Daily Prelims Test (Day-7)
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Daily Prelims Test (Day-7)
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Question 1 of 10
1. Question
With reference to the office and powers of the Governor under the Constitution of India, consider the following statements:
1. The Governor of a State holds office during the pleasure of the President.
2. The Governor may reserve for the consideration of the President a Bill passed by the State Legislature, including a Money Bill.
3. The Constitution expressly enumerates specific grounds on which the President may remove a Governor before the expiry of his or her term.
How many of the statements given above are correct?
Correct
Answer: B
Explanation:
Statement 1 is correct: Under Article 156(1) of the Indian Constitution, the Governor of a State holds office during the pleasure of the President. While the normal tenure is five years, the President can remove the Governor at any time before the expiry of this term.
Statement 2 is correct: According to Article 200, when a Bill (including a Money Bill) is presented to the Governor after being passed by the State Legislature, the Governor has several options, one of which is to reserve the Bill for the consideration of the President. While the Governor cannot return a Money Bill for reconsideration to the state legislature, they are constitutionally permitted to reserve any bill, including a Money Bill, for the President.
Statement 3 is incorrect: The Constitution of India does not specify or expressly enumerate the grounds on which a Governor may be removed by the President. This is a point of frequent discussion in constitutional law; unlike the President, who can be impeached for “violation of the Constitution,” there are no such specific grounds laid down for the removal of a Governor.
Incorrect
Answer: B
Explanation:
Statement 1 is correct: Under Article 156(1) of the Indian Constitution, the Governor of a State holds office during the pleasure of the President. While the normal tenure is five years, the President can remove the Governor at any time before the expiry of this term.
Statement 2 is correct: According to Article 200, when a Bill (including a Money Bill) is presented to the Governor after being passed by the State Legislature, the Governor has several options, one of which is to reserve the Bill for the consideration of the President. While the Governor cannot return a Money Bill for reconsideration to the state legislature, they are constitutionally permitted to reserve any bill, including a Money Bill, for the President.
Statement 3 is incorrect: The Constitution of India does not specify or expressly enumerate the grounds on which a Governor may be removed by the President. This is a point of frequent discussion in constitutional law; unlike the President, who can be impeached for “violation of the Constitution,” there are no such specific grounds laid down for the removal of a Governor.
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Question 2 of 10
2. Question
Article 32 is called the ‘Soul of the Constitution’ due to which of the following features?
Correct
Answer: C
Explanation: During the Constituent Assembly debate, Dr B.R Ambedkar said that Article 32 is the heart and soul of the Constitution, and rights given through it will always be exercised in the Supreme Court unless any amendment has been made in the Constitution. It gives the power to the citizens of India to go directly to the Supreme Court of India if they feel that any of their Fundamental Rights have been violated. Article 32 came out to be the greatest safeguard that could be provided to protect the fundamental rights of the citizens and “It is a right fundamental to all the other Fundamental Rights”.
Incorrect
Answer: C
Explanation: During the Constituent Assembly debate, Dr B.R Ambedkar said that Article 32 is the heart and soul of the Constitution, and rights given through it will always be exercised in the Supreme Court unless any amendment has been made in the Constitution. It gives the power to the citizens of India to go directly to the Supreme Court of India if they feel that any of their Fundamental Rights have been violated. Article 32 came out to be the greatest safeguard that could be provided to protect the fundamental rights of the citizens and “It is a right fundamental to all the other Fundamental Rights”.
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Question 3 of 10
3. Question
Consider the following statements regarding Article 21:
1. Protection of life and personal liberty under Article 21 is available to both citizens and non-citizens.
2. Due process of law is explicitly mentioned in Article 21 of the constitution.
3. Due process of law has been recognised by the Supreme Court in the Menaka Gandhi case.
4. Due process of law provides protection under Article 21 both from arbitrary executive and legislative action.
Which of the statements given above is/are correct?
Correct
Answer: C
Explanation:
Statement 1 is correct: Article 21 explicitly uses the word “person,” which in Indian constitutional law includes both citizens and non-citizens (foreigners).
Statement 2 is incorrect: The phrase “due process of law” is not explicitly mentioned anywhere in the text of the Constitution of India. The actual text of Article 21 uses the phrase “procedure established by law“. The “due process” element is a result of judicial interpretation by the Supreme Court, not an explicit constitutional provision.
Statement 3 is correct: In the landmark Maneka Gandhi v. Union of India (1978) case, the Supreme Court overruled its earlier narrow interpretation. It held that the “procedure established by law” must be fair, just, and reasonable, effectively introducing the American concept of “due process of law” into the Indian legal framework.
