Daily Prelims Test (Day-10)
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Daily Prelims Test (Day-10)
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Question 1 of 10
1. Question
Article 156 of the Constitution of India provides that a Governor shall hold office for a term of five years from the date on which he enters upon his office.
Consider the following statements in context of the above given paragraph:
1. No Governor can be removed from office till completion of his term.
2. No Governor can continue in office beyond five years .
3. The Governor can continue until a successor is appointed.
How many of the above given statements can be deduced from the given paragraph?
Correct
Answer: A
Explanation:
Statement 1 is incorrect: While the five-year term is mentioned, Article 156(2) allows the Governor to resign, and other provisions in the Constitution address removal procedures for misconduct or other reasons.
Statement 2 is incorrect: The article states a five-year term “subject to the foregoing provisions,” including a clause allowing the Governor to continue until a successor is appointed.
Statement 3 is correct: This statement aligns with the provision mentioned in the Article itself.
Incorrect
Answer: A
Explanation:
Statement 1 is incorrect: While the five-year term is mentioned, Article 156(2) allows the Governor to resign, and other provisions in the Constitution address removal procedures for misconduct or other reasons.
Statement 2 is incorrect: The article states a five-year term “subject to the foregoing provisions,” including a clause allowing the Governor to continue until a successor is appointed.
Statement 3 is correct: This statement aligns with the provision mentioned in the Article itself.
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Question 2 of 10
2. Question
With reference to the Representation of the People Act, 1951, consider the following statements:
1. It allows for the disqualification of candidates who are convicted of criminal offenses and sentenced to imprisonment for more than two years.
2. Failing to disclose a criminal record at the time of filing nominations, does not lead to the automatic rejection of the nomination.
Which of the above statements is/are correct?
Correct
Answer: C
Explanation: The Representation of the People Act 1951 (RPA 1951) is a key legislation that governs the conduct of elections in India. It outlines the procedures for election to the Parliament and state legislatures, qualifications and disqualifications for membership, and defines the powers of the Election Commission.
Statement 1 is correct: Under Section 8 of the Representation of the People Act, a candidate convicted of a criminal offense and sentenced to two years or more in prison is disqualified from contesting elections.
Statement 2 is correct: Automatic Rejection implies that the moment the omission is discovered, the nomination is immediately invalidated, without any further investigation or legal process. It would mean that the returning officer or electoral authority would have no discretion and must reject the nomination papers on the spot.
However, it has been reiterated in various Supreme Court Judgments in the recent past that a candidate shall not be allowed to contest election for non-disclosure and suppression of information, including that of assets and his criminal background saying it will violate voters’ right to know there would be representation. This does not mean that there will be an automatic rejection.
According to the provisions under Section 35 of RPA, 1951, Returning Officer can reject the nomination of a candidate after an enquiry for not disclosing the criminal history.
Incorrect
Answer: C
Explanation: The Representation of the People Act 1951 (RPA 1951) is a key legislation that governs the conduct of elections in India. It outlines the procedures for election to the Parliament and state legislatures, qualifications and disqualifications for membership, and defines the powers of the Election Commission.
Statement 1 is correct: Under Section 8 of the Representation of the People Act, a candidate convicted of a criminal offense and sentenced to two years or more in prison is disqualified from contesting elections.
Statement 2 is correct: Automatic Rejection implies that the moment the omission is discovered, the nomination is immediately invalidated, without any further investigation or legal process. It would mean that the returning officer or electoral authority would have no discretion and must reject the nomination papers on the spot.
However, it has been reiterated in various Supreme Court Judgments in the recent past that a candidate shall not be allowed to contest election for non-disclosure and suppression of information, including that of assets and his criminal background saying it will violate voters’ right to know there would be representation. This does not mean that there will be an automatic rejection.
According to the provisions under Section 35 of RPA, 1951, Returning Officer can reject the nomination of a candidate after an enquiry for not disclosing the criminal history.
