PREFACE

Curiosity is fundamental to human existence and while preparing for one of the toughest exams,
one is naturally curious as to how to learn and practice for gateway (PRELIMS) to civil services
dream.
Thus, to satisfy this eagerness of an aspirant and help one prepare for UPSC prelims thoroughly
we have the best possible solution for you i.e. PRAYAS- PRACTICE WORK BOOK. It is
based on "reverse engineering technique" of analysing the syllabus of Polity in elementary
form.
Covering any subject completely is always a tedious task but PRAYAS has been framed
with an innovative approach of completing the syllabus comprehensively through 760+
MCQs along with solution. It will help candidates to revise the concepts, facts and figures
related to Polity, eventually catalysing their efforts to clear arduous phase of prelims.
We sincerely hope, PRAYAS will serve as a valuable guide and companion for the aspirants
who are preparing for the Polity section of the UPSC prelims exam.
 1

INDEX

1. HISTORICAL BACKGROUND............................................................................................................................ 2
2. SALIENT FEATURES OF CONSTITUTION ........................................................................................................ 15
3. AMENDMENT TO CONSTITUTION ................................................................................................................ 30
4. PREAMBLE................................................................................................................................................... 44
5. MAKING OF CONSTITUTION ........................................................................................................................ 51
6. FUNDAMENTAL RIGHTS ............................................................................................................................... 58
7. DIRECTIVE PRINCIPLES OF STATE POLICY ..................................................................................................... 77
8. FUNDAMENTAL DUTIES ............................................................................................................................... 90
9. FEDERAL SYSTEM, PARLIAMENTARY SYSTEM............................................................................................... 97
10. BASIC STRUCTURE, UNION AND ITS TERRITORY ..........................................................................................111
11. CENTRE STATE RELATIONS ..........................................................................................................................119
12. INTER-STATE RELATIONS ............................................................................................................................129
13. PARLIAMENT ..............................................................................................................................................134
14. SUBORDINATE COURTS, TRIBUNALS GRAM NYAYALAYA ACT, NATIONAL AND STATE LEGAL SERVICE
AUTHORITY ................................................................................................................................................149

15. STATE LEGISLATURE ...................................................................................................................................154

16. PRESIDENT, VICE-PRESIDENT, PRIME MINISTER ..........................................................................................164
17. GOVERNOR, CHIEF MINISTER......................................................................................................................170
18. SUPREME COURT, HIGH COURT ..................................................................................................................177
19. UNION COM, CABINET SECRETARY, STATE COM, CHIEF SECRETARY ............................................................186
20. ANTI-DEFECTION LAWS, 5TH & 6TH SCHEDULE ...........................................................................................194
21. ELECTION COMMISSION OF INDIA AND COMPTROLLER AND AUDITOR GENERAL (CAG) .............................200
22. ATTORNEY GENERAL OF INDIA, ADVOCATE GENERAL OF THE STATE...........................................................208
23. FINANCE COMMISSION, NATIONAL COMMISSION FOR BACKWARD CLASSES .............................................217
24. NATIONAL COMMISSION FOR SCHEDULED CASTES AND NATIONAL COMMISSION FOR SCHEDULED TRIBES
...................................................................................................................................................................226

25. SPECIAL OFFICER FOR LINGUISTIC MINORITIES, UNION PUBLIC SERVICE COMMISSION AND STATE PUBLIC
SERVICE COMMISSION ...............................................................................................................................234

26. UNION TERRITORY, SPECIAL STATUS OF STATES & PROVISION ...................................................................244

27. PANCHAYATS, MUNICIPALITY .....................................................................................................................246
28. NITI AAYOG, NATIONAL DEVELOPMENT COUNCIL, NATIONAL HUMAN RIGHT COMMISSION, AND STATE
HUMAN RIGHT COMMISSION .....................................................................................................................254

29. CENTRAL BUREAU OF INVESTIGATION, CENTRAL VIGILANCE COMMISSION, LOKPAL AND LOKAYUKTAS,
STATE INFORMATION COMMISSION, CENTRAL INFORMATION COMMISSION ............................................... 1
 2

Historical Background
o Separated provincial budget from the
Q.1) Ans: C Central budget.
Exp:
● Statement 1 is correct: The System of Budget
was introduced in 1860 during the tenure of Q.2) Ans: A
Lord Canning. Exp:
Important events occurred during the tenure of ● Statement 1 is correct:
Lord Canning: The important provisions of the Regulating Act,
1773 were:
o Revolt of 1857.
o Indian Councils Act, 1861. o Designated the Governor of Bengal as the
o Introduction of Portfolio system in 1859. Governor General of Bengal and provided
o White Mutiny by European troops in 1859. with him the Executive Council of four
● Statement 2 is incorrect: Discussion on Budget members. Lord Warren Hastings was the
was allowed in the Indian Councils Act, 1892 first such Governor General.
but it was not voted upon. It was only in the o Made the presidencies of Bombay and
Government of India Act, 1909 that voting was Madras entirely subordinate to the
allowed in certain items of the Budget only. Governor-General of Bengal.
Hence only a limited portion of them could be o Provided for the establishment of the
voted upon. Budget as a whole was still not Supreme Court in Calcutta with Sir Elijah
subjected to voting. Imphey as the Chief Justice.
● Statement 3 is correct: Provincial budget was o Increased the control of British
separated from the federal budget in the GOI Government over the Company.
Act, 1919. o Prohibited the servants of the company
Other provisions of the Government of India Act, from engaging in any private trade.
1919 (Montagu-Chelmsford reforms) are as ● Statement 2 is incorrect: The Jurisdiction of
follows: the Supreme Court was specifically outlined by
the Amending Act of 1781. As per which the
o Divided the subjects between the Central
Supreme Court was to have jurisdiction over all
and Provincial legislatures.
the residents of Calcutta. Muslim subjects
o Introduced Dyarchy at the provinces
were to be tried with the Mohammedan law
(Provincial subjects were divided into
while the Hindu subjects were to be tried as
transferred and reserved)
per the Hindu law.
o Introduced bicameralism in the Indian
● Statement 3 is incorrect: The Federal Court
Legislative Council.
was set up as per the provisions of the
o Extended separate electorates for the
Government of India Act, 1935 and not as per
Sikhs, Indian Christians, Anglo-Indians
the Montagu Chelmsford Reforms (1919).
and Europeans.
o Provided for the establishment of Central
Q.3) Ans: C
Public Service Commission (set up in 1926)
Exp:
on the recommendation of the Lee
Commission. ● Statement 1 is incorrect: Act provided for the
establishment of the All-India Federation
 3

comprising the Provinces and the princely ● Statement 1 is correct: The Charter Act of
states. Since the princely states did not join 1833 deprived the Governors of Madras and
hence such a federation was never Bombay presidencies of their legislative
operationalized. powers. Only the Governor General of India
● Statement 3 is incorrect: Act abolished had exclusive legislative powers for the entire
Dyarchy at the provincial level (introduced in territory of British India. Hence, Centralization
the provinces in 1919) and introduced Dyarchy reached its peak from this Act.
at the centre Level (Division of Federal subjects ● Statement 2 is incorrect: The Charter Act of
into two categories- Reserved and 1833 attempted to introduce a system of open
Transferred). Provincial autonomy was competition for selection of members of the
introduced at the provinces while the Dyarchy Civil Services and explicitly stated that Indians
at the Federal level was not operationalized. should not be debarred from holding any
office. However, due to opposition from the
Court of Directors, this provision was never
operationalised. It was only with the Charter
Act of 1853 that the system of open
competition for the recruitment of civil
servants came into being.

Q.5) Ans: C
● Statement 5 is incorrect: The Council of India
Exp:
provided to assist the Secretary of State was
abolished. The Secretary of State was provided ● Statement 3 is incorrect: The System of Budget
with a team of advisors. His powers were not was introduced in 1860 during the tenure of
increased Lord Canning and hence was not brought
through the Indian Councils Act, 1861.
● Statement 2, 4 and 6 are correct: The act
provided for setting up- Federal public service ● Statement 1,2 and 4 are Correct:
commission, provincial public service The main provisions of the Indian Councils Act,
commission, joint public service commission, 1861 are as follows:
federal court, Reserve Bank of India o Local representation in the Legislative
● It divided the powers between the centre and Council was provided by the Indian Council
units in terms of three lists- Federal list, Act, 1861. Lord Canning (first Viceroy of
provincial list and the concurrent list. India) nominated three Indians to the
o Residuary powers were given to the Indian Legislative Council- Raja of Benaras,
Viceroy. However, this federation Sir Dinkar Rao, and Maharaja of Patiala.
never fructified since princely states o Provided for the establishment of
did not join it. legislative councils for Bengal, NWFP and
● The Act 1935 confirmed that separation of Punjab.
Burma from India would occur on April 1, o Initiated the process of decentralization by
1937, ending 51 years of the country being allowing Bombay and Madras presidencies
ruled as a province of India. to enact legislations.
o Gave recognition to the portfolio system
introduced by Lord Canning in 1859.
Q.4) Ans: A
Exp:
 4

Q.6) Ans: C
Exp:
● Statement 1 is incorrect: The non-official
majority was allowed at the provincial level by
the Government of India Act, 1909. However,
retained the official majority at the Central
level. The size of the legislative councils both at
the central and the provincial levels were ● Statement 2 is correct: Governor General, in
increased considerably as per the Government the name of His majesty, had full powers to
of India Act, 1909. give assent to the bills.
The other important provisions of the Government ● Statement 3 is correct: It abolished the office
of India Act, 1909 (Morley-Minto reforms) are as of Secretary of state and transferred his
follows: functions to the office of secretary of state for
commonwealth affairs.
o Provided for the association of Indians
The main provisions of the Indian Independence
with the executive councils of the Viceroy
Act, 1947 are as follows:
at the Federal level and the Governors at
the provincial levels. Satyendra Prasad o It ended British rule and made India into a
Sinha was the first Indian to join it. He was sovereign and independent state on
appointed as the Law Member. August 15, 1947.
o It introduced the system of Communal o Caused the partition of India into two
electorates and hence Lord Minto was dominions of India and Pakistan, with the
known as the “Father of Communal right to secede from the British
Electorate”. Commonwealth.
o Increased the deliberative functions of the o Abolished the office of Viceroy and
legislative councils. Allowed asking of provided for the Governor General for
supplementary questions, moving each dominion, who was to be appointed
resolutions on budgets, etc. by the British King. He was the nominal
● Statement 2 is incorrect: Direct elections were head to act on the advice of the Dominion
introduced for the first time by the cabinet.
Government of India Act, 1919. It allowed o Abolished the office of the Secretary of
franchise on a certain criterion of tax, property State for India.
and education. o Ended the British paramountcy over the
princely states
o Empowered the Constituent Assembly of
Q.7) Ans: B
the two dominions to legislate for
Exp:
themselves till the adoption of the new
● Statement 1 is incorrect: It abolished the office
Constitution.
of Viceroy and provided for the Governor
o Abolished the right of the British monarch
General for each dominion, who was to be
to veto bills. Governor General, in the
appointed by the British King. It abolished the
name of His majesty, had full powers to
right of the British monarch to veto bills.
give assent to the bills.

Q.8) Ans: B
Exp:
 5

● Statement 1 is incorrect: The Charter Act of Exp:

1793 provided for the payment of members of The Indian Independence Act 1947 ended the
the Board of Control charged to the company. British rule in India and declared India as an
Pitt’s India Act, 1784 was instrumental as it independent and sovereign state from August 15,
provided for the creation of the Board of 1947.
Control to look after the civil and military • Statement 1 is Correct: designated the
affairs. It separated the commercial functions Governor-general of India and provincial
from the administrative functions. governor as constitutional (nominal) heads of
● Statement 2 is correct: The Charter Act of 1813 the states. They were made to act on advice of
empowered the local government to levy respective council of ministers in all matters
taxes. Other provisions of the Charter Act of • Statement 2 is Incorrect: It provided for the
1813: governance of each of the dominions and the
o Ended the monopoly of the company to provinces by the Government of India Act of
trade with India. However, it still retained 1935, till the new Constitutions were framed.
its monopoly over tea trade and trade with The dominions were however authorised to
China. make modifications in the Act.
o Allowed Christian missionaries to • Statement 3 is Correct: The Assembly also
propagate their religion. became a legislative body. In other words, two
o A sum of one lakh rupees was set aside for separate functions were assigned to the
the promotion of education. Assembly, that is, making of the Constitution
● Statement 3 is incorrect: An all-white seven- for free India and enacting ordinary laws for
member commission was established under the country.
the chairmanship of Sir John Simon to report
into the working of Government of India Act, Q.10) Ans: D
1919. It submitted its report in 1930. The Exp:
commission recommended the abolition of ● Statement 1 is incorrect: The dual system of
dyarchy at the provinces, establishment of All government was introduced by the Pitt’s India
India federation of provinces and princely Act, 1784 where the Court of Directors of the
states, continuation of communal electorate. Company were to look after the commercial
● Statement 4 is incorrect: Ramsay MacDonald, affairs of the Company while the Board of
British Prime Minister came with the Control was responsible for civil, military and
Communal Award in 1932 which extended the revenue functions of the Company.
system of separate electorate for the ● Statement 2 is incorrect: The Act of 1786 was
depressed classes. Mahatma Gandhi enacted to extend special privileges to Lord
undertook fast unto death in opposition to the Cornwallis. He was made both the governor
communal award and this finally culminated in general and the commander-in-chief. Later this
the signing of the Poona Pact between the power was extended to all the future governor
Mahatma Gandhi and Dr. B.R. generals.
Ambedkar. However, Lord Minto was known
as the father of communal electorate after he Q.11) Ans: C
came up with the separate electorate for the Exp:
Muslims in the Government of India Act, 1909. Option A is incorrect: The Montagu
Chelmsford reforms or the Government of
Q.9) Ans: B India Act, 1919 introduced bicameralism at the
central level.
 6

● Option B is incorrect: Ordinance making power o The Board of Control was abolished by the
was extended to the viceroy by the Indian Government of India Act, 1858 and was
Councils Act, 1861. established by the Pitt’s India Act of 1784.
● Option C is correct: The elected members were o Separate Electorates for the Women was
indirectly elected by the members of the introduced by the Government of India
electoral college. Local bodies elected the Act, 1935.
members of the electoral college, who further o The provision for the establishment of the
elected the members of the provincial Federal Court was provided in the
legislatures who in turn elected the members Government of India Act, 1935. The Court
of the central legislature. was formally established in 1937.
● Option D is incorrect: Formation of Muslim o The Vernacular Press Act was passed by
League occurred in December 1905 by Nawab Lord Lytton in 1878. It was called the
Salimullah of Dacca, Nawab Mohsin-ul-Mulk ‘gagging act’ for imposing severe
and Waqar-ul- Mulk. Hence, Muslim League restrictions on Indian language
preceded the Act of 1909. newspapers.

Q.12) Ans: D
Exp:
● Statement 1 is incorrect: The office of the
secretary of state was created in the
Government of India Act, 1858. Hence, it was
not created before the revolt of 1857.
● Statement 2 is incorrect: Board of Control and o The report of the Simon Commission was
the Court of Directors which provided for the laid in 1930.
dual system of government in the Regulating Hence, the correct sequence is 2-5-1-6-3-4.
Act of 1773 was abolished by the Government
of India Act,1858. Hence, the Secretary of State Q.14) Ans: B
was not the head of the Board of Control. He Exp:
was a member of the British cabinet and ● Statement 1 is incorrect: The division of
oversaw the entire Indian administration. subjects into the three lists were provided for
● Statement 3 is incorrect: The office of the in the Government of India Act, 1935. All the
Secretary of State was abolished in the Indian residuary powers were under the control of
Independence Act of 1947. The council of India the Governor General.
which was established in the Government of ● Statement 2 is correct: The provision for
India Act, 1858 to assist the Secretary of state establishment of a federal public service
was abolished in the Government of India Act, commission, provincial public service
1935. commission and joint public service
commission for two or more provinces was
Q.13) Ans: C given by the Government of India, 1935.
Exp:
● Option C is correct:
o The direct elections were introduced by
the Government of India Act, 1919 or the
Montagu Chelmsford reforms. Q.15) Ans: B
Exp:
 7

● Option A is incorrect: National Flag was administered by the governor with the aid of
adopted by the Constituent Assembly on the ministers responsible to the legislative council
22nd July 1947. Hence, it was adopted before and reserved subjects which were
independence. administered by the governor and his
● Option B is correct: The Ninth Schedule was executive council without being responsible to
inserted as a result of the 1st Constitutional the legislative council.
Amendment in 1951. It was added to shield the
laws placed in from Judicial Review.
● Option C is incorrect: The idea of Concurrent
list in the Indian Constitution has been
borrowed from the Constitution of Australia.
● Option D is incorrect: The discussions on the
● Statement 2 is incorrect: Distinguishing
Round Table Conferences led to the enactment
between commercial and political function of a
of the Government of India Act, 1935. The
company was known as Double government
Poona Pact was signed in 1930 between
system. It was introduced by the Pitt’s India Act
Mahatma Gandhi and Dr. B.R. Ambedkar after
1784. It allowed the Court of directors to
the announcement of the Communal Award.
manage commercial affairs and created a new
body called the Board of Control to manage
Q.16) Ans: C
Political affairs.
Exp:
● Statement 3 is correct: Government of India
● Statement 1 is incorrect: The Constitution of
act 1935 recommended for adoption of
India not only is a legal document that outlines
dyarchy at centre. But this provision never
the laws that would govern the country but
came into operation.
also at the same time it adheres to certain
political philosophies as well like those of
Q.18) Ans: B
freedom, equality, social justice, etc. Hence, it
Exp:
is a mixture of the two.
● Statement 1 is incorrect: It was Indian council
● Statement 2 is incorrect: Unlike the western
act 1892 which made limited and indirect
concept of liberalism, in Indian constitution it
provision for use of elections in filling up some
is linked to social justice and community
non-official seats both in provincial legislative
values. The reservation of Scheduled Castes
council and central level. But the word election
and Scheduled Tribes is the testimony that
was not used in the act.
while granting equality, the Constitution also
● Statement 2 is Correct: Principle of communal
seeks to provide affirmative action in favor of
representation was extended by providing
the backward classes, who have been a victim
Separate electorate to Sikhs, Indian Christians,
of historical injustice.
Anglo-Indians and Europeans by the
Government of India Act 1919.
Q.17) Ans: C
● Statement 3 is Correct: Government of India
Exp:
Act 1935 provides for responsible government
● Statement 1 is incorrect: Dyarchy is the dual
in provinces where the governor is required to
scheme of governance. In was introduced in
act with the advice of ministers responsible to
the province by the Montagu-Chelmsford
the provincial legislature.
reform (Government of India Act 1919). It
divided provincial subjects into two parts
Q.19) Ans: B
i.e. transferred subjects which were
 8

Exp: council, four were appointed by the local

● Statement 1 is incorrect: System of double governments of Madras, Bombay, Bengal and
government was introduced by the Pitt’s India Agra
Act 1784. Act Distinguished between
commercial and political function of a Q.21) Ans: B
company. It allowed the Court of directors to Exp:
manage commercial affairs and created a new ● Statement 1 is incorrect: The final step
body called the Board of Control to manage towards centralisation in British India was
Political affairs. Government of India Act 1858 provided by the Charter act of 1833 (not 1853).
abolished the system of double government o The Governor-General of Bengal was made
which was created by the Pitt’s India Act 1784 the Governor-General of India and vested
● Statement 2 is Correct: Government of India with all civil and military powers.
Act 1858 created the office of Secretary of o Thus, for the first time, this act created a
State for India. It has complete authority and Government of India having authority
control over Indian administration. Secretary over the whole territorial area possessed
of State was a member of british cabinet and by the British in India.
also ultimately responsible to British o Lord William Bentick was the first
parliament (primary) governor-general of India.
● Statement 3 is incorrect: It was the Charter Act ● Statement 2 is correct: The Charter act of 1833
of 1833 which made the Governor-General of deprived the governor of Bombay and Madras
Bengal as the Governor-General of India. of their legislative powers.
Government of India Act 1858 changed the o The Governor-General of India was
designation of Governor-General of India to provided with exclusive legislative
Viceroy of India. powers for the entire British India. The
laws made under the previous acts were
Q.20) Ans: C called Regulations while laws made under
Exp: this act were called Acts.
● Statement 1 is incorrect: It was Charter Act ● The activities of the East India Company as a
1833 which ended the activities of the East commercial body were ended by this act,
India company as a commercial body and made which became a purely administrative unit.
it purely an administrative body. The Act This act provided that the company's
provided that the company’s territories in territories in India were held by it in trust for
India were held by it in trust for his Majesty, His His Majesty, His heirs and successors.
heirs and successors.
● Statement 2 is Correct: Act separated for the
Q.22) Ans: B
first time legislative and executive function of
Exp:
the Governor-General’s council. Act provided
Important Facts about Government of India Act of
addition of six new members called as
1919:
legislative councillors to the council. This
legislative wing of the council functioned as a ● For The first time, bicameralism and direct
mini Parliament. elections in the country were introduced by
● Statement 3 is Correct: Act introduced for first this act.
time local representation in the central o Bicameral legislature replaced the Indian
legislative council. Out of six new legislative legislative council consisting of an Upper
members of governor-general legislative
 9

House (Council of State) and a Lower which were established in 1862, 1886 and
House (Legislative Assembly). 1897 respectively.
o The majority of members of both the ● Statement 3 is Incorrect: The Viceroy was
Houses were chosen by direct election. empowered to make rules and orders for the
● The central control over the provinces was more convenient transaction of business in
relaxed by demarcating and separating the the council. The recognition was given to the
central and provincial subjects. portfolio system which was introduced by
o The central and provincial legislatures Lord Canning in 1859.
were empowered to make laws on their o Under this system, a member of the
respective list of subjects. But, the Viceroy's council was made in-charge of
structure of government continued to be one or more departments of the
centralised and unitary. government and was authorized to issue
● A statutory commission was appointed to final orders on behalf of the council on
inquire into and report on its working after ten matters of his department.
years of its coming into force. The Viceroy was empowered to issue
ordinances, without the concurrence of the
Q.23) Ans: C legislative council, during an emergency. The
Exp: life of such an ordinance was six months.
● Statement 1 is correct: The beginning of
representative institutions by associating
Q.24) Ans: D
Indians with the law-making process was
Exp:
introduced by the India Council Act of 1861.
About Pitt's India Act of 1784:
o This act of 1861 provided that the viceroy
should nominate some Indians as non- ● The commercial and political functions of the
official members of his expanded council. Company were distinguished by this act.
o In 1862, Viceroy Lord Canning nominated ● The Court of Directors were allowed to
three Indians to his legislative council the manage the commercial affairs but a new
Raja of Benaras, the Maharaja of Patiala body called Board of Control was created to
and Sir Dinkar Rao manage the political affairs. Thus, a system of
The process of decentralization by restoring double government was established.
the legislative powers to the Bombay and ● The Board of Control was empowered to
Madras Presidencies was initiated under this supervise and direct all operations of the civil
act. and military government or revenues of the
British possessions in India.
o The centralizing tendency that started
● Thus, the act was significant for two reasons:
from the Regulating Act of 1773 and
o 1. The Company's territories in India were
reached its climax under the Charter Act of
for the first time called the British
1833 was reversed by this act.
possessions in India.
o This policy of legislative devolution
o 2. The supreme control over Company's
resulted in the grant of almost complete
affairs and its administration was given to
internal autonomy to the provinces in
the British Government in India.
1937.
● Statement 2 is correct: The establishment of
new legislative councils was provided for
Bengal, North-Western Provinces and Punjab,
 10

Q.25) Ans: D a separate Governor-General's legislative

Exp: council was established which came to be
Statement 1, 2 and 4 is correct: known as the Indian (Central) Legislative
About Simon Commission: Council.
o This legislative wing of the council
● In November 1927 (two years before the
functioned as a mini-Parliament, adopting
schedule), the British Government announced
the same procedures as the British
the appointment of a seven-member
Parliament.
statutory commission under the chairmanship
o Therefore, for the first time, the
of Sir John Simon to report on the condition of
legislation was treated as a special
India under its new Constitution.
function of the government, requiring
● All the parties boycotted the commission
special machinery and special processes.
because all members of the commission were
● An open competition system of selection and
British.
recruitment of civil servants was introduced.
● In 1930, commission submitted its report and
The covenant civil service was thus thrown
recommended following provisions
open to the Indians.
o the abolition of dyarchy
o The Committee on the Indian Civil Service
o extension of responsible government in
called the Macaulay Committee was
the provinces
appointed in 1854.
o establishment of a federation of British
India and princely states
Q.27) Ans: A
o continuation of communal electorate and
Exp:
so on.
About Government of India Act of 1935:
● The British Government convened three round
table conferences to consider the proposals of ● The establishment of an All India Federation
the commission of the representatives of the was provided, consisting of provinces and
British Government, British India and Indian princely states as units. The Act divided the
princely states. powers between the Centre and units in terms
● After discussions, a 'White Paper on of three: List (for Centre, with 59 items),
Constitutional Reforms' was prepared and Provincial List (for provinces, with 54 items)
submitted for the consideration of the Joint and the Concurrent List (for both, with 36
Select Committee of the British Parliament. items) . Residuary powers were given to the
● The recommendations of this committee were Viceroy. However, the princely states did not
incorporated (with certain changes) in the next join it so the federation did not come into
Government of India Act of 1935. being.
● The Reserve Bank of India was established to
control the currency and credit of the country.
Q.26) Ans: B
● Apart from the Federal Public Service
Exp:
Commission, a Provincial Public Service
About the Charter Act of 1853:
Commission and Joint Public Service
● For the first time, the legislative and executive Commission for two or more provinces were
functions of the Governor-General's council also established.
were separated by this act . ● It makes provision for the setting up of a
● Six new members called legislative councilors federal court which was set up in 1937.
were appointed to the council. In other words,
 11

