Daily Prelims Test (Day-9)

Answer: B

Explanation:

Statement 1 is incorrect: Indian constitution does not define sedition. Section 124A of IPC explains the sedition as whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Statement 2 is correct: The law was originally drafted in 1837 by Thomas Macaulay, the British historian-politician, but was inexplicably omitted when the Indian Penal Code (IPC) was enacted in 1860. Hence it can be inferred that the Sedition was not a crime in the statute books when IPC was drafted by Thomas Macaulay.

Statement 3 is correct: Section 124A was inserted in the Indian Penal Code (IPC) by an amendment introduced by James Stephen in 1870 to deal with the offence.

Answer: A

Explanation:

Statement-I is correct: This is the core mandate of Section 3 of the Places of Worship (Special Provisions) Act, 1991. It explicitly prohibits the conversion of any place of worship of one religious denomination into that of another denomination or even a different section within the same denomination.

Statement-II is correct: Under Section 4(1), the Act declares that the religious character of a place of worship “shall continue to be the same as it existed” on 15th August 1947.

Correct Explanation: Statement-II provides the basis and the timeframe (the cut-off date) for the prohibition mentioned in Statement-I. By freezing the religious character as it stood on the day of India’s independence, the Act provides the legal standard that makes any subsequent conversion (prohibited in Statement-I) illegal.

Answer: A

Explanation:

Statement-I is correct: The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption.

Statement-II is correct: Article 44 of the Constitution lays down that the state shall endeavor to secure a UCC for the citizens throughout the territory of India. Article 44 is one of the Directive Principles of State Policy (DPSP). The purpose behind Article 44 is to strengthen the object of “secular democratic republic” as enshrined in the Preamble of the Constitution.

Statement-II is the correct explanation of Statement-I.

Answer: B

Explanation:

1. Ensuring adequate rest and access to cultural activities for all workers: Article 41 mentions “right to work” and Article 42 emphasizes “just and humane conditions of work.” These principles indirectly relate to ensuring well-being and opportunities for workers, but don’t directly mention cultural activities or leisure.

2. Establishing a common set of personal laws for all Indian citizens: This is not a Gandhian principle. While Gandhi advocated for equality and interfaith harmony, he didn’t explicitly call for a uniform civil code, which could be seen as imposing uniformity on diverse communities.

3. Fostering self-sufficiency and economic development in rural areas: This aligns with Gandhian principles of Swadeshi (self-sufficiency) and upliftment of rural communities. Article 43 of the DPSP mentions “promotion of cottage industries on an individual or cooperative basis in rural areas,” which reflects this principle.

4. Strengthening grassroots democracy: This aligns with Gandhian principles of decentralization and empowering communities. Article 40 of the DPSP mentions “organizing village Panchayats,” which reflects this principle.

Therefore, only statements 3 and 4, fostering self-sufficiency in rural areas and strengthening grassroots democracy, align with Gandhian principles reflected in the DPSP.

Answer: A

Explanation:

The main purpose of an adjournment motion is to draw attention to a matter of urgent public importance and to suspend normal business in the House. It is a formal procedure that can be used in the Indian parliament to address serious matters that require immediate attention.

Statement-I is correct: An adjournment motion can be introduced in Lok Sabha to draw the attention of the Lok Sabha and the nation to a matter of urgent public importance. It can only be admitted if it has the support of 50 members.

Statement-II is correct: An adjournment motion cannot be introduced in the Rajya Sabha because it is considered a censure against the government, and the Rajya Sabha, being the Upper House, does not have the power to directly censure the government; this function is primarily reserved for the Lok Sabha where such motions can be introduced and debated upon. Therefore, Statement-II explains Statement-I correctly.

Answer: C

Explanation:

In case of a money bill, a prior recommendation of the President is needed. Any bill concerning only provisions included in Article 110 of the Constitution is known as the Money bill. According to Article 110 of the Constitution, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely

a) the imposition, abolition, remission, alteration or regulation of any tax;

b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;

c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such Fund;

d) the appropriation of moneys out of the Consolidated Fund of India;

e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

g) any matter incidental to any of the matters specified in sub clause (a) to (f)

Hence all the statements given are correct.

