Answer: B

Explanation:

Statement 1 is correct: The Representation of the People Act (1951) provides that a person cannot be a member of both the Houses of Parliament at the same time.

Statement 2 is incorrect: The Representation of the People Act (1951) provides that if a sitting member of any one of the Houses gets elected to the other House, his/her seat in the first house becomes vacant.

Statement 3 is correct: The Representation of the People Act (1951) provides that if a person is elected to two seats in the same House, he/she should exercise his/her option for one within 14 days of the declaration of the result, otherwise both seats become vacant.

Additional Information:

Grounds for Disqualification of Membership of Parliament and State Legislatures, under RPA Act, 1951 includes:

Disqualification on conviction for certain offences:

• • offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
  • offence of bribery.
  • offence of undue influence or personation at an election.
  • offences relating to rape.
  • offence of cruelty towards a woman by husband or relative of a husband.
  • offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies.
  • offence of insulting the Indian National Flag or the Constitution of India.
  • offence of preventing singing of the National Anthem.

Disqualification for dismissal for corruption or disloyalty

• • A person who having held an office under the Government of India or under the Government of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of such dismissal.

Disqualification for Government contracts, etc.

• • A person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that Government.

Disqualification for office under Government company

• • A person shall be disqualified if, and for so long as, he is a managing agent, manager or secretary of any company or corporation (other than a co-operative society) in the capital of which the appropriate Government has not less than twenty-five per cent share.

Disqualification for failure to lodge account of election expenses

If the Election Commission is satisfied that a person-

(a) has failed to lodge an account of election expenses, within the time and in the manner required by or under this Act; and

(b) has no good reason or justification for the failure,

The Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

Answer: B

Explanation:

Option B is correct: Directive Principles of State Policy in the Indian Constitution resembles the Instrument of Instructions included in the Government of India Act 1935. Dr. B.R. Ambedkar stated that the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935. What is called Directive Principles is merely another name for the Instrument of Instructions.

The concept of DPSP is derived from the Irish Constitution. The makers of the constitution were influenced by the Irish nationalist movement, which established an Independent Irish Republic by getting independence from British Rule in 1922.

Answer: A

Explanation:

Statement I is correct: Till the passage of the Indian Independence Act, 1947 India was a dependency (colony) of the British Empire. From 15 August 1947 till 26 January 1950, India’s political status was that of a dominion in the British Commonwealth of Nations. India ceased to be the British Dominion on 26^th January 1950 at the commencement of the Constitution wherein it declared India to be a Sovereign Democratic Republic. Hence, Statement II is also correct.

Statement II is the correct explanation of Statement I.

List of the salient features of the Indian Independence Act of 1947:

• • The partition of the Indian state and the creation of Pakistan was to come into effect from August 15, 1947.
  • The British government was to officially give up every authority to these newly created dominions.
  • The new states were fully authorised to form their own constitution and constituent assemblies.
  • The Act had the entire procedure of transferring the powers to the constituent assemblies.
  • The states could opt out of the Commonwealth membership at any instance after independence.
  • A new Boundary Commission would be appointed to demarcate the line between the provinces of Punjab and Bengal.
  • Following the Act, the Radcliffe Boundary Commission was appointed and the boundary line separating India and Pakistan was created.
  • Lord Mountbatten was the first Governor General of India, whereas Mohammad Ali Jinnah became the first Governor General of Pakistan.

Answer: D

Explanation:

Under Article 37 of the Constitution of India, important characteristics of DPSP are mentioned, and they are:

1. It is not enforceable in any court of Law.

2. And they are very basic and essential for the governance of the country, and

3. It shall be the duty of the state to apply these principles while making a law.

The apex court has time and again emphasized on these provisions, it is to be remembered that these features are explicitly mentioned in the Constitution itself wherein the State entrusted to make laws according to DPSP as the aim of the State is the welfare of its citizens. Hence, the statements given above are given in the Constitution and not derived from judicial interpretations.

Answer: B

Explanation:

Options 1 and 3 are correct:

Special Majority with Consent of Half of States: Those provisions of the Constitution which are related to the federal structure of the polity can only be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. Important provisions that require ratification by the states include the election of President, Supreme Court and High Courts, representation of states in Parliament, distribution of legislative powers between the Union and the states, and the extent of executive power of the Union and the states. Most importantly, an amendment to Article 368 itself, requires ratification by the states.

However, Parliament may by law provide for:

• • the abolition of the Legislative Council of a State having such a Council, or
  • for the creation of such a Council in a state having no such council, if the Legislative Assembly of the state passes a resolution by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.