Q.28) Ans: A the British Crown in India. The first Viceroy of

Exp: India was Lord Canning
About the Regulating Act of 1773: ● The system of double government was ended
by abolishing the Board of Control and Court
● This act is of great constitutional importance as
of Directors.
o It was the first step taken by which the
● A new office, Secretary of State for India was
East India Company was controlled and
created , vested with complete authority and
regulated by the British Government.
control over Indian administration. The
o For the first time, the political and
secretary of state was a member of the British
administrative functions of the Company
cabinet and was ultimately responsible to the
were recognised
British Parliament.
o The foundations of central administration
● A 15-member Council of India was established
was laid down in India
to assist the secretary of state for India.
Other features of the Act are:
However, the council was made an advisory
● The Governor of Bengal was designated as the body.
'Governor-General of Bengal' and an o The chairman of the council was the
Executive Council of four members was Secretary of state. It constituted the
created to assist him. Lord Warren Hastings secretary of state-in-council as a body
was the first such Governor-General. corporate, capable of suing and being sued
● The governors of Bombay and Madras in India and in England.
presidencies were made subordinate to the ● "The Act of 1858 was, however, largely
governor-general of Bengal, unlike earlier, confined to the improvement of the
when the three presidencies were administrative machinery by which the Indian
independent of one another. Government was to be supervised and
controlled in England.
Q.29) Ans: B ● The system of government that prevailed in
Exp: India was not altered substantially.
About Government of India Act of 1858:
Q.30) Ans: D
● The Act of 1858 was enacted in the wake of
Exp:
the Revolt of 1857 which was also known as
About Government of India Act of 1947:
the First War of or the 'sepoy mutiny'.
o Under this act, the East India Company ● The British rule in India was ended and India
was abolished and it transferred the was declared as an independent and sovereign
powers of government, territories and state from August 15,1947.
revenues of Independence to the British ● The partition of India and creation of two
Crown. independent dominions of India and Pakistan
o The act is known as the Act for the Good was provided by the Act with the right to
Government of India. secede from the British Commonwealth.
● It provided that India henceforth was to be ● The office of viceroy was abolished. His
governed by, and in the name of, Her Majesty. Majesty's Government in Britain was to have
The designation of the Governor General of no responsibility with respect to the
India was changed to that of Viceroy of India. Government of India or Pakistan.
Viceroy was made the direct representative of ● The office of the secretary of state for India
was abolished and his functions were
 12

transferred to the secretary of state for Q.32) Ans: B

Commonwealth Affairs. Exp:
● The lapse of British paramountcy was About Government of India Act of 1919:
proclaimed over the Indian princely states and
● The Government of India Act of 1919 also
treaty relations with tribal areas were also
referred to as the Montague-Chelmsford
lapsed from August 15,1947.
reforms came into force in 1921. Montagu was
the Secretary of State for India and Lord
Q.31) Ans: C
Chelmsford was the Viceroy of India.
Exp:
● The control of the center over the provinces
● Statement 1 is correct: In the first Cabinet of
was relaxed by demarcating and separating
free India portfolios held by Sardar
the central and provincial subjects.
Vallabhbhai Patel was: Home, Information
o The central and provincial legislatures
and Broadcasting and States.
were authorized to frame laws on their
● Statement 2 is incorrect: Dr. John Mathai held
respective list of subjects.
the Portfolio of Railways and transport, where
o However, the structure of government
Jawahar Lal Nehru held a portfolio of Scientific
continued to be centralized and unitary.
research.
• The provincial subjects were divided into two
● Statement 3 is incorrect: Dr. Rajendra Prasad
parts - transferred and reserved.
held the portfolio of Food and Agriculture, the
o The transferred subjects were to be
portfolio of education was held by Maulana
administered by the governor with the
Abul Kalam Azad.
help of ministers responsible to the
o Jawahar Lal Nehru was the first prime
legislative Council.
minister and held a Portfolio of External
o The reserved subjects, on the other hand,
affairs and commonwealth relations,
were to be administered by the governor
scientific research.
and his executive council without being
o Sardar Vallabhbhai Patel held the portfolio
responsible to the legislative Council.
of Home, Information and Broadcasting.
o This dual scheme of governance was
o Dr. Rajendra Prasad held a portfolio of
referred to as 'dyarchy'- meaning double
Food and Agriculture.
rule. But, this experiment was largely
o Maulana Abul Kalam Azad held a portfolio
unsuccessful.
of education.
• For the first time, bicameralism and direct
o Dr. John Mathai held a portfolio of
elections were introduced within the country.
Railways and transport.
o Thus, the bicameral legislature replaced
o R.K shanmugham chetty was given the
the Indian Legislative Council consisting of
portfolio of Finance and B.R Ambedkar
an Upper House i.e Council of State and a
held the portfolio of law.
Lower House i.e Legislative Assembly. The
majority of members of both the Houses
were chosen by direct election.
• A new office of the High Commissioner for
India was created in London (not Secretary of
State for India which was created under the
Government of India Act of 1858) and
transferred to him some of the functions
 13

hitherto performed by the Secretary of State Q.34) Ans: A

for India. Exp:
• In 1926, a Central Public Service Commission ● Statement 1 is correct: The Regulating Act of
was set up for recruiting civil servants. 1773 is of great constitutional importance as
• For the first time, provincial budgets from the (I) it was the first step taken by the British
Central budget were separated and the Government to control and regulate the affairs
provincial legislatures were authorized to of the East India Company in India; (ii) it
enact their budgets. recognised, for the first time, the political and
administrative functions of the Company; and
Q.33) Ans: C (iii) it laid the foundations of central
Exp: administration in India.
● The Indian Council Act of 1909 provided, for Features of the Act are following:
the first time, the association of Indians with
● It designated the Governor of Bengal as the
the executive council of Viceroy and
‘Governor-General of Bengal’ and created an
Governors.
Executive Council of four members to assist
● Other features of Government of India Act of
him. The first such Governor-General was Lord
1909:
Warren Hastings.
● This Act is also known as Morley-Minto
● It made the governors of Bombay and Madras
Reforms
presidencies subordinate to the governor-
(Lord Morley was the then Secretary of State
general of Bengal, unlike earlier, when the
for India and Lord Minto was the then Viceroy
three presidencies were independent of one
of India)
another. Hence, Statement 3 is incorrect.
● The size of the legislative councils was ● It provided for the establishment of a Supreme
considerably increased for both Central and Court at Calcutta (1774) comprising one chief
provincial councils. justice and three other judges.
● It provided (for the first time) for the ● It prohibited the servants of the Company
association of Indians with the executive from engaging in any private trade or accepting
Councils of the Viceroy and Governors. presents or bribes from the ‘natives’. Hence
● The first Indian to join the Viceroy's Executive Statement 2 is correct.
Council was Satyendra Prasad Sinha. He was ● It strengthened the control of the British
appointed as a law member. Government over the Company by requiring
● A system of communal representation for the Court of Directors (governing body of the
Muslims was introduced by accepting the Company) to report on its revenue, civil, and
concept of 'separate electorate'. Under this, military affairs in India.
only Muslim voters can elect Muslim members
o Thus, 'communalism' was legalized by this Q.35) Ans: A
act and Lord Minto came to be known as Exp:
the Father of the Communal Electorate. ● Statement 1 is correct: The Government of
● Separate representation of presidency India act, 1858 changed the designation of the
corporations, chambers of commerce, Governor-General of India to that of Viceroy
universities and zamindars were also provided. of India. He (viceroy) was the direct
representative of the British Crown in India.
Lord Canning thus became the first Viceroy of
India. It ended the system of double
 14

government by abolishing the Board of Control executive council without being responsible to
and Court of Directors. the legislative Council.
● This dual scheme of governance was known as
dyarchy’—a term derived from the Greek word
di-arche which means double rule. However,
this experiment was largely unsuccessful.
● Statement 3 is correct: The Government of
India act, 1919 introduced, for the first time,
bicameralism and direct elections in the
● Statement 2 is incorrect: The Government of country. Thus, the Indian Legislative Council
India act, 1858 created a new office, Secretary was replaced by a bicameral legislature
of State for India, vested with complete consisting of an Upper House (Council of State)
authority and control over Indian and a Lower House (Legislative Assembly). The
administration. The secretary of state was a majority of members of both the Houses were
member of the British cabinet and was chosen by direct election. It required that the
ultimately responsible to the British three of the six members of the Viceroy’s
Parliament. It established a 15-member executive Council (other than the commander-
Council of India to assist the secretary of state in-chief) were to be Indian.
for India. ● It extended the principle of communal
● The council was an advisory body. The representation by providing separate
secretary of state was made the chairman of electorates for Sikhs, Indian Christians, Anglo-
the council. It constituted the secretary of Indians and Europeans.
state-in-council as a body corporate, capable
of suing and being sued in India and in Students Note
England.

Q.36) Ans: C
Exp:
● Statement 1 is incorrect: Indian Councils Act
1909, introduced a system of communal
representation for Muslims by accepting the
concept of ‘separate electorate’. Under this,
the Muslim members were to be elected only
by Muslim voters. Thus, the Act ‘legalised
communalism’ and Lord Minto came to be
known as the Father of Communal Electorate.
● Statement 2 is correct: The Government of
India act, 1919 divided the provincial subjects
into two parts transferred and reserved. The
transferred subjects were to be administered
by the governor with the aid of ministers
responsible to the legislative Council. The
reserved subjects, on the other hand, were to
be administered by the governor and his
 15

Salient Features of Constitution

Constitution.“The due process of law” gives
Q.1) Ans: C wide scope to the American Supreme Court to
Exp: grant protection to the rights of its citizens. It
● Option A is incorrect: Although executives can declare laws violative of these rights void
have greater say in the legislature but for not only on substantive grounds of being
Constitution amendment Parliamentary unlawful, but also on procedural grounds of
approval is required. being unreasonable, unjust and unfair.
● Option B is incorrect: Tradition of secularism
has nothing to do with the Constitution being ● Statement 2 is Incorrect: ‘Due process of law’
called ‘a living’ document. has wider scope of interpretation as
compared to ‘Procedure established by
law’.The Indian Supreme Court, while
determining the constitutionality of a law,
however examines only the substantive
question i.e., whether the law is within the
powers of the authority concerned or not. It is
not expected to go into the question of its
● Option C is the most appropriate: Indian reasonableness, suitability or policy
Constitution is a dynamic Constitution and implications.
therefore is called ‘a living’ document, that
reflects the changing nature of society, polity Q.3) Ans: C
and economy. The fact that the Constitution Exp:
has been amended more than 100 times, is ● Statement 1 is incorrect- India has a
itself a testimony of this feature. Parliament parliamentary form of government. One of the
can amend the Constitution according to the essential features of the Parliamentary system
needs of the time, e.g. 103rd Constitution is the cooperative relationship between the
Amendment was made to provide for legislature and the executive.The Executives
reservation for Economically Weaker Sections like Prime Minister along with the Council of
of the society. Ministers are part of legislation also.The
● Although the judiciary cannot directly amend constitution also stipulated that minister who
the Constitution, it can hold any Constitution is not a member of the parliament for the
amendment unconstitutional and thus making period of six consecutive months ceases to be
that Constitution amendment ineffective. E.g. a minister
The 99th Constitution Amendment Act, 2015 ● Statement 2 is incorrect- Indian Parliament is
was declared unconstitutional by the Supreme not a sovereign body like the British
Court. Parliament.
o 1.It has to operate within jurisdiction
Q.2) Ans: A earmarked for it by the Constitution.
Exp: o The Supreme Court can declare a law
● Statement 1 is correct: The American passed by Parliament unconstitutional if it
Constitution provides for ‘due process of law’ contravenes the provision of the
against that of ‘procedure established by law’ Constitution.
which is contained in the Indian o fundamental rights in the constitution acts
as a check on its authority.
 16

● Statement 3 is correct-Article 75 says The ● Option 4 is incorrect- Bicameralism-is the

council of ministers are collectively responsible practice of having a legislature divided into two
to the Lok Sabha.In India, the government separate assemblies, chambers, or houses. In
survives till the time it enjoys support of the India it is divided in Lok sabha and Rajya
majority of members in the Lok Sabha. Lok Sabha.It is one of the features of the Federal
Sabha is empowered to introduce a no- system of Government.
confidence motion against the
government.Collective responsibility also
Q.5) Ans: B
means that Cabinet decisions are binding on all
Exp:
ministers even if they have different opinions.If
● Statement 1 is correct- The Government of
minister disagrees with cabinet decisions and
India Act 1935 had introduced several features
did not defend it he/she must resign.
that form the nucleus of our Constitution.
Some features taken from the act are
Q.4) Ans: A
administrative details, Office of Governor,
Exp:
Public Service Commision, Emergency
The Constitution of India is described as quasi-
provisions, Federal Scheme etc.
federal. It establishes a federal system of
government. Some of the features of a federal ● Statement 2 is incorrect- Fundamental Rights
system of government are as follows – Rigidity of are not absolute. They are subjected to
Constitution,Independent judiciary ,Bicameralism, reasonable restrictions. Also, They are not
A written Constitution and Supremacy of sacrosanct and can be curtailed or repealed by
Constitution. However, the Indian Constitution the Parliament through a constitutional
also contains a large number of unitary or non- Amendment Act. They can also be suspended
federal features, like - integrated judiciary, during the National Emergency except the
appointment of state governor by the Centre, all- rights guaranteed under Article 20 and 21.
India services, single citizenship, flexibility of ● Statement 3 is incorrect-Articles 36-51 under
Constitution, a strong Centre, single Constitution, Part-IV of Indian Constitution deal with
emergency provisions, etc. Directive Principles of State Policy (DPSP).The
Constitution of India does not formally classify
● Option 1 is correct- Integrated Judiciary- It is a the Directive Principles of State Policy but for
Unitary feature of the Constitution where better understanding and on the basis of
supreme court is at the top below which there content and direction- they can be classified
is a high court in state.This single system of into three categories: Socialistic Principles,
courts enforces both central and state laws. Gandhian Principles, and Liberal-Intellectual
● Option 2 is correct- Single Citizenship means a Principles.
person is a citizen of India only and not of the
respective states.it is one of the Unitary Q.6) Ans: D
Features. Exp:
● Option 3 is incorrect-Supremacy of ● Option 1 is incorrect- There is no dual
Constitution-Constitution is the supreme law citizenship in india. India has a single
of the land; and all state organs including citizenship- Though India is a dual polity, the
parliament, judiciary, states etc. are bound by Constitution of India provides for a single
it. They must act within the limits set by the citizenship for the whole of India. The
Constitution. This is a feature of the Federal Citizenship Act, 1955 deals with matters
system of Government. relating to acquisition, determination and
 17

termination of Indian citizenship after the

Sources of the Features Borrowed
commencement of the Constitution.
Indian
● Option 2 is incorrect - India has three tier Constitution
Government- The three tiers of governance
are- Central Government ,State Government UK/ British Parliamentary government
and Panchayati Raj or Municipalities. The 73 Constitution Rule of Law
and 74th Constitutional Amendment Acts of Legislative procedure
1992 have added a third tier of Government – Single Citizenship
Local Governments Cabinet system
● Option 3 is correct- Indian Constitution is a Parliamentary privileges
Drawn from various sources- Its provisions Bicameralism
were borrowed from the Government of India
Act 1935 and the Constitutions of the US, US Constitution Fundamental rights
Ireland, Britain, Canada, Australia, Germany, Independence of judiciary
the USSR, France, South Africa, Japan, and Judicial review
Impeachment of the
other countries. For example- Procedure
president
Established by Law was borrowed from the
Constitution of Japan. Removal of Supreme Court
and High Court judges
● Option 4 is correct- Indian Constitution
Post of vice-president
envisages a Parliamentary form of
Government- A parliamentary system of Weimar Suspension of Fundamental
government has some features like presence Constitution of Rights during emergency
of nominal and real executives, Majority party Germany
rule, collective responsibility of executive to
legislature, Dissolution of Lower house, South African Procedure for amendment in
Leadership of Prime Minister. It is based on the Constitution the Indian Constitution
principle of coordination between the
Legislative and Executive Organs. French Republic
Constitution Ideals of liberty, equality and
fraternity in the Preamble
Q.7) Ans: B
Exp: Canadian Federation with a strong
● Pair 1 Is Incorrect: Federal Scheme of Polity is Constitution Centre
taken from Government of India Act 1935 not Vesting of residuary powers
from Weimar Constitution of Germany. in the Centre
● Pair 2 Is Correct:Concurrent List is taken from Appointment of state
Australian Constitution. governors by the Centre
● Pair 3 Is Correct:Election of members of Rajya Australian Freedom of trade, commerce
Sabha is taken from the South African Constitution and intercourse
Constitution. Joint-sitting of the two
● Pair 4 Is Incorrect: Advisory Jurisdiction of the Houses of Parliament
Supreme Court is taken from Canadian
Constitution not from US constitution Irish Constitution Directive Principles of State
Other Feature Borrowed: Policy
 18

Upper House of Parliament) to the State and

Nomination of members to
Union Territory.
Rajya Sabha
Method of election of the ● Pair 2 is correct- Third schedule deals with
president Forms of oaths and Affirmations for-
o Union Ministers of India
Russian Fundamental duties o Parliament Election Candidates
Constitution Ideals of justice (social, o Members of Parliament (MPs)
economic and political) in the o Supreme Court Judges
Preamble o Comptroller and Auditor General
o State Ministers
Japanese Procedure Established by Law o State Legislature Elections’ Candidates
constitution o State Legislature Members
o High Court Judges
Q.8) Ans: A
Exp:
● Statement 1 is incorrect- The Indian concept of
Secularism is different from the western
concept of secularism. In the West, the State is
separate from the functioning of all religious
institutions and groups. Whereas, in India
means that the state is neutral to all religious
groups but not necessarily separate. The Indian
Constitution embodies a very positive concept
of Secularism. Giving equal respect to all
• Pair 3 is correct-. Eight schedule deals with the
religions equally is one of the core components
Languages recognised in the Constitution.
of Indian Constitution.
There are 22 official languages recognized by
● Statement 2 is incorrect- The word ‘Secular’
the Indian Constitution-
was added in the Preamble of India by the
Assamese,Bengali,Bodo,Dogri
42nd Amendment Act of 1976 and was not a
(Dongri),Gujarati,Hindi,Kannada,Kashmiri,Kon
part of the original Constitution.
kani,Mathili(Maithili),Malayalam,Manipuri,Ma
● Statement 3 is correct- Equality of opportunity
rathi,Nepali,Oriya,Punjabi,Sanskrit,Santhali,Si
for all citizens in matters of public
ndhi,Tamil,Telugu,Urdu.
employment- Article 16- reveals the Secular
● Pair 4 is incorrect- Ninth schedule deals with
character of the Indian State. Article 16 says
the state acts and regulations that deal with
that no citizen shall, on grounds only of
land reforms and abolition of the zamindari
religion, race, caste, sex, descent, place of birth
system. It also deals with the acts and
or any of them, be ineligible for any office
regulations of the Parliament dealing with
under the State.
other matters.

Q.9) Ans: B
Q.10) Ans: B
Exp:
Exp:
● Pair 1 is incorrect-Fourth Schedule Deals with
● Statement a is incorrect: The Constitution
the Allocation of seats in the Rajya Sabha (the
does not favour the monopoly or the
accumulation of power under one institution.
 19

It rather promotes fragmentation of power Government and the relations between the
among the various organs of government like Executive and the Legislature have been
the Legislature, executive and the Judiciary. largely drawn from the British Constitution.
The Constitution favours the system of internal This was largely because of familiarity with the
checks and balances amongst these system prevailing during colonial times.
institutions. ● Statement 3 is correct: The Indian Constitution
● Statement b is correct: The 42nd Constitutional adopted universal adult franchise as a basis of
Amendment Act, 1976 inserted Fundamental elections to the Lok Sabha and the state
duties under Article 51A in Part IV-A of the legislative assemblies ever since enactment of
Constitution. However, the Constitution is the Constitution. The voting age was fixed at 21
silent on the enforcement of these duties. years when the constitution was enacted. The
Hence, it does not make the enjoyment of 61st Constitutional Amendment Act of 1988
rights conditional upon the fulfilment of the provided that Every citizen who is not less than
duties. 18 years of age got a right to vote without any
● Statement c is incorrect: Conduction of free discrimination of caste, race, religion, sex,
and fair elections is essential for the literacy, wealth and so on.
functioning of a democracy. However, in the
Indian case, citizens have a limited role in Q.12) Ans: C
making policy decisions as Indian Constitution Exp:
envisages indirect democracy and not direct. It ● Statement 1 is incorrect: The term ‘liberty’
would be unsuitable to have direct democracy means the absence of restraints on the
for a vast diverse country like India. Hence, activities of individuals, and at the same time,
elected representatives play an important role providing opportunities for the development
in day-to-day policy decisions and running of of individual personalities. liberty does not
administration. mean ‘license’ to do what one likes, and has to
● Statement d is incorrect: Judges are removed be enjoyed within the limitations mentioned in
by the special majority of the two houses of the the Constitution itself.
Parliament on the grounds of proved ● Statement 2 is correct: The term ‘equality’
misbehaviour and incapacity. However, to means the absence of special privileges to any
ensure the independence of the Judiciary they section of the society, and the provision of
are not accountable to the Parliament but to adequate opportunities for all individuals
the Constitution itself. without any discrimination. The Preamble
secures to all citizens of India equality of status
Q.11) Ans: A and opportunity.
Exp: ● Statement 3 is incorrect: The principles of
● Statement 1 is correct: Those matters which in liberty, equality and fraternity cannot treat as
other modern democratic countries have been separate items in a trinity. They form a union
left to ordinary legislation or established of trinity in the sense that to divorce one from
political conventions have also been included the other is to defeat the very purpose of
in the constitution itself in India. The democracy. Equality cannot be divorced from
Constitution of India thus not only contains the liberty, Liberty cannot be divorced from
fundamental principles of governance but also equality, Nor can liberty and equality be
detailed administrative provisions. divorced from fraternity. Without equality,
● Statement 2 is incorrect: The political part of liberty would produce the supremacy of the
the Constitution i.e the principle of Cabinet
 20

few over the many. Equality without liberty, laws are enforced by the federal judiciary and
would kill individual initiative. state laws is enforced by the state judiciary

Q.13) Ans: B Q.15) Ans: D

Exp: Exp:
● Statement 1 is incorrect: The word sovereign ● Statement 1 is incorrect: Second schedule of
implies that India is neither a dependency nor India Constitution provides for emoluments,
a dominion of any other nation, but an allowances and privileges for President of
independent state. There is no authority or India, Governor of State, Speaker and Deputy
state above it, and it is free to conduct its own speaker of Lok Sabha and state legislative
affairs (both internal and external). Being a assembly, chairman and deputy chairman of
sovereign state, India can also acquire a foreign Rajya Sabha, chairman and deputy chairman of
territory or cede a part of its territory in favour legislative council of state, Judges of supreme
of a foreign state. court and high courts, Comptroller and Auditor
● Statement 2 is correct: The term Republic in General of India. There is no mention of the
our Preamble indicates that India has a Prime minister in it.
president as an elected head. He is elected ● Statement 2 is incorrect: The Third Schedule of
indirectly for a fixed period of five years. A the Constitution contains the oath and
republic also means vesting of political affirmation of Union and state ministers,
sovereignty in the people and not in a single candidate for election of parliament and state
individual like a king legislature, member of Parliament and the
● Statement 3 is correct: Moreover, it also state legislature, judges of supreme court and
implies the absence of any privileged class and high court, Comptroller and Auditor General of
hence all public offices being opened to every India. There is no mention of the President and
citizen without any discrimination. governor in it.
● Statement 3 is Correct: allocation of seats on
the Rajya Sabha to the state and the union
Q.14) Ans: D
territories is mentioned in the fourth schedule
Exp:
of Indian constitution
● Statement 1 is incorrect and Statement 2 is
Correct: Scope of Judicial review of the
Supreme court in India is narrower than the Q.16) Ans: D
court in the United States. Reason behind it is Exp:
American constitution provided for due ● Statement 1 is incorrect: Combination of the
process of law against the procedure social and economic justice is known as
established by law in the Indian Constitution. distributive justice. Social justice denotes the
● Statement 3 is incorrect: In India there is an equal treatment of all citizen without any
integrated judicial system where the Supreme social discrimination based on caste, colour,
Court stands at the top. Below it there is a High religion, race, sex and so on. Whereas
Court at State level. Under a high court there is Economic justice is denoted as non-
a hierarchy of subordinate courts that is district discrimination between people on the basic of
court and other lower courts. Hence this single economic factor.
system of courts enforce both central laws as ● Statement 2 is incorrect: The ideal of justice-
well as state laws. Unlike USA where federal social, political and economic in Indian
constitution has been taken from Russian
 21

Revolution. Ideals of Liberty, equality and ● Pair 1 is correct: Article 9 of the Constitution
fraternity have been taken from the French provides that “persons voluntarily acquiring
revolution. citizenship of a foreign State not to be citizens”
and thus reflects the provision of single
Q.17) Ans: C citizenship of the Constitution.
Exp: ● Pair 2 is correct: Article 27 of the Constitution
Statement 1,2 and 3 are Correct: provides for “freedom as to payment of taxes
● Judicial review is the power of the judiciary to for promotion of any particular religion”. This
interpret the constitution and to declare any prohibits the State from favouring, patronising
such law or order of the legislature and and supporting one religion over the other.
executive void, if it finds them in conflict with This shows the secular character of the
the Constitution. Hence JR gives scope for Constitution.
Judicial activism by giving responsibility for ● Pair 3 is incorrect: Article 315 provides for the
interpretation in the hands of the judiciary. Constitution of Public Service Commission for
● Judicial Activism means the proactive role Union and States and thus reflects the
played by the judiciary in the protection of the provision of ‘independent bodies’ in the
rights of citizens and in the promotion of Constitution. Universal Adult Franchise is
justice in the society. provided under Article 326 of the Constitution.
● Pair 4 is correct: Article 353 provides for the
effect of proclamation of Emergency and
extends the executive power of the Union to
give direction to the States. Thus, this reflects
the unitary bias of the Constitution.

● Article 13, 32 and 226(and not 224) are Q.19) Ans: C

provisions in the constitution itself for the Exp:
judiciary to adopt a proactive role. Article 13 ● Statements 1 and 2 are Correct: Article 1
says Laws inconsistent with or in derogation of describes India as a 'Union of States' which
fundamental rights shall be void. Article 32 and implies two things: one, Indian Federation is
226 deals with the types of writs in Supreme not the result of an agreement by the states;
court and High court respectively. and two, no state has the right to secede from
● Supervisory Power of higher courts on lower the federation.
courts is itself a form of judicial activism The Constitution of India establishes a federal
● Public Interest Litigation (PIL) is most popular system of government. It contains all the usual
form of Judicial Activism features of a federation, viz., two
● Judicial Activism was recently in the news governments, division of powers, written
because the act of the Supreme Court staying Constitution, supremacy of Constitution,
implementation of three farm laws was seen rigidity of Constitution, independent judiciary
by many as an act of judicial and bicameralism.
activism/overreach.
However, the Indian Constitution also
contains a large number of unitary or non-
Q.18) Ans: B federal features, viz., a strong Center, single
Exp: Constitution, single citizenship, flexibility of
 22

Constitution, integrated judiciary, Q.21) Ans: B

appointment of state governor by the Center, Exp:
all India services, emergency provisions, and ● Statement 1 is incorrect: Modern democratic
so on. governments are classified into parliamentary
and presidential on the basis of the nature of
● Statement 3 is incorrect: The term
relations between the executive and the
'Federation' has nowhere been used in the
legislative organs of the government.
Constitution. Article 1, on the other hand,
The parliamentary system of government is
describes India as a 'Union of States' which
the one in which the executive is responsible
implies two things: one, Indian Federation is
to the legislature for its policies and acts. The
not the result of an agreement by the states;
presidential system of government, on the
and two, no state has the right to secede from
other hand, is one in which the executive is not
the federation.
responsible to the legislature for its policies
and acts, and is constitutionally independent
Q.20) Ans: C
of the legislature in respect of its term of office.
Exp:
Fundamental rights and Directive principles of The Constitution of India has opted for the
state policy British parliamentary System of Government
rather than the American Presidential System
● The DPSPs are enumerated in Part IV of the
of Government.
Constitution from Articles 36 to 51. The
framers of the Constitution borrowed DPSPs ● Statement 2 is correct: The parliamentary
from the Irish Constitution of 1937, which had government is also known as cabinet
copied it from the Spanish Constitution. Dr BR government or responsible government or
Ambedkar described these principles as 'novel Westminster model of government and is
features' of the Indian Constitution. prevalent in Britain, Japan, Canada, India
● The Directive Principles along with the among others.
Fundamental Rights contain the philosophy of o The presidential government, on the
the Constitution and are the soul of the other hand, is also known as a non-
Constitution. Granville Austin has described responsible or non-parliamentary or fixed
the Directive Principles and the Fundamental executive system of government and is
Rights as the Conscience of the Constitution. prevalent in USA/Brazil, Russia, Sri Lanka
● The structural part of the Constitution is, to a among others.)
large extent, derived from the Government of o The parliamentary system is based on the
India Act of 1935. principle of cooperation and co-
● The philosophical part of the Constitution (the ordination between the legislative and
Fundamental Rights and the Directive executive organs. while the presidential
Principles of State Policy) derive their system is based on the doctrine of
inspiration from the American and Irish separation of powers between the two
Constitutions respectively. organs.
● The political part of the Constitution (the
principle of Cabinet Government and the Q.22) Ans: D
relations between the executive and the Exp:
legislature) have been largely drawn from the All Statements are correct:
British Constitution. Parliamentary Government in India
 23

● The Constitution of India has opted for the b) The State shall not discriminate against any
British parliamentary System of Government citizen on the ground of religion (Article
rather than the American Presidential System 15).
of Government. c) Equality of opportunity for all citizens in
● The parliamentary system is based on the matters of public employment (Article 16).
principle of cooperation and coordination d) All persons are equally entitled to freedom
between the legislative and executive organs of conscience and the right to freely
while the presidential system is based on the profess,practice and propagate any
doctrine of separation of powers between the religion (Article 25).
two organs. e) Every religious denomination or any of its
● The parliamentary system is also known as section shall have the right to manage its
the 'Westminster' model of government, religious affairs (Article 26).
responsible government and cabinet f) No person shall be compelled to pay any
government. The Constitution establishes the taxes for the promotion of a particular
parliamentary system not only at the Center religion (Article 27).
but also in the states. g) No religious instruction shall be provided
● The features of parliamentary government in in any educational institution maintained
India - by the State (Article 28).
a) Presence of nominal and real executives. h) Any section of the citizens shall have the
b) Majority party rule. right to conserve its distinct language,
c) Collective responsibility of the executive script or culture (Article 29).
to the legislature. i) All minorities shall have the right to
d) Membership of the ministers in the establish and administer educational
legislature. institutions of their choice (Article 30).
e) Leadership of the prime minister or the
chief minister. Q.24) Ans: B
f) Dissolution of the lower House (Lok Sabha Exp:
or Assembly). Minerva Mills case (1980)