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Question 3 of 10
3. Question
Consider the following ways of losing a citizenship:
1. Renunciation
2. Termination
3. Deprivation
How many of the above are enumerated in the provisions of the Constitution of India?
Correct
Answer: D
Explanation: The Indian Constitution, specifically Part II (Articles 5-11), primarily addresses the acquisition of citizenship at its commencement, granting Parliament the authority to legislate on citizenship matters. It does not explicitly enumerate the ways in which citizenship can be lost. This power is exercised through the Citizenship Act of 1955, which details the mechanisms for both acquiring and losing Indian citizenship.
Regarding the loss of citizenship, the Act outlines three distinct methods: renunciation, termination, and deprivation.
Renunciation involves the voluntary surrender of Indian citizenship by a citizen through a formal declaration. Termination occurs automatically when an Indian citizen voluntarily acquires the citizenship of another country. Deprivation, the third method, entails the government’s power to revoke citizenship under specific circumstances, such as obtaining citizenship through fraud, demonstrating disloyalty to the Constitution, engaging in unlawful trade or communication during wartime, or residing outside India for an extended period without informing the government.
These provisions in the Citizenship Act, 1955, provide a comprehensive framework for managing citizenship, ensuring that while the Constitution lays the groundwork, the practical implementation and regulation of citizenship are handled through parliamentary legislation.
Incorrect
Answer: D
Explanation: The Indian Constitution, specifically Part II (Articles 5-11), primarily addresses the acquisition of citizenship at its commencement, granting Parliament the authority to legislate on citizenship matters. It does not explicitly enumerate the ways in which citizenship can be lost. This power is exercised through the Citizenship Act of 1955, which details the mechanisms for both acquiring and losing Indian citizenship.
Regarding the loss of citizenship, the Act outlines three distinct methods: renunciation, termination, and deprivation.
Renunciation involves the voluntary surrender of Indian citizenship by a citizen through a formal declaration. Termination occurs automatically when an Indian citizen voluntarily acquires the citizenship of another country. Deprivation, the third method, entails the government’s power to revoke citizenship under specific circumstances, such as obtaining citizenship through fraud, demonstrating disloyalty to the Constitution, engaging in unlawful trade or communication during wartime, or residing outside India for an extended period without informing the government.
These provisions in the Citizenship Act, 1955, provide a comprehensive framework for managing citizenship, ensuring that while the Constitution lays the groundwork, the practical implementation and regulation of citizenship are handled through parliamentary legislation.
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Question 4 of 10
4. Question
The right to form a cooperative comes under which of the following Fundamental Rights?
Correct
Answer: B
Explanation:
The Ninety-Seventh Amendment Act of 2011 gave constitutional status and protection to cooperative societies. In this context, it made the following three changes in the constitution:
1. It made the right to form cooperative societies a fundamental right (Article 19).
2. It included a new Directive Principle of State Policy on the promotion of cooperative societies (Article 43B).
3. It added a new Part IX-B in the constitution, which is entitled “The Cooperative Societies” (Article 243-ZH to 243-ZT).
Incorrect
Answer: B
Explanation:
The Ninety-Seventh Amendment Act of 2011 gave constitutional status and protection to cooperative societies. In this context, it made the following three changes in the constitution:
1. It made the right to form cooperative societies a fundamental right (Article 19).
2. It included a new Directive Principle of State Policy on the promotion of cooperative societies (Article 43B).
3. It added a new Part IX-B in the constitution, which is entitled “The Cooperative Societies” (Article 243-ZH to 243-ZT).
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Question 5 of 10
5. Question
Consider the following statements about the Fundamental Rights:
1. They are only available to Indian Citizens.
2. They are justiciable in nature.
3. They are only available as a remedy to state action.
Which of the statements given above is/are incorrect?
Correct
Answer: C
Explanation:
Statement 1 is incorrect: Some Fundamental Rights are available only to Indians for example under Articles- 15,16,19,29 and 30. Whereas other Rights are also available to citizens as well as foreigners.