Hence, Option 2 does not require the ratification of the legislature of not less than half of the states.

Answer: C

Explanation:

Statement 1 is correct: The doctrine of prospective overruling was first recognised in America in the early 1900s. The doctrine slowly developed in America and was soon accepted by English jurists and English Courts. The doctrine of prospective overruling is a decision made in a particular case that would have operation only in the future and will not carry any retrospective effect on any past decisions.

Statement 2 is correct: It was recognised and adopted in India for the first time by the Supreme Court in the case of I.C Golaknath vs. the State of Punjab (1967).

The Doctrine’s Applications

• • It’s worth noting that in Golak Nath’s case, the Supreme Court decided that this doctrine can only be applied in situations arising under the Constitution, and that it can only be used by the Supreme Court in its discretion to shape the justice of the cause or matter before it.
  • However, it has recently been decided that the doctrine of prospective overruling can now be applied to the interpretation of regular statutes as well. The tactic of prospective overruling was used in the cases of Waman Rao v. Union of India , Atam Prakash v. State of Haryana, Orissa Cement Ltd. v. State of Orissa, Union of India v. Mohd. Ramzan Khan, and Managing Director, ECIL v. B. Karunakar.
  • Indra Sawhney v. Union of India, commonly known as the Mandal Commission Case, the doctrine of prospective overruling is mentioned. In this instance, Justice Jeevan Reddy ordered that the decision will take effect five years from the date of the decision. As a result, the Court postponed the ruling’s implementation for five years from the date of the verdict. This case finds not only a broadening of the doctrine’s application but also a lengthening of the timeframe during which the ruling will be effective.
  • Furthermore, the Honourable Supreme Court declared in the case of Harsha Dhingra v. State of Haryana, that while it is undisputed that a court can overrule a judgement, there is no valid reason why it should not be limited to the future and not the past.

Answer: A

Explanation:

Statement 1 is correct: According to the Article 66 of the Constitution of India, the Vice-President is elected by the members of the Electoral College consisting of:

• • Elected members of Rajya Sabha
  • Nominated members of Rajya Sabha
  • Elected members of Lok Sabha

Statement 2 is incorrect: The Vice-President is elected by an electoral college consisting of members of both the Houses of Parliament, in accordance with the system of proportional representation by means of the single transferable vote and the voting in such election is by secret ballot. The Electoral College to elect a person to the office of the Vice-President consists of all members of both the Houses of Parliament

Statement 3 is incorrect: The Vice-President may resign from his office by submitting his resignation to the President of India. The resignation becomes effective from the day it is accepted.

Additional Information:

• • If a member of either House of Parliament or of a House of a Legislature of any state is elected as Vice-President, he is deemed to have vacated his seat in that House on the date he/she enters his office as Vice-President.
  • An election to fill a vacancy caused by the expiry of the term of office of Vice-President is completed before the expiry of the term. In case a vacancy arises by reasons of death, resignation or removal or otherwise, the election to fill that vacancy is held as soon as possible after the occurrence. The person so elected is entitled to hold office for a full term of 5 years from the date he enters office.
  • During any period when the Vice-President acts as, or discharges the functions of the President, he does not perform the duties of the office of the Chairperson of the Council of States (Rajya Sabha) and is not entitled to any salary or allowances payable to the Chairperson, Rajya Sabha.

Answer: B

Explanation:

Statement 1 is incorrect:  Part XV of the Constitution lays out provisions related to the conduct of elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President, including the appointment of an independent Election Commission.

It also empowers Parliament to make laws on matters left unspecified in this Part.

Statement 2 is correct: The Commission is vested with quasi-judicial power to settle disputes relating to splits/ mergers of recognised political parties.

Additional Information:

• • Under the Constitution, the Commission has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
  • The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered.
  • Further, the cases of persons found guilty of corrupt practices at elections which come before the SC and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period.

Answer: B

Explanation:

Statement 1 is correct: FATF is the global money laundering and terrorist financing watchdog. The Financial Action Task Force (FATF) leads global action to tackle money laundering, terrorist and proliferation financing. The FATF researches how money is laundered and terrorism is funded, promotes global standards to mitigate the risks, and assesses whether countries are taking effective action.

Statement 2 is correct: It was established by the G-7 Summit that was held in Paris in 1989.

Statement 3 is incorrect: FATF is a 39-member body representing most major financial centers in all parts of the globe. Out of 39 members, there are two regional organizations: the European Commission, and the Gulf Cooperation Council. Hence regional organizations can become full time members of the FATF.

