Daily Prelims Test (Day-5)

Answer: B

Explanation: The correct sequence of events is given below: 

1. The Governor General was given power to override the decision of his council (Act of 1786).

2. Commander-in-Chief was not to be part of the Governor-General’s Council (Charter Act of 1793).

3. Authorizing the local governments in India to impose taxes on persons (Charter Act of 1813).

4. End of activities of East India Company as a commercial body (Charter Act of 1833).

Answer: B

Explanation:

Article 3 of the Constitution of India authorizes the Parliament to:

1. form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state,

2. increase the area of any state,

3. diminish the area of any state,

4. alter the boundaries of any state, and

5. alter the name of any state.

• • Article 3 lays down two conditions in this regard: one, a Bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
  • The power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.
  • The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time. Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament.
  • In the case of a union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit.
  • The Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.

Answer: B

Explanation:

Statement 1 is incorrect: The Indian Councils Act, 1909 (Morley-Minto Reforms) did not give non-official majority in provincial councils. Provincial councils remained largely official majority. Non-official majority came later under the Government of India Act, 1919.

Statement 2 is correct: The Act introduced separate electorates for Muslims, marking the beginning of communal representation.

Statement 3 is incorrect: Dyarchy in provinces was introduced later under the Government of India Act, 1919, not in 1909.

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: C

Explanation:

The parliamentary system is also known as the ‘Westminster’ model of government, responsible government and cabinet government. The Constitution of India establishes the parliamentary system not only at the Centre but also in the states. The features of parliamentary government are:

1. Presence of nominal and real executives.

2. Majority party rule.

3. Collective responsibility of the executive to the legislature.

4. Membership of the ministers in the legislature.

5. The leadership of the prime minister or the chief minister.

6. Dissolution of the lower house.

Answer: B

Explanation:

The Indian Constitution’s vision of a ‘welfare state’ is primarily articulated through the Preamble and the Directive Principles of State Policy (DPSP). The Preamble sets the foundational goals, emphasizing social, economic, and political justice, alongside equality and fraternity. These ideals lay the groundwork for a society where the state actively promotes well-being. The DPSPs, however, provide the practical roadmap, directing the state to formulate policies aimed at achieving social and economic equity. They advocate for measures like equitable distribution of resources, protection of workers’ rights, and promotion of public health. While Fundamental Rights ensure individual liberties and establish a base for a welfare state, and Fundamental Duties encourage responsible citizenship, the Preamble’s guiding principles and the DPSPs’ actionable directives are the core constitutional elements that envisage and drive the establishment of a welfare state in India.

Answer: D

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 correct: It ended the system of Double Government by abolishing the Board of Control and Court of Directors.

Statement 3 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 4 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:

Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I:

Pitt’s India Act of 1784 was passed to remove the defects of the Regulating Act of 1773. It differentiated the commercial and political affairs of the Company. Thus it established a system of double government in India by Crown in Great Britain and the British East India Company. The act provided for the appointment of a Board of Control to supervise and direct all operations of the civil and military government or revenues of the British possessions in India. The commercial affairs were to be managed by the Court of Directors itself. Thus, it provided for a joint government of British India by the Company and the crown with the government holding the ultimate authority.

Answer: B

Explanation:

Statement 1 is correct: Article 20(2) of the Constitution of India provides that “no person shall be prosecuted and punished for the same offence more than once.” This is the core of the principle of Double Jeopardy. It is important to note that for this protection to apply, the person must have been both prosecuted (tried) and punished in the previous instance.

Statement 2 is correct: The Supreme Court has clarified (notably in Maqbool Hussain v. State of Bombay) that the protection under Article 20(2) is available only in proceedings before a court of law or a judicial tribunal. It does not apply to departmental or administrative proceedings (like an inquiry by a customs officer or a disciplinary proceeding by an employer), as these are not considered “prosecutions” in the judicial sense. Thus, a person can be punished departmentally and subsequently prosecuted in a court for the same act.

Statement 3 is incorrect: The principle of double jeopardy applies only if there has been a final conviction or acquittal in a previous trial. If a person was merely discharged due to a technicality or if the trial was aborted before a verdict was reached (without a conviction or acquittal), a subsequent trial on the same facts does not violate Article 20(2). The “jeopardy” only attaches when a competent court has delivered a final judgment on the merits of the case.

Answer: B

Explanation:

Statement 1 is correct: The provisions relating to the Supreme Court of India, including its original jurisdiction, are located in Part V (The Union) of the Constitution under Chapter IV, which deals specifically with the Union Judiciary (Articles 124 to 147).

Statement 2 is correct: Under Article 131, the Supreme Court has exclusive original jurisdiction in federal disputes. This means that disputes between the Government of India and one or more States, or between two or more States, can only be heard by the Supreme Court and no other court in India.

Statement 3 is incorrect: A private individual cannot invoke the original jurisdiction of the Supreme Court under Article 131. This specific jurisdiction is reserved exclusively for disputes between the constitutional entities (Union and States) within the federal setup. While individuals can approach the Supreme Court directly under Article 32 for the enforcement of Fundamental Rights, that is a separate category of original jurisdiction