Statement 2 is correct: They are justiciable in nature, allowing a person to move to court for their enforcement.
Statement 3 is incorrect: All of them are available against the arbitrary action of the state. However, some are also available against the actions of private individuals.
Incorrect
Answer: C
Explanation:
Statement 1 is incorrect: Some Fundamental Rights are available only to Indians for example under Articles- 15,16,19,29 and 30. Whereas other Rights are also available to citizens as well as foreigners.
Statement 2 is correct: They are justiciable in nature, allowing a person to move to court for their enforcement.
Statement 3 is incorrect: All of them are available against the arbitrary action of the state. However, some are also available against the actions of private individuals.
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Question 6 of 10
6. Question
With reference to ‘Protection of Life and Personal Liberty’ (Article 21), consider the following statements:
1. The right to “Procedure Established by Law” implies that a law must be just, fair, and reasonable, and not arbitrary.
2. The Supreme Court in the A.K. Gopalan Case (1950) took a narrow view of Article 21, stating it protected only against arbitrary executive action.
3. The Right to Privacy was declared a Fundamental Right under Article 21 in the Justice K.S. Puttaswamy case.
Which of the statements given above are correct?
Correct
Answer: B
Explanation:
Statement 1 is incorrect: The literal meaning of “Procedure Established by Law” (derived from the Japanese Constitution) is that a person can be deprived of life or liberty as long as the state follows a validly enacted law, even if that law is arbitrary. It was only after the Maneka Gandhi case (1978) that the Supreme Court interpreted this phrase to implicitly mean the American concept of “Due Process of Law,” which requires the law to be just, fair, and reasonable.
Statement 2 is correct: In the A.K. Gopalan Case (1950), the Supreme Court took a narrow, literal view. It held that Article 21 offered protection only against arbitrary executive action (action taken without the authority of law) and not against arbitrary legislative action (unjust laws passed by Parliament).
Statement 3 is correct: In the landmark Justice K.S. Puttaswamy v. Union of India (2017) case, a nine-judge bench unanimously declared that the Right to Privacy is an intrinsic part of the Right to Life and Personal Liberty under Article 21.
Incorrect
Answer: B
Explanation:
Statement 1 is incorrect: The literal meaning of “Procedure Established by Law” (derived from the Japanese Constitution) is that a person can be deprived of life or liberty as long as the state follows a validly enacted law, even if that law is arbitrary. It was only after the Maneka Gandhi case (1978) that the Supreme Court interpreted this phrase to implicitly mean the American concept of “Due Process of Law,” which requires the law to be just, fair, and reasonable.
Statement 2 is correct: In the A.K. Gopalan Case (1950), the Supreme Court took a narrow, literal view. It held that Article 21 offered protection only against arbitrary executive action (action taken without the authority of law) and not against arbitrary legislative action (unjust laws passed by Parliament).
Statement 3 is correct: In the landmark Justice K.S. Puttaswamy v. Union of India (2017) case, a nine-judge bench unanimously declared that the Right to Privacy is an intrinsic part of the Right to Life and Personal Liberty under Article 21.
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Question 7 of 10
7. Question
Consider the following statements with reference to Defamation:
1. In India, defamation can both be a civil wrong and a criminal offense.
2. The law prioritizes the right of free speech in Parliament, even if it means someone might get hurt by what is said.
Which of the above given statements is/are correct?
Correct
Answer: C
Explanation:
Statement 1 is correct: In India Defamation is a crime in both civil and criminal wrong. When civil dispute arises, the case is solved through the tortious liability and awarding the damages. In criminal law the defamation is mentioned in the IPC in Sec 499 & 500.
Defamation as civil wrong is defined as “any intentional false statement either spoken or written, that harms a person’s reputation; decrease the respect, regard or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person”.
Defamation as criminal offense is defined in IPC sec 499 and 500 where punishment is awarded.
