Daily Prelims Test (Day-4)
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Daily Prelims Test (Day-4)
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Question 1 of 10
1. Question
With reference to the concept of citizenship under the Constitution of India, which one of the following best describes the term ‘citizen’ in the Indian constitutional framework?
Correct
Answer: D
Explanation: The term ‘citizen’ represents more than just a resident or a person born on the soil; it denotes a reciprocal bond between the individual and the State.
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- Membership in a Political Community:A citizen is a constituent member of the Indian polity. This status is defined by a combination of the Constitution (Articles 5–11) and statutory laws, primarily the Citizenship Act of 1955.
- Full Civil and Political Rights:Unlike “aliens” (foreigners), citizens are endowed with a “full suite” of rights. This includes:
- Political Rights:The right to vote (Article 326) and eligibility to hold high offices (President, Vice-President, Judges of the Supreme Court/High Courts, etc.).
- Exclusive Fundamental Rights:Certain rights are reserved only for citizens, such as protection against discrimination (Article 15), equality of opportunity in public employment (Article 16), and the six freedoms under Article 19.
- Allegiance and Responsibility:The relationship is a two-way street. While the State affords protection and rights, the individual pledges allegiance to the nation and is bound to discharge Fundamental Duties (Part IVA).
Incorrect
Answer: D
Explanation: The term ‘citizen’ represents more than just a resident or a person born on the soil; it denotes a reciprocal bond between the individual and the State.
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- Membership in a Political Community:A citizen is a constituent member of the Indian polity. This status is defined by a combination of the Constitution (Articles 5–11) and statutory laws, primarily the Citizenship Act of 1955.
- Full Civil and Political Rights:Unlike “aliens” (foreigners), citizens are endowed with a “full suite” of rights. This includes:
- Political Rights:The right to vote (Article 326) and eligibility to hold high offices (President, Vice-President, Judges of the Supreme Court/High Courts, etc.).
- Exclusive Fundamental Rights:Certain rights are reserved only for citizens, such as protection against discrimination (Article 15), equality of opportunity in public employment (Article 16), and the six freedoms under Article 19.
- Allegiance and Responsibility:The relationship is a two-way street. While the State affords protection and rights, the individual pledges allegiance to the nation and is bound to discharge Fundamental Duties (Part IVA).
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Question 2 of 10
2. Question
With reference to the provisions relating to Preventive Detention under the Constitution of India, consider the following statements:
1. Both Parliament and the State Legislatures have the power to enact laws providing for preventive detention for reasons connected with the security of a State, maintenance of public order, or maintenance of supplies and services essential to the community.
2. Parliament has exclusive power to make laws of preventive detention for reasons connected with the defence of India, foreign affairs, or the security of India.
3. A person detained under a preventive detention law must be informed of the grounds of detention and be afforded the earliest opportunity of making a representation against the order, except in cases where disclosure is considered against public interest.
Which of the statements given above are correct?
Correct
Answer: D
Explanation:
Statement 1 is correct: The legislative power regarding preventive detention is divided between the Union and the States. Under Entry 3 of List III (Concurrent List) of the Seventh Schedule, both Parliament and the State Legislatures have the power to enact laws for preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community.
Statement 2 is correct: Under Entry 9 of List I (Union List), Parliament has the exclusive power to make laws for preventive detention for reasons connected with the defence of India, foreign affairs, or the security of India.
Statement 3 is correct: Article 22(5) of the Constitution mandates that a person detained under a preventive detention law must be informed of the grounds of detention “as soon as may be” and be given the earliest opportunity to make a representation against the detention order. However, Article 22(6) provides an exception: the detaining authority is not required to disclose facts that it considers to be against the public interest to disclose.
Incorrect
Answer: D
Explanation:
Statement 1 is correct: The legislative power regarding preventive detention is divided between the Union and the States. Under Entry 3 of List III (Concurrent List) of the Seventh Schedule, both Parliament and the State Legislatures have the power to enact laws for preventive detention for reasons connected with the security of a State, the maintenance of public order, or the maintenance of supplies and services essential to the community.
Statement 2 is correct: Under Entry 9 of List I (Union List), Parliament has the exclusive power to make laws for preventive detention for reasons connected with the defence of India, foreign affairs, or the security of India.
Statement 3 is correct: Article 22(5) of the Constitution mandates that a person detained under a preventive detention law must be informed of the grounds of detention “as soon as may be” and be given the earliest opportunity to make a representation against the detention order. However, Article 22(6) provides an exception: the detaining authority is not required to disclose facts that it considers to be against the public interest to disclose.