● In the Minerva Mills case (1980), the Supreme

Q.23) Ans: B
Court held that the Indian Constitution is
Exp:
founded on the bedrock of the balance
● Statement 1 is correct: The Constitution of
between the Fundamental Rights and the
India stands for a secular state. Hence, it does
Directive Principles'.
not uphold any particular religion as the
● They are like two wheels of a chariot, one no
official religion of the Indian State. The term
less than the other. To give absolute primacy
'secular' was added to the Preamble of the
to one over the other is to disturb the harmony
Indian Constitution by the 42nd Constitutional
of the Constitution. This harmony and balance
Amendment Act of 1976.
between the two is an essential feature of the
● Statement 2 & 3 are incorrect: The following
basic structure of the Constitution.
provisions of the Constitution reveal the
● The goals set out by the Directive Principles
secular character of the Indian State:
have to be achieved without the abrogation of
a) The State shall not deny to any person
the means provided by the Fundamental
equality before the law or equal protection
Rights'.
of the laws (Article 14).
 24

Q.25) Ans: C 3. Legislative procedure, single citizenship

Exp: 4. Cabinet system
● Statement 1 and 2 are correct: The 5. Prerogative writs
Constitution of India has borrowed most of its 6. Parliamentary privileges
provisions from the constitutions of various 7. Bicameralism
other countries as well as from the
Government of India Act of 1935. The Q.26) Ans: B
structural part of the Constitution is, to a large Exp:
extent, derived from the Government of India ● Statement 1 is incorrect:
Act of 1935. Third Schedule deals with the forms of Oaths
Features borrowed from Government of India or Affirmations for the following
act, 1935 are:
1. The Union ministers
1. Federal Scheme 2. The candidates for election to the
2. Office of governor Parliament
3. Judiciary 3. The members of Parliament
4. Public Service Commissions 4. The judges of the Supreme Court
5. Emergency provisions and administrative 5. The Comptroller and Auditor-General of
details. India
● Statement 3 is incorrect: The other provisions 6. The state ministers
of the Constitution have been drawn from the 7. The candidates for election to the state
constitutions of Canada, Australia, Germany, legislature
USSR (now Russia), France, South Africa, Japan, 8. The members of the state legislature
and so on. 9. The judges of the High Courts
Provisions borrowed from the Canadian ● Statement B is correct: Fourth Schedule deals
Constitution are: with the Allocation of seats in the Rajya Sabha
to the states and the Union Territories.
1. Federation with a strong Center
● Statement 3 is incorrect: Fifth schedule deals
2. vesting of residuary powers in the Center
with Provisions relating to administration and
3. Appointment of state governors by the
control of scheduled areas and scheduled
Center
Tribes.
4. Advisory jurisdiction of the Supreme Court.
● Statement 4 is incorrect: Sixth Schedule deals
● Statement 4 is incorrect:The philosophical
with provisions relating to administration of
part of the Constitution (the Fundamental
tribal areas in the states of Assam, Meghalaya,
Rights and the Directive Principles of State
Tripura and Mizoram.
Policy) derive their inspiration from the
American and Irish Constitutions respectively.
Q.27) Ans: C
The political part of the Constitution (the
Exp:
principle of Cabinet Government and the
About Fundamental Rights:
relations between the executive and the
legislature) have been largely drawn from the ● Fundamental Rights are enshrined in Part III
British Constitution. of the Constitution from Articles 12 to 35. FR
● Provisions borrowed from the British are inspired from the Constitution of the USA
Constitution are: (i.e., Bill of Rights). Part III of the Constitution is
1. Parliamentary government rightly described as the Magna Carta of India.
2. Rule of Law
 25

● The Fundamental Rights are guaranteed by

the Constitution to all persons without any Q.28) Ans: A
discrimination. They uphold the equality of all Exp:
individuals, the dignity of the individual, the ● Statement 1 is correct: The Constitution of
larger public interest and unity of the nation. India has opted for the British parliamentary
● FRs aims at establishing Political democracy in System of Government rather than the
the country. They prevent the establishment American Presidential System of Government.
of an authoritarian and despotic rule in the The parliamentary system is based on the
country, and protect the liberties and principle of cooperation and coordination
freedoms of the people against the invasion by between the legislative and executive organs
the State. They operate as limitations on the while the presidential system is based on the
tyranny of the executive and arbitrary laws of doctrine of separation of powers between the
the legislature. two organs. Even though the Indian
● Most of them are against the arbitrary action Parliamentary System is largely based on the
of the State, with a few exceptions like those British pattern, there are some fundamental
against the State's action and against the differences between the two. For example, the
action of private individuals. Indian Parliament is not a sovereign body like
● When the rights that are available against the the British Parliament.
State's action only are violated by the private Further, the Indian State has an elected head
individuals, there are no constitutional (republic) while the British State has an
remedies but only ordinary legal remedies. hereditary head (monarchy).
● Fundamental rights are justiciable, allowing
● Statement 2 is incorrect: Indian parliamentary
persons to move the courts for their
system never became a replica of the system.
enforcement, if and when they are violated
The British system is based on the doctrine of
and are legally enforced.
the sovereignty of Parliament, while the
● Moreover, Fundamental rights are negative
Parliament is not supreme in India and enjoys
which means they prohibit the state from
limited and restricted powers due to a written
doing certain things and help in promoting the
Constitution, federal system, judicial review
welfare of the individual, while others are
and fundamental rights.
positive in nature, conferring certain privileges
● Statement 3 is correct: India has a republican
on the persons.
system in place of the British monarchical
Extra Edge by PW Only IAS system.
The Head of the State in India (President) is
Directive principles of state policy
elected, while the Head of the State in Britain
● DPSPs aim at establishing social and (King or Queen) enjoys a hereditary position. In
economic democracy in the country and Britain, the prime minister should be a
promote the welfare of the community. member of the Lower House (House of
● These principles are non justiciable and Commons) of the Parliament. In India, the
not legally enforced for their violation. prime minister may be a member of any of the
But the constitution in Article 37, itself says two Houses of Parliament.
that these principles are fundamental in
Usually, the members of Parliament alone are
governance of the Country and it shall be
appointed as ministers in Britain. In India, a
the duty of the state to apply these
person who is not a member of Parliament
principles in making laws.
 26

can also be appointed as minister, but for a o The maximum harmony and coordination
maximum period of six months. between centre and states is essential for
the effective operation of the federal
Q.29) Ans: A
system even if the Center and the states
Exp:
are supreme in their respective fields.
● Statement 1 is correct: The Indian Constitution
o Hence, the Constitution contains elaborate
establishes a judicial system that is integrated
provisions to regulate the various
as well as independent.
dimensions of the relations between the
The Supreme Court stands at the top of the
Center and the states.
integrated judicial system in the country.
Q.30) Ans: C
Below it, there are high courts at the state
Exp:
level. Under a high court, there is a hierarchy
● Statement 1 is correct: The Indian Constitution
of subordinate courts, that is, district courts
is unique in its contents and spirit. The
and other lower courts.
Constitution of India has borrowed most of its
o Both the central laws as well as the state provisions from the constitutions of various
laws in India are enforced by the single other countries as well as from the
system of courts , however in the USA, the Government of India Act of 1935.
federal judiciary enforces federal laws and Various provisions of the Constitution have
state judiciary enforces state laws. been drawn from the constitutions of Canada,
o The Supreme Court is a federal court, the Australia, Germany, USSR (now Russia),
highest court of appeal, the guarantor of France, South Africa, Japan, and so on.
the fundamental rights of the citizens and
● Features borrowed from Australian
the guardian of the Constitution.
Constitution are-
o Various provisions to ensure its
o Concurrent List , Freedom of trade ,
independence are enshrined in the
Commerce and inter-course , Joint sitting
Constitution such as security of tenure of
of the two Houses of Parliament.
the judges, fixed service conditions for the
● Statement 2 is incorrect: Provision of
judges, prohibition on discussion on the
Freedom of trade is borrowed from the
conduct of judges in the legislatures, ban
Australian Constitution.
on practice after retirement, power to
● Features borrowed from Canadian
punish for its contempt vested in the
Constitution are-
Supreme Court, separation of the judiciary
o Federation with a strong Centre , Vesting
from the executive, and so on. Also, all the
of residuary powers in the Centre ,
expenses of the Supreme Court charged
Appointment of state governors by the
on the Consolidated Fund of India
Centre , Advisory jurisdiction of the
• Statement 2 is incorrect: The Constitution of
Supreme Court.
India, being federal in structure, divides all
● Statement 3 is correct: The political part of the
powers (legislative, executive and financial)
Constitution i.e. the principle of Cabinet
between the Center and the states.
Government and the relations between the
o However, there is no division of judicial
executive and the legislature; have been
power as the Constitution has established
largely drawn from the British Constitution.
an integrated judicial system to enforce
● Features borrowed from British Constitution
both the Central Taws as well as state
are:
laws.
 27

o Parliamentary government , Rule of Law , perform the duties of his office

Legislative procedure , Single citizenship , without fear or favor, affection or ill-
Cabinet system , Prerogative writs , will; and
Parliamentary privileges , Bicameralism. 4. to uphold the Constitution and the
Q.31) Ans: C laws.
Exp: Q.32) Ans: C
About Comptroller and Auditor general of India Exp:
About Supreme Court of India:
● The Constitution of India under Article 148
provides for an independent office of the ● The Supreme Court of India is the country’s
Comptroller and Auditor General of India highest judicial court. The Supreme Court of
(CAG). He is the head of the Indian Audit and India was inaugurated on January 28, 1950.
Accounts Department. The Federal Court of India was succeeded by
● He is the guardian of the public purse and the supreme court of India which was
controls the entire financial system of the established under the Government of India Act
country at both the levels-the Centre and the of 1935.
state. ● However, the Supreme Court's jurisdiction is
● His duty is to uphold the Constitution of India greater than that of its predecessor. This is
and laws of Parliament in the field of financial because the British Privy Council was replaced
administration. by the supreme court, as the highest court of
● The Comptroller and Auditor general of India appeal.
audits the accounts of the Central and state ● The Supreme court is the final court of appeal
governments. in the country. It upholds the rule of law. The
● The accountability of the executive (i.e., Supreme Court also guarantees and protects
council of ministers) to the Parliament in the citizens’ rights and liberties as given in the
sphere of financial administration is secured Constitution.
through audit reports of the CAG. The CAG is ● The Supreme Court stands at the top of the
an agent of the Parliament and conducts integrated judicial system in the country and
audits of expenditure on behalf of the the high court Below it. Under the high courts
Parliament. Therefore, he is responsible only at the state there is a hierarchy of subordinate
to the Parliament. courts, that is, district courts and other lower
● He acts as the guardian of the public purse and courts.
comments on the legality and propriety of ● This single system of courts enforces both the
government expenditure. central laws as well as the state laws, but in the
o The CAG is appointed by the president of USA on the other hand federal judiciary
India by a warrant under his hand and enforces federal law and state judiciary
seal. The CAG, before taking over his enforces state laws.
office, makes and subscribed before the ● Therefore, the Supreme Court is also known
president an oath or affirmation: as the Guardian of the Constitution.
1. to bear true faith and allegiance to the ● Apart from being a federal court, the highest
Constitution of India; court of appeal, the supreme court is also
2. to uphold the sovereignty and known as the guarantor of the fundamental
integrity of India; rights of the citizens and the guardian of the
3. to duly and faithfully and to the best of Constitution.
his ability, knowledge and judgment Q.33) Ans: B
 28

Exp: ● The Drafting Committee had seven members:

Kesavananda Bharati Case : o Alladi Krishnaswami Ayyar;
o Muhammad Saadulla;
● The Indian Constitution contains provisions to
o N. Gopalaswami;
make amendments in order to adjust itself to
o B.R. Ambedkar;
the changing conditions and needs.
o K.M Munshi;
● The Indian Constitution is neither flexible nor
o B.L. Mitter and
rigid but a synthesis of both.
o D.P. Khaitan.
o Article 368 in /Part XX/of the Constitution
● At its first meeting on 30th August 1947, the
deals with the powers of Parliament to
Drafting Committee elected B.R Ambedkar as
amend the Constitution and its
its Chairman.
procedure. It states that the Parliament
may, in exercise of its constituent power,
amend by way of addition, variation or
repeal any provision of the Constitution in
accordance with the procedure laid down
for the purpose.
● The Supreme Court in the Kesavananda
Bharati case (1973) ruled that the Parliament
under Article 368 cannot amend or alter those
provisions which form the basic structure of ● Towards the end of October 1947, the Drafting
the Constitution. Committee began to scrutinise the Draft
● Various Other Judgment rules in kesavananda Constitution prepared by B.N Rau, the
Bharati Case are Constitutional Advisor. It made various
1. Supremacy of the Constitution changes and submitted the Draft Constitution
2. Separation of powers between the to the President of the Constituent Assembly
legislature, the executive and the judiciary on 21st of February 1948.
3. Republic and democratic form of ● Majority of the debates in the Constituent
government Assembly revolved around the Draft
4. Secular character of the constitution Constitution(s) prepared by the Drafting
5. Federal character of the constitution Committee. Out of 165 sittings of the
6. Sovereignty and unity of India Constituent Assembly, 114 were spent
7. Freedom and dignity of the individual debating the Draft Constitution(s). Hence
8. Mandate to build a welfare state option (d) is correct.
9. Parliamentary System Q.35) Ans : A
Q.34) Ans: D Exp:
Exp: ● Statement 1 & 2 is correct: The 42nd
● On 29th August 1947, the Constituent Amendment Act of 1976 added four new
Assembly through a resolution appointed a Directive Principles to the original list. They
Drafting Committee to scrutinise the draft of require the State:
the text of the Constitution of India prepared o To secure opportunities for healthy
by Constitutional Adviser and to submit to the development of children (Article 39).
Assembly for consideration the text of the o To promote equal justice and to provide
draft constitution as revised by the free legal aid to the poor (Article 39 A).
committee.
 29

o To take steps to secure the participation

of workers in the management of
industries (Article 43 A).
o To protect and improve the environment
and to safeguard forests and wildlife
(Article 48 A).
o The 44th Amendment Act of 1978 added
one more Directive Principle, which
requires the State to minimize
inequalities in income, status, facilities
and opportunities (Article 38).
● Statement 3 is incorrect:
o The 86th Amendment Act of 2002
changed the subject-matter of Article 45
and made elementary education a
fundamental right under Article 21 A.
The amended directive requires the
State to provide early childhood care and
education for all children until they
complete the age of six years.
o The 97th Amendment Act of 2011 added
a new Directive Principle relating to
cooperative societies. It requires the
state to promote voluntary formation,
autonomous functioning, democratic
control and professional management of
co-operative societies (Article 43B).
 30

Amendment to Constitution
Schedule after April 24, 1973 can be subjected
Q.1) Ans: A to Judicial review. It was on April 24, 1973 that
Exp: the Supreme Court came up with the Doctrine
● Statement 1 is correct: The 1st Constitutional of Basic structure in Keshavanda Bharati case.
Amendment Act, 1951 added the Article 31A,
31B, Ninth Schedule among other things to the
Constitution of India.
o Article 31A immunises five categories of Q.2) Ans: D
law from being invalidated or challenged Exp:
by the Courts on the grounds of being in ● Statement 1 is incorrect: There are two types
contravention with Article 14 and Article of Constitutional Amendments as mentioned
19 of the Constitution of India. These under Article 368 of the Constitution:
include: o Amendment by Special majority of the
Acquisition of estates and related Parliament.
rights by the States. o Amendment by special majority of the
Taking over the management of Parliament with the ratification by half of
properties by the state. the state legislatures with a simple
majority.
Amalgamation of corporations.
Provisions that require special majority of the
Abolition or modification of the rights
Parliament and ratification by half of the States
of the directors or shareholders of the
include:
corporations.
Abolition or modification of the mining Article 368 itself.
leases. Election of the President and the manner
o Article 31B on the other hand saves the of election.
acts and regulations included under the Extent of executive powers of the Centre
Ninth Schedule from being challenged on and States.
the ground of contravention of any of the Distribution of legislative powers between
fundamental rights.. Hence, Article 31B the Centre and the States.
has much wider connotations as compared
GST Council
to Article 31A.
Seventh Schedule
Representation of States in the Parliament.
Supreme Court and High Courts.
• Statement 2 is incorrect: Amendment
regarding Delimitation of the Constituencies is
done by the simple majority of the Parliament
● Statement 2 is incorrect: Article 31A does not and is not considered as an Amendment under
exempt a law by state legislature from judicial Article 368.
review unless it has been reserved for
presidential consideration and has received his Q.3) Ans: B
assent. Exp:
● Statement 3 is incorrect: It was in the ● Statement 1 is correct: The amendment to the
I.R.Coelho case (2007) that the Supreme Court Constitution can be initiated both by the
that the laws or acts placed under the Ninth ministers or the private members.
 31

● Statement 2 is incorrect: There is no provision Enlarging the jurisdiction of the Supreme Court
of joint sitting to resolve the deadlock in case can be amended by the simple majority of the
of constitutional amendment bills. However, Parliament. Such amendments do not come
the provision of joint sitting exists in case of under the purview of Article 368.
ordinary bills. It is convened by the President
and presided over by the Speaker, Lok Sabha. Q.5) Ans: C
● Statement 3 is incorrect: The President must Exp:
give his assent to the Constitutional • Statement 1 is incorrect: The 100th
Amendment Bill and must not withhold or Constitutional Amendment Act deals with the
return such bills. This provision was added by Land Boundary Agreement between India and
the 24th Constitutional Amendment Act, 1971 Bangladesh. While it is the 99th Constitutional
and not by the 42nd Constitutional Amendment Act that dealt with the National
Amendment Act, 1976. Judicial Appointment Commission (NJAC).
● Statement 4 is correct: The Rajya Sabha enjoys • Statement 2 is correct: The 101st
equal power with the Lok Sabha in case of Constitutional Amendment Act deals with the
Constitutional Amendment Bills. Such bills provision of Goods and Services Tax.
must be passed with the special majority • Statement 3 is incorrect: The 102nd
(majority of the total membership + majority of Constitutional Amendment Act deals with the
two-thirds of the members present and voting) National Commission on Backward Classes
in both Lok Sabha and Rajya Sabha. Also, a while it is the 104th Constitutional
Constitutional Amendment Bill can be Amendment Act that deals with the extension
introduced in any of the Houses i.e. either the of reservation of seats for the SCs and STs in
Lok Sabha or the Rajya Sabha. the Lok Sabha and the State Legislative
Assemblies.
Q.4) Ans: B
Exp: Q.6) Ans: A
● Statement 3, 5 and 6 are correct: Exp:
Provisions that require special majority of the • Statement 1 is correct: The 24th
Parliament and ratification by half of the States Constitutional Amendment Act, 1971
include: amended the Article 13 and Article 368 of the
Constitutional. It changed Article 13 to mean
o Power to amend the constitution (Article that the Constitutional Amendments do not
368) itself. constitute a law and hence cannot be
o Election of the President and the manner challenged. However, the Supreme Court held
of election. in Kesavananda Bharati (1973) that even
o Extent of executive powers of the Centre Constitutional amendments can be challenged
and States. on the grounds that it violates the basic
o Distribution of legislative powers between structure of the Constitution. The 24th
the Centre and the States. Constitutional Amendment Act also amended
o GST Council the Article 368 and gave explicit power to the
o Seventh Schedule Parliament to amend the Constitution.
o Representation of States in the Parliament. • Statement 2 is incorrect: In the Golaknath
o Supreme Court and High Courts. case (1967), the Supreme Court held that
● Statement 1, 2 and 4 are incorrect: Provisions Fundamental Rights can not be amended or
regarding Citizenship, Official Language and altered to give effect to any of the Directive
 32

Principles. It was in response to this judgement ● Statement 2 is incorrect: It was the 25th
of the Court that the Parliament came up with Constitutional Amendment Act, 1971 that
the 24th Constitutional Amendment Act, 1971. inserted Article 31C as per which any law that
• Statement 3 is incorrect: It was the 25th seeks to implement the Articles 39 (b) and 39
Constitutional Amendment Act, 1971 that (c) to the Constitution cannot be challenged on
inserted Article 31C as per which any law that the ground that it contravenes with the Article
seeks to implement the Articles 39 (b) and 39 14, 19 and 31 of the Constitution. However, in
(c) to the Constitution cannot be challenged on the Keshavanada Bharati case (1973), the
the ground that it contravenes with the Article Supreme Court held that Judicial Review forms
14, 19 and 31 of the Constitution. However, in a part of the basic structure of the
the Keshavanada Bharati case (1973), the Constitution. The 42nd Constitutional
Supreme Court held that Judicial Review forms Amendment Act, 1976 accorded the
a part of the basic structure of the supremacy over to all Directive Principles over
Constitution. the Fundamental rights under Article 14, 19
o Article 39 (b) deals with the equitable and 31. However, this provision was struck
distribution of the material resources of a down by the Supreme Court in the Minerva
community for the common good. Mills case (1980) that held that Indian
o Article 39 (c) deals with preventing the Constitution is based on the balance between
concentration of wealth and means of the Fundamental Rights and DPSP.
production.
Q.8) Ans: C
Q.7) Ans: A Exp:
Exp: ● Statement 1 is correct: Under the US
• Statement 1 is correct: The 42nd Constitution, The House of Representatives
Constitutional Amendment Act, 1976 referred (Lower House) has the “the sole power of
to as the “mini constitution” introduced impeachment” while the Senate (Upper
changes in the Preamble, Directive Principles House) has “the sole power to try all
and the Fundamental Duties among the impeachments”. The Chief Justice of the US
various other things. Supreme Court has the duty of presiding over
o It added three new words to the Preamble impeachment trials in the Senate.
( i.e., Socialist, Secular and Integrity)
o It added Part IV A pertaining to the
Fundamental Duties on the
recommendation of the Swaran Singh
Committee.
o Also made changes in the Directive
Principles:
Article 39 (f) to secure opportunities for
the healthy development of children.
Article 39 A to promote equal justice and
to provide free legal aid to the poor.
Article 43 A to secure the participation of
workers in the management of industries.
Article 48 A to improve the environment ● Statement 2 is correct: Three United States
and to safeguard forests and wildlife. presidents have been impeached, although
 33

none were convicted: Andrew Johnson in ● Statement 1 is incorrect- Kesavananda Bharati

1868, Bill Clinton in 1998, and Donald Trump case of 1973- The Supreme court of India ruled
in 2019 and 2021. In India however, no that the constituent power of Parliament
president has faced impeachment under article 368(Article 368 in Part XX of the
proceedings so the above provisions have Constitution deals with the power of
never been used. parliament to amend the constitution and its
Q.9) Ans: D procedures) does not enable it to alter the
Exp: basic structure of the constitution. However,
• Option A is incorrect: Constitutional the constitution is neither too rigid nor too
Amendment Bills can be introduced in both the flexible in terms of amendment.
Lok sabha or the Rajya Sabha. Hence, both Lok ● Statement 2 is correct - Some provisions of the
Sabha and Rajya sabha have equal powers with Constitution can be amended by a simple
respect to the constitutional amendment bills. majority of the parliament. These
• Option B is incorrect: Elections to the amendments do not come under Article 368.
Parliament and the State Legislature require a These provisions include:
simple majority of the Parliament for its o Admission or establishment of new states,
amendment. Hence, it lies outside the purview Formation of new states and alteration of
of Article 368 of the Constitution. Provisions areas, boundaries or names of existing
that require special majority of the Parliament states.
and ratification by half of the States (with o Privileges of the Parliament, its members
simple majority) include: and its committees.
o Article 368 itself. o Abolition or creation of legislative councils
o Election of the President and the manner in states.
of election. o Conferment of more jurisdiction on the
o Extent of executive powers of the Centre Supreme Court.
and States. o Citizenship-acquisition and termination.
o Distribution of legislative powers between o Allowances, privileges and so on of the
the Centre and the States. president, the governors, the Speakers,
o GST Council judges, etc.
o Seventh Schedule o Quorum in Parliament.
o Representation of States in the Parliament. o Salaries and allowances of the members of
o Supreme Court and High Courts. Parliament.
● Option C is incorrect: There is no time limit o Rules of procedure in Parliament.
prescribed in the Constitution for the o Number of puisne judges in the Supreme
ratification by the states. Court.
● Option D is correct: Changes in Salaries and o Elections to Parliament and state
Allowances of the MPs amounts to a legislatures.
Constitutional Amendment outside Article o Delimitation of constituencies.
368. It is done by the simple majority of the o Union territories
Parliament, like any other ordinary legislation. ● Statement 3 is incorrect: Use of the English
language in Parliament requires a simple
majority of parliament for amendment and this
Q.10) Ans: B
amendment does not come under Article 368.
Exp:
 34

Q.11) Ans: A ● Statement 2 is correct: Article 21A declares

Exp: that State shall provide free and compulsory
● Statement 1 is correct: 52nd Constitutional education to all children of the age of six and
Amendment Act, 1985 added Tenth Schedule fourteen years. It was added by the 86th
to the Constitution. It deals with the provisions Constitutional Amendment Act, 2002. To fulfil
related to the Anti-defection law. the objectives of Article 21A, the Parliament
● Statement 2 is incorrect: 93rd Constitutional enacted the Right of Children to Free and
Amendment Act, 2005 empowered the state Compulsory Education (RTE) Act, 2009.
to make special provisions for the socially and
educationally backward classes/ SCs/STs in
Q.13) Ans: D
educational institutions including the private
Exp:
educational institutions. However, minority
● Statement 1 is incorrect: 86th Constitutional
educational institutions are exempted from
Amendment Act, 2002 made changes in the
these provisions. While the 86th Constitutional
Fundamental rights, Directive principles of the
Amendment Act, 2002 dealt with the Article
State Policy and Fundamental duties. It
21A of the Constitution which aims to provide
inserted Article 21A to the chapter on
free and compulsory education to all the
Fundamental rights. Article 21A declares that
children of the age of 6-14 years.
State shall provide free and compulsory
education to all children of the age of six and
Q.12) Ans: B fourteen years. It also made changes to Article
Exp: 45. Article 45 deals with providing early
● Statement 1 is incorrect: 103rd Constitutional childhood care and education for all children
Amendment Act of 2019 seeks to provide until they attain the age of six years.It also
reservation to the Economically Weaker inserted additional fundamental duty in article
sections in the Educational Institutions and in 51A for parents or the guardian to provide
Public Employment. It amended the Article 15 opportunity of education to his child or ward
and 16 of the Constitution and made no between the age of 6 to 14 years.
change in the Article 14. ● Statement 2 is incorrect: 44th Constitutional
o Article 15 deals with prohibition on Amendment Act, 1978 inserted a directive
discrimination on certain grounds. It principle that aims to minimize inequalities in
ensures that states do not discriminate income, status, facilities, and opportunities.
against any citizen on the grounds only of The provision regarding promotion of equal
religion, race, caste, sex, or place of birth. justice and providing free legal aid to the poor
o Article 16 deals with equality of is contained in Article 39A of the Constitution.
opportunity for all citizens in the matters It was inserted by the 42nd Constitutional
related to public employment. Amendment Act, 1976.

Q.14) Ans: C
Exp:
● Statement 1 is correct: 101st Constitutional
Amendment Act deals with the concurrent
power of taxation by the Centre and the states.
Both Parliament and State legislatures have
 35

concurrent powers of taxation in matters manner like the ordinary legislative process of
related to Goods and Services tax. the Parliament.
● Statement 2 is correct: 101st Constitutional • Option D is correct: As only elected
Amendment Act, 2016 inserted Article 279¬A representatives are empowered to consider
in the Constitution. Article 279A empowers the and take final decision on question of
President to create a Goods and Services Tax amendment. Thus sovereignty of elected
Council or the GST Council with the powers to representatives is the basis of amendment
make decisions in matters related to GST. procedure.