Statement 2 is correct: There are special occasions when the law recognizes that the right of free speech outweighs the plaintiffs right to defamation and a defamatory statement made on such occasion is not actionable. Privileges are of two types.
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- Absolute privileges: In matters of these complete immunity is given to person speaking and no action for defamation can lie against him. It includes 3 aspects
a. Parliamentary proceedings: Article 105(2) of the Indian constitution gives immunity to parliamentarians to speak anything during the course of business of parliament and no action would lie against them.
b. Judicial proceedings: This protection has been given to judges under judicial officers protection act of 1850. It also extends to counsels, witnesses, and parties to a suit.
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- Qualified privilege: This privilege is also available and under this, it is necessary that the statement must have been made without a malice i.e a wrongful intention.
Incorrect
Answer: C
Explanation:
Statement 1 is correct: In India Defamation is a crime in both civil and criminal wrong. When civil dispute arises, the case is solved through the tortious liability and awarding the damages. In criminal law the defamation is mentioned in the IPC in Sec 499 & 500.
Defamation as civil wrong is defined as “any intentional false statement either spoken or written, that harms a person’s reputation; decrease the respect, regard or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person”.
Defamation as criminal offense is defined in IPC sec 499 and 500 where punishment is awarded.
Statement 2 is correct: There are special occasions when the law recognizes that the right of free speech outweighs the plaintiffs right to defamation and a defamatory statement made on such occasion is not actionable. Privileges are of two types.
-
- Absolute privileges: In matters of these complete immunity is given to person speaking and no action for defamation can lie against him. It includes 3 aspects
a. Parliamentary proceedings: Article 105(2) of the Indian constitution gives immunity to parliamentarians to speak anything during the course of business of parliament and no action would lie against them.
b. Judicial proceedings: This protection has been given to judges under judicial officers protection act of 1850. It also extends to counsels, witnesses, and parties to a suit.
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- Qualified privilege: This privilege is also available and under this, it is necessary that the statement must have been made without a malice i.e a wrongful intention.
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Question 8 of 10
8. Question
Which of the following statements most appropriately describes the term ‘Republic’?
Correct
Answer: C
Explanation:
Statement A is incorrect: While many republics do not have monarchs, this is not a defining characteristic. Some republics, like Poland, have presidents with significant ceremonial or executive powers, which could be seen as akin to a monarchical role. Additionally, some non-republican states also have no monarchs, like Singapore with its elected president.
Statement B is incorrect: While equality is often a principle of republics, it’s not always guaranteed. Some republics may have unequal access to resources or representation due to various factors. Additionally, non-republics like certain democracies can also strive for and achieve a high degree of equality.
Statement C is correct: This definition captures the core essence of a republic: citizens hold the ultimate power, which is then exercised by representatives chosen through an established process (like elections) dictated by a governing document (constitution).
Statement D is incorrect: Democracy and Republic are not synonymous. While many republics are democracies, where citizens directly or indirectly choose their leaders, there are also non-democratic republics, like some historical socialist states where power was concentrated in a central party or leader, not directly chosen by the people. The key elements of a republic are citizen sovereignty (ultimate power resides with the people) and representation (power exercised through chosen representatives).
Incorrect
Answer: C
Explanation:
Statement A is incorrect: While many republics do not have monarchs, this is not a defining characteristic. Some republics, like Poland, have presidents with significant ceremonial or executive powers, which could be seen as akin to a monarchical role. Additionally, some non-republican states also have no monarchs, like Singapore with its elected president.
Statement B is incorrect: While equality is often a principle of republics, it’s not always guaranteed. Some republics may have unequal access to resources or representation due to various factors. Additionally, non-republics like certain democracies can also strive for and achieve a high degree of equality.
Statement C is correct: This definition captures the core essence of a republic: citizens hold the ultimate power, which is then exercised by representatives chosen through an established process (like elections) dictated by a governing document (constitution).