Statement 4 is correct: Since the Maneka Gandhi judgment, the protection of Article 21 is available against both arbitrary executive action (illegal acts by officials) and arbitrary legislative action (laws that are substantively unfair or unreasonable).
Incorrect
Answer: C
Explanation:
Statement 1 is correct: Article 21 explicitly uses the word “person,” which in Indian constitutional law includes both citizens and non-citizens (foreigners).
Statement 2 is incorrect: The phrase “due process of law” is not explicitly mentioned anywhere in the text of the Constitution of India. The actual text of Article 21 uses the phrase “procedure established by law“. The “due process” element is a result of judicial interpretation by the Supreme Court, not an explicit constitutional provision.
Statement 3 is correct: In the landmark Maneka Gandhi v. Union of India (1978) case, the Supreme Court overruled its earlier narrow interpretation. It held that the “procedure established by law” must be fair, just, and reasonable, effectively introducing the American concept of “due process of law” into the Indian legal framework.
Statement 4 is correct: Since the Maneka Gandhi judgment, the protection of Article 21 is available against both arbitrary executive action (illegal acts by officials) and arbitrary legislative action (laws that are substantively unfair or unreasonable).
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Question 4 of 10
4. Question
The concept of ‘equal protection of law’ conveys the idea of:
1. absence of any special privileges in favor of any person.
2. equality in the privileges conferred and liabilities imposed by the laws.
3. similarly situated people should be treated equally and without prejudice.
How many of the statements given above are correct?
Correct
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.
Incorrect
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.
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Question 5 of 10
5. Question
Consider the following statements in the context of Article 16 of the Constitution:
1. It provides for equality of opportunity for all citizens in matters of public employment.
2. It permits the Parliament to make a law that requires domicile within a State for appointment to a public office.
Which of the statements given above is/are correct?
Correct
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.
Incorrect
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.
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Question 6 of 10
6. Question
In context of India consider the following statements:
Statement-I: Concept of ‘Equality before Law’ does not involve the idea of absolute equality amongst all.
Statement-II: The concept of ‘Equality before Law’ permits rational discrimination.
Which one of the following is correct in respect of the above statements?
Correct
Answer: A
Explanation:
Statement-I is correct: Absolute equality, where everyone gets exactly the same treatment regardless of individual circumstances, is not feasible or desirable in any society. The Indian Constitution recognizes this. Article 14 of the Constitution guarantees equality before law, but it also allows for “reasonable classifications” to differentiate in treatment based on specific grounds. This ensures equal treatment for equals and different treatment for unequals, allowing the government to address diverse needs and create policies tailored to specific groups.
Examples:
-
- Reservation policies for disadvantaged groups are allowed to achieve substantive equality by addressing historical inequalities.
- Progressive taxation, where higher earners pay more taxes, is considered reasonable to create a fairer distribution of wealth.
Statement-II is correct: The Constitution allows for “reasonable classification”, not just any form of discrimination. This classification must be:
-
- Based on intelligible differentia: The differentiating factor must be relevant to the objective of the law.
- Not arbitrary or unfair: The difference in treatment must be justified and proportionate to the objective.
- Not based on prohibited grounds: It cannot discriminate based on grounds like religion, caste, sex, or place of birth.
Examples:
-
- Age restrictions for voting or driving licenses are considered reasonable classifications based on maturity and competence.
Important Points:
-
- The courts play a crucial role in reviewing and upholding the principle of ‘equality before law’. They assess whether classifications are reasonable and ensure discriminatory laws are struck down. The concept of ‘equality before law’ evolves with societal changes and legal interpretations.
Hence, Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
Incorrect
Answer: A
Explanation:
Statement-I is correct: Absolute equality, where everyone gets exactly the same treatment regardless of individual circumstances, is not feasible or desirable in any society. The Indian Constitution recognizes this. Article 14 of the Constitution guarantees equality before law, but it also allows for “reasonable classifications” to differentiate in treatment based on specific grounds. This ensures equal treatment for equals and different treatment for unequals, allowing the government to address diverse needs and create policies tailored to specific groups.
Examples:
-
- Reservation policies for disadvantaged groups are allowed to achieve substantive equality by addressing historical inequalities.
- Progressive taxation, where higher earners pay more taxes, is considered reasonable to create a fairer distribution of wealth.
Statement-II is correct: The Constitution allows for “reasonable classification”, not just any form of discrimination. This classification must be:
-
- Based on intelligible differentia: The differentiating factor must be relevant to the objective of the law.
- Not arbitrary or unfair: The difference in treatment must be justified and proportionate to the objective.
- Not based on prohibited grounds: It cannot discriminate based on grounds like religion, caste, sex, or place of birth.