Q.16) Ans: B
Exp:
● Statement 1 is incorrect: NITI Aayog is neither
a Constitutional nor a statutory body. It was
established in 2015 as the think tank of the
● Statement 3 is correct: An Amendment to the nation by an executive resolution of the
provisions relating to GST council requires Government of India.
constitutional amendment under Article 368 of • Statement 2 is correct: The original
the Constitution. It requires a special majority Constitution did not contain any provision
in the Parliament and ratification by half of the regarding the special officer for linguistic
state legislatures by simple majority. minorities. It was added to the constitution by
the 7th Constitutional Amendment Act, 1956
Q.15) Ans: C and added to Part XVII of the Constitution
Exp: under Article 350-B. It falls under the ministry
• Option A is correct: Constitution makers kept of minority affairs.
● Statement 3 is correct: National Commission
in mind that changing times would require
amendment to the constitution. Hence, to for Backward classes was added to the
make it a living document that is coherent with Constitution of India by way of the 102nd
its times, they kept the option open for its Constitutional Amendment Act, 2018. It is
amendment in future. Hence, our constitution mentioned in the Article 338-B of the
is not a frozen document. It is subject to Constitution of India.
alterations and modifications with changing ● Statement 4 is correct: Goods and Service Tax

times. council was added by the 101st Constitutional

Amendment Act, 2016 which inserted Article
• Option B is correct: Provisions like
279-A.
Fundamental rights, DPSPs, several federal
● Statement 5 is incorrect: Central Information
provisions, the process of amendment is rigid.
It requires a special majority in the Parliament Commission is not a Constitutional body. It was
while some even require ratification by half of constituted in 2005 by the Gazette notification
the state legislatures. Hence, amendment to under the Right to Information Act, 2005.
the constitution is a mix of both rigid and
Q.17) Ans: C
flexible provisions.
Exp:
• Option C is incorrect: Our Constitution
● Statement 1 is correct: 91st Constitutional
envisages a federal polity and hence provisions
Amendment Act dealt with the strengthening
that deal with the rights and powers of the
of the Anti-defection law. According to this, the
states cannot be amended in a very flexible
total number of ministers, including the Prime
 36

Minister, shall not be more than 15% of the Panchayats and the Municipalities. Articles
total strength of the Lok Sabha. 243I and the 243Y deals with the constitution
● Statement 2 is correct: 71st Constitutional of the finance commission.
Amendment Act added Konkani, Manipuri, and
Nepali to the Eighth Schedule of the
Q.19) Ans: A
Constitution.
Exp:
● Statement 3 is incorrect: 97th Constitutional
● Statement 1 is Correct and Statement 2 is
Amendment Act gave constitutional status to
Correct: 42nd constitutional amendment act
the Cooperative societies by inserting part IX-B
which is also known as Mini-Constitution
to the Constitution of the country.
added part XIV A in which provided for creation
● Statement 4 is incorrect: 89th Constitutional
of administrative tribunal and tribunals for
Amendment Act divided the National
other matters. The Act also did away with the
Commission of Scheduled Castes and the
requirement of quorum in the parliament and
National Commission on Scheduled Tribes into
the state legislatures which was later restored
separate bodies. Sixth Schedule of the
by the 44th constitutional amendment act
constitution deals with the administration of
● Statement 3 is incorrect: The right to property
the tribal areas in the state of Assam,
is deleted from the list of Fundamental Rights
Meghalaya, Tripura, and Mizoram.
and made it only a legal right by the 44th
constitutional amendment act 1978.
Q.18) Ans: B
Exp: Q.20) Ans: A
● Statement 1 is incorrect: Rearrangement of Exp:
items amongst the three lists require ● Statement 1 is correct: The constitutional
amendment of the Constitution with the amendment bill passed by both the houses of
special majority of the Parliament and with parliament needs the assent of the president.
ratification by half of the state legislatures with The President must give his assent to the bill.
a simple majority. The 42nd Constitutional ● Statement 2 and 3 are incorrect: He can
Amendment Act, 1976 is an example here. It neither withhold his assent to the bill nor
transferred five subjects (education, forests, return the bill for reconsideration of the
weights and measures, protection of wild parliament. The 24th constitutional
animals and birds and administration of amendment act of 1971 made it obligatory for
justice) from the Concurrent list to the state the president to give his accent to a
list. constitutional amendment bill.
● Statement 4 is incorrect: In the Indian
Constitution, there is no provision of not
requiring the President's assent to a bill,
though the bill gets passed by Parliament.

Q.21) Ans: D
Exp:
● Statement 2 is correct: The provision related ● Option A is incorrect: 14th amendment act of
to the State Finance Commission was added by 1962 incorporated Puducherry in the Indian
the 73rd and 74th Constitutional Amendment Union and provided the creation of legislatures
Act which added provisions regarding the and council of ministers for the union
 37

territories of Himachal Pradesh, Manipur, the words "unity of the nation" to "unity and
Tripura, Goa, Daman and Diu and Puducherry. integrity of the nation".
● Option B is incorrect: The 4th amendment act ● Statement 3 is incorrect: The 73rd
of 1955 made the scale of compensation given Amendment Act, 1992 granted constitutional
in lieu of compulsory acquisition of private status and protection to the Panchayati raj
property beyond the scrutiny of courts and institutions.
included some more acts in the Ninth ● Statement 4 is incorrect: The 34th
schedule. Amendment Act, 1974 included twenty more
● Option C is incorrect: The 17th amendment land tenure and land reforms acts of various
act of 1964 included 44 more acts in the Ninth states in the Ninth Schedule.
schedule.
● Option D is correct: The 1st amendment act of Q.23) Ans: A
1951 added the Ninth schedule to protect the Exp:
land reform and other laws included in it from ● Statement 1 is correct: The members of
judicial review. parliament other than ministers are called
o Ninth Schedule: private members and a bill introduced by a
§ It deals with the state acts and private member is called a private member bill.
regulations of land reforms and ● Statement 2 is incorrect: Private member bills
abolition of the zamindari system. It are not restricted to bills proposed by the
also deals with the acts and members of the opposition party in Parliament
regulations of the Parliament dealing but it covers the members of parliament of
with other matters. both ruling and opposition party/alliance but
§ In 2007, the Supreme Court ruled that not the ministers of government.
the laws included in this schedule ● Statement 3 is incorrect: The constitutional
after April 24, 1973, are now open to amendment bill can be introduced either by a
judicial review. minister or by a private member and does not
require prior permission of the president.
Q.22) Ans: A ● Statement 4 is incorrect: 14 private member’s
Exp: bills- five of which were introduced in Rajya
● Statement 1 is correct: The 44th Amendment Sabha have become law so far. Some other
of 1978 removed the right to property from the private member bills that have become laws
list of fundamental rights. A new provision, include:
Article 300-A, was added to the constitution, a) Proceedings of legislature (Protection of
which provided that “no person shall be Publication) Bill, 1956, in Lok Sabha.
deprived of his property saved by authority of b) The salaries and allowances of members of
law”. Therefore, the article protects an parliament (Amendment) Bill,1964.
individual from interference by the State and c) The Indian penal code (amendment) bill,
dispossessing a person of the property unless 1967 introduced in the Rajya Sabha.
it is in accordance with the procedure
established by law. Q.24) Ans: C
● Statement 2 is incorrect: The 42nd Exp:
Amendment changed the description of India ● Statement 1 is correct: In case of a deadlock,
in the Preamble from a "sovereign democratic The president can summon a joint sitting of
republic" to a "sovereign, socialist, secular, both houses to pass a legislative bill, except a
democratic and republic", and also changed money bill. But for a constitutional
 38

amendment bill, such joint sitting cannot be ● Statement 3 is correct: In the 73rd
summoned. Constitutional Amendment Act 1992 under
● Statement 2 is correct: In case of a legislative Article 280, the State Finance Commission was
bill, the president can withhold his assent or established in all the states of India from 1993
return it to parliament to reconsider it. But in on the lines of the Finance Commission of the
case of a Constitutional amendment bill, the Center.
President must give the assent.
● Statement 3 is incorrect: The constitution can Q.26) Ans: D
be amended by three ways: Exp:
a) By simple majority of both the houses. ● All statements are correct: Simple Majority:-
b) By special majority of both the houses. The amendment of certain provisions of the
c) By special majority of both the houses with Constitution by a simple majority of
ratification from half of the states. Parliament, that is, a majority of the members
● Statement 4 is incorrect: The legislative bill can of each House present and voting (similar to
be introduced in either Lok sabha or Rajya the ordinary legislative process). A number of
sabha but money bill can be introduced only in provisions in the Constitution can be amended
lok sabha. The constitutional amendment bill by a simple majority of the two Houses of
can be introduced in either houses of Parliament outside the scope of Article 368.
parliament and not in the state legislatures. These provisions include:
1. Admission or establishment of new states.
Q.25) Ans: D 2. Formation of new states and alteration of
Exp: areas, boundaries or names of existing
● Statement 1 is correct: The 73rd Constitutional states.
Amendment Act provides for mandatory 3. Abolition or creation of legislative councils
reservation for Scheduled Castes/ Scheduled in states.
Tribes in every panchayat in the same 4. Second Schedule- emoluments,
proportion as the population in the panchayat allowances, privileges and so on of the
area. president, the governors, the Speakers,
judges, etc.
5. Quorum in Parliament.
6. Salaries and allowances of the members of
Parliament.
7. Rules of procedure in Parliament.
8. Privileges of the Parliament, its members
and its committees.
9. Use of English language in Parliament.
● Statement 2 is correct: The 73rd
10. Number of puisne judges in the Supreme
Constitutional Amendment Act granted
Court.
constitutional status and protection to the
11. Conferment of more jurisdiction on the
Panchayati raj institutions. For this purpose,
Supreme Court.
the amendment added a new Part-IX entitled
12. Use of official language.
“the panchayats” and a new Eleventh Schedule
13. Citizenship-acquisition and termination.
containing 29 functional items of the
14. Elections to Parliament and state
panchayats.
legislatures.
15. Delimitation of constituencies.
 39

16. Union territories. or disapprove such a resolution or may not

17. Fifth Schedule: administration of take any action on it.
scheduled areas and scheduled tribes. ● Statement 2 is correct: Major part of the
18. Sixth Schedule: administration of tribal Constitution can be amended by the
areas. Parliament alone either by a special majority or
by a simple majority. Only in a few cases, the
Q.27) Ans: D consent of the state legislatures is required
Exp: and that too, only half of them, while in the
● Statements 1 , 2 , 3 and 4 are correct: Those USA, it is three-fourths of the states.
provisions of the Constitution which are ● Statement 3 is incorrect: The Constitution
related to the federal structure of the polity does not prescribe the time frame within
can be amended by a special majority of the which the state legislatures should ratify or
Parliament and with the consent of half of the reject an amendment submitted to them. Also,
state legislatures by a simple majority. The it is silent on the issue whether the states can
following provisions can be amended in this withdraw their approval after the same.
way:
1. Election of the President and its manners. Q.29) Ans: A
2. Extent of the executive power of the Union Exp:
and the states. ● Statement 1 is incorrect: It added three new
3. Supreme Court and high courts. words, ‘socialist, secular and integrity ‘ in the
4. Distribution of legislative powers between Preamble.
the Union and the states. ● Statement 2 is correct: Three new Directive
5. Goods and Services Tax Council. Principles of State Policy were added to the
6. Any of the lists in the Seventh Schedule. existing list of DPSPs and one was amended.
7. Representation of states in Parliament. They are as follows:
8. Power of Parliament to amend the 1. To secure opportunities for the healthy
Constitution and its procedure(Article 368 development of children (Article 39).
itself). 2. To promote equal justice and to provide
• Statements 5 and 6 are incorrect: Use of free legal aid to the poor (Article 39 A).
English language in Parliament and abolition or 3. To take steps to secure the participation of
creation of legislative councils in states workers in the management of industries
requires only the simple majority of both (Article 43 A).
houses of Parliament only. 4. To protect and improve the environment
Q.28) Ans: D and to safeguard forests and wildlife
Exp: (Article 48 A).
● Statement 1 is incorrect: The power to initiate
an amendment to the Constitution lies with
the Parliament. Hence, unlike in the USA, the
state legislatures cannot initiate any bill or
proposal for amending the Constitution except
in one case, that is, passing a resolution
requesting the Parliament for the creation or
abolition of legislative councils in the states.
Here also, the Parliament can either approve ● Statement 3 is correct: The act added 10
fundamental duties. Few of them are
 40

1. Abide by the Constitution and respect the

national flag & National Anthem. Q.31) Ans: A
2. Follow the ideals of the freedom struggle. Exp:
3. Protect the sovereignty and integrity of ● Statement 1 is Correct: The 92nd
India. Constitutional Amendment Act 2003 added
● The Sardar Swaran Singh Committee was set Bodo, Santhali, Maithili and Dongi languages in
up by the Congress Party in 1976 to make the 8th Schedule of the Constitution.
recommendations about fundamental duties, Originally, there were 14 languages in the 8th
the need and necessity of which was felt during Schedule. 21st Constitutional amendment Act
the operation of the internal emergency (1975- added Sindhi language. The 71th
1977). The Congress Government at the Centre Constitutional amendment Act added
accepted these recommendations and enacted Konkani, Manipuri, and Nepali languages.
the 42nd Constitutional Amendment Act in ● Statement 2 is Incorrect: 52th Constitutional
1976. The amendment added a new part, amendment Act of 1985 provided for
namely, Part IVA to the Constitution. This new disqualification of members of parliament and
part consists of only one Article, that is, Article state Legislatures on the ground of defection
51A. and added a new Tenth Schedule containing
the details in this regard.
Q.30) Ans: A ● Statement 3 is Incorrect: 69th Constitutional
Exp: amendment Act 1991 accorded a special
● Statement 1 is correct: The Constitution 86th status to the Union Territory of Delhi by
Amendment Act, 2002 enshrined the right to designing it as a National Capital Territory of
education as a fundamental right in part-Ill of Delhi. The amendment also provided for the
the constitution. It came up with a new article creation of a 70 members legislative assembly
21A. This article reads: "The State shall provide and 7 member council of ministers for Delhi.
free and compulsory education to all children ● Statement 4 is incorrect: 99th Constitutional
of the age of six to fourteen years in such amendment Act of 2014 replaced the
manner as the State may, by law, determine". Collegium system of appointing judges to the
● Statement 2 is correct: DPSP was changed. Supreme Court and High Courts with a new
Article 45 which originally stated: "The State body called the National Judicial Appointment
shall endeavor to provide, within a period of Commission.
ten years from the commencement of this
Constitution, for free and compulsory Q.32) Ans: B
education for all children until they complete Exp:
the age of fourteen years. It was substituted as ● Statement 1 is incorrect: The 42nd
'The State shall endeavor to provide early Constitutional Amendment Act of 1976 has
childhood care and education for all children placed the election to the President, Vice-
until they complete the age of six years.' President and the Prime Minister beyond
● Statement 3 is incorrect: There was a change judicial review. However, this provision was
in Fundamental Duties. Article 51A was also repealed by the 44th Constitution Amendment
amended which says: "Who is a parent or Act of 1978.
guardian to provide opportunities for ● Statement 2 is correct: 99th Constitution
education to his child or, as the case may be, a Amendment Act of 2014 has replaced the
ward between the age of six and fourteen collegium system of appointing judges to the
years.” Supreme Court and High Courts with a new
 41

body called the National Judicial Appointments ● Pair 1 is correct: Originally, there were 14
Commission (NJAC). However, in 2015, the languages in the 8th Schedule. 21st
Supreme Court declared this amendment act Constitutional amendment Act added Sindhi
as unconstitutional and void as it was violative language. The 71st Constitutional amendment
of the independence of the judiciary. Act added Konkani, Manipuri, and Nepali
Consequently, the earlier collegium system languages.The 92nd Constitutional
became operative again. Amendment Act 2003 added Bodo, Santhali,
● Statement 3 is incorrect: The 42nd Maithili and Dongi languages in the 8th
Constitutional amendment Act,1976 made the Schedule of the Constitution.
president bound to the advice of the cabinet. ● Pair 2 is incorrect: The 102nd Amendment act
provided Constitutional Status to the National
Q.33) Ans: A Commission for Backward Classes (NCBC).The
Exp: 104th Amendment act has amended Article
About the Ninth Schedule 334 to cease the reservation of Anglo-Indians
in the Lok Sabha and the state legislative
● The Ninth Schedule was added by the 1st
assemblies. The 104th Amendment act
Constitution Amendment Act of 1951 which
extended the Reservation of seats for the
was enacted during the prime ministership of
Scheduled Castes and Scheduled Tribes for
Jawaharlal Nehru.
another 10 years.
● Features of the 1st Constitution Amendment
● Pair 3 is correct: 52nd Constitutional
Act of 1951 :
amendment Act of 1985 provided for
1. It provided for the saving of laws providing
disqualification of members of parliament and
for acquisition of estates, etc (Article 31A).
state Legislatures on the ground of defection
2. It empowered the state to make special
and added a new Tenth Schedule containing
provisions for the advancement of socially
the details in this regard.
and economically backward classes
● Pair 4 is correct: The 101st Amendment Act of
(Article 15).
2016 introduced a new tax system of goods
3. It added the Ninth Schedule to protect the
and services tax (GST) in the country. The
land reforms and other laws included in it
amendment provided for the establishment of
from judicial review.
a GST Council. The amendment inserted a new
4. It also added three more grounds of
Article 279-A in the Constitution of India. This
restrictions on freedom of speech and
article empowered the President to constitute
expression namely public order, friendly
a GST Council by an order. Accordingly, the
relations with foreign states and
President issued the order in 2016 and
incitement to an offense.
constituted the Council. The Secretariat of the
5. It also made the restrictions ‘reasonable’
Council is located in New Delhi. The Union
and thus, justiciable in nature (Article 19).
Revenue Secretary acts as the ex-officio
6. It provided that state trading and
Secretary to the Council.
nationalization of any trade or business by
the state is not to be invalid on the ground
of violation of the right to trade or business Q.35) Ans: D
(Article 19). Exp:
● Statement 1 is correct: An amendment of the
Q.34) Ans: D Constitution can be initiated only by the
Exp: introduction of a bill for the purpose in either
 42

House of Parliament and not in the state o Salaries and allowances of the members of
legislatures. The bill can be introduced either Parliament.
by a minister or by a private member and does o Rules of procedure in Parliament.
not require prior permission of the president. o Privileges of the Parliament, its members
● Statement 2 is incorrect: The bill must be and its committees.
passed in each House by a special majority, o Use of English language in Parliament.
that is, a majority (that is, more than 50 per o Number of puisne judges in the Supreme
cent) of the total membership of the House Court.
and a majority of two-thirds of the members of o Conferment of more jurisdiction on the
the House present and voting. Each House Supreme Court.
must pass the bill separately. In case of a o Use of official language.
disagreement between the two Houses, there o Citizenship: acquisition and termination.
is no provision for holding a joint sitting of the
two Houses for the purpose of deliberation Q.37) Ans: C
and passage of the bill. Exp:
● Statement 3 is correct: After duly passed by ● The present position is that the Parliament
both the Houses of Parliament and ratified by under Article 368 can amend any part of the
the state legislatures, where necessary, the bill Constitution including the Fundamental Rights
is presented to the president for assent. The but without affecting the ‘basic structure’ of
president must give his assent to the bill. He the Constitution. However, the Supreme Court
can neither withhold his assent to the bill nor is yet to define or clarify as to what constitutes
return the bill for reconsideration of the the ‘basic structure’ of the Constitution.
Parliament. After the president’s assent, the
bill becomes an Act (i.e., a constitutional
amendment act) and the Constitution stands
amended in accordance with the terms of the
Act.

Q.36) Ans: D
Exp: ● From the various judgements, the following
● A number of provisions in the Constitution can have emerged as ‘basic features’ of the
be amended by a simple majority of the two Constitution or elements / components /
Houses of Parliament outside the scope of ingredients of the ‘basic structure’ of the
Article 368. These provisions include: constitution:
o Admission or establishment of new states. o Supremacy of the Constitution
o Formation of new states and alteration of o Sovereign, democratic and republican
areas, boundaries or names of existing nature of the Indian polity
states. o Secular character of the Constitution
o Abolition or creation of legislative councils o Separation of powers between the
in states. legislature, the executive and the
o Second Schedule: emoluments, judiciaryZoom
allowances, privileges and so on of the o Federal character of the Constitution
president, the governors, the Speakers, o Unity and integrity of the nation
judges, etc. o Welfare state (socio-economic justice)
o Quorum in Parliament. o Judicial review
 43

o Freedom and dignity of the individual

o Rule of law
o Harmony and balance between
Fundamental Rights and Directive
Principles
o Principle of equality
o Free and fair elections
o Independence of Judiciary
o Limited power of Parliament to amend the
Constitution
o Effective access to justice
o Principles (or essence) underlying
fundamental rights.
o Powers of the Supreme Court under
Articles 32, 136, 141 and 142

Students Note
 44

Preamble

Q.1) Ans: B
Exp:
• The term ‘equality’ means the absence of
special privileges to any section of the society,
and the provision of adequate opportunities
for all individuals without any
discrimination.The provisions in the
Constitution embraces three dimensions of
equality–civic, political and economic which
are Equality before the law (Article 14),
Prohibition of discrimination on grounds of
religion, race,caste, sex or place of birth
(Article 15), Equality of opportunity in matters
of public employment (Article 16), Abolition of
untouchability (Article 17), Abolition of titles
(Article 18). Right against exploitation provides
for Prohibition of Human trafficking ( Article
23) and Right to marry is wider interpretation
of (Article 21), Right to Life and Liberty. • Statement 3 is incorrect: Objective Resolution
did not mention the date of commencement of
Q.2) Ans: A the Constitution.
Exp:
• Statement 1 is correct: The Preamble of the
Constitution is based on the Objective Q.3) Ans: A
Resolution drafted and moved by Pandit Nehru Exp:
in the Constituent Assembly. ● Option A is correct: The Preamble provides the
• Statement 2 is incorrect: The Objective source of authority of the Constitution as the
Resolution mentioned greater rights to citizens people of India.
than those mentioned in Preamble. These ● Option B is incorrect: The Preamble provides
were “justice, social, economic and political; liberty of thought, expression, belief, faith and
equality of status of opportunity, and before worship.
the law; freedom of thought, expression, ● Option C is incorrect: The Preamble has been
belief, faith, worship, vocation, association and amended only once through 42nd
action, subject to law and public morality; and Constitutional Amendment Act, 1976 which
adequate safeguards for minorities, backward added three new words—Socialist, Secular and
and tribal areas, and depressed and other Integrity—to the Preamble.
backward classes.” ● Option D is incorrect: In the Berubari Union
case, the Supreme Court held that the
Preamble is not a part of the Constitution. It is
in the Kesavananda Bharati case that the
Supreme Court held that the Preamble is part
of the Constitution.
 45

Q.4) Ans: D activities of an individual. It does not mean the

Exp: absence of laws as liberty cannot be achieved
● Statement 1 is incorrect: The Preamble without laws as laws would establish rule of
mentions “Equality of status and opportunity”. law in the country.
It mentions social, economic and political ● Statement 3 is correct: Liberty provides
justice. opportunities for the development of an
● Statement 2 is correct: The term ‘equality’ individual personality.
means the absence of special privileges for any ● Statement 4 is correct: Liberty is essential for
section of the society, and the provision of successful functioning of democracy as it
adequate opportunities for all individuals would not place restrictions on an individual
without any discrimination. in terms of his/her innovations.
● Statement 3 is correct: The provision of
reservation under Article 16 envisages to Q.7) Ans: D
provide equality of opportunity in matters of Exp:
public employment and therefore emanates ● Option 1 is correct: Article 17 provides for
from the term ‘equality’ of the Preamble. abolition of untouchability and thus aims to
remove social disabilities imposed on certain
Q.5) Ans: C sections of the society.
Exp: ● Option 2 is correct: Article 38 directs the State
● Option 1 is correct: The Article 51A(e) bestows to secure a social order for the promotion of
a fundamental duty on every citizen of India welfare of the people and thus promotes social
“to promote harmony and the spirit of justice.
common brotherhood amongst all the people ● Option 3 is correct: Article 39A directs the
of India transcending religious, linguistic and State to promote equal justice and to provide
regional or sectional diversities and to free legal aid to the poor.
renounce practices derogatory to the dignity of ● Option 4 is correct: Article 42 provides for just
women” and humane conditions of work and maternity
● Option 2 is incorrect: Article 38 directs the relief.
State to secure a social order for the promotion ● Option 5 is incorrect: Article 49 directs the
of welfare of the people. It aims to promote State to protect monuments, places and
justice – social, economic and political. And objects of artistic or historic interest which are
minimise inequality in income, status, facilities declared to be of national importance. Thus, it
and opportunities. is not related to social justice, rather it is a
● Option 3 is incorrect: Article 18 provides for liberal-intellectual principle.
abolition of hereditary titles and thus ● Option 6 is incorrect: Article 50 directs the
promotes equality among the citizens. State to separate the judiciary from the
executive in the public services of the State.
Thus, it is a liberal-intellectual principle.
Q.6) Ans: A
Exp:
● Statement 1 is incorrect: The Preamble Q.8) Ans: B
provides liberty of thought, expression, belief, Exp:
faith and worship. ● Statement 1 is correct: The Preamble has been
● Statement 2 is correct: The term ‘liberty’ amended only once so far by 42nd
means the absence of restraints on the Constitutional Amendment Act, 1976. At that
 46

time the Prime Minister of India was Mrs. ● Pair 2 is correct: Article 25 provides for
Indira Gandhi. freedom of conscience and free profession,
● Statement 2 is incorrect: The Supreme Court practice and propagation of religion. The right
in the Kesavananda Bharati case held that the to free profession provides an individual to
Preamble is part of the Constitution. declare his/her religious beliefs and faith
● Statement 3 is incorrect: The original openly and freely.
Preamble did not include the words ‘Secular’, ● Pair 3 is correct: Article 17 provides for
‘Socialist’ and ‘Integrity’ which were added by abolition of untouchability and thus protects
the 42nd Constitutional Amendment Act. the dignity of an individual.
● Pair 4 is correct: Article 21A provides for free
Q.9) Ans: D and compulsory education to all children of the
Exp: age of six to fourteen years and thus provides
● Statement 1 is incorrect: The term ‘Secular’ for social justice.
was added through the 42nd Constitutional
Amendment Act, 1976.
Q.11) Ans: B
● Statement 2 is incorrect: Indian model of
Exp:
secularism is called the soft model of
● Statement 1 is incorrect: Preamble was
secularism. It provides for a porous wall of
enacted by constitution assembly after the rest
separation between State and religion, i.e.
of the constitution was already enacted to
state can intervene in religious matters to give
ensure the conformity with the constitution
progressive voices within every religion and to
adopted by the assembly. The Supreme court
allow disagreement with some aspects of
in the Keshvananda Bharati case held that
religion, e.g. abolition of Sati, Hindu Code Bill,
Preamble is a part of the constitution.
Untouchability etc. However, religion is strictly
However, it must be noted that preamble is
prohibited in state matters, hence disallowing
neither source of power to legislature nor a
mobilising of electoral support on religious
prohibition upon the power of legislature
lines. On the other hand, the French model of
● Statement 2 is Correct: Preamble is non-
secularism is called the hard model of
justiciable i.e. Provisions of preamble are not
secularism that provides for strict separation
enforceable in courts of law.
of State and religion.
● Statement 3 is incorrect: In Berubari union
● Statement 3 is correct: Article 15 and 16
case Supreme court upheld that preamble
prohibits State from discrimination on the
cannot be amended as it is not part of the
ground religion and Article 44 provides for
constitution. But in Kesavananda Bharati case
uniform civil code and thus promotes
Supreme court changed its opinion and held
secularism in India. Other Articles of the
that the preamble can be amended subject to
Constitution that promote secularism are
the condition that no amendment is done to
Article 14, 25, 26, 27, 28.
the “basic feature

Q.10) Ans: D Q.12) Ans: A

Exp: Exp:
● Pair 1 is correct: Article 16 provides for ● Option A is correct: The Preamble provides the
equality of opportunity in matters of public source of authority of the Constitution as the
employment. people of India.
 47