Additional Information:

Countries that are the members of FATF Include:

Argentina, Australia, Austria, Belgium, Brazil, Canada, China, Denmark, Finland, France, Germany, ,Greece, Hong Kong (China), Iceland, India, Ireland, Israel, Italy, Japan, Republic of Korea, Luxembourg, Malaysia, Mexico, Netherlands, New Zealand, Norway, Portugal, Russia, Saudi Arabia, Singapore, South Africa, Spain, Sweden, Switzerland, Türkiye, the UK and the US.

India and FATF: India joined with ‘observer’ status in 2006 and became a full member of FATF in 2010. India is also a member of its regional partners, the Asia Pacific Group (APG) and the Eurasian Group (EAG).

Answer: A

Explanation:

Statement 1 is correct: A free trade agreement is a pact between two or more nations to reduce barriers to imports and exports among them. Under a free trade policy, goods and services can be bought and sold across international borders with little or no government tariffs, quotas, subsidies, or prohibitions to inhibit their exchange.

Statement 2 is incorrect: The concept of free trade is the opposite of trade protectionism or economic isolationism. Free Trade Agreement does not compliment trade protectionism; rather both the concepts are opposite to each other.

Statement 3 is incorrect: So far, India has signed 13 Free Trade Agreements (FTAs) with its trading partners, including the 3 agreements, namely India-Mauritius Comprehensive Economic Cooperation and Partnership Agreement (CECPA), India-UAE Comprehensive Partnership Agreement (CEPA) and India-Australia Economic Cooperation and Trade Agreement (IndAus ECTA) signed during the last five years.

India has not yet signed an FTA with the UK as of August 2023, and both the countries are working on negotiations to iron out differences on the proposed free trade agreement (FTA).

Answer: B

Explanation:

Statement 1 is correct: Government of India Act, 1919 increased the size of the legislative councils both at the centre and the provincial. The number of members in the Central legislative Council was increased from 16 to 60; and the number of members in the Provincial councils was not uniform.

Statement 2 is correct: Government of India Act, 1919 relaxed the central control over the provinces by demarcating and separating the subjects as central and provincial. Both the central and provincial legislatures were authorized to make laws on their respective subjects.

Statement 3 is incorrect: Government of India Act, 1909 introduced a system of communal representation by introducing the concept of separate electorate. For the same reason Lord Minto came to be known as the Father of the Communal Electorate.

Answer: A

Explanation:

• • The Directive Principles of State Policy (DPSP) are a set of guidelines that the Indian Constitution lays down for the government to promote social welfare and economic equality in the country.
  • DPSP are not enforceable in a court of law.
  • DPSP were made non-justifiable considering that the State may not have enough resources to implement all of them or it may even come up with some better and progressive laws.
  • It consists of all the ideals which the State should follow and keep in mind while formulating policies and enacting laws for the country. It constitutes a very comprehensive economic, social and political guidelines or principles and tips for a modern democratic State that aimed towards inculcating the ideals of justice, liberty, equality and fraternity as given in the preamble. Adding DPSP was all about creating a “welfare state” which works for the individuals of the country. For Instance: Article 41 of the Constitution of India mentions that the State shall make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Answer: C

Explanation:

Statement I is correct: India is described as ‘Union’ although its Constitution is federal in structure. According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons:

1. The Indian Federation is not the result of an agreement among the states like the American Federation. (Hence statement II is incorrect)

2. The states have no right to secede from the federation.

Answer: C

Explanation:

• • The Constitution of India establishes a federal system of government. It contains all the usual features of a federation, viz., two governments, division of powers, written Constitution, the supremacy of the Constitution, the rigidity of the Constitution, independent judiciary and bicameralism.
  • However, the Indian Constitution also contains a large number of unitary or non-federal features, viz., a strong Centre, single Constitution, single citizenship, the flexibility of Constitution, integrated judiciary, appointment of state governor by the Centre, all-India services, emergency provisions, and so on.

Answer: B

Explanation:

Statement 1 is correct: Act for the Good Government of India 1858, changed the designation of the Governor-General of India to that of Viceroy of India. He (Viceroy) was the direct representative of the British Crown in India. Lord Canning thus became the first Viceroy of India.

Statement 2 is incorrect: Indian Councils Act, 1861 made the beginning of the representative institutions by associating Indians with the law-making process which provided that the Viceroy could nominate some Indians as non-official members of the Council.