Examples:
-
- Age restrictions for voting or driving licenses are considered reasonable classifications based on maturity and competence.
Important Points:
-
- The courts play a crucial role in reviewing and upholding the principle of ‘equality before law’. They assess whether classifications are reasonable and ensure discriminatory laws are struck down. The concept of ‘equality before law’ evolves with societal changes and legal interpretations.
Hence, Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
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Question 7 of 10
7. Question
Consider the following:
1. Recommending the amendment to the Money Bill
2. Passage of the No-confidence Motion
3. Initiating the process for the removal of the Vice-President
In how many of the above given scenarios does the Rajya Sabha have equal powers with that of the Lok Sabha?
Correct
Answer: D
Explanation:
Statement 1 is incorrect: With respect to the money bill, Lok Sabha has more power than Rajya Sabha.
Statement 2 is incorrect: No-confidence motion can only be introduced in the Lok Sabha
Statement 3 is incorrect: Removal of the Vice President can only be initiated in the Rajya Sabha.
However, the Parliament has the power of discussing and enacting changes to the Constitution. The constituent powers of both the houses are similar. All constitutional amendments have to be approved by a special majority of both Houses.
Incorrect
Answer: D
Explanation:
Statement 1 is incorrect: With respect to the money bill, Lok Sabha has more power than Rajya Sabha.
Statement 2 is incorrect: No-confidence motion can only be introduced in the Lok Sabha
Statement 3 is incorrect: Removal of the Vice President can only be initiated in the Rajya Sabha.
However, the Parliament has the power of discussing and enacting changes to the Constitution. The constituent powers of both the houses are similar. All constitutional amendments have to be approved by a special majority of both Houses.
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Question 8 of 10
8. Question
Consider the following:
Statement-I: The Chief Minister holds office during the pleasure of the Governor.
Statement-II: The term of the Chief Minister is not fixed by the Constitution.
Which one of the following is correct in respect of the above statements?
Correct
Answer: B
Explanation:
Statement-I is correct: Article 164(2) states that the Chief Minister holds office during the pleasure of the Governor, but this pleasure cannot be arbitrary or whimsical. It must be based on sound constitutional principles and conventions. Also Article 164(3) states that the Chief Minister must retain the confidence of the majority in the Legislative Assembly. This is the primary factor determining their tenure, not solely the Governor’s pleasure.
Statement-II is correct: Though the term is not directly mentioned, Article 174(1) prescribes the Legislative Assembly’s life span as five years unless dissolved earlier. Indirectly, the Chief Minister’s term is also limited to five years, unless they manage to get re-elected in subsequent elections and retain their majority in the Assembly. Also if the Chief Minister loses a no-confidence motion or their party loses its majority, they are expected to resign. The Governor cannot retain them against the will of the Assembly.
Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
Incorrect
Answer: B
Explanation:
Statement-I is correct: Article 164(2) states that the Chief Minister holds office during the pleasure of the Governor, but this pleasure cannot be arbitrary or whimsical. It must be based on sound constitutional principles and conventions. Also Article 164(3) states that the Chief Minister must retain the confidence of the majority in the Legislative Assembly. This is the primary factor determining their tenure, not solely the Governor’s pleasure.
Statement-II is correct: Though the term is not directly mentioned, Article 174(1) prescribes the Legislative Assembly’s life span as five years unless dissolved earlier. Indirectly, the Chief Minister’s term is also limited to five years, unless they manage to get re-elected in subsequent elections and retain their majority in the Assembly. Also if the Chief Minister loses a no-confidence motion or their party loses its majority, they are expected to resign. The Governor cannot retain them against the will of the Assembly.
Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
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Question 9 of 10
9. Question
With reference to the concept of a “Duly Constituted Sitting” of the Lok Sabha, consider the following statements regarding its constitutional and procedural significance:
1. It ensures that the proceedings of the House are legally valid by fulfilling quorum and procedural requirements.
2. It safeguards the rights and privileges of Members of Parliament to participate in debates and decision-making.
3. It upholds order, discipline, and decorum in accordance with the Rules of Procedure and Conduct of Business.
4. It strengthens transparency and institutional accountability in the functioning of the lower House.
How many of the above statements correctly describe the significance of a duly constituted sitting of the Lok Sabha?
Correct
Answer: D
Explanation: In the context of the Lok Sabha (Lower House) of the Indian Parliament, a “duly constituted sitting” refers to a session where all the legal and procedural requirements are met for it to be considered valid and official. Here’s a breakdown of the key aspects:
Requirements for a Duly Constituted Sitting:
-
- Quorum: A minimum number of members, usually one-tenth of the total strength of the house (currently 54 members), must be present throughout the sitting.