● Option B is incorrect: The Preamble provides helping the less privileged people. The
liberty of thought, expression, belief, faith and Constitution tries to eliminate all the
worship. exploitations which harm equality in the
● Option C is incorrect: The Preamble has been society.
amended only once through 42nd • Statement 2 is incorrect: Economic Justice –
Constitutional Amendment Act, 1976 which Economic Justice means no discrimination can
added three new words—Socialist, Secular and be caused by people on the basis of their
Integrity—to the Preamble. wealth, income, and economic status. It
● Option D is incorrect: In the Berubari Union means wealth must be distributed on the basis
case, the Supreme Court held that the of their work, not with any other reason. Every
Preamble is not a part of the Constitution. It is person must be paid equally for an equal
in the Kesavananda Bharati case that the position and all people must get opportunities
Supreme Court held that the Preamble is part to earn for their living.
of the Constitution. • Statement 3 is correct: Political Justice –
Political Justice means all the people have an
Q.13) Ans : B equal, free and fair right without any
Exp: discrimination to participate in political
The Preamble reveals four ingredients or opportunities. It means everyone has equal
components rights to access political offices and have equal
• Source of authority of the Constitution: The participation in the processes of the
Preamble states that the Constitution derives government.
its authority from the people of India.
• Nature of Indian State: It declares India to be Q.15) Ans : A
of a sovereign, socialist, secular democratic Exp:
and republican polity. About The Term Justice
• Objectives of the Constitution: It specifies ● The term “justice” is found only in a few places
justice, liberty, equality and fraternity as the in the entire Constitution namely the
objectives. Preamble, Article 38, Article 39A & Article 142.
• Date of adoption of the Constitution: It ● On one hand Article 38 aims at promoting
stipulates November 26, 1949, as the date. social order in which justice viz. social,
economic and political shall inform all the
Q.14) Ans : C institutions of the nation as has been
Exp: enshrined in the Preamble.
The term ‘Justice’ comprises three elements that ● On the other hand Article 39 aims at secure
complete the definition, which is social, that the operation of the legal system
economic, and political. Justice among the citizens promotes justice, on a basis of equal
is necessary to maintain order in society. Justice is opportunity, and shall, in particular, provide
promised through various provisions of free legal aid, by suitable legislation or
Fundamental Rights and Directive Principles of schemes or in any other way, to ensure that
State Policy provided by the Constitution of India. opportunities for securing justice are not
• Statement 1 is incorrect: Social Justice – Social denied to any citizen by reason of economic or
justice means that the Constitution wants to other disabilities.
create a society without discrimination on any ● Furthermore, connecting Article 38 to that of
grounds like caste, creed, gender, religion, etc. Article 142 it acts as an enabling provision
Where people have equal social status by which gives power to the Apex Court to pass
 48

any order or decree with the aim of doing Q.17) Ans: C

complete justice in any cause or any matter Exp:
pending before it. However, these provisions ● The word ‘sovereign’ implies that India is
per se do not give a clear idea as to what the neither a dependency nor a dominion of
meaning of justice is. any other nation, but an independent
● The absence of any clear explanation to the state.
term “justice” in the Constitution leaves no ● There is no authority above it, and it is free
options for the scholars but to delve into to conduct its own affairs (both internal and
diverse theories of “justice” and through external). Though in 1949, India declared the
interpretations of such theories one needs to continuation of her full membership of the
find out how far the Constitution reflects such Commonwealth of Nations and accepted the
theories and ideas of “justice”. British Crown as the head of the
Commonwealth, this extra- constitutional
Q.16) Ans : C declaration does not affect India’s sovereignty
Exp: in any manner
● Statement 1 is incorrect: The preamble of the ● Further, India’s membership of the United
Constitution states that India is a Sovereign Nations Organisation (UNO) also in no way
State. The term ‘Sovereign’ means the constitutes a limitation on her sovereignty.
independent authority of the state. It means ● Being a sovereign state, India can either
the state has control over every subject and no acquire a foreign territory or cede a part of its
other authority or external power has control territory in favour of a foreign state.
over it. So, the legislature of our country has
the powers to make laws in the country with Q.18) Ans: A
restrictions keeping in mind imposed by the Exp:
Constitution. 42nd Amendment 1976
● Statement 2 is correct: Sovereignty, in general,
● Socialist was added by the 42nd Amendment
has two types: External and internal. External
1976, the Constitution had a socialist
sovereignty means the sovereignty in
content in the form of certain Directive
International Law which means the
Principles of State Policy. In other words,
independence of the state against other states
what was hitherto implicit in the
while internal sovereignty talks about the
Constitution has now been made explicit.
relationship between the state and the people
● The term ‘secular’ too was added by the
living in it.
42nd Constitutional Amendment Act of 1976.
● Statement 3 is incorrect: In the case of
However, as the Supreme Court said in 1974,
Synthetic & Chemicals Ltd. v. the State of Uttar
although the words ‘secular state’ were not
Pradesh, the Supreme Court decided that the
explicitly mentioned in the Constitution,
word ‘sovereign’ means that the state has the
there can be no doubt that Constitution
authority to control everything within the
Makers wanted to establish such a state
restrictions given by the Constitution.
and accordingly Articles 25 to 28 have been
Sovereign means supreme or independence.
included in the constitution.
This case helped in differentiating between
● The Preamble declares that fraternity has to
external and internal sovereign. This case
assure two things– the dignity of the
proposed that ‘No country can have its own
individual and the unity and integrity of the
constitution unless it is not sovereign’.
nation. The word ‘integrity’ has been added to
 49

the preamble by the 42nd Constitutional offices are not supposed to display or promote
Amendment (1976). any one religion.
● There is one significant way in which Indian
Q.19) Ans : C secularism differs from the dominant
Exp: understanding of secularism as practiced in the
● Statement 1 is correct: The word socialist was United States of America. This is because
not there in the Preamble of the Constitution unlike the strict separation between religion
in its original form. In 1976, the 42nd and the State in American secularism, in Indian
Amendment to the Constitution incorporated secularism the State can intervene in religious
‘Socialist’ and ‘Secular’, in the Preamble. The affairs.
word ‘Socialism’ had been used in the context
of economic planning. Q.21) Ans : B
● Statement 2 is correct: It signifies a major role Exp:
in the economy. It also means commitment to ● Universal adult franchise, periodic elections,
attain ideals like removal of inequalities, rule of law, independence of judiciary, and
provision of minimum basic necessities to all, absence of discrimination on certain grounds
equal pay for equal work. The term means the are the manifestations of the democratic
achievement of socialist ends through character of the Indian polity.
democratic means. It holds faith in a mixed ● Universal adult franchise : The right of the
economy where both private and public people to vote and elect their representatives
sectors co-exist side by side. is called franchise. Adult franchise means that
the right to vote should be given to all adult
Q.20) Ans: D citizens without the discrimination of caste,
Exp: class, colour, religion or sex. It demands that
About Secularism the right to vote should be equally available
● The Indian Constitution mandates that the among all
Indian State be secular. According to the ● Periodic elections : The nature of democracy
Constitution, only a secular State can realize its is that elected officials are accountable to the
objectives to ensure the following: people, and they must return to the voters at
o that one religious community does not prescribed intervals to seek their mandate to
dominate another; continue in office. For that reason most
o that some members do not dominate democratic constitutions provide that
other members of the same religious elections are held at fixed regular intervals.
community; ● Rule of law : The rule of law is the political
o that the State does not enforce any philosophy that all citizens and institutions
particular religion nor take away the within a country, state, or community are
religious freedom of individuals. accountable to the same laws.
● The Indian State works in various ways to ● Independence of judiciary: Judicial
prevent the above domination. First, it uses a independence is the concept that the judiciary
strategy of distancing itself from religion. The should be independent from the other
Indian State is not ruled by a religious group branches of government. That is, courts should
and nor does it support any one religion. In not be subject to improper influence from the
India, government spaces like law courts, other branches of government or from private
police stations, government schools and or partisan interests.
 50

● Absence of discrimination on certain Constitution. It observed that the Preamble

grounds : Though Article 15 of the Constitution is of extreme importance and the Constitution
gives citizens the right to not be discriminated should be read and interpreted in the light of
because of their religion, race, caste, sex, and the grand and noble vision expressed in the
place of birth, it often falls short in addressing Preamble. In the LIC of India case(1995) also,
the myriad shades of discrimination that have the Supreme Court again held that the
emerged since its adoption. Preamble is an integral part of the
Constitution.
Q.22) Ans : C
Exp: Q.24) Ans : C
• Statement 1 is correct: Fraternity means a Exp:
sense of brotherhood. The Preamble declares Amendability of the preamble
that fraternity has to assure two things ● Statement 1 is incorrect: It was urged that the
o the dignity of the individual Preamble cannot be amended as it is not a
o the unity and integrity of the nation. part of the Constitution. In the historic
The word ‘integrity’ has been added to the Kesavananda Bharati case (1973), The Court
preamble by the 42nd Constitutional held that the Preamble can be amended under
Amendment (1976). Article 368 but basic elements or the
• Statement 2 is correct: The Constitution fundamental features of the Constitution as
promotes this feeling of fraternity by the contained in the Preamble cannot be altered
system of single citizenship. Also, the by an amendment under Article 368 of the
Fundamental Duties (Article 51-A) say that it Constitution.
shall be the duty of every citizen of India to ● Statement 2 is correct: Preamble provides
promote harmony and the spirit of common significant help in the interpretation of the
brotherhood amongst all the people of India Constitution when words actually are
transcending religious, linguistic, regional or ambiguous. Under such circumstances it is the
sectional diversities. key to open the minds of the makers of the Act.
But if the language of the Article is sufficiently
Q.23) Ans : D clear, it is not to be interpreted in the light of
Exp: the Preamble in preference to the obvious
● Statement 1 is incorrect: The Preamble was meaning thereof. The objectives in the
enacted by the Constituent Assembly; but, Preamble are just a part of the basic structure
after the rest of the Constitution was of the Constitution and nothing more than
already enacted. The reason for inserting that. So, Preamble cannot be amended so as to
the Preamble at the end was to ensure that destroy the objectives, but also cannot be used
it was in conformity with the Constitution as as a law to judge people on.
adopted by the Constituent Assembly. ● Statement 3 is incorrect: The Preamble has
● Statement 2 is incorrect: In the Berubari been amended only once so far, in 1976, by the
Union 16 Case (1960), Despite recognition of 42nd Constitutional Amendment Act, which
the significance of the Preamble, the has added three new words–Socialist,
Supreme Court specifically opined that Secular and Integrity–to the Preamble. This
Preamble is not a part of theConstitution. In amendment was held to be valid.
the Kesavananda Bharati case (1973), the
Supreme Court rejected the earlier opinion
and held that Preamble is a part of the
 51

Making of Constitution
● Pair 1 is correct: Union Constitution
Q.1) Ans: B Committee was set up under the chairmanship
Exp: of Pandit Jawahar Lal Nehru.
● Statement 1 is Incorrect: On December 13, ● Pair 2 is incorrect: Union Powers Committee
1946, Jawaharlal Nehru moved the historic was set up under the chairmanship of Pandit
‘Objectives Resolution’ in the Assembly. It laid Jawahar Lal Nehru.
down the fundamentals and philosophy of the ● Pair 3 is correct: The Steering Committee was
constitutional structure. set up under the chairmanship of Dr. Rajendra
Prasad.
● Pair 4 is incorrect:
States Committee (Committee for negotiating
with the States) was set up under the
chairmanship of Pandit Jawahar Lal Nehru.
● Statement 2 is Correct: It mentioned “wherein
shall be guaranteed and secured to all the
Q.4) Ans: A
people of India justice, social, economic and
Exp:
political; equality of status of opportunity, and
● Statement 1 is correct: Some of the provisions
before the law; freedom of thought,
related to citizenship (Article 5 to 9), elections
expression, belief, faith, worship, vocation,
(Article 324), oath of President (Article 60),
association and action, subject to law and
Article 380, 391, 392 and other provisions
public morality”
under Articles 366, 367, 379, 388 and 393 came
● Statement 3 is Incorrect: Its modified version into force with the adoption of the
forms the Preamble of the present
Constitution on November 26, 1949 itself.
Constitution.
● Statement 2 is incorrect:
With the commencement (not adoption) of the
Q.2) Ans: A
Constitution on January 26, 1950, the Indian
Exp:
Independence Act, 1947 and the Government
● Statement 1 is incorrect: The idea of a
of India Act, 1935 with all enactments
Constituent Assembly for India was first put
amending or supplementing the latter Act,
forward by M. N. Roy in 1934. were repealed (Article 395).
● Statement 2 is correct: The Constituent
Assembly was constituted in November 1946
under the scheme formulated by the Cabinet Q.5) Ans: C
Mission Plan. Exp:
● Statement 3 is incorrect: The Constituent ● Statement 1 is incorrect: The first meeting of
Assembly was a partly elected and partly the Constituent Assembly was held on
nominated body. The members were to be December 9, 1946 and the Wavell Plan was
indirectly elected by the members of the proposed in May 1945.
provincial assemblies. ● Statement 2 is correct: The Muslim League
boycotted the meeting and insisted on a
Q.3) Ans: B separate state of Pakistan.
Exp: ● Statement 3 is incorrect: Dr. Sachchidanand
Sinha, the oldest member of the assembly was
 52

elected as the temporary President of the Exp:

Assembly, following the French practice. Dr. ● Statement 1 is correct:
Rajendra Prasad was elected as the President The Indian Independence Act, 1947
of the Assembly on 11th December 1946. empowered the Constituent Assembly to
legislate till the new Constitution is drafted and
enforced. No Act of the British Parliament
Q.6) Ans: B
passed after August 15, 1947 was to extend to
Exp:
Dominion of India, unless it was extended
● Statement 1 is incorrect: The Congress
thereto by a law of the legislature.
Working Committee passed a resolution in
June 1934 and demanded a Constituent ● Statement 2 is incorrect: The dual task of
Assembly elected on the basis of adult making the Constitution and legislation
suffrage. continued till November 26, 1949 (the date of
● Statement 2 is incorrect: Gandhiji was initially adoption of the Constitution), when the task of
skeptical about the idea of Constituent making the Constitution was over.
Assembly but was later convinced by Pandit ● Statement 3 is correct: On January 24, 1950,
Nehru and so it as a remedy for our communal the Constituent Assembly held its final session.
and other distempers. It did not end and continued as the provisional
● Statement 3 is correct: The demand for parliament of India from January 26, 1950 till
Constituent Assembly was finally accepted in the formation of new Parliament after the first
principle by the British Government in August general elections in 1951-52.
Offer in 1940. It provided for setting up of a
constituent assembly after the war where
Q.9) Ans: D
mainly Indians would decide the Constitution
Exp:
according to their social, economic and
● Statement 1 is incorrect:
political conceptions, subject to fulfilment of
The Objective Resolution resolved to proclaim
the obligation of the government regarding
India as an Independent Sovereign Republic.
defence, minority rights, treaties with States,
Even the original Preamble did not contain the
all India services.
words ‘Socialist’ and ‘Secular’ which were
added by 42nd Constitutional Amendment Act,
Q.7) Ans: D 1976.
Exp:
● Statement 2 is correct: The Objective
● Dr. Rajendra Prasad was unanimously elected
Resolution proclaimed that “all power and
the permanent President of the Assembly on
authority of the Sovereign Independent India,
11th December 1946 under temporary
its constituent parts and organs of the
chairmanship of Dr. Sachchidananda Sinha.
Government will be derived from the people of
● The Objective Resolution was adopted on
India”.
January 22, 1947.
● Statement 3 is correct: The Objective
● The National Flag was adopted on July 22,
Resolution proclaimed to provide adequate
1947.
safeguards for minorities, backward and tribal
● Ratification of India’s membership of the
areas and depressed and other backward
Commonwealth was done in May, 1949.
classes.

Q.8) Ans: A
Q.10) Ans: D
 53

Exp: Exp:
● Statement 1 is incorrect: ● Statement 1 is correct: Indian Independence
The Constituent Assembly was constituted as Act 1947 made constitution assembly a fully
per the provisions of the Cabinet Mission Plan. sovereign body which can frame any
The Cabinet Mission was announced in 1946. constitution it pleased. Act also empowered
Its members included Pethick Lawrence, assembly to alter or abrogate any law made by
Stafford Cripps, and A.V. Alexander. British Parliament in relation to the India
● Statement 2 is incorrect: ● Statement 2 is incorrect: With the
The Indian Independence Act, 1947 or the commencement of constitution of India Indian
Mountbatten plan provided for the partition of Independence Act 1947 and Government of
India and created two independent dominions India act 1935 was repealed but the abolition
of India and Pakistan. It empowered the of Privy Council Jurisdiction Act continued to
Constituent Assembly of the two dominions to operate.
adopt any constitution as it thinks fit and to ● Statement 3 is incorrect: Preamble was
repeal any act of the British Parliament, enacted by constitution assembly after the rest
including the Indian Independence Act, 1947 of the constitution was already enacted to
itself. The main provisions of the Indian ensure the conformity with the constitution
Independence Act, 1947 are as follows: adopted by the assembly
o It ended the British rule and made India
into a sovereign and independent state as Q.12) Ans: A
on August 15, 1947. Exp:
o Caused the partition of India into two About Constituent Assembly
dominions of India and Pakistan, with the
● The idea of a constituent assembly for India
right to secede from the British
was put forward 1st time by M N Roy in 1934.
Commonwealth.
In 1935 Indian National Congress 1st time
o Abolished the office of Viceroy and
officially demanded to frame the Constituent
provided for the Governor General for
Assembly for India.
each dominion, who was to be appointed
● The Attlee Government announced in
by the British King. He was the nominal
February 1946, the decision to send a high-
head to act on the advice of the Dominion
powered mission of three British Cabinet
cabinet.
Cabinet Mission was composed of three
o Abolished the office of the Secretary of
Cabinet Ministers of England -
State for India.
o Sir Pethick Lawrence - Secretary of State
o Ended the British paramountcy over the
for India.
princely states
o Sir Stafford Cripps - President of the Board
o Empowered the Constituent Assembly of
of Trade.
the two dominions to legislate for
o Alexander- the First Lord of the Admiralty.
themselves till the adoption of the new
● The mission arrived on March 24, 1946. The
Constitution.
objective of this mission was to devise a
o Abolished the right of the British monarch
machinery to draw up the constitution of
to veto bills. Governor General, in the
Independent India. Make arrangements for an
name of His majesty, had full powers to
interim Government.
give assent to the bills.
● The cabinet mission plan of 1946 proposed
that there shall be a Union of India which was
Q.11) Ans: A
 54

to be empowered to deal with the defense, ● Statement 2 is correct: The total strength of
foreign affairs and communications. the constituent assembly was to be 389. Of
● The cabinet mission recommended an these 296 seats were to be allotted to British
undivided India and turned down the Muslim India and 93 seats to the Princely States.Out
league’s demand for a separate Pakistan. The of 296 seats allotted to British India , 292
Cabinet mission restricted the Communal members were to be drawn from the eleven
representation. governor provinces and 4 from the four chief
● It provided that all the members of the Interim commissioners provinces one from each.
cabinet would be Indians and there would be Although the constituent assembly was not
minimum interference by the Viceroy. directly elected by the people of India on the
● It also provided for formation of the basis of adult franchise, the Assembly
constituent assembly on democratic principle comprised representatives of all sections of
of population. It recognized the Indian Right to Indian Society- Hindu, Muslims, Sikhs, Parsis,
cede from the Commonwealth. Anglo-Indian, Indian Christians, SC, STs
● The constitution assembly held its first meeting including women of all these sections.
on December 9, 1946. The Muslim League
boycotted the meeting and insisted on a Q.14) Ans: D
separate state of Pakistan. The meeting was Exp:
thus attended by only 211 members. Dr.
● The Constituent Assembly met for the first
Sachchidanand Sinha, the oldest member was
time in New Delhi on 9 December, 1946 in the
elected as the temporary president of the
Constitution Hall which is now known as the
Assembly. Later on December 11, 1946, Dr
Central Hall of Parliament House.
Rajendra Prasad and H C mukherjee were
● The Constituent Assembly took almost three
elected as the president and Vice-president of
years (two years, eleven months and
the Assembly respectively.
seventeen days to be precise) to complete its
● The total strength of the constituent assembly
historic task of drafting the Constitution for
was to be 389. Of these 296 seats were to be
Independent India. During this period, it held
allotted to British India and 93 seats to the
11 sessions covering a total of 165 days. Of
Princely States. Out of 296 seats allotted to
these, 114 days were spent on the
British India , 292 members were to be drawn
consideration of the Draft Constitution.
from the eleven governor provinces and 4
● Final Procedure followed for adoption of the
from the four chief commissioners provinces
constitution of India:
one from each.
o Firstly Formation of Indian constituent
assembly.
Q.13) Ans: B
o Secondly, deciding who will be the
Exp:
president.
● Statement 1 is incorrect : Mahatma Gandhi
o formation of drafting committee and
and M.A Jinnah were not the members of the
deciding of chairman.
constituent assembly they were busy in trying
o Then lastly, actually forming the
to bouse the communal riots. Members were
constitution of our country.
chosen by indirect election by the members of
o It was adopted when it received the
the Provincial Legislative Assemblies,
signature of the President and Members of
according to the scheme recommended by the
the Constituent Assembly.
Cabinet Mission.
 55

Q.15) Ans: C representation and partly nominated by

Exp: the princess .
● Statement 1 is correct: About August Offer: o The transfer of power and the rights of
During the Second World War, to get Indian minorities would be safeguarded by
Cooperation in the war effort the viceroy Lord negotiations between the Constituent
linlithgow August offer which proposed: Assembly and the British government.
o Dominion status as the objective for India
o Expansion of viceroy executive council.
o Setting up of constituent assembly after
the war where mainly Indians would Q.17) Ans: A
decide the constitution according to their Exp:
social , economic and political conception. ● Statement 1 is correct: On 9 December 1946,
After the first Constituent Assembly election,
the first meeting of Constituent Assembly was
held in which Dr. Sachchidananda Sinha was
● Statement 2 is correct: The INC rejected this selected as the temporary President of
offer at its meeting held at Wardha in 1940. Constituent Assembly as he was the eldest
The August offer was rejected by the then INC member.
President Maulana Abdul Kalam Azad.It ● Statement 2 is incorrect: On 11 December
demanded complete freedom from colonial 1946, Dr Rajendra Prsad and H C Mukherjee
rule. Jawaharlal Nehru remarked that the were elected as the President and Vice -
dominion status concept was as dead as a President of the Assembly , Sir B N Rau was
doornail.The August offer was declared on 8th appointed as the Constitutional advisor to the
August 1940. It expanded the members of the assembly.
Governor's General council from 8 to 12.
Q.18) Ans: C
Q.16) Ans: B Exp:
Exp: ● Statement 1 is correct: Government of India
About Cripps Mission Act of 1935 established an All-India
Federation, which included both British Indian
● In march 1942 a mission headed by Stafford Provinces and the Indian States. The
Cripps was sent to India with constitutional
Instrument of Accession specified the
proposals to seek Indian support for the war. conditions under which a state might join the
● The main proposal of the mission were: federation. It was at the discretion of the state
o An Indian Union with a dominion status whether it wanted to join the federation that
would be set up ,it would be free to decide
was given by the Government of India Act,
its relations with the Commonwealth and 1935.According to this act, India would
free to participate in the United Nations become a federation if 50% of Indian states
and other international bodies .
decided to join it. However, the provisions
o After the war , a constituent assembly with regards to the federation were not
would be convened to frame a new implemented as the required number of
constitution. princely states did not join it.
o Members of the constituent assembly
● Statement 2 is correct: The first Commission
would be partly elected by the provincial at the provincial level was the Madras Service
assemblies through proportional
Commission established in 1930 under a 1929
 56

Act of the Madras legislature. The voters irrespective of religion, caste,

Government of India Act, 1935 provided for education, gender or income). So, while the
the establishment of a Public Service members felt no need at all to discuss the
Commission for each Province. Accordingly, issue of who should have the right to vote,
under the 1935 Act seven Public Service every other matter was seriously discussed
Commissions were established in 1937; for and debated.
the Provinces of Assam (at Shillong), Bengal ● Statement 2 is correct: While evolving the
(at Calcutta), Bombay and Sindh (at Bombay) most balanced governmental arrangements,
Central Provinces, Bihar and Orissa (at the makers of our Constitution did not hesitate
Ranchi), Madras (at Madras), Punjab and to learn from experiments and experiences of
North-West (at Lahore) and United Province other countries. Thus, the framers of the
(at Allahabad). Constitution were not averse to borrowing
● Statement 3 is correct: The need to include from other constitutional traditions. Indeed, it
emergency provisions arose in the context of is a testament to their wide learning that they
an unusual political situation in India. The could lay their hands upon any intellectual
Constitution of India has emergency argument, or historical example that was
provisions, which have been borrowed from necessary for fulfilling the task at hand. So
Constitutions of Weimar (Germany) and they borrowed a number of provisions from
Government of Emergency Provisions India different countries.
Act, 1935. Indian Constitution followed
Government of India Act 1935 which
Q.20) Ans: A
embodied emergency provisions in section 45
Exp:
for the Center and in section 93 for the
● Statement 1 is correct: The Constituent
Provinces. It empowered the Chief Executive ie
Assembly was constituted in November 1946
President to declare emergency. The
under the scheme formulated by the Cabinet
Government of India Act 1935 was meant to
Mission Plan. The Assembly was made a fully
provide Provincial autonomy in India.
sovereign body, which could frame any
● Statement 4 is incorrect: ”The Rule of law”
Constitution it pleased. The Assembly was
was borrowed from the British Constitution,
empowered to abrogate or alter any law made
to simply understand the meaning of rule of
by the British Parliament in relation to India. It
law, it means that no man is above law and also
worked as a legislative body i.e. two separate
that every person is subject to the jurisdiction
functions were assigned to the Assembly -
of ordinary courts of law irrespective of their
making of a constitution for free India and
position and rank.
enacting of ordinary laws for the country.
Thus, the Assembly became the first
Q.19) Ans: C Parliament of free India (Dominion
Exp: Legislature).
● Statement 1 is correct: Almost every issue that ● Statement 2 is incorrect: Although the
lies at the foundation of a modern state was Constituent Assembly was not directly elected
discussed with great sophistication. Only one by the people of India on the basis of adult
provision of the Constitution was passed franchise, the Assembly comprised
without virtually any debate i.e. the representatives of all sections of Indian
introduction of universal suffrage ( all citizens society—Hindus, Muslims, Sikhs, Parsis,
reaching a certain age, would be entitled to be
 57

Anglo–Indians, Indian Christians, SCs, STs o Fundamental Rights Sub-Committee – J.B.

including women of all these sections. Kripalani
o Minorities Sub-Committee – H.C.
Q.21) Ans: D Mukherjee
Exp: o North-East Frontier Tribal Areas and
● The Constituent Assembly was composed Assam Excluded & Partially Excluded Areas
roughly along the lines suggested by the Sub-Committee – Gopinath Bardoloi
committee of the British cabinet known as the o Excluded and Partially Excluded Areas
Cabinet mission. According to this plan, each (Other than those in Assam) Sub-
province and princely states were allotted Committee – A.V. Thakkar
seats in the ratio of 1 to 1 lakh. ● Rules of Procedure Committee – Dr. Rajendra
● Thus, the provinces were to elect 292 Prasad
members while the Princely states were ● States Committee (Committee for Negotiating
allotted a minimum of 93 states and 4 seats with States) – Jawaharlal Nehru
were allotted to the chief commissioners ● Steering Committee – Dr. Rajendra Prasad.
provinces. The seats in Province were
distributed among Muslims, Sikhs and general Q.23) Ans: C
in proportion to their populations. Exp:
● Knowledge Base: other provisions of the ● The Interim Government of India was formed
Cabinet mission plan: in 1946. It also included the Viceroy and
o The representatives of each community Commander-in-Chief of Britain and other
were to be elected by members of that members from All-India Muslim League. The
community in the provincial legislative government was formed to assist the switch of
assembly and voting was to be by the British India to India and Pakistan.
method of proportional representation by ● Interim government members included:
means of single transferable vote. o Jawaharlal Nehru as Vice President
o The representatives of the princely states o Sardar Patel
were to be nominated by the heads of the o Dr. Rajdendra Prasad
princely states. o Dr. John Mathai
o Jagjivan Ram
Q.22) Ans: D o Sardar Baldev SIngh
Exp: o C. Rajagopalachari
Major Committees of Constituent Assembly: o Liaquat Ali Khan. Hence option (C) is the
correct answer.
● Union Powers Committee – Jawaharlal Nehru.
● Union Constitution Committee – Jawaharlal
Nehru.
● Provincial Constitution Committee – Sardar
Patel
● Drafting Committee – Dr. B.R. Ambedkar
● Advisory Committee on Fundamental Rights,
Minorities and Tribal and Excluded Areas –
Sardar Patel. This committee had the following
sub-committees:
 58

Fundamental Rights
performance of the powers and duties of
Q.1) Ans: C office. There is no time limit in this.
Exp: o Option D is incorrect: No civil proceedings
● Statement 1 is correct: Fundamental rights are against the President or Governor shall be
different from other rights available to us. instituted during his term of office in any
While ordinary legal rights are protected and court in respect of any act done by him in
enforced by ordinary law, Fundamental rights his personal capacity, whether before or
are protected and guaranteed by the after he entered upon his office, until the
Constitution of the country. expiration of two months after notice has
● Statement 2 is correct: Courts can hold any law been delivered to him.
enacted by Parliament unconstitutional and ● Option B is incorrect: 44th Constitutional
void if it violates any of the fundamental rights. Amendment Act has inserted Article 361A in
Protection for fundamental rights is available the Constitution which provides protection to
under article 32 and article 226 for supreme publication of substantially true reports of any
court and high court respectively. proceedings of parliament and state
legislatures.
Q.2) Ans: D ● Option C is correct: Article 105 provides that
Exp: “No member is liable to any proceeding in any
Article 32 provides remedies for enforcement of court for anything said or any vote given by
fundamental rights conferred by Part III of the him in parliament or its committee”
Constitution.
Q.4) Ans: A
● Statement 1 is incorrect: Article 32(1) provides
Exp:
that the right to move the Supreme Court by
● Statement 1 is correct: Article 30 grants
appropriate proceedings for the enforcement
religious or linguistic minorities the right to
of the rights conferred by this Part. A person
establish and administer educational
can move to High Courts under Article 226 of
institutions of their choice.
the Constitution.
● Statement 2 is incorrect: Fundamental Rights
● Statement 2 is incorrect: Article 32(4) provides
provided under Article 15, 16, 19, 29 and 30
that the right to move the Supreme Court shall
are only available to citizens and denied to
not be suspended except as otherwise
foreigners.
provided for by this Constitution. This
● Statement 3 is incorrect: There is no provision
suspension is provided under Article 358 and
for establishment of a National Commission
359 of the Constitution.
for Minority Educational Institutions under
Article 30. It is a statutory body established
Q.3) Ans: C
through an Act of Parliament in 2004.
Exp:
The rule of equality before law is not absolute and
there are some exceptions to it.

