Principles of State Policy, Fundamental duties are also non-justiciable in nature.

Answer: A
Explanation:
Statement 1 is correct: Article 16 provides for equality of opportunity for all CITIZENS in matters of public employment or appointment to any office under the state.
Statement 2 is incorrect: Article 16(3) permits the Parliament to make a law that requires RESIDENCE within a State for appointment to a public office.

Answer: C
Explanation:
The Parliament under Article 368 can amend any part of the Constitution but without affecting the ‘basic structure’ of the Constitution. All the above given elements form the basic structure as declared by the Supreme Court in the Fundamental Rights Case; popularly known as Kesavananda Bharati Case 1973.

Answer: B
Explanation:
Statement 1 is incorrect: The term ‘Minorities’ is NOT defined in the Constitution, but they have the right under Article 30 to impart education to their children in their own language as interpreted by the Supreme Court.
However, in DAV College VS State of Punjab (1971) the Supreme Court held that though it is a right conferred on the minority communities to impart education in their educational institutions in their regional language, it cannot be absolute. Being an educational institution, it cannot hamper, deny or discriminate against any other community of the country by restricting the educational institutions to any one language.
Statement 2 is correct: Article 30 (2) prohibits the state from discriminating in granting aid to any educational institute managed by a minority.
Statement 3 is correct: Protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of the citizens (as under Article 29).

Answer: C
Explanation:
All of the pairs given above are correctly matched:
1. Habeas Corpus – to enforce the fundamental right of individual liberty against unlawful detention.
2. Mandamus – to order the public official who has failed to perform his duty or refused to do his duty, to resume his work.]
3. Certiorari – issued by a superior court to an inferior court. This can be issued when the superior court wants to decide a matter in the case itself or if there is an excess of jurisdiction by the inferior court. This Writ can also be issued when there is a fundamental error in the procedure followed by the inferior court or if there is a violation of the principles of natural justice.
4. Quo Warranto – The Writ of Quo Warranto is issued by the courts against a private person when he assumes an office on which he has no right.
5. Prohibition – a Superior Court issues to an inferior court or tribunal for stopping them from deciding a case because these courts do not have the jurisdiction.

Answer: C
Explanation:
Statement 1 is correct: The Constitution specifies the basic allocation of power in a society. It decides who gets to decide what the laws will be.
In a monarchical constitution, a monarch decides; in some constitutions like the old Soviet Union, one single party was given the power to decide. But in democratic constitutions, broadly speaking, the people get to decide.
In the Indian Constitution, for example, it is specified that in most instances, Parliament gets to decide laws and policies and that Parliament itself be organized in a particular manner. If Parliament has the authority to enact laws, there must be a law that bestows this authority on Parliament in the first place. This is the function of the Constitution. It is an authority that constitutes a government in the first place.
Statement 2 is correct: The constitution allows coordination among the members of the society. The constitution allows coordination and assurance: It provides a set of basic rules that allow for minimal coordination amongst members of society. For the minimal degree of coordination: Any group will need some basic rules that are publicly promulgated and known to all members.
Statement 3 is correct: The Constitution contains the basic principles and laws of a nation that determine the powers and duties of the government.

Answer: B
Explanation:
Statement 1 is incorrect: Objectives Resolution was introduced by Jawaharlal Nehru in the Constituent Assembly which outlined the goals or objectives of the Constituent Assembly. It also provided the philosophy and guiding principles for the framing of the Constitution. It proclaimed India to be an independent Sovereign Republic. The word “Secular” was not used by Nehru in the Objectives Resolution and was also not part of the Preamble at the time of the commencement of the Constitution of India. The word Secular was added to the Preamble to the Constitution of India by the Constitution (Forty-second Amendment) Act, 1976.
Statement 2 is correct: Objectives Resolution declared the aim of the Constituent Assembly to write a constitution which fosters unity of the nation and ensures its economic and political security wherein all powers and authority of sovereign and independent India and its constitution shall flow from the people. It lays down the fundamentals and philosophy of the Indian Constitution.
Statement 3 is correct: Objectives Resolution lays down the fundamentals and philosophy of the Indian Constitution and also forms the basis of the Preamble to the Indian Constitution. It also declares what kind of polity the Constituent Assembly envisions for India, i.e., Federalism and outlines the specific role of the constitution, i.e., to achieve social, economic and political justice. It provides for Equality and Liberty which inspire the Fundamental Rights in our constitution. It also provides for affirmative action to safeguard the rights of minorities. Hence it can be rightly said that the Objective Resolution provided a guiding light to the constitution makers in the form of the underlying philosophy of the Indian Constitution and formed the basis of the Preamble to the Constitution of India.

Answer: A
Explanation:
Statement 1 is incorrect: An ordinary bill is introduced in either House of Parliament.
Statement 2 is incorrect: Bills seeking to amend all other provisions of the Constitution including those enumerated in the proviso to Article 368(2) are called by the title ‘Constitution Amendment Bills’. These Bills can be introduced in either House of Parliament.
Statement 3 is correct: Amendment of the Money Bill can only be done by the Lok Sabha, though Rajya Sabha can give suggestions that are not binding on the Lok Sabha.
Statement 4 is incorrect: Only Rajya Sabha (Upper House) has the power to initiate the process for the removal of the Vice-President.

Answer: C
Explanation:
Statement I is correct: The Constitution establishes a Dual Polity consisting of the Union and the States. Both are endowed with sovereign powers to be exercised in the fields assigned to them.
Statement II is incorrect: Indian federation is an indestructible Union of destructible states i.e. states in India do not have a right to territorial integrity. Parliament can unilaterally change the area, boundaries or name of any state just by a simple majority.