- Presiding Officer: The Speaker or Deputy Speaker, or in their absence, the Pro Tem Speaker must preside over the session.
- Notice of Meeting: Members must be informed about the meeting through a proper notice, including the agenda and timing.
- Compliance with Rules: All proceedings and discussions must comply with the Rules of Procedure and Conduct of Business in Lok Sabha.
Statutory Basis: The Constitution of India and the Rules of Procedure and Conduct of Business in Lok Sabha.
Importance of a Duly Constituted Sitting:
-
- Ensures the legitimacy and validity of decisions taken in the Lok Sabha.
- Protects the rights of members to participate and be heard.
- Maintains order and decorum during the proceedings.
- Promotes transparency and accountability in the legislative process.
Incorrect
Answer: D
Explanation: In the context of the Lok Sabha (Lower House) of the Indian Parliament, a “duly constituted sitting” refers to a session where all the legal and procedural requirements are met for it to be considered valid and official. Here’s a breakdown of the key aspects:
Requirements for a Duly Constituted Sitting:
-
- Quorum: A minimum number of members, usually one-tenth of the total strength of the house (currently 54 members), must be present throughout the sitting.
- Presiding Officer: The Speaker or Deputy Speaker, or in their absence, the Pro Tem Speaker must preside over the session.
- Notice of Meeting: Members must be informed about the meeting through a proper notice, including the agenda and timing.
- Compliance with Rules: All proceedings and discussions must comply with the Rules of Procedure and Conduct of Business in Lok Sabha.
Statutory Basis: The Constitution of India and the Rules of Procedure and Conduct of Business in Lok Sabha.
Importance of a Duly Constituted Sitting:
-
- Ensures the legitimacy and validity of decisions taken in the Lok Sabha.
- Protects the rights of members to participate and be heard.
- Maintains order and decorum during the proceedings.
- Promotes transparency and accountability in the legislative process.
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Question 10 of 10
10. Question
Consider the following:
Statement-I: Consultative Committees serve as collaborative platforms for exchanging ideas and garnering feedback from experts
Statement-II: Consultative Committees consisting of members of the Parliament are not parliamentary committees.
Which one of the following is correct in respect of the above statements?
Correct
Answer: B
Explanation:
Statement-I is correct: Within the Indian legislative process, Consultative Committees (CCs) serve as collaborative platforms for exchanging ideas and garnering feedback from experts on specific ministries or departments. Though not directly involved in making laws, they play a crucial role in informing policy and legislation.
Main Functions:
-
- Reviewing and discussing policies, programs, and schemes: CCs provide a forum for detailed deliberation on government initiatives, allowing members to share their expertise and raise concerns.
- Offering recommendations and suggestions: Based on their discussions, CCs can propose improvements to existing policies and suggest new initiatives for the specific ministry or department.
- Building consensus and understanding: By bringing together diverse perspectives, CCs facilitate constructive dialogue and promote wider understanding of various viewpoints, potentially leading to more informed decision-making.
Consultative Committees offer a unique advantage in enriching India’s legislative process by bridging the gap between government and diverse stakeholders. Crucially, they unlock expert insights by bringing non-political members to the table. These experts, from NGOs, industry, and academia, share their specialized knowledge, fostering richer and more informed policy discussions. By considering diverse viewpoints and leveraging external expertise, CCs contribute significantly to strengthening the quality and impact of Indian laws.
Statement-II 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.
Incorrect
Answer: B
Explanation:
Statement-I is correct: Within the Indian legislative process, Consultative Committees (CCs) serve as collaborative platforms for exchanging ideas and garnering feedback from experts on specific ministries or departments. Though not directly involved in making laws, they play a crucial role in informing policy and legislation.
Main Functions:
-
- Reviewing and discussing policies, programs, and schemes: CCs provide a forum for detailed deliberation on government initiatives, allowing members to share their expertise and raise concerns.
- Offering recommendations and suggestions: Based on their discussions, CCs can propose improvements to existing policies and suggest new initiatives for the specific ministry or department.
- Building consensus and understanding: By bringing together diverse perspectives, CCs facilitate constructive dialogue and promote wider understanding of various viewpoints, potentially leading to more informed decision-making.
Consultative Committees offer a unique advantage in enriching India’s legislative process by bridging the gap between government and diverse stakeholders. Crucially, they unlock expert insights by bringing non-political members to the table. These experts, from NGOs, industry, and academia, share their specialized knowledge, fostering richer and more informed policy discussions. By considering diverse viewpoints and leveraging external expertise, CCs contribute significantly to strengthening the quality and impact of Indian laws.
Statement-II 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.