● Article 361 provides following immunities to

President and Governor:
o Option A is incorrect: They are not
Q.5) Ans: A
answerable to any court the exercise and
Exp:
 59

● Option A is correct: Article 19 originally ● Statement 1 is correct - These rights are

contained seven rights. But, the ‘right to protected only against the State and not
acquire, hold and dispose of property’ was against private individuals.
deleted by 44th Constitutional Amendment ● Statement 2 is incorrect – Article 19 itself
Act. defines the reasonable restrictions imposed on
● Option B is incorrect: It has been amended by the rights provided under this Article. These
1st, 16th, 44th and 97th Constitutional are:
Amendment Acts. The 1st Constitutional Freedom Reasonable Restrictions
Amendment Act, 1951 substituted Article
19(2) to provide reasonable restrictions on Freedom of The sovereignty and integrity
freedom of speech and expression. 16th speech and of India, the security of the
Constitutional Amendment Act, 1963 included expression State, friendly relations with
“the Sovereignty and integrity of India” as a foreign States, public order,
restriction in exercise of rights provided under decency or morality, or in
Article 19. 44th Constititonal Amendment Act, relation to contempt of court,
1978 omitted Article 19(1)(f) which provided defamation or incitement to
fundamental right to property. The 97th an offence.
constitutional amendment act 2011 gave
Freedom of The sovereignty and integrity
constitutional status and protection to co-
assembly of India or public order
operative societies.
● Option C is incorrect: Under Article 358 of the Freedom of The sovereignty and integrity
Constitution, it is automatically suspended association of India or public order or
when a national emergency is declared on the morality
ground of war or external aggression not on
Freedom of In the interests of the general
armed rebellion.
movement public or for the protection of
and the interests of any Scheduled
Q.6) Ans: A
Freedom of Tribe.
Exp:
residence
● Statement 1 is incorrect: The term
‘untouchability’ has not been defined either in • Statement 3 is correct- Article 19(6) provides
the Constitution or in the Protection of Civil exception to Article 19(1)(g) that No objection
Rights Act, 1955. The Madras High Court has can be made when the State carries on a trade,
held that the term ‘untouchability’ refers to business, industry or service either as a
the social disabilities imposed on certain monopoly (complete or partial) to the
classes of persons by reason of their birth in exclusion of citizens (all or some only) or in
certain castes. competition with any citizen.
● Statement 2 is correct: It does not cover the
social boycott of a few individuals or their
Q.8) Ans: C
exclusion from religious services etc.
Exp:
● Statement 1 is incorrect: Fundamental rights
Q.7) Ans: B aim at establishing political democracy in the
Exp: country, whereas DPSP establishes Socio-
Economic democracy in the country.
 60

noncitizens. Rights under these are subject to

public order, morality, health and other
provisions relating to fundamental rights.
● Option 2 is incorrect: Article 29 mentions that
any section of the citizens residing in any part
of India having a distinct language, script or
culture of its own, shall have the right to
conserve the same. It is thus included under
the CULTURAL AND EDUCATIONAL RIGHTS.
● Option 3 is incorrect: Article 30 grants grants
that all minorities (linguistic and religious) shall
have the right to establish and administer
educational institutions of their choice and
● Statement 2 is correct: They are not absolute that the State shall not discriminate against
but qualified i.e. The state can impose any educational institution managed by a
reasonable restrictions on them. However, minority while granting an aid. It is also
whether such restrictions are reasonable or included under the CULTURAL AND
not is to be decided by the courts. EDUCATIONAL RIGHTS
● Statement 3 is correct: The Fundamental
Rights are meant for promoting the ideal of
political democracy. They operate as Q.10) Ans: C
limitations on the tyranny of the executive and Exp:
arbitrary laws of the legislature. In short, they ● Option A is correct: The Supreme Court has
aim at establishing ‘a government of laws and ruled that Article 32 is a basic feature of the
not of men’. Constitution. Hence, it cannot be abridged or
taken away even by way of an amendment to
the Constitution.
Q.9) Ans: A ● Option B is correct: Article 32 confers the right
Exp: to remedies for the enforcement of the
The constitution entails the following rights under fundamental rights of an aggrieved citizen.
the Right to Freedom of Religion: That is why Dr. Ambedkar called Article 32 as
1. Article 25: Freedom of Conscience and Free the most important article of the Constitution–
Profession, Practice and Propagation of “an article without which this constitution
Religion would be a nullity. It is the very soul of the
2. Article 26: Freedom to Manage Religious Constitution and the very heart of it “
Affairs ● Option C is incorrect: The right to move the
3. Article 27: Freedom from Taxation for Supreme Court only (The right to move the
Promotion of a Religion High court is safeguarded by Article 226 and
4. Article 28: Freedom from Attending Religious not Article 32) for the enforcement of the
Instruction Fundamental Rights is guaranteed.
● Option 1 is Correct: Article 25 says that all ● Option C is correct: In case of the enforcement
persons are equally entitled to freedom of of Fundamental Rights, the jurisdiction of the
conscience and the right to freely profess, Supreme Court is original but not exclusive. It
practice and propagate religion. These rights is concurrent with the jurisdiction of the high
are available to all persons–citizens as well as court under Article 226. It vests original powers
 61

in the high court to issue directions, orders and ● Freedom to manage religious affairs (Article
writs of all kinds for the enforcement of the 26).
Fundamental Rights. However, the Supreme ● Freedom from payment of taxes for promotion
Court has ruled that where relief through the of any religion (Article 27).
High court is available under Article 226, the ● Freedom from attending religious instruction
aggrieved party should first move the high or worship in certain educational institutions
court. (Article 28).

Q.11) Ans: D Q.12) Ans: B

Exp: Exp:
List of Fundamental Rights not available to ● Statement 1 is incorrect: Article 33 empowers
Foreigners the Parliament to restrict or abrogate the
fundamental rights of the members of armed
● Prohibition of discrimination on grounds of
forces, paramilitary forces, police forces,
religion, race, caste, sex or place of birth
intelligence agencies and analogous forces.
(Article 15).
The power is conferred only on Parliament and
● Equality of opportunity in matters of public
not on state legislatures.
employment (article 16)
● Statement 2 is correct: Various Acts such as
● Protection of six rights under regarding
the Army Act (1950), the Navy Act (1950), the
freedom of a) Speech and Expression)
Air Force Act (1950) etc. impose restrictions on
Assembly) Association) Movement, e)
their freedom of speech, right to form
Residence, f) Profession (article 19)
associations, right to be members of trade
● Protection of language, script and culture of
unions or political associations, right to
minorities (Article 29)
communicate with the press etc. and ensures
● Right of minorities to establish and administer
the proper discharge of their duties and the
educational institutions (Article 30)
maintenance of discipline among them.
List of Fundamental Rights available to both
● Statement 3 is correct: In case of enforcement
Foreigners and citizens
of fundamental rights, the jurisdiction of the
● Equality before law and equal protection of supreme court is original but not exclusive. It is
laws (Article 14). concurrent with jurisdiction of the high court
● Protection in respect of conviction for offences under article 226. It vests original powers in
(Article 20). the High Court to issue directions, orders and
● Protection of life and personal liberty (Article writs of all kinds for the enforcement of the
21) fundamental rights. It means that on violation
● Right to elementary education (Article 21A). of fundamental rights, the aggrieved party has
● Protection against arrest and detention in the option of moving either the high court or
certain cases (Article 22) the supreme court
● Prohibition of traffic in human beings and
forced labour (Article 23).
Q.13) Ans: A
● Prohibition of employment of children in
Exp:
factories etc., (Article 24).
● Statement 1 is correct: Some of them are
● Freedom of conscience and free profession,
available only to the citizens while others are
practice and propagation of religion (Article
available to all persons whether citizens or
25).
foreigners or legal persons like corporations or
 62

companies. Some Fundamental Rights power (and the legislature of a state shall not have)
available to both Foreigners and citizens are to make laws with respect to the following matters:
Equality before law and equal protection of
● Prescribing residence as a condition for certain
laws (Article 14), Protection in respect of
employments (Article 16)
conviction for offences (Article 20), Protection
● Empowering courts other than the Supreme
of life and personal liberty (article 21) and
Court and the high courts to issue directions,
Right to elementary education (Article 21A)
orders and writs (Article 32)
etc.
● Restricting or abrogating the application of
● Statement 2 is correct: All Rights are available
Fundamental Rights to members of armed
against the law of the legislature. Arbitrary
forces, police forces (Article 33)
doctrine refers to acting in an unreasonable
● Identifying any government servant or any
manner, as fixed or done at pleasure, without
other person for any act done during martial
determining any methods or principle. The
law (Article 34)
rights protect a person/citizen from any such
● Powers to make laws for prescribing
arbitrariness.
punishment for practice of Untouchability
● Statement 3 is correct: Some Fundamental
(Article 17) and Traffic in Human beings (Article
rights are available against the action of private
23)
individuals. Article 15(2) prohibits
discrimination in access to shops, public
restaurants, hotels etc. This provision thus Q.15) Ans: D
prohibits discrimination both by the State and Exp:
private individuals. Similarly, The Supreme ● All Options are correct:
Court held that the right under Article 17 The expression ‘Personal Liberty’ in Article 21
(Abolition of Untouchability) is available is of the widest amplitude and it covers a
against private individuals. Article 23 variety of rights that go to constitute the
(Prohibition of Traffic in Human Beings and personal liberties of a man. Some of the rights
Forced Labour) is also available against private declared by the Supreme Court as part of
individuals. Article 21 are as follows:
● Statement 4 is incorrect: They are not
o Right to live with human dignity
sacrosanct or permanent. The Parliament can
o Right to livelihood
curtail or repeal them but only by a
o Right to Shelter
constitutional amendment act and not by an
o Right to health
ordinary act. Moreover, this can be done
o Right to free education up to 14 years of
without affecting the ‘basic structure’ of the
age
Constitution.
o Right to livelihood
o Right to reputation
Q.14) Ans: D o Right to sustainable development
Exp: o Right to travel abroad
Article 35 of the Indian Constitution o Right against handcuffing.
o Right against inhuman treatment.
Article 35 lays down that the power to make laws,
o Right against delayed execution.
to give effect to certain specified Fundamental
o Right against bonded labour.
rights shall vest only in the Parliament and not in
o Right to privacy
the State legislatures. The Parliament shall have
o Right against custodial harassment.
 63

that the scope of this article is not necessarily

restricted to minorities only. This is because of
the use of words ‘section of citizens’ in the
Article that include minorities as well as
majority.
• Statement 2 is incorrect: Further, no citizen
shall be denied admission into any educational
institution maintained by the State or receiving
aid out of State funds on grounds only of
religion, race, caste, or language.

Q.16) Ans: D Q.18) Ans: D

Exp: Exp:
• Option 1 is correct: In the Landmark case ● Pair 1 is incorrect – The meaning of Habeas
Animal Welfare Board of India v. A. Nagaraja & Corpus is ‘to have the body of’. It is an order
Ors. (Constitutionality of Jallikattu), the issued by the court to a person who has
Supreme court held that protection of all forms detained another person. Thus, this writ is a
of life, including animal life, which are bulwark of individual liberty against arbitrary
necessary for safeguarding human life, fall detention.
within the meaning of Article 21 of the ● Pair 2 is correct – Mandamus is a command
Constitution. issued by the court to a public official asking
● Option 2 is correct: Fundamental duty -- him to perform his official duties that he has
Article 51 A (g): to protect and improve the failed or refused to perform.
natural environment including forests, lakes, ● Pair 3 is incorrect – Certiorari is issued by a
rivers and wildlife, and to have compassion for higher court to a lower court or tribunal either
living creatures. to transfer a case pending with the latter to
● Option 3 is correct Article 48 lays down that: itself or to squash the order of the latter in a
The State shall endeavour to take steps for case.
preserving and improving the breeds, and ● Pair 4 is correct - In the literal sense, Quo-
prohibiting the slaughter, of cows and calves warranto means ‘by what authority or
and other milch and draught cattle. warrant’. It is issued by the court to enquire
● Option 4 is correct: Entry 15 of the State list into the legality of claim of a person to a public
(7th Schedule) reads: Preservation, protection office.
and improvement of stock and prevention of
animal diseases; veterinary training and
practice. Q.19) Ans: C
Exp:
Q.17) Ans: A ● Statement 1 is incorrect – The right to profess,
Exp: practice and propagate are subject to public
• Statement 1 is correct: Article 29 provides that order, morality, health and other provisions
any section of the citizens residing in any part relating to fundamental rights.
of India having a distinct language, script or ● Statement 2 is incorrect – The State is
culture of its own, shall have the right to permitted to regulate or restrict any economic,
conserve the same. The Supreme Court held financial, political or other secular activities
associated with religious practice.
 64

● Statement 3 is correct - In the context of inconsistent with the fundamental rights shall
Article 25, the Hindus include Sikhs, Jains and be void. It means the expression provides for
Buddhists only. the doctrine of Judicial review.
● Statement 2 is incorrect: Definition of law
under article 13 includes law enacted by the
Q.20) Ans: A
Parliament and state legislature, Ordinance
Exp:
issued by the president or governor, statutory
● Statement 1 is correct – Article 20(3) provides instruments In the nature of delegated
that No person accused of any offence shall be legislation, non-legislative sources of law
compelled to be a witness against himself. i.e. custom or usage having the force of law.
● Statement 2 is correct – Article 20(2) provides ● Statement 3 is incorrect: in Kesavananda
that No person shall be prosecuted and Bharati case the Supreme Court held that the
punished for the same offence more than Constitutional Amendment can be challenged
once. on the ground that violates a fundamental
● Statement 3 is incorrect – Article 22(1) right which forms the basic structure of the
provides that No person who is arrested shall constitution.
be detained in custody without being
informed, as soon as may be, of the grounds
for such arrest nor shall he be denied the right Q.23) Ans: B
to consult, and to be defended by, a legal Exp:
practitioner of his choice. ● Statement 1 is incorrect: The concept of
equality before law is of British origin and the
concept of equal protection of law has been
Q.21) Ans: D taken from the American constitution
Exp: ● Statement 2 is Correct: Equality before law Is
● Statement 1 is incorrect – Article 18(3) the negative concept which deals with the
provides that a foreigner holding any office of absence of any special privilege in favour of
profit or trust under the State cannot accept any person and equal subjection of all persons
any title from any foreign State without the to the ordinary law of land. Further it also
consent of the President. There is no role of emphasizes that no person is above the law.
Governor in this regard. ● Statement 3 is Correct: Equal protection of law
is the positive concept we deal with the
equality of treatment under equal
circumstances which means Similar application
of laws to all the people who are in the similar
● Statement 2 is incorrect- Article 18(1) situation.
prohibits the State from conferring any title
on anybody except a military or academic Q.24) Ans: A
distinction. Exp:
● Statement 1 is Correct: Equality before law is
Q.22) Ans: A provided in article 14 of Indian constitution.
Exp: The concept of equality before law is an
● Statement 1 is Correct: Article 13 of Indian element of the concept of Rule of law which
Constitution provides that all the laws that are includes absence of arbitrary power i.e. no
man can be punished except for breach of law.
 65

● Statement 2 is Correct: Equality before law Exp:

means equal subjection of all citizen to the ● Statement 1 is incorrect: Article 19 of Indian
ordinary law of land administered by the constitution provides that every citizen has a
ordinary law of court right to peaceful assembly and without arms. it
● Statement 3 is incorrect: In India the also includes the right to hold public meetings,
constitution is the source of the individual right demonstrations and take out processions. but
Rather than the constitution being the result of this freedom can be exercise only on public
the right of the individual. land and assembly must be peaceful and
unarmed
● Statement 2 is incorrect: Under article 19
Q.25) Ans: C
every citizen has the right to form associations
Exp:
and unions. But the supreme court held that
● Statement 1 is incorrect: Article 15 of Indian
trade unions have no guaranteed right to
Constitution provides that state shall not
effective bargaining or right to strike or the
discriminate against any citizen on grounds
right to declare lock-out.
only of religion, race, caste, sex or place of
● Statement 3 is incorrect: Article 19 of Indian
birth. There is no mention of descent in this
constitution provides the freedom of
provision. The use of word only denotes that
movement inside the country. freedom of
discrimination on the other ground is not
movement outside the country is dealt by the
prohibited
article 21 of Indian Constitution.
● Statement 2 is incorrect: There are two
provisions in article 15 of Indian Constitution
first says that state shall not discriminate Q.27) Ans: B
against any citizen on grounds only of religion, Exp:
race, caste, sex or place of birth. This ● Statement 1 is incorrect: Article 20 of Indian
provision prohibits discrimination only by the constitution grants protection against the
state. Further second provision says that no arbitrary punishment to an accused person.
citizen shall be subjected to any disability, this protection is available to the citizen,
liability, restriction or condition on grounds foreigner and legal person like company or a
only of religion, race, caste, sex, or place of corporation
birth with regard to 1) access to shops, public ● Statement 2 is Correct: Under article 20 of
restaurants, hotels and places of public Indian Constitution no person shall be
Entertainment 2) the use of wells, tanks, convicted of any offence except for violation of
bathing ghats, roads and places of public a law in force at a time of the commission of
resorts maintained wholly or partly by State the act and also no person is subject to penalty
funds or dedicated to the use of the general greater than that prescribed by the law in force
public. This provision prohibits discrimination at the time of the commission of the act. it
both by the State and private individuals means no person can be punished
● Statement 3 is Correct: There are some retrospectively. but this limitation is imposed
exceptions to the rule of non-descrimination only on criminal law, not on civil law. In other
present in the constitution. One of them words a civil liability or tax can be imposed
permits the state to make a special provision retrospectively
for women and children. ● Statement 3 is incorrect: Protection against
double Jeopardy means no person shall be
prosecuted or punished more than once for
Q.26) Ans: D
 66

the same offence. This protection is available to administer such property in accordance
only in proceedings before the court of law or with the law.
a tribunal and not before the departmental or ● Statement 3 is incorrect: Article 28 of Indian
administrative authority. constitution states that no religious instruction
shall be provided in any educational institution
wholly maintained out of state funds
Q.28) Ans: B
Exp:
● Statement 1 is incorrect: Article 22 of Indian Q.30) Ans: D
constitution grants protection to the person Exp:
who is detained. legislative power with regard ● Statement 1 is incorrect: Article 29 of Indian
to preventive detention has been divided Constitution provides that any section of
between Parliament and state legislatures. citizens residing in India have the right to
Parliament can exclusively make a law of conserve its distinct language,script and
preventive detention for reasons connected culture.Article grants protection to the both
with defence, foreign affairs and the security linguistic and religious minorities. However,
of India and Both Parliament and state the Supreme Court held that scope of this
legislature can make laws of preventive article is not restricted to the minority only it
detention for reasons connected with security also includes the majority.
of state, the maintenance of public order and ● Statement 2 is Correct: Article 30 of Indian
the maintenance of supplies and services Constitution States that all religious and
essential to the community. linguistic minorities have the right to establish
● Statement 2 is Correct: No democratic country and administer educational Institutions of their
in the world has made preventive detention as choice.
an integral part of the constitution as it has ● Statement 3 is Correct: Right under article 30
been done in India.It is unknown in the USA. also includes the right of the minority to impart
education to its children in its own language.

Q.29) Ans: D
Exp: Q.31) Ans: A
● Statement 1 is incorrect: Article 25 of Indian Exp:
constitution states that all people have equal ● Statement 1 is Correct: Article 30 of Indian
right for the freedom of conscience and the Constitution States that all religious and
right to freely professor, practice and linguistic minorities have the right to establish
propagate the religion. rights under article 25 and administer educational Institutions of their
are available to both citizens as well as the choice. It also states that the compensation
foreigner. amount fixed by the state for compulsory
● Statement 2 is incorrect: Article 26 of Indian acquisition of any property of minority
constitution states that every religious educational institution shall not restrict or
denomination have right to establish and abrogate the right guaranteed to them.
maintain institution for religious and charitable
purpose, have right to manage own affairs in
the matter of religion, have right to own
and acquire movable and immovable
property and also have right
 67

High Court may refuse to exercise its writ

jurisdiction.

Q.33) Ans: D
Exp:
● Statement 1 is incorrect: Article 33 of Indian
● Statement 2 is Correct: Article 30 of Indian constitution empowers the Parliament to
constitution states that in granting aid state restrict or abrogate the fundamental rights of
shall not discriminate against any educational the members of the armed forces, Paramilitary
institution managed by the minority forces, police forces, intelligence
● Statement 3 is incorrect: The term of minority agencies and analogous forces. The objective
has not been defined anywhere in the behind this is to ensure proper discharge of
constitution. their duties and maintenance of discipline
among them.
● Statement 2 is incorrect: Article 34 of Indian
Q.32) Ans: B Constitution provide for the protection of
Exp: fundamental right while Martial Law is
● Statement 1 is incorrect: Article 32 of Indian imposed in any area within territory of India.it
constitution confirms the right to remedies for empowers parliament to indemnify any
the enforcement of fundamental rights. The government servant or any person for act done
power of the Supreme Court for enforcement by him for maintenance or Restoration of
of fundamental rights is original and order in any area where Martial Law was in
wide. original because aggrieved citizen can force.
directly go to the supreme court for
enforcement of fundamental right and
wide because the power of Supreme Court is Q.34) Ans: A
not restricted to issuing of order for Exp:
directions but also writs of all kinds ● Statement 1 is Correct: When Martial Law is in
● Statement 2 is Correct: Under article 32 of force as per article 34 of Indian
Indian Constitution Supreme Court cannot Constitution the government and ordinary law
determine the question that does not involve of court get suspended.
fundamental right.Further the article 32 ● Statement 2 is incorrect: There is no specific
cannot invoke simply to determine the for Express provision in the Constitution that
constitutionality of an executive order unless it authorised executives to declare Martial
directly infringes any of the fundamental Law.However it is implicit in article 34 of
rights. Indian Constitution.
● Statement 3 is Correct: Remedy to move to the ● Statement 3 is incorrect: Imposition of Martial
Supreme Court against the infringement of a Law affects only on the fundamental rights
fundamental right in article 32 is itself a there is no effect on centre state relation.
fundamental right and the Supreme Court Centre state relations get affected when there
cannot refuse to exercise its writ jurisdiction. is an imposition of National Emergency.
On the other hand, remedy under article 226
by which an aggrieved person can move to the Q.35) Ans: C
High Court against infringement of Exp:
fundamental right is discretionary and the
 68

● Option A is correct: Article 29 provides that widest possible interpretation with the
any section of the citizens residing in any part Supreme Court declaring various rights such as
of India having a distinct language, script or right to health, right to education up to 14
culture of its own, shall have the right to years of age, right to speedy trial, right to fair
conserve the same. The Supreme Court held trial, right to free legal aid etc. as fundamental
that the scope of this article is not necessarily rights under it.
restricted to minorities only. This is because of
the use of the words ‘section of citizens’ in the
Q.37) Ans: D
Article that include minorities as well as
Exp:
majority.
● Option A is correct: Both the Parliament and
● Option B is correct: 44th Amendment Act
State Legislature can concurrently make a law
provided that rights under Article 20 and 21
of preventive detention for reasons connected
are enforceable even during emergency.
with the security of a state, the maintenance of
● Option C is incorrect: The term
public order and the maintenance of supplies
‘untouchability’ has not been defined either in
and services essential to the community.
the Constitution or in the Protection of Civil
● Option B is correct: The 44th Constitutional
Rights Act, 1955. The Mysore High Court held
Amendment Act provided that the President
that the subject matter of Article 17 is not
cannot suspend the right to move the Court for
untouchability in its literal or grammatical
the enforcement of fundamental rights
sense but the ‘practice as it had developed
guaranteed under Article 20 or 21.
historically in the country’.
● Option C is correct: Article 19(6) provides that
● Option D is correct: Rights under Article 15,
the State is empowered to carry on by itself
16, 19, 29 and 30 are available to citizens only
any trade, business, industry or service
and are denied to non-citizens.
whether to the exclusion (complete or partial)
of citizens or otherwise. Thus, no objection can
Q.36) Ans: D be made if the State carries on trade, business
Exp: as monopoly
● Statement 1 is incorrect: Article 21 of the
Constitution provides that no person shall be
Q.38) Ans: D
deprived of his life or personal liberty except
Exp:
according to the procedure established by law.
● Fundamental rights are covered under part III
The Supreme Court had introduced the
(Article 13 to 35) of the Indian Constitution.
concept of ‘due process of law’ in the Maneka
Under the Indian Constitution most of
Gandhi case (1978).
Fundamental Rights are available against the
● Statement 2 is incorrect: The Supreme Court
arbitrary action of the State, with a few
has declared right to privacy (in Puttuswamy
available against both the State’s action and
Case) and right to internet (in Anuradha Bhasin
against the action of private individuals.
v. Union of India case) as fundamental rights.
● Following four fundamental Rights are
But the right to privacy is declared as a
available against both the State as well as
fundamental right under Article 21, whereas
against private Individuals. These
the right to the internet is under Article 19 of
Fundamental Rights are:
the Constitution.
o Article 15(2)(b) No Citizen shall on the
● Statement 3 is correct: Article 21 is the only
grounds only of religion, race, caste, sex
article of the Constitution that has received
and place of birth or any of them, be
 69

subject to any disability, liability, 2. Right to freedom (Articles 19-22)

restriction or condition with regard to- the 3. Right against exploitation (Articles 23-24)
use of wells, tanks, bathing ghats, roads 4. Right to Freedom of Religion( Articles 25-
and places of public resort maintained 28)
wholly or partly out of State funds or 5. Cultural and Educational Rights( Articles
dedicated to the use of general public. 29-30)
o Article 17 abolishes Untouchability and its 6. Right to Constitutional Remedies( Article
practice in any form. 32)
o Article 24 prohibits the employment of ● Right to property provided under Article 31 of
children under the age of 14 years in any the Constitution was deleted by the 44th
factory, mine or hazardous activities. Amendment Act,1978.
• In addition to above statements, Article 23 is ● The Fundamental right of Freedom of religion
also available against both state and confers Freedom from Attending Religious
individual actions. Article 23 states that it Instruction under Article 28 of the
prohibits traffic in human beings, beggars and Constitution.
other similar forms of forced labor. ● It states no religious instruction shall be
provided in any educational institution wholly
Q.39) Ans: D maintained out of State funds. However, this
Exp: provision shall not apply to an educational
• Right to equality under Article 14 of the institution administered by the State but
constitution guarantees Equality before law established under any endowment or trust,
and Equal protection of Laws. The rule of requiring imparting of religious instruction in
equality before law is not absolute and there such institution.
are constitutional and other exceptions to it.
Some of these exceptions are:
Q.41) Ans: C
o The President of India and Governor of
Exp:
States enjoy some immunities under
Article 20
Article 361 of the Constitution.
o The foreign sovereigns, ambassadors and ● Article 20 of the Indian Constitution grants
diplomats enjoy immunity from criminal protection against arbitrary and excessive
and civil proceedings. punishment to an accused person, whether
o The UN and its agencies enjoy diplomatic citizen or foreigner or legal person like a
immunity. company or a corporation. It contains three
o Some other exceptions are provided provisions:
under Article 361-A, Article 31-C and o No ex-post-facto law - No person shall be
Article 105 of the Constitution. (i) convicted of any offense except for
So all given statements are correct violation of a law in force at the time of the
commission of the act, nor (ii) subjected to
Q.40) Ans: A a penalty greater than that prescribed by
Exp: the law in force at the time of the
Fundamental Rights commission of the act.
• The Constitution of India provides for six o No double jeopardy - No person shall be
Fundamental Rights under Article 12 to 35. prosecuted and punished for the same
These six Fundamental Rights are: offense more than once.
1. Right to equality (Articles 14-18)
 70