Statement 3 is correct: It created a new office, Secretary of State for India, vested with complete authority and control over Indian administration. The Secretary of State was a member of the British cabinet and was ultimately responsible to the British Parliament. It established a 15-member Council of India to assist the secretary of state for India. The council was an advisory body. The secretary of state was made the chairman of the council.

Answer: A

Explanation:

Statement 1 is correct: While government Bills can be introduced and discussed on any day, private member’s Bills can be introduced and discussed only on Fridays.

If there is no sitting of the House on a Friday, the Speaker may direct that two and a half hours on any other day in the week may be allotted for the transaction of Private Members’ Business.

Business relating to Bills and Resolutions is transacted on alternate Fridays starting with Bills on the first Friday of the session and Resolutions on the next Friday and so on. Private Members’ Business set down for the day allotted for that class of business and not disposed of on that day, is not set down for any subsequent day unless it has gained priority at the ballot with reference to that day. Business which was, however, under discussion at the end of that day has precedence over all other business set down for the next allotted day.

Statement 2 is incorrect: A private member bill can be introduced in either of the Houses of the Parliament.

• • The admissibility of a private member’s Bill is decided by the Rajya Sabha Chairman in the case of Rajya sabha.
  • In the case of Lok Sabha, it is the Speaker, while the procedure is roughly the same for both Houses.

Statement 3 is incorrect: A member who wants to introduce a Bill has to give prior notice thereof. The period of notice for the introduction of a Bill is one month unless the Speaker allows introduction at a shorter notice. The notice is to be accompanied by a copy of the Bill and an explanatory Statement of Objects and Reasons.

The President’s recommendation, if necessary, for introduction and/or consideration of the Bill should also be applied for by the member. Where President’s recommendation is required for introduction of the Bill, the period of notice is reckoned from the date of receipt of the recommendation in Lok Sabha Secretariat.

Answer: A

Explanation:

Statement 1 is incorrect: The Act under Section 2(1)(c) defines a child as any person below the age of eighteen.

Statement 2 is incorrect: The Act under Section 24(2) clearly mentions that a police officer shall not be in uniform while recording the statement of the child.

Statement 3 is correct: The Act under Section 28(1) provides for the establishment of the Special Courts for the trial of the offenses under the Act.

NOTE: This question is asked in the context of ‘age of consent’ debate. For more clarity please refer to Editorial Class:  https://www.youtube.com/watch?v=FEe0rkLnt20

Answer: B

Explanation:

Statement 1 is correct: The scheme ‘Pradhan Mantri Adi Adarsh Gram Yojna (PMAAGY)’ has the vision to transform the villages with significant tribal population into model villages (adarsh gram), having saturated basic services and adequate infrastructure, through convergence of government schemes, so as to enable the villagers to develop their potential for a meaningful contribution to the economy and society.

Statement 2 is correct: The main objective of the scheme is to achieve the socio-economic development of selected villages through convergence approach having the components:

• • Preparing village development plans, based on the needs, potential and aspirations.
  • Maximizing the coverage of the individual, family benefit schemes of the central/state governments.
  • Improving the infrastructure in vital sectors like health, education, connectivity and livelihood.

Statement 3 is incorrect: The scheme is implemented in all the states and UTs having notified ST population. More than 35 thousand villages having atleast 50% ST population and 500 ST persons have been identified to be covered in the first phase of five years during 2021-22 to 2025-26.

Answer: C

Explanation:

Statement 1 is correct: The Indian Ocean Rim Association is an inter-governmental organisation which was established on 7 March 1997. The vision for IORA originated during a visit by late President Nelson Mandela of South Africa to India in 1995. IORA aims at promoting sustainable growth and balanced development of the region and member states. Its secretariat is located in Mauritius.

Statement 2 is correct: The Indian Ocean Dialogue (IOD) is a flagship initiative of the Indian Ocean Rim Association (IORA), with its origins in the 13th Council of Ministers meeting, held in November 2013 in Perth, Australia.

Additional information:

• • The Council of Ministers, on voluntary offer by Member States, elects a Chair of the Association for a period of two years. If there is no voluntary offer, the Chair is elected on the basis of geographical consideration.
  • It convenes once a year. The People’s Republic of Bangladesh took over as Chair from November 2021 to November 2023, after the United Arab Emirates (UAE) who held the position from November 2019 to November 2021.
  • IORA has 23 member states, including Australia, Bangladesh, Comoros, India, Indonesia, Iran, Kenya, Madagascar, Malaysia, Maldives, Mauritius, etc.