Statement D is incorrect: Democracy and Republic are not synonymous. While many republics are democracies, where citizens directly or indirectly choose their leaders, there are also non-democratic republics, like some historical socialist states where power was concentrated in a central party or leader, not directly chosen by the people. The key elements of a republic are citizen sovereignty (ultimate power resides with the people) and representation (power exercised through chosen representatives).
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Question 9 of 10
9. Question
Consider the following statements:
1. The 104th Amendment extended reservations for SC and ST seats in Parliament by another decade.
2. The Constitution provides for a separate electorate for the election of Scheduled Castes and Scheduled Tribes.
Which of the statements given above is/are correct?
Correct
Answer: A
Explanation:
Statement 1 is correct: The 104th Constitutional Amendment Act (2019) amended Article 334 of the Constitution. It extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies for another 10 years, until January 25, 2030. (Note: This amendment also discontinued the reservation for the Anglo-Indian community).
Statement 2 is incorrect: The Constitution of India provides for Reserved Constituencies, not a Separate Electorate.
-
- In a Reserved Constituency, all voters in that area vote for the candidate, but only a person belonging to the SC or ST community can contest the election.
- A Separate Electorate(which existed during the British era) meant that only voters of a specific community could vote for candidates of that same community. This system was rejected by the makers of the Indian Constitution in favour of a Joint Electorate to promote national integration.
Incorrect
Answer: A
Explanation:
Statement 1 is correct: The 104th Constitutional Amendment Act (2019) amended Article 334 of the Constitution. It extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies for another 10 years, until January 25, 2030. (Note: This amendment also discontinued the reservation for the Anglo-Indian community).
Statement 2 is incorrect: The Constitution of India provides for Reserved Constituencies, not a Separate Electorate.
-
- In a Reserved Constituency, all voters in that area vote for the candidate, but only a person belonging to the SC or ST community can contest the election.
- A Separate Electorate(which existed during the British era) meant that only voters of a specific community could vote for candidates of that same community. This system was rejected by the makers of the Indian Constitution in favour of a Joint Electorate to promote national integration.
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Question 10 of 10
10. Question
With respect to the Speaker of Lok Sabha, consider the following statements:
1. The salaries and allowances of the Speaker of the Lok Sabha are determined by the Parliament by law.
2. The conduct of the Speaker in the discharge of his/her duties cannot be discussed in the Lok Sabha except upon a substantive motion.
3. When a resolution for the removal of the Speaker is under consideration, he/she is entitled to vote in the first instance.
Which of the statements given above is/are correct?
Correct
Answer: D
Explanation:
Statement 1 is correct: The Salaries and Allowances of Officers of the Parliament Act 1953, governs the Salaries and Allowances of the Chairman/Deputy Chairman of Rajya Sabha and Speaker/Deputy Speaker of the Lok Sabha. Hence it is clear that the salary of the Speaker of the Lok Sabha is determined by the Parliament.
Statement 2 is correct: His/Her work and conduct cannot be discussed and criticised in the Lok Sabha except on a substantive motion for the removal of the Speaker.
Statement 3 is correct: When a resolution of the removal of the Speaker is under consideration, he/she cannot preside at the sitting of the House though he/she may be present, can speak, can take part in the proceedings and can even vote in the first instance.
Incorrect
Answer: D
Explanation:
Statement 1 is correct: The Salaries and Allowances of Officers of the Parliament Act 1953, governs the Salaries and Allowances of the Chairman/Deputy Chairman of Rajya Sabha and Speaker/Deputy Speaker of the Lok Sabha. Hence it is clear that the salary of the Speaker of the Lok Sabha is determined by the Parliament.
Statement 2 is correct: His/Her work and conduct cannot be discussed and criticised in the Lok Sabha except on a substantive motion for the removal of the Speaker.
Statement 3 is correct: When a resolution of the removal of the Speaker is under consideration, he/she cannot preside at the sitting of the House though he/she may be present, can speak, can take part in the proceedings and can even vote in the first instance.