o No self-incrimination- It states that no produce the body of the latter before it. The
person accused of any offense shall be court then examines the cause and legality of a
compelled to be a witness against himself. detention. The writ of habeas corpus can be
The protection against self-incrimination issued against both public authorities as well
extends to both oral evidence and as private individuals.
documentary evidence. So statement 1 is • Statement 2 is incorrect: Prohibition-
incorrect Prohibition Literally, it means ‘to forbid’. It is
● It does not extend to -: issued by a higher court to a lower court or
● compulsory production of material tribunal to prevent the latter from exceeding
objects, its jurisdiction or usurping a jurisdiction that it
● compulsion to give thumb impression, does not possess. The writ of prohibition can
specimen signature, blood specimens, and be issued only against judicial and quasi-
● compulsory exhibition of the body. judicial authorities. It is not available against
● Further, it extends only to criminal administrative authorities, legislative bodies,
proceedings and not to civil proceedings or and private individuals or bodies.
proceedings which are not of criminal nature. • Statement 3 is incorrect: Quo-Warranto- In
So statements 2 and 3 are correct. the literal sense, it means ‘by what authority or
warrant’. It is issued by the court to inquire into
the legality of a claim of a person to a public
Q.42) Ans: A
office. Hence, it prevents illegal usurpation of
Exp:
public office by a person. The writ can be
• Statement 1 is correct: Right to Education
issued only in case of a substantive public
under Article 21 A declares that the State shall
office of a permanent character created by a
provide free and compulsory education to all
statute or by the Constitution. It cannot be
children of the age of six to fourteen years in
issued in cases of ministerial office or private
such a manner as the State may determine.
office. This can be sought by any interested
Thus, this provision makes only elementary
person and not necessarily by the aggrieved
education a Fundamental Right and not higher
person.
or professional education.
• Statement 2 is incorrect: This provision was
Q.44) Ans: D
added by the 86th Constitutional Amendment
Exp:
Act of 2002. This amendment is a major
About Essentiality Doctrine:
milestone in the country’s aim to achieve
● The essential religious practice doctrine means
‘Education for All’. The government described
that any religious practices that are so
this step as ‘the dawn of the second revolution
'essential' to religion or form the basis of
in the chapter of citizens’ rights’. Right to
religion, will fall within the protection of
Education is available to both citizens and
Article 25 and 26 and should be protected as
foreigners.
such.
● A seven-judge Bench of the Supreme Court
Q.43) Ans: B invented the doctrine of essentiality in the
Exp: Shirur Mutt case in 1954.
• Statement 1 is correct: Habeas Corpus- It is a ● The court held that the term religion will cover
Latin term which literally means ‘to have the all rituals and practices integral to a religion,
body of’. It is an order issued by the court to a and took upon itself the responsibility of
person who has detained another person, to determining the essential and non-essential
 71

practices of a religion. Any other activities Exp:

related to it with the exceptions to those • Statement 1 is incorrect: Article 24 of the
already mentioned in the Constitution will be Indian Constitution prohibits the employment
covered in the exceptions to the right to of children under the age of fourteen in
religion. factories, mines and other hazardous contexts.
● The Supreme Court has observed that During the initial stages of Constitution-
fundamental rights do not offer iron cast making, child labour was a sub-clause of the
protection for "essential and integral" religious Article 23 (forced labour). At the Advisory
practices. Such traditions can be struck down Committee stage, child labour was made into a
as unconstitutional if they discriminate on separate Article of the Constitution – Article
grounds of caste, sex, public morality, health 24.
etc. The Supreme Court, in the past, has • Statement 2 is correct: Article 23: Prohibition
invalidated various religious practices such as of traffic in human beings and forced labor.
Tandav Dance, ban on women entry at Traffic in human beings and beggars and other
Sabarimala Temple, Triple Talaq, animal similar forms of forced labor are prohibited
sacrifice etc. and any contravention of this provision shall be
an offense punishable in accordance with law.
Q.45) Ans: D Nothing in this article shall prevent the State
Exp: from imposing compulsory service for public
● Option A is incorrect: The Directive Principles purpose, and in imposing such service the
of State Policy of India are the guidelines or State shall not make any discrimination on
principles given to the institutes for governing grounds only of religion, race, caste or class or
the State of India. These are provided Part IV any of them. This right is available to both
(Article 36-51) of the Constitution of India, are citizens and non-citizens. It protects the
not enforceable by any court, but the individual not only against the State but also
principles laid down therein are considered against private persons.
'Fundamental' in the governance of the The expression traffic in human beings‘
country. The Directive Principles are meant for include
promoting the ideal of social and economic o selling and buying of men, women and
democracy. The Fundamental Rights are children like goods
meant for promoting the ideal of political o immoral traffic in women and children,
democracy. including prostitution
● Option B is incorrect: Fundamental rights can o devadasis.
be amended by constitution amendment till o slavery.
they do not violate basic structure of the To punish these acts, the Parliament has made
constitution and thus they are not sacrosanct ( the Immoral Traffic (Prevention) Act, 1956.
Keshawanand Bharati Judgement 1973). • Statement 3 is incorrect: Article 23 also
● Option C is incorrect: Application of provides for an exception to this provision. It
fundamental rights to the members of armed permits the State to impose compulsory
forces, paramilitary forces, police service for public purposes, as for example,
forces,intelligence agencies and analogous military service or social service, for which it is
services can be restricted or abrogated by the not bound to pay. However, in imposing such
Parliament (Article 33). service, the State is not permitted to make any
discrimination on grounds only of religion,
Q.46) Ans: C race, caste or class.
 72

Q.47) Ans: A Q.49) Ans: B

Exp: Exp:
• Statement 1 is incorrect: Article 20 of the • Statement 1 is correct: The Supreme Court in
Constitution grants protection against its National Legal Services Authority v. Union
arbitrary and excessive punishment to an of India (NALSA) judgment recognized the
accused person, whether citizen or foreigner right to self-determination of gender identity.
or legal person like a company or corporation. The Court interpreted 'dignity‘ under Article
• Statement 2 is correct: Article 20 contains 21 of the Constitution to include diversity in
three provisions- i) ex-facto law ii) No double self-expression, which allowed a person to lead
jeopardy iii) No self incrimination a dignified life. It placed one‘s gender identity
• An ex-facto law is one that imposes a penalty within the framework of the fundamental right
retrospectively. The enactment of such a law is to dignity under Article 21. Further, it noted
prohibited by first provision of Article 20. that the right to equality (Article 14 of the
However this limitation is imposed only on Constitution) and freedom of expression
criminal laws and not on civil laws or tax laws. (Article 19(1)(a)) was framed in gender-
• Statement 3 is correct: The protection against neutral terms. Consequently, the right to
double jeopardy is available only in equality and freedom of expression would
proceedings before a court of law or a judicial extend to transgender persons.
tribunal. It is not available in proceedings
before departmental or administrative
authorities as they are not of judicial nature.

• Statement 2 and 3 are correct: Under Articles

Q.48) Ans: C 15 and 16, discrimination on the ground of
Exp: ―sex is explicitly prohibited. The Court held
● Statement 1 is incorrect: Article 32 confers the that ―sex here does not only refer to
right to remedies for the enforcement of the biological attributes (such as chromosomes,
Fundamental rights of an aggrieved citizen. In genitalia and secondary sexual
case of enforcement of Fundamental Rights, characteristics) but also includes ―gender
the jurisdiction of the Supreme court is (based on one‘s self-perception). Thus, the
original but not exclusive. It is concurrent with Court held that discrimination on the ground of
the jurisdiction of the high court under article ―sex included discrimination on the basis of
226. gender identity. The Court held that
● Statement 2 is incorrect: Parliament can transgender persons were entitled to
empower any other court to issue directions, fundamental rights under Articles 14, 15, 16,
orders and writs of all kinds. However this can 19(1)(a) and 21 of the Constitution.
be done without prejudice to the powers
conferred on the Supreme and high court. Q.50) Ans: C
● Statement 3 is correct: The violation of a Exp:
fundamental right is the sine qua non for the • Statement 1 is incorrect: Article 19(c) entitles
exercise of the right conferred by article 32. In all citizens the right to form associations or
other words, the Supreme Court under Article unions or cooperative societies. It not only
32 cannot determine a question that does not includes the right to start an association or
invoke Fundamental rights.
 73

union but also to continue with the association whether aided or unaided by the State, other
or union as such. than the minority educational institutions.
• Statement 2 is correct: Further 19(c) also ● Statement 2 is correct: Art 15(5) was
covers the negative right of not to form or join introduced by the Constitution (Ninety-third
an association or union. Reasonable Amendment) Act, 2005, so as to bring private
restrictions can be imposed by the State on this unaided institutions into the ambit of
right on the grounds of sovereignty and reservations.
integrity of India, public order and morality.
• Statement 3 is incorrect: The right to obtain Q.53) Ans: D
recognition of the association is not a Exp:
fundamental right. • Pair 1 is correct: Article 16(4) provides for
reservation of jobs in favor of backward
Q.51) Ans: B classes. The extent and scope of this Article
Exp: was examined by the Supreme court in the
About Writ of Mandamus famous Mandal case. The Supreme Court
• Mandamus is a command issued by the court rejected reservations in promotion and held
to a public official asking him to perform his that reservation should be confined to initial
official duties that he has failed or refused to appointments only.
perform. It can be issued against any public • In order to nullify the ruling, 77 Amendment
body, a corporation, an inferior court, a Act 1995 was enacted. It added a new
tribunal or government for the same purpose. provision that empowers the State to provide
• However it cannot be issued in case of- against for reservation in promotion of any services
a private body or individual, to enforce under the State in favour of SCs and STs that
departmental instruction that does not are not adequately represented in the State
possess statutory force, when the duty is services.
discretionary and not mandatory, to enforce • Again, the 85th Amendment Act 2001 provides
contractual obligation,against the President of for 'Consequential seniority' in case of
India and Governor of States and against the promotion by virtue of rule of reservation for
chief justice of a high court acting in judicial the government servants belonging to SCs and
capacity. STs with retrospective effect from June 1995
• Pair 2 is incorrect: Right to form cooperatives
Q.52) Ans: A was added after the 97th Amendment Act
Exp: 2011. It is under Article 19(1)(c) of the
● Statement 1 is correct and statement 3 is Constitution. This enables all the citizens to
incorrect: In India, the Constitutional 93rd form cooperatives by giving it the status of
amendment, 2005 added clause (5) in Article fundamental right of citizens.
15 which stated nothing shall prevent the • 73rd Constitutional Amendment 1992 is
State from making any special provision, by related to formation of Panchayati Raj in India
law, for the advancement of any socially and • Pair 3 is correct: Right to Education was added
educationally backward classes of citizens or by 86th Amendment Act of 2002 under Article
for the Scheduled Castes or the Scheduled 21A of Indian Constitution. It declares that the
Tribes in so far as such special provisions relate State shall provide free and compulsory
to their admission to educational institutions education to all children of the age of six to
including private educational institutions, fourteen years in such a manner as the State
may determine.
 74

• This Amendment is a major milestone in the Right to free legal aid, Right to travel
country's aim to achieve 'Education for All' and abroad, Right to Reputation, Right against
is often regarded as 'the dawn of the second bonded labour etc.
revolution in the chapter of citizens rights'. ● Statement 3 is correct: Article 21A- It
provides for the right to elementary
Q.54) Ans: C education. Thus, it is the responsibility of the
Exp: State to provide for free and compulsory
• Statement 1 is incorrect: The various rights education to all children of the age of six to
under the category Right to Freedom are fourteen years.
contained under the Article 19-22 of the Indian
Constitution Q.55) Ans: B
o Article 19: It is the most important and key Exp:
article which embodies the “basic ● Statement 1 is incorrect: Procedure
freedoms”. It provides that all citizens shall Established by law seems to be borrowed
have the right - to freedom of speech and from the Japanese constitution. Article 21
expression; to assemble peaceably and declares that no person shall be deprived of his
without arms; to form associations or life or personal liberty except according to
unions; to move freely throughout the procedure established by law. This right is
territory of India; to reside and settle in available to both citizens and non-citizens of
any part of the territory of India; to India.
practice any profession, or to carry on any ● Statement 2 is correct: According to the
occupation, trade or business. Supreme Court, Hadiya Case (2017) - The right
o However, Freedom of speech and to marry a person of one’s choice is integral to
expression is not absolute. As of now, Art.21 (right to life and liberty) of the
there are 8 restrictions on the freedom of Constitution.
speech and expression which include -
Security of the state; Friendly relations
with foreign states; Public Order; Decency
or morality; Contempt of Court;
Defamation; Incitement to offense;
Sovereignty and integrity of India.
o Freedom under Article 19(1) i.e Freedom
of speech and expression encompasses
Right to demonstration or picketing but
not right to strike.
● Statement 2 is correct: Article 21 It provides
for the protection of Life And Personal Liberty
i.e. no person shall be deprived of his life or
personal liberty except according to the
procedure established by law.
o The scope of this article has been
continuously expanded through the
various judgments of the Supreme
Court(In the Maneka Gandhi case, 1978
and subsequent cases). The examples are
 75

o Article 19: Freedom of Speech and

Extra Edge by PW Only IAS
expression, assembly, association,
About Article 21 (Right to life or personal liberty)
movement, residence and Profession.
The aim of Article 21 is that when the right to life
o Article 29: Protection of language, Script
or liberty of a person is taken away by the State, it
and culture of minorities.
should only be according to the prescribed
o Article 30: Right of minorities to establish
procedure of law.
and administer educational institutions.
The court has declared the following rights as part
of Article 21:
Q.57) Ans: D
• Right to privacy
Exp:
• Right to go abroad
● Statement 1 is correct: Fundamental
• Right to shelter
Rights are justiciable, which allows persons
• Right against solitary confinement
to move the courts for their enforcement,
• Right to social justice and economic if and when they are violated. They are
empowerment defended and guaranteed by the Supreme
• Right against handcuffing Court of India. Hence, under Article 32,
• Right against inhuman treatment aggrieved persons can directly go to the
• Right against delayed execution Supreme Court for its enforcement.
• Right against public hanging ● Statement 2 is incorrect: Fundamental
• Right to pollution-free water and air Rights are not Sacrosanct or permanent or
• Right to health and medical aid absolute. The Parliament can curtail or
• Right to information repeal them but only by a constitutional
• Right to reputation amendment act and not by an ordinary act
• Right to speedy and fair trial without affecting the basic structure of the
• Right to live with human dignity etc. constitution.
● Statement 3 is correct: They can be
suspended during the National
Q.56) Ans: A
Emergency. Article 358, When a
Exp:
proclamation of national emergency is
● Freedom of trade and profession is the right
made, the six Fundamental Rights under
given only to the citizens of India under Article
Article 19 are automatically suspended.
19 of the constitution. Therefore British
● 44th amendment act of 1978, restricted
citizens staying in India cannot claim this right.
the scope of this article 358. These six
● But he/she can claim all other rights available
fundamental rights under Article 19 can be
to foreigners except the following.
suspended only when the National
● According to the Constitution of India, certain
Emergency is declared on the ground of
rights are available only to the citizens of India
War or external aggression and not on the
and not to foreigners which includes:
grounds of armed rebellion.
o Article 15: Prohibition of discrimination on
● Article 359 authorises the president to
grounds of religion, race, caste, sex or
suspend the right to move any court for
place of birth.
the enforcement of Fundamental Rights
o Article 16: Equality of Opportunity in
during national emergency. The president
matters of public employment.
can not suspend the right to move to the
court for the enforcement of Fundamental
Rights guaranteed by article 20 (right to
 76

Protection in respect of conviction for Fundamental Rights to members of

offences) and article 21 ( right to life and armed forces, police forces, etc. (Article
personal liberty) 33). Indemnifying any government servant
● Statement 4 is not correct: Some of the or any other person for any act done
Fundamental Rights are available only to during the operation of martial law in any
the citizens ( Article 15, 16, 19, 29 and 30 area (Article 34).
) while the rest all are available to both the ● Statement 2 is incorrect: Parliament shall
citizens and foreigners except enemy have (and the legislature of a state shall
aliens. not have) powers to make laws for
● Statement 5 is not correct: Fundamental prescribing punishment for those acts that
Rights are contained in part III of the are declared to be offenses under the
Indian Constitution from Article 12 to 35. fundamental rights. These include the
The framers of the constitution derived following:
inspiration from the Constitution of the o Untouchability (Article 17).
USA ( I.e. Bill of rights ) o Traffic in human beings and forced
labour (Article 23).
Q.58) Ans: A
Exp:
Students Note
● Article 35 lays down that the power to
make laws,to give effect to certain
specified fundamental rights, shall vest
only in the Parliament and not in the state
legislatures. This provision ensures that
there is uniformity throughout India with
regard to the nature of those fundamental
rights and punishment for their
infringement.
● Article 35 contains the following
provisions: The Parliament shall have (and
the legislature of a state shall not have)
power to make laws with respect to the
following matters:
o Prescribing residence as a condition
for certain employment or
appointments in a state or union
territory or local authority or other
authority (Article 16).
o Empowering courts other than the
Supreme Court and the high courts to
issue directions, orders, and writs of all
kinds for the enforcement of
fundamental rights (Article 32).
● Statement 1 is correct: Restricting or
abrogating the application of
 77

Directive Principles of State Policy

Q.1) Ans: C Q.3) Ans: B

Exp: Exp:
● Statement 1 is correct and Statement 2 is ● Pair 1 is correct – Article 51 provides that the
incorrect: Article 37 provides that “The State should endeavour to – (a) promote
provisions contained in this Part shall not be international peace and security; (b) maintain
enforceable by any court, but the principles just and honourable relations between
therein laid down are nevertheless nations; (c) foster respect for international law
fundamental in the governance of the country and treaty obligations in the dealings of
and it shall be the duty of the State to apply organised peoples with one another; and (d)
these principles in making laws.” Thus, Article encourage settlement of international
37 (included originally into the Constitution) disputes by arbitration.
makes it clear that DPSPs are non-enforceable ● Pair 2 is correct – Article 50 provides that the
by any court. State shall take steps to separate the judiciary
● Statement 3 is correct: Article 50 provides that from the executive in the public services of the
“The State shall take steps to separate the State.
judiciary from the executive in the public ● Pair 3 is incorrect – Article 40 provides that the
services of the State.” State shall take steps to organise village
panchayats.
● Pair 4 is incorrect – Article 42 provides that the
Q.2) Ans: A
State shall make provision for securing just and
Exp:
humane conditions of work and for maternity
● Statement 1 is correct: Directive Principles,
relief.
though non-justiciable in nature, help the
courts in examining and determining the
constitutional validity of a law. The Supreme Q.4) Ans: A
Court has ruled many a times that in Exp:
determining the constitutional validity of any ● Statement 1 is correct – Article 38(1) provides
law, if a court finds that the law in question that the State shall strive to promote the
seeks to give effect to a Directive Principle, it welfare of the people by securing and
may consider such law to be ‘reasonable’ in protecting as effectively as it may a social order
relation to Article 14 or 19 and thus save such in which justice, social, economic and political,
law from unconstitutionality. shall inform all the institutions of the national
● Statement 2 is incorrect: In Minerva Mills case, life.
the Supreme Court held that ‘the Indian
Constitution is founded on the bedrock of the
balance between the Fundamental Rights and
Directive Principles. To give absolute primacy
to one over the other is to disturb the harmony ● Statement 2 is incorrect – Article 39 provides
of the Constitution. for equal pay for equal work.
● Statement 3 is correct – Article 38 has been
amended only once by 44th Constitutional
Amendment Act, 1978. It added a directive for
 78

the state to minimize the inequalities in o Supremacy of the constitution

income, status, facilities and opportunities. o Social Justice
o Harmony and balance between
Q.5) Ans: A fundamental rights and Directive
Exp: Principles.
● Statement 1 is correct and Statement 2 is o Free and fair elections
incorrect: o Independence of judiciary
o Originally, the Right to form Cooperative o Limited power of Parliament to amend the
Societies was not a fundamental right in constitution
India. After the 97th amendment o Secular character of the constitution
however, the right to form cooperative o Rule of law and Principle of equality
societies has been added to Article 19
(Right to Freedom) of the Constitution,
Q.7) Ans: C
and has hence become a fundamental
Exp:
right of every Indian citizen. Reasonable
● Option 1 and 2 are incorrect: To secure
Restrictions can however be made subject
opportunities for healthy development of
to maintenance of public order or morality
children and To promote equal justice and to
and interests of the sovereignty and
provide free legal aid to the poor (Article 39 A)
integrity of India.
was added by the The 42nd Amendment Act
o The 97th Amendment also added Article
of 1976.
43B to the DPSPs. It requires the state to
● Option 3 is correct: To secure equitable
promote voluntary formation,
distribution of material resources of the
autonomous functioning, democratic
community for the common good has been
control and professional management of
provided in Article 39 of Constitution. This has
co-operative societies.
been cited by the Supreme Court during the
o Additionally, the amendment added
verdict regarding coal blocks and Spectrum
Chapter IX-B to the constitution. The
bands.
chapter covers detailed provisions
● Option 4 is incorrect: The 44th Amendment
regarding cooperative societies in india.
Act of 1978 added one more Directive Principle
which requires the State to minimise
Q.6) Ans: A inequalities in income, status, facilities and
Exp: opportunities
● Basic structure of the Indian Constitution
In 1973, the basic structure doctrine was
Q.8) Ans: B
formally introduced with rigorous legal
Exp:
reasoning in the landmark decision of
● Statement 1 is correct: To promote equal
Kesavananda Bharati v. State of Kerala. It is a
justice and to provide free legal aid to the poor.
common law legal doctrine which states that
It is one of the socialist principles provided in
the constitution of a sovereign state like India
Article 39A of the Constitution.
has certain characteristics that cannot be
● Statement 2 is correct: To make provision for
erased by its legislature. Under various
just and humane conditions of work is socialist
judgements of Supreme Court the have
principle in Article 42.
emerged as basic features of the constitution
some of them are as below:
 79

● Statement 3 is incorrect: To promote cottage factors. Political justice implies that all citizens
industries on a co-operative basis in rural areas should have equal political right. The ideal of
is a Gandhian Principle. (Article 43) justice–social, economic and political–has
● Statement 4 is incorrect: To promote the been taken from the Russian Revolution
educational and economic interests of SCs,STs,
and other weaker sections of the society. This Q.11) Ans: B
is also a Gandhian principle. (Article 48) Exp:
Instrument of instructions
● The directive principles resemble the
Q.9) Ans: C
instrument of instructions enumerated in the
Exp:
Government of India Act of 1935. In the words
● Statement 1 is correct: Article 335 states the
of BR Ambedkar “the directive principles are
claims of the members of the Scheduled Castes
like the instrument of instructions which were
and the Scheduled Tribes shall be taken into
issued to the governor general and to the
consideration, consistently with the
Governors of the colonies of India by the
maintenance of efficiency of administration, in
British government.”
the making of appointments to services and
● The Directive Principles embody the concept of
posts in connection with the affairs of the
welfare state and not that of a police state
Union or a State.
which existed during the colonial era. They
● Statement 2 is incorrect: Article 46 of Indian
seek to establish economic and social
Constitution directs states to promote the
democracy in the country. The framers of the
educational and economic interests of SCs, STs,
Constitution borrowed this idea from the Irish
and other weaker sections and to protect them
constitution.
from social injustice and exploitation. This is a
Gandhian Directive Principle.
● Statement 3 is incorrect: To promote Q.12) Ans: A
international peace and security and maintain Exp:
just and honourable relations between nations ● Options 1 and 2 are correct:
and to foster respect for international law and o Socialistic Directive Principles of State Policy
treaty obligations is liberal intellectual § To promote the welfare of the people by
principle provided in Part IV of constitution. securing a social order permeated by
justice–social, economic and political and
to minimise inequalities in income, status,
Q.10) Ans: B
facilities and opportunities (Article 38).
Exp:
§ To secure (a) the right to adequate means
● Statement 1 is incorrect: Directive principles
of livelihood for all citizens; (b) the
of State Policy are directions provided by the
equitable distribution of material
constitution to the Government and
resources of the community for the
administrative functionaries.
common good; (c) prevention of
● Statement 2 is correct: The term justice in the
concentration of wealth and means of
Preamble embraces three distinct forms–
production; (d) equal pay for equal work
social, economic and political. Social justice
for men and women; (e) preservation of
denotes the equal treatment of all citizens
the health and strength of workers and
without any social discrimination. Economic
children against forcible abuse; and (f)
justice denotes the non-discrimination
between people on the basis of economic
 80

opportunities for healthy development of cannot be Compelled to implement them even

children (Article 39). though they are fundamental in the
§ To promote equal justice and to provide Governance of the country
free legal aid to the poor (Article 39 A). ● Despite their non-justiciable nature, the
§ To secure the right to work, to education Directive Principles help the courts in
and to public assistance in cases of examining and determining the constitutional
unemployment, old age, sickness and validity of law. The Supreme Court has ruled
disablement (Article 41). many times that in determining the
§ To make provision for just and humane constitutionality of any law if a court finds that
conditions of work and maternity relief the law in question seeks to give effect to
(Article 42). directive principle, it may consider such law to
§ To secure a living wage, a decent standard be reasonable in relation to Article 14 or article
of life and social and cultural opportunities 19
for all workers (Article 43). ● They can come in direct conflict with the
§ To take steps to secure the participation of Fundamental Rights of the citizen. This
workers in the management of Indus-tries problem arose when the government sought
(Article 43 A) to pass laws to abolish the zamindari system.
● Option 3 is incorrect: Article 48,” The State These measures were opposed on the ground
shall endeavour to organise agriculture and that they violated the right to property (which
animal husbandry on modern and scientific was a fundamental right back then)
lines” is Liberal intellectual DPSPs
● Option 4 is incorrect: Article 47,” The state Q.14) Ans: A
shall endeavour to prohibit consumption of
Exp:
intoxicating drinks and drugs which are
● Options 1, 2 and 3 correct
injurious to health “is Gandhian principle.
o Liberal intellectual Directive Principles of
State Policy
Q.13) Ans: C § To secure for all citizens a uniform civil
Exp: code throughout the country (Article 44).
Salient features of Directive Principles of State § To provide early childhood care and
Policy: education for all children until they
complete the age of 6 years (Article 45).
● The Directive Principles along with the § To organise agriculture and animal
fundamental rights embody the philosophy of husbandry on modern and scientific lines
the constitution. The Directive Principles have (Article 48).
been described as the conscience of the § To protect and improve the environment
constitution. and to safeguard forests and wildlife10
● Directive Principles denote ideas that the state (Article 48 A).
should keep in mind while formulating policies § To protect monuments, places and objects
enacting laws for the welfare of the people. of artistic or historic interest which are
They aim at realising the ideals of justice, declared to be of national importance
liberty, equality and fraternity as outlined in (Article 49).
the Preamble of the constitution § To separate the judiciary from the
● Directive principles are non-justiciable in executive in the public services of the State
nature. They are not legally enforceable by the (Article 50).
courts for their violation. The government
 81

§ To promote international peace and Q.16) Ans: B

security and maintain just and honourable Exp:
relations between nations; to foster ● Options 1 2 and 4 are correct
respect for international law and treaty ● Article 51 of the Constitution:
obligations, and to Encourage settlement The State shall endeavour to—
of international disputes by arbitration
o promote international peace and security;
(Article 51).
o maintain just and honourable relations
● Option 4 is incorrect
between nations;
o Article 43B, “To promote voluntary
o foster respect for international law and
formation, autonomous functioning,
treaty obligations in the dealings of
democratic control and professional
organised peoples with one another; and
management of cooperative societies” is
o encourage settlement of international
Gandhian DPSP.
disputes by arbitration.