Answer: B

Explanation:

Presence of both the nominal and real executive: This is a correct feature. In India, the President is the nominal (titular) executive, while the Prime Minister and the Council of Ministers are the real executive.

Every citizen has a fair chance to compete for government jobs: This is incorrect as a feature of the parliamentary form of government. While this principle exists in India under Article 16 (Right to Equality), it is a Fundamental Right or a feature of a democratic/republican state, not specifically a defining characteristic of the parliamentary system itself.

The government is a cohesive unit accountable to the legislative body: This is a correct feature. This refers to the principle of Collective Responsibility, where the Council of Ministers acts as a team and remains accountable to the Lok Sabha (Legislature). If the legislature loses confidence in the government, the entire cabinet must resign.

Answer: B

Explanation:

Rigid Constitution: This is a federal feature. A rigid constitution ensures that provisions related to the federal structure (like Centre-state relations) cannot be changed unilaterally by the central government; they require the joint action of both the Parliament and state legislatures.

Supremacy of the Constitution: This is a federal feature. In a federation, the Constitution is the supreme law from which both the central and state governments derive their authority. Any law that violates its provisions can be struck down by the judiciary to maintain this federal balance.

Indestructible States: This is incorrect as a federal feature for India. In a true federation like the USA, states have territorial integrity and are indestructible. However, the Indian Constitution describes an “indestructible Union of destructible states.” Under Article 3, the Parliament can unilaterally change the area, boundaries, or name of any state without their consent, which is a unitary feature.

All-India Services: This is a unitary feature. Members of the IAS, IPS, and IFoS are recruited and trained by the Centre but serve in the states. This allows the central government to maintain a degree of control over the state administration, which violates pure federal principles.

Answer: C

Explanation:

Doctrine of Pith & Substance: The doctrine of pith and substance is a legal principle that helps determine the true nature of a law. It’s used in constitutional law to resolve conflicts between different levels of government. It also determines whether a particular law relates to a particular subject (mentioned in Seventh Schedule). The theory was originally accepted in the Canadian Constitution, and it was approved in India prior to independence with the Government of India Act of 1935.

Additional Information:

• • Doctrine of Severability: It is also known as the separability doctrine, because it safeguards citizens’ fundamental rights. According to clause (1) of Article 13 of the Constitution, if any of the laws enacted in India are inconsistent with the principles of fundamental rights, they will be declared void to the degree of the inconsistency. The Doctrine of Severability originated in England, namely in the case of Nordenfelt v. Maxim Nordenfelt Guns and Ammunition Company Ltd., where the problem concerned a trade clause.
  • Doctrine of Colourable Legislation: This Doctrine is also called “Fraud on the Constitution”. The Doctrine of Colourable Legislation applies when a legislature lacks the authority to create law on a specific subject but does so indirectly.
  • Doctrine of Harmonious Construction: The word harmonic construction refers to a construction that achieves harmony or oneness among the many sections of an enactment. When the terms of a statutory provision have more than one meaning and it is unclear which meaning should prevail, they should be interpreted so that each has a distinct consequence, and neither is redundant or nullified. The doctrine’s evolution can be traced back to the first amendment to the Indian Constitution, with the seminal case of Shankari Prasad v. Union of India.

Answer: D

Explanation:

Statement 1 is incorrect: ‘Governor of Bengal’ was designated as ‘Governor-General of Bengal’ through the Regulating Act of 1773. Lord Warren Hastings became the first Governor-General of Bengal. Through the Charter Act of 1833, ‘Governor-General of Bengal’ was designated as ‘Governor-General of India. Lord William Bentick became the first Governor-General of India.

Statement 2 is incorrect: Charter Act of 1853 introduced local representation in the Indian (Central) Legislative Council. Of the six new legislative members of the Governor-General’s council, four members were appointed by the local(provincial) governments of Madras, Bombay, Bengal and Agra.

Statement 3 is incorrect: The Charter Act of 1833 attempted to introduce a system of open competition for selection of civil servants. However, this provision was negated after opposition from the Court of Directors. In the Charter Act of 1853, Macaulay Committee (the committee on the Indian Civil Service) was appointed in 1854 to introduce an open competition system of selection and recruitment of civil servants. Thus, it was open to Indians also.

Statement 4 is incorrect: Charter Act of 1793 laid down that the members of the Board of Control were to be paid out of the Indian revenues.