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Question 3 of 10
3. Question
With reference to judicial institutions and their functioning in India, consider the following statements:
1. The office of the Chief Justice of India has been held to be a “public authority” within the meaning of the Right to Information Act.
2. The power to entertain and initiate Public Interest Litigation (PIL) is constitutionally confined only to the Supreme Court of India.
Which of the statements given above is/are correct?
Correct
Answer: A
Explanation:
Statement 1 is correct: In a landmark judgement in 2019, a five-judge Constitution Bench of the Supreme Court held that the Office of the Chief Justice of India (CJI) is a “public authority” under Section 2(h) of the Right to Information (RTI) Act, 2005. The Court ruled that judicial independence and accountability go hand in hand, and transparency does not undermine judicial independence. Consequently, the CJI’s office is now subject to the RTI Act, although disclosures (such as judges’ personal assets) are subject to a case-by-case “public interest” test and privacy protections.
Statement 2 is incorrect: The power to entertain Public Interest Litigation (PIL) is not confined only to the Supreme Court. PILs are extensions of writ jurisdiction, and as such, they can be filed in any High Court under Article 226 as well as in the Supreme Court under Article 32 of the Constitution. While the Supreme Court pioneered the concept through judicial activism (notably by Justices P.N. Bhagwati and V.R. Krishna Iyer), it is a firmly established remedy in both the higher tiers of the Indian judiciary.
Incorrect
Answer: A
Explanation:
Statement 1 is correct: In a landmark judgement in 2019, a five-judge Constitution Bench of the Supreme Court held that the Office of the Chief Justice of India (CJI) is a “public authority” under Section 2(h) of the Right to Information (RTI) Act, 2005. The Court ruled that judicial independence and accountability go hand in hand, and transparency does not undermine judicial independence. Consequently, the CJI’s office is now subject to the RTI Act, although disclosures (such as judges’ personal assets) are subject to a case-by-case “public interest” test and privacy protections.
Statement 2 is incorrect: The power to entertain Public Interest Litigation (PIL) is not confined only to the Supreme Court. PILs are extensions of writ jurisdiction, and as such, they can be filed in any High Court under Article 226 as well as in the Supreme Court under Article 32 of the Constitution. While the Supreme Court pioneered the concept through judicial activism (notably by Justices P.N. Bhagwati and V.R. Krishna Iyer), it is a firmly established remedy in both the higher tiers of the Indian judiciary.
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Question 4 of 10
4. Question
With reference to the reorganisation of States in independent India, consider the following statements:
1. The Dhar Commission recommended that States should be reorganised primarily on the basis of administrative convenience rather than on linguistic considerations.
2. The JVP Committee initially opposed the immediate reorganisation of States on a purely linguistic basis, emphasizing national unity and administrative stability.
3. The States Reorganisation Commission recognised language as an important, though not the sole, factor in State reorganisation, which subsequently culminated in the States Reorganisation Act, 1956.
How many of the statements given above are correct?
Correct
Answer: C
Explanation:
Statement 1 is correct: The Linguistic Provinces Commission (headed by S.K. Dhar, 1948) was appointed to examine the feasibility of linguistic states. It strongly recommended that the reorganization of states should be based on administrative convenience rather than linguistic considerations, fearing that language-based provinces might threaten national integration.
Statement 2 is correct: Following the Dhar Commission’s report, the JVP Committee (consisting of Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya) was formed in 1948. It also initially rejected language as the basis for reorganization, emphasizing that the primary considerations must be national security, unity, and economic prosperity in the wake of Partition.
Statement 3 is correct: The States Reorganisation Commission (Fazal Ali Commission, 1953) accepted language as a major basis for reorganization but rejected the theory of “one language, one state,” balancing it with administrative and economic factors. This led to the States Reorganisation Act, 1956. Notably, the Andhra State had already been carved out of the Madras State in October 1953 (following the death of Potti Sriramulu), making it the first linguistic state created before the commission’s recommendations were fully implemented.
Incorrect
Answer: C
Explanation:
Statement 1 is correct: The Linguistic Provinces Commission (headed by S.K. Dhar, 1948) was appointed to examine the feasibility of linguistic states. It strongly recommended that the reorganization of states should be based on administrative convenience rather than linguistic considerations, fearing that language-based provinces might threaten national integration.
Statement 2 is correct: Following the Dhar Commission’s report, the JVP Committee (consisting of Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya) was formed in 1948. It also initially rejected language as the basis for reorganization, emphasizing that the primary considerations must be national security, unity, and economic prosperity in the wake of Partition.
Statement 3 is correct: The States Reorganisation Commission (Fazal Ali Commission, 1953) accepted language as a major basis for reorganization but rejected the theory of “one language, one state,” balancing it with administrative and economic factors. This led to the States Reorganisation Act, 1956. Notably, the Andhra State had already been carved out of the Madras State in October 1953 (following the death of Potti Sriramulu), making it the first linguistic state created before the commission’s recommendations were fully implemented.
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Question 5 of 10
5. Question
With reference to the office of the Pro-tem Speaker in the Indian parliamentary system under the Constitution of India, consider the following statements:
Statement–I: A Pro-tem Speaker is appointed for a temporary period to administer the oath to newly elected members and to preside over the sitting of the House until a regular Speaker is elected.
Statement–II: The Constitution expressly mandates that the senior-most member of the House shall be appointed as the Pro-tem Speaker.
Which one of the following is correct in respect of the above statements?
Correct
Answer: C
Explanation:
Statement–I is correct: The office of the Speaker Pro-tem is a temporary one. Under Article 95(1) (for Lok Sabha) and Article 180(1) (for State Assemblies), the President/Governor appoints a member of the House to perform the duties of the Speaker when the office is vacant. The primary duties are to administer the oath to newly elected members and to preside over the election of the new Speaker. Once the regular Speaker is elected, the office of the Speaker Pro-tem ceases to exist.
Statement–II is incorrect: The Constitution of India does not expressly mandate that the senior-most member must be appointed. The Constitution simply states that the President/Governor may appoint “such member of the House as he may appoint for the purpose.” However, there is a long-standing parliamentary convention (not a constitutional mandate) to appoint the senior-most member (in terms of number of terms served) to this position.
Hence Statement-I is correct and Statement-II is incorrect.
Incorrect
Answer: C
Explanation:
Statement–I is correct: The office of the Speaker Pro-tem is a temporary one. Under Article 95(1) (for Lok Sabha) and Article 180(1) (for State Assemblies), the President/Governor appoints a member of the House to perform the duties of the Speaker when the office is vacant. The primary duties are to administer the oath to newly elected members and to preside over the election of the new Speaker. Once the regular Speaker is elected, the office of the Speaker Pro-tem ceases to exist.
Statement–II is incorrect: The Constitution of India does not expressly mandate that the senior-most member must be appointed. The Constitution simply states that the President/Governor may appoint “such member of the House as he may appoint for the purpose.” However, there is a long-standing parliamentary convention (not a constitutional mandate) to appoint the senior-most member (in terms of number of terms served) to this position.
Hence Statement-I is correct and Statement-II is incorrect.
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Question 6 of 10
6. Question
With reference to the grounds on which the State may impose reasonable restrictions on the Right to Freedom of Speech and Expression under Article 19(1)(a) of the Constitution of India, consider the following:
1. Defamation
2. Incitement to protest
3. Public order
4. Decency or morality
5. Sedition (as an offence relating to security of the State)
How many of the above are not constitutionally recognised grounds under Article 19(2)?
Correct
Answer: A
Explanation:
As per Article 19(2), following are the grounds for imposing reasonable restrictions on free speech by law:
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- interests of the sovereignty and integrity of India,
- the security of the State,
- friendly relations with foreign States,
- public order,
- decency,
- morality,
- in relation to contempt of court,
- defamation,
- incitement to an offence
Incorrect
Answer: A
Explanation:
As per Article 19(2), following are the grounds for imposing reasonable restrictions on free speech by law:
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- interests of the sovereignty and integrity of India,
- the security of the State,
- friendly relations with foreign States,
- public order,
- decency,
- morality,
- in relation to contempt of court,
- defamation,
- incitement to an offence
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Question 7 of 10
7. Question
With reference to the constitutional developments under the Government of India Act 1935, consider the following statements:
Statement–I: The Act proposed the establishment of an All-India Federation comprising British Indian Provinces and the Princely States, subject to the accession of the latter.
Statement–II: The Act introduced provincial autonomy by abolishing dyarchy in the Provinces and vesting executive authority in ministries responsible to the provincial legislatures, though the Governor retained special discretionary powers.
Which one of the following is correct in respect of the above statements?
Correct
Answer: B
Explanation:
Statement–I is correct: The Act provided for the establishment of an All-India Federation consisting of British Indian Provinces and Princely States as units. However, this federation never came into being because the Princely States did not sign the “Instruments of Accession” required for its formation.
Statement–II is correct: The Act abolished dyarchy in the provinces (introduced by the 1919 Act) and introduced Provincial Autonomy in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres. It established responsible government in provinces, meaning the Governor was required to act with the advice of ministers responsible to the provincial legislature. However, the Governor still held “special responsibilities” and discretionary powers.
While both statements are factually accurate descriptions of the 1935 Act, Statement–II (dealing with provincial executive structure) does not explain Statement–I (the proposal for a federal union). The Federation was about the structural relationship between the Centre and the States, whereas Provincial Autonomy was about the internal governance of the provinces.
Incorrect
Answer: B
Explanation:
Statement–I is correct: The Act provided for the establishment of an All-India Federation consisting of British Indian Provinces and Princely States as units. However, this federation never came into being because the Princely States did not sign the “Instruments of Accession” required for its formation.
Statement–II is correct: The Act abolished dyarchy in the provinces (introduced by the 1919 Act) and introduced Provincial Autonomy in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres. It established responsible government in provinces, meaning the Governor was required to act with the advice of ministers responsible to the provincial legislature. However, the Governor still held “special responsibilities” and discretionary powers.
While both statements are factually accurate descriptions of the 1935 Act, Statement–II (dealing with provincial executive structure) does not explain Statement–I (the proposal for a federal union). The Federation was about the structural relationship between the Centre and the States, whereas Provincial Autonomy was about the internal governance of the provinces.
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Question 8 of 10
8. Question
With reference to the Regulating Act of 1773, consider the following statements:
1. It provided for the establishment of a Supreme Court at Calcutta.
2. It distinguished between the commercial and political functions of the Company.
3. It made the Governors of Bengal and Madras presidencies subordinate to the Governor-General of Bombay.
Which of the statements given above is/are correct?
Correct
Answer: A
Explanation:
Statement 1 is correct: It provided for the establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three other judges.
Statement 2 is incorrect: Pitt’s India Act of 1784 distinguished between the commercial and political functions of the Company.
Statement 3 is incorrect: Regulating Act of 1773 designated the Governor of Bengal as the ‘Governor-General of Bengal’ and created an Executive Council of four members to assist him. The first such Governor-General was Lord Warren Hastings. It made the Governors of Bombay and Madras presidencies subordinate to the Governor-General of Bengal, unlike earlier when the three presidencies were independent of one another.
Incorrect
Answer: A
Explanation:
Statement 1 is correct: It provided for the establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three other judges.
Statement 2 is incorrect: Pitt’s India Act of 1784 distinguished between the commercial and political functions of the Company.
Statement 3 is incorrect: Regulating Act of 1773 designated the Governor of Bengal as the ‘Governor-General of Bengal’ and created an Executive Council of four members to assist him. The first such Governor-General was Lord Warren Hastings. It made the Governors of Bombay and Madras presidencies subordinate to the Governor-General of Bengal, unlike earlier when the three presidencies were independent of one another.
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Question 9 of 10
9. Question
Consider the following:
Statement-I: The Constitution of India uses the phrase ‘Union of States’ instead of ‘Federation of States’.
Statement-II: The Indian Federation is the result of an agreement among the states.
Which one of the following is correct in respect of the above statements?
Correct
Answer: C
Explanation:
Statement-I is correct: Article 1 of the Constitution of India describes India as a “Union of States” and not a “Federation of States”.
Statement-II is incorrect: The Indian Federation is not the result of an agreement among the states. Unlike the USA, Indian states do not have a right to secede, and the federation was created by the Constitution itself, not by a compact between states.
Incorrect
Answer: C
Explanation:
Statement-I is correct: Article 1 of the Constitution of India describes India as a “Union of States” and not a “Federation of States”.
Statement-II is incorrect: The Indian Federation is not the result of an agreement among the states. Unlike the USA, Indian states do not have a right to secede, and the federation was created by the Constitution itself, not by a compact between states.
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Question 10 of 10
10. Question
Being a sovereign state, India can acquire foreign territories according to the modes recognized by international law. In this context which of the following statements is/are correct?
1. Territory gifted by a foreign country.
2. Territory acquired through conquest.
Select the correct answer using the code given below:
Correct
Answer: C
Explanation: Under international law, a sovereign state can acquire foreign territory through several recognized modes, including:
1. Cession (Gift): Territory can be transferred by one country to another through a treaty or agreement (e.g., gifting or ceding territory).
2. Conquest Traditionally recognized as a mode of acquisition of territory through war and annexation (as mentioned in standard Indian Polity texts).
Incorrect
Answer: C
Explanation: Under international law, a sovereign state can acquire foreign territory through several recognized modes, including:
1. Cession (Gift): Territory can be transferred by one country to another through a treaty or agreement (e.g., gifting or ceding territory).
2. Conquest Traditionally recognized as a mode of acquisition of territory through war and annexation (as mentioned in standard Indian Polity texts).