Q.15) Ans: A
Q.17) Ans: B
Exp:
Exp:
● Statement 1 is correct: They serve as a
● Option A is incorrect: While Article 45 states
common political manifesto. ‘A ruling party,
that it shall be the endeavour to provide early
irrespective of its political ideology, has to
childhood care and education for all children
recognise the fact that these principles are
until they complete the age of six years; Article
intended to be its guide, philosopher and
51A (k) calls upon a parent or guardian to
friend in its legislative and executive acts. At
provide opportunities for education to his child
the same time, they enable the opposition to
or, as the case may be, ward between the age
exercise influence and control over the
of six and fourteen years.
operations of the government. The Opposition
● Option B is correct:
can blame the ruling party on the ground that
o Article 48A (Directive Principle) puts the
its activities are opposed to the Directives
onus on the state to protect and improve
● Statement 2 is correct: They have served as
the environment and to safeguard the
useful beacon-lights to the courts. They have
forests and wildlife of the country.
helped the courts in exercising their power of
o Article 51A (g) (Fundamental Duty) also
judicial review, that is, the power to determine
calls upon every citizen of India to protect
the constitutional validity of a law.
and improve the natural environment
● Statement 3 is incorrect: Apart from the
including forests, lakes, rivers and wildlife,
directives included in part IV there are some
and to have compassion for living
other directives contained in the other parts of
creatures
the constitution:
● Option C and D are Incorrect: To renounce
o Article 335: Claims of scheduled castes
practices derogatory to the dignity of women
and Scheduled Tribes to services
and to develop the scientific temper,
o Article 350-A: facilities for instructions in
humanism and the spirit of inquiry and reform
mother tongue at the primary stage of
are both Fundamental Duties.
education to children belonging to
minority linguistic groups.
Q.18) Ans: C
o Article 351: Development of Hindi
Exp:
language
 82

● Statement 1 is incorrect: Directive to minimise Exp:

inequalities in income, status, facilities and ● Statement 1 is Correct: The directive principle
opportunities is given in article 38 of Indian of State Policy serves as a crucial test for the
constitution not in article 39.Article 38 of performance of the government. the people of
Indian constitution also contain the directive a country can examine the policies and
for state to promote the Welfare of people by programmes of a government in the light of
securing a social order permeated by the these directives.
social, economic and political justice. ● Statement 2 is incorrect: The directive
● Statement 2 is Correct and Statement 3 is principle of state policies is intended to fill the
Correct: Article 39 of Indian Constitution vacuum in a part III of Indian Constitution by
provides a directive to the state to secure the providing social and economic rights.
equal distribution of material resources of the ● Statement 3 is Correct: As the directive
community for the common good. It also principles of state policy are not automatically
directs the state to secure the prevention of enforced they require legislative action for
concentration of wealth and means of their implementation.
production. Other provision in article 39 of
Indian Constitution is to secure the right to
Q.21) Ans: B
adequate means of livelihood for all citizen,
Exp:
equal pay for equal work for men and women,
● Option A is correct – Article 37 provides that
preservation of Health and strength of worker
DPSPs are fundamental in governance of the
and children against the forcible abuse and
country.
opportunity for healthy development of
● Option B is incorrect – To protect and improve
children
the natural environment including forests,
lakes, rivers and wildlife and to have
Q.19) Ans: C compassion for living creatures is a
Exp: fundamental duty under Article 51A (g) of the
● Statement 1 is incorrect: To provide Constitution.
opportunity for education to child or ward ● Option C is correct - Directive Principles,
between the age of six to fourteen years Is part though non-justiciable in nature, help the
of fundamental duties. This duty was added by courts in examining and determining the
the 86th Constitutional Amendment Act 2002. constitutional validity of a law. The Supreme
● Statement 2 is incorrect: To value and Court has ruled many a times that in
preserve the rich heritage of the country’s determining the constitutional validity of any
compost culture is one of the fundamental law, if a court finds that the law in question
duties mentioned in article 51A of Indian seeks to give effect to a Directive Principle, it
Constitution. may consider such law to be ‘reasonable’ in
● Statement 3 is Correct: Article 49 of Indian relation to Article 14 or 19 and thus save such
constitution directs the state to protect law from unconstitutionality.
monuments, places and objects of artistic or ● Option D is correct - Article 50 provides that
historic interest which are declared to be of “The State shall take steps to separate the
national importance.It is a part of directive judiciary from the executive in the public
principle of State Policy. services of the State.”

Q.20) Ans: B
Q.22) Ans: C
 83

Exp: • The phrase ‘Directive Principles of State

● The directive for separation of the judiciary Policy’ denotes the ideals that the State should
from the executive has been provided under keep in mind while formulating policies and
Article 50, which was part of the original enacting laws. These are the constitutional
Constitution. instructions or recommendations to the State
● The directive to secure opportunities for in legislative, executive and administrative
healthy development of children has been matters.
provided under Article 39(f), which was added • According to Article 36, the term ‘State’ in Part
through 42nd Constitutional Amendment Act, IV has the same meaning as in Part III dealing
1976. with Fundamental Rights. Therefore, it
● In the Minerva Mills Case (1980), the Supreme includes the legislative and executive organs of
court held that the Indian constitution is the central and state governments, all local
founded on the bedrock of the balance authorities and all other public authorities in
between the fundamental rights and directive the country.
principle. • Article 12 has defined the term for the
● Provision for consequential seniority in purposes of Part III. According to it, the State
promotion in favour of Scheduled Castes and includes the following:
Scheduled Tribes under Article 16(4A) was o Government and Parliament of India, that
added through 85th Constitutional Amendment is, executive and legislative organs of the
Act, 2001. Union government.
o Government and legislature of states, that
is, executive and legislative organs of state
Q.23) Ans: B
government.
Exp:
o All local authorities, that is,
● Statement 1 is correct: Article 42 of the
municipalities, panchayats, district
Constitution provides that the State shall make
boards,improvement trusts, etc.
provision for just and humane conditions of
o All other authorities, that is, statutory or
work and maternity relief
non-statutory authorities like LIC, ONGC,
● Statement 2 is incorrect: Article 51A(f) assigns
SAIL, etc.
every citizen a fundamental duty to value and
• National Tiger Conservation Authority (NTCA)
preserve the rich heritage of the country’s
is a statutory body constituted by enabling
composite culture.
provisions of the Wildlife (Protection) Act,
● Statement 3 is incorrect: Article 51A(c) assigns
1972, as amended in 2006, under the Ministry
every citizen a fundamental duty to uphold and
of Environment, Forests and Climate Change.
protect the sovereignty, unity and integrity of
Hence option (d) is correct.
India
● Statement 4 is correct: Article 47 of the
Q.25) Ans: B
Constitution provides “Duty of the State to
Exp:
raise the level of nutrition and the standard of
• The framers of the Constitution made the
living and to improve public health”.
Directive Principles non- justiciable and legally
non-enforceable.
Q.24) Ans: D
• The 42nd Amendment Act of 1976 added four
Exp:
new Directive Principles to the original list.
About Article 36
They require the State:
 84

o To secure opportunities for healthy • To promote cottage industries on an individual

development of children (Article 39). or co-operation basis in rural areas (Article
o To promote equal justice and to provide 43).
free legal aid to the poor (Article 39 A). • To promote voluntary formation, autonomous
o To take steps to secure the participation functioning, democratic control and
of workers in the management of professional management of cooperative
industries (Article 43 A). societies. (Article 43B).
o To protect and improve the environment • To promote the educational and economic
and to safeguard forests and wildlife interests of SCs, STs, and other weaker
(Article 48 A). sections of the society and to protect them
• The 44th Amendment Act of 1978 added one from social injustice and exploitation (Article
more Directive Principle, which requires the 46).
State to minimise inequalities in income, • To prohibit the consumption of intoxicating
status, facilities and opportunities (Article 38). drinks and drugs which are injurious to health
• The 86th Amendment Act of 2002 changed the (Article 47).
subject-matter of Article 45 and made • To prohibit the slaughter of cows, calves and
elementary education a fundamental right other milch and draught cattle and to improve
under Article 21 A. The amended directive their breeds (Article 48).
requires the State to provide early childhood The 42nd Amendment Act of 1976 added four new
care and education for all children until they Directive Principles to the original list. They require
complete the age of six years. Hence the State:
statement 1 is correct. • To secure opportunities for healthy
• The 97th Amendment Act of 2011 added a development of children (Article 39).
new Directive Principle relating to co-operative • To promote equal justice and to provide free
societies. It requires the state to promote legal aid to the poor (Article 39 A).
voluntary formation, autonomous • To take steps to secure the participation of
functioning, democratic control and workers in the management of industries
professional management of co-operative (Article 43 A).
societies (Article 43B). Hence statement 4 is • To protect and improve the environment and
correct. to safeguard forests and wildlife (Article 48 A).
Q.27) Ans: B
Q.26) Ans: D Exp:
Exp: • Statement 1 is incorrect: The Directive
DPSPs based on Gandhian principles Principles of State Policy are added in Part IV
Some of the Directive principles of state policy are of the Constitution from Articles 36 to 51. The
based on Gandhian ideology. They represent the makers of the Constitution borrowed this idea
programme of reconstruction enunciated by from the Irish Constitution of 1937, which had
Gandhi during the national movement. In order to copied it from the Spanish Constitution. Dr B R
fulfil the dreams of Gandhi, some of his ideas were Ambedkar described Dpsp as ‘novel features’
included as Directive Principles. They require the of the Indian Constitution. It along with the
State: Fundamental Rights contain the philosophy of
• To organize village panchayats and endow the Constitution It is the soul of the Indian
them with necessary powers and authority to Constitution.
enable them to function as units of self-
government (Article 40).
 85

• Statement 2 is incorrect: ‘Directive Principles the Preamble to the Constitution. They

of State Policies signify the ideals that the embody the concept of a ‘welfare state’ and
State should keep in mind while making good not that of a ‘police state’, which existed
policies and enacting laws. These are the during the colonial era.
constitutional instructions to the State in • In brief, they seek to establish economic and
legislative, executive and administrative social democracy in the country. The Directive
matters. According to Article 36, the term Principles, though non-justiciable in nature,
‘State’ in Part IV has the same meaning as in help the courts in examining and determining
Part III dealing with Fundamental Rights. the constitutional validity of a law.
Therefore, it incorporates the legislative and
executive organs of the central and state Q.29) Ans: A
governments, all local authorities and all other Exp:
public authorities in the country. ● Article 39 (b) provides for the equitable
• Statement 3 is correct: The Directive Principles distribution of material resources of the
of states policy constitute a comprehensive community for the common good and Article
economic, social and political programme for a 39 (c) provides for the prevention of
modern democratic State like India. They aim concentration of wealth and means of
at accomplishing the high ideals of justice, production.
liberty, equality and fraternity as defined in the o Article 39 (b) - The State shall, in
Preamble to the Constitution. They embody particular, direct its policy towards
the embodiment of a ‘welfare state’ and not securing: that the ownership and control
that of a ‘police state’, which happened during of the material resources of the
the colonial era. It aims to establish economic community are so distributed as best to
and social democracy in the country. subserve the common good.
o Article 39 (c) - The State shall, in particular,
Q.28) Ans: C direct its policy towards securing: that the
Exp: operation of the economic system does
• Directive Principles of State Policy’ denotes not result in the concentration of wealth
the ideals that the State should keep in mind and means of production to the common
while formulating policies and enacting laws. detriment.
These are the constitutional instructions or ● In the Golaknath Case (1967), the SC
recommendations to the State in legislative, pronounced that the parliament cannot
executive and administrative matters. amend the Fundamental Rights to give effect
• According to Article 36, the term ‘State’ in Part to the Directive Principles of State Policy. The
IV has the same meaning as in Part III dealing parliament responded again by bringing the
with Fundamental Rights. Therefore, it 25th Amendment Act of the constitution
includes the legislative and executive organs of which inserted Article 31C in Part III.
the central and state governments, all local ● Article 31 C contained two provisions:
authorities and all other public authorities in o If a law is made to give effect to DPSPs in
the country. Article 39(b) and Article 39(c) and in the
• The Directive Principles constitute a very process, the law violates Article 14, Article
comprehensive economic, social and political 19, or Article 31, then the law should not
programme for a modern democratic State. be declared unconstitutional and void
They aim at realising the high ideals of justice, merely on this ground.
liberty, equality and fraternity as outlined in
 86

o Any such law which contains the Socialistic Principles

declaration that it is to give effect to ● These principles reflect the ideology of
DPSPs in Article 39(b) & Article(c) shall socialism. They lay down the framework of a
not be questioned in a court of law. democratic socialist state, aim at providing
● Later parliament brought the 42nd social and economic justice, and set the path
Amendment Act in 1976, which extended the towards a welfare state They direct the state:
scope of the above first provision of Article ● To promote equal justice and to provide free
31C by including within its purview any law to legal aid to the poor (Article 39 A).
implement any of the DPSPs specified in Part ● To secure the right to work, to education and
IV of the constitution and not merely Article to public assistance in cases of unemployment,
39(b) or (c). However, this extension was old age, sickness and disablement (Article 41).
declared unconstitutional and void by the SC ● To make provision for just and humane
in the Minerva Mills Case(1980). conditions of work and maternity relief (Article
● These two Directive Principles (under Article 42).
39 (b) and Article 39 (c)) thus have been given ● To secure a living wage, a decent standard of
precedence over Fundamental Right 14 (Right life and social and cultural opportunities for all
to Equality) and Fundamental Right 19 workers (Article 43).
(Freedom of Speech and Expression). Hence ● To take steps to secure the participation of
option (a) is the correct answer workers in the management of industries
(Article 43 A).
Q.30) Ans: D ● To raise the level of nutrition and the standard
Exp: of living of people and to improve public
Liberal and intellectual Ideology health (Article 47). Etc
• The principles included in this category
represent the ideology of liberalism. They Q.32) Ans: C
direct the state: Exp:
• To secure for all citizens a uniform civil code ● Though the Directive Principles are non-
throughout the country (Article 44). justiciable, the Constitution (Article 37) makes
• To provide early childhood care and education it clear that these principles are fundamental
for all children until they complete the age of in the governance of the country and it shall
six years. (Article 45). be the duty of the state to apply these
• To organize agriculture and animal husbandry principles in making laws.
on modern and scientific lines (Article 48). ● Statement 1 is correct: The framers of the
• To protect and improve the environment and Constitution made the Directive Principles
to safeguard forests and wildlife10 (Article 48 non-justiciable and legally non-enforceable
A). because:
• To protect monuments, places and objects of ● The country did not possess sufficient financial
artistic or historic interest which are declared resources to implement them. To implement
to be of national importance (Article 49). all the directive principles the newly formed
• To separate the judiciary from the executive independent state would require an enormous
in the public services of the State (Article 50). amount of financial resources and this would
Etc. Hence, option (d) is correct. be a challenge to the country. Keeping in this
regard they were made non-justiciable.
Q.31) Ans: B ● Statement 2 is correct. The presence of vast
Exp: diversity and backwardness in the country
 87

would stand in the way of their

5. Cultural and educational rights (Articles 29–
implementation. The directive principles are
30)
so diverse in character and constitutional
6. Right to property (Article 31)
makers felt that making them justiciable may
7. Right to constitutional remedies (Article 32).
create obstacles for the newly independent
country as some of the directive principles like
the Uniform Civil Code were opposed by some Q.34) Ans: C
communities. They wanted to give the state Exp:
sufficient time and a place of choosing to ● Statement 1 is correct: A Uniform Civil Code is
implement India's future leaders. one that would provide for one law for the
entire country, applicable to all religious
Q.33) Ans: D communities in their personal matters such as
Exp: marriage, divorce, inheritance, adoption, etc.
● The Directive Principles of State Policy are Article 44 of the Constitution lays down that
enumerated in Part IV of the Constitution the state shall endeavor to secure a Uniform
from Articles 36 to 51. Civil Code for the citizens throughout the
● The framers of the Constitution borrowed this territory of India. Article 44 is one of the
idea from the Irish Constitution of 1937, which Directive Principles of State Policy. These, as
had copied it from the Spanish Constitution. Dr defined in Article 37, are not justiciable (not
B R Ambedkar described these principles as enforceable by any court) but the principles
‘novel features’ of the Indian Constitution. laid down therein are fundamental in
● The Directive Principles along with the governance.
Fundamental Rights contain the philosophy of ● Statement 2 is correct: Goa is the only state in
the Constitution and is the soul of the India that has a uniform civil code regardless of
Constitution. Granville Austin has described religion, gender, caste. Goa has a common
the Directive Principles and the Fundamental family law. Recently, the Chief Justice of India
Rights as the ‘Conscience of the Constitution’. (CJI) lauded Goa’s Uniform Civil Code.
Hence option (D) is correct.

Extra edge by PW Only IAS

Q.35) Ans: C
• The Fundamental Rights are guaranteed by Exp:
the Constitution to all persons without any ● According to M C Setalvad (former Attorney
discrimination. They uphold the equality of General of India), the Directive Principles,
all individuals, the dignity of the individual, although confer no legal rights and create no
the larger public interest and unity of the legal remedies, are significant and useful in the
nation. The Fundamental Rights are meant following ways:
for promoting the ideal of political o They are like an ‘Instrument of
democracy. Instructions’ or general recommendations
• Originally, the Constitution provided for addressed to all authorities in the Indian
seven Fundamental Rights viz, Union. They remind them of the basic
1. Right to equality (Articles 14–18) principles of the new social and economic
2. Right to freedom (Articles 19–22) order, which the Constitution aims at
3. Right against exploitation (Articles 23–24) building.
4. Right to freedom of religion (Articles 25–28)
 88

o They have served as useful beacon-lights • Articles 28-30 remind us that rights come with
to the courts. They have helped the courts obligations and that none of the rights
in exercising their power of judicial review, mentioned in the UDHR can be used to violate
that is, the power to determine the the spirit of the United Nations.
constitutional validity of a law. • The Indian constitution was greatly influenced
o They form the dominating background to by the Universal Declaration of Human Rights,
all State action, legislative or executive 1948. Part III which stands for Fundamental
and also a guide to the courts in some Rights and Part IV for Directive Principles of
respects. State Policy bear a close resemblance to the
o They amplify the Preamble, which Universal Declaration of Human Rights. The
solemnly resolves to secure to all citizens preamble also provides for social, economic,
of India justice, liberty, equality and political, justice, as enshrined in UDHR and
fraternity. Article 28, 29 of UDHR, resemble the
Fundamental Duties.
Q.36) Ans: D
Exp: Q.37) Ans: D
Articles under Universal Declaration of Human Exp:
Rights: Apart from the Directives included in Part IV, there
• Articles 1 and 2 reaffirms human dignity, are some other Directives contained in other Parts
equality and brotherhood. of the Constitution. They are:
• Articles 3-11 are the rights of the individual: • Claims of SCs and STs to Services: The claims
the right to life, outlawing of slavery or of the members of the Scheduled Castes and
torture, equality before the law, the right to a the Scheduled Tribes shall be taken into
fair trial etc. consideration, consistently with the
• Articles 12-17 includes freedom of movement, maintenance of efficiency of administration,
the right to a nationality, the right to marry and in the making of appointments to services and
start a family, as well as the right to own posts in connection with the affairs of the
property. Union or a State (Article 335 in Part XVI).
• Instruction in mother tongue: It shall be the
endeavour of every state and every local
authority within the state to provide adequate
facilities for instruction in the mother-tongue
at the primary stage of education to children
belonging to linguistic minority groups (Article
350-A in Part XVII).
• Articles 18-21 are the spiritual and religious • Development of the Hindi Language: It shall
rights of individuals, such as freedom of be the duty of the Union to promote the
thought and conscience (religion), the right to spread of the Hindi language and to develop it
your own opinion, the right to peaceful so that it may serve as a medium of expression
assembly and association, and the right to for all the elements of the composite culture
vote and take part in the government. of India (Article 351 in Part XVII). Hence (d)
• Articles 22-27 includes the right to work, the option is correct.
right to rest and leisure, the right to a decent
standard of living, and the right to education. Q.38) Ans: C
Exp:
 89

• Directive Principles of State Policy are also

non justiciable in nature. They are not legally Students Note
enforceable by the courts for their violation.
This means that the government cannot be
compelled to implement them.
• The Directive Principles, though non-
justiciable in nature, help the courts in
examining and determining the constitutional
validity of a law. The Supreme Court has ruled
many times in determining the
constitutionality of any law. Hence statement
1 is correct.
• Fundamental Duties are non-justiciable in
nature as there is no legal sanction against
their violation. The Fundamental Duties in the
Indian Constitution are inspired by the
Constitution of erstwhile USSR.
• Moreover, the constitution does not provide
for their direct enforcement by the courts.
However, Parliament is free to enforce them
by suitable legislation. Hence statement 2 is
correct.
• The Preamble embodies the basic philosophy
and fundamental values—political, moral and
religious—on which the Constitution is based.
It contains the grand and noble vision of the
Constituent Assembly, and reflects the dreams
and aspirations of the founding fathers of the
Constitution,
• Moreover, the constitution does not provide
for their direct enforcement by the courts.
However, Parliament can make laws to enforce
them. Hence statement 3 is correct
• The Fundamental Rights are guaranteed by
the Constitution to all persons without any
discrimination. They uphold the equality of all
individuals, the dignity of the individual, the
larger public interest and unity of the nation.
• Fundamental Rights are justiciable and the
aggrieved person can move to the courts for
the violation of his/her rights. They are
defended by the Supreme Court. Hence
statement 4 is incorrect.
 90

Fundamental Duties
Germany, Australia and so on contains a list of
Q.1) Ans: B duties of citizens. Perhaps, Japanese
Exp: Constitution is the only democratic
● Option A is incorrect – Fundamental Duties Constitution in the world which contains a list
were inserted on the recommendations of of duties of citizens.
Swaran Singh Committee (1976). Verma ● Statement 2 is incorrect:The Fundamental
Committee (1999) was constituted to identify Duties have been amended once in 2002 after
the existence of legal provisions for their incorporation in 1976. 86th
implementation of some of the Fundamental Constitutional Amendment Act, 2002 added
Duties. the duty for Citizens to provide opportunities
● Option B is correct – Duty to pay taxes is not a for education to their child or ward between
Fundamental Duty. the age of six and fourteen years.
● Option C is incorrect – They are applicable to
citizens only and not applicable for non-
Q.4) Ans: A
citizens.
Exp:
● Option D is incorrect – They have been
● Statement 1 is correct:The Parliament enacted
inspired by the Constitution of the erstwhile
the 42nd Constitutional Amendment Act in
USSR.
1976. a new part, Part IV-A was added to the
Constitution by this amendment. It consists of
Q.2) Ans: A only one Article, that is, Article 51A which for
Exp: the first time specified ten fundamental duties
● Option A is correct - To promote harmony and of the citizens. It included the provision for
the spirit of common brotherhood amongst all citizens to value and preserve the rich heritage
the people of India is a fundamental duty of the country’s composite culture.
under Article 51A(e) of the Constitution. ● Statement 2 is incorrect: To protect and
● Option B is incorrect – Article 48A provides for improve the environment and to safeguard
Protection and improvement of environment forests and wildlife (Article 48 A)is one of the
and safeguarding of forests and wildlife. liberal intellectual principles of Part IV of the
● Option C is incorrect – Article 42 provides for Constitution. This was added by the 42nd
Provision for just and humane conditions of Amendment Act of 1976.
work and maternity relief.
● Option D is incorrect – Article 38 provides that
State to secure a social order for the promotion
of welfare of the people.

Q.3) Ans: D
Exp:
● Statement 1 is incorrect:The Fundamental ● Statement 3 is incorrect:The Fundamental
Duties in the Indian Constitution are inspired Duties have been amended once in 2002 after
by the Constitution of USSR. Almost none of their incorporation in 1976. 86th
the Constitutions of major democratic Constitutional Amendment Act, 2002 added
countries like the USA, Canada, France, the duty for Citizens to provide opportunities
 91

for education to their child or ward between considered as conscience of the constitution
the age of six to fourteen years by Granvill Austin.N.A. Palkhivala called it as
the ‘identity card of the constitution’
● Option 2 and 3 are correct: Fundamental rights
are the 'keystone' of democracy as they are
Q.5) Ans: B 'guaranteed' by law and the Directive
Exp: Principles constitute a significant part of the
● Statement 1 is incorrect: To protect Constitution. Therefore, the Directive
monuments, places and objects of artistic or Principles and the Fundamental Rights have
historic interest which are declared to be of been described as the 'Conscience of the
national importance (Article 49) is part of the Constitution' by Granville Austin
directive principle of state policy (Part Four). ● Option 4 is incorrect: Fundamental duties are
● Statement 2 is correct: Article 51(A)(g) states not considered as conscience of the
that to protect and improve the natural constitution by Granvill Austin.
environment including forests, lakes, rivers
and wildlife and to have compassion for living Q.8) Ans: D
creatures is one of the Fundamental duty of Exp:
Citizens of India. ● Statement 1 is correct: Rights and duties of the
citizens are correlative and inseparable. This
has been the view of various eminent
Q.6) Ans: C
personalities like Mahatma Gandhi, Harold
Exp:
Laski etc
● Option is A incorrect: To protect monuments,
● Statement 2 is correct: Indira Gandhi, the then
places and objects of artistic or historic interest
Prime Minister, justified the inclusion of
which are declared to be of national
fundamental duties in the Constitution and
importance (Article 49) is Directive Principles
argued that their inclusion would help to
for the State.
strengthen democracy. She said, ‘the moral
● Option B is incorrect: To Provide early
value of fundamental duties would be not to
childhood care and education for all children
erode rights but to establish a democratic
until they complete the age of six years (Article
balance by making the people conscious of
45) is Directive Principles for the State. It is
their duties equally as they are conscious of
added by 86th constitutional amendment act.
their rights.
● Option C is Correct: To safeguard public
● Statement 3 is correct: They serve as a warning
property and to abjure violence is one of the
against the anti-national and antisocial
Fundamental Duty for Citizens of India.
activities like burning the national flag,
● Option D is incorrect: To Pay taxes and
destroying public property and so on.
contribute to the development of the nation
was one of the recommendations of the
Swaran Singh Committee that is not Q.9) Ans: A
incorporated in the Constitution. Exp:
● Statement 1 is Correct: To safeguard public
property and to abjure violence is one of the
Q.7) Ans: C
fundamental duties provided in article 51A of
Exp:
Indian Constitution.
● Option 1 is incorrect: Though Preamble is an
important part of the constitution it is not
 92

● Statement 2 is Correct: Article 51A of Indian (USSR). Fundamental duties under Article 51A
constitution also provide that It is the duty of deal with these subjects
citizen to uphold and protect the sovereignty, o 51A(h) to develop scientific temper,
unity and integrity of India humanism and the spirit of inquiry and
● Statement 3 is Incorrect: To organise reform;
agriculture and animal husbandry on modern o 51A(i) to safeguard public property and to
and scientific lines is one of the directive abjure violence;
principle provided under article 48 of Indian Extra Edge by PW OnlyIAS
Constitution
Fundamental duties was recommended by Sardar Swarn
Singh committee
Q.10) Ans: C List of Fundamental Duties
Exp: According to Article 51 A, it shall be the duty of every
● Statement 1 is correct: Wildlife protection is citizen of India:
the practice of protecting plant and animal (a) to abide by the Constitution and respect its ideals and
species and their habitats .Article 51A (g) deals institutions, the National Flag and the National
with protection of wildlife . Anthem;
o Article 51A (g) - to protect and improve the (b) to cherish and follow the noble ideals that inspired the
natural environment including forests, national struggle for freedom;
lakes, rivers and wildlife and to have (c) to uphold and protect the sovereignty, unity and
compassion for living creatures integrity of India;
● Statement 2 is also correct: Wildlife (d) to defend the country and render national service
protection is very important because wildlife when called upon to do so;
and wilderness play an important role in (e) to promote harmony and the spirit of common
maintaining the ecological balance and brotherhood amongst all the people of India
contribute to human quality of life. Article 48 transcending religious, linguistic and regional or
deals with this subject . sectional diversities and to renounce practices
o Article 48 -- To prohibit the slaughter of derogatory to the dignity of women;
cows, calves and other milch and draught (f) to value and preserve the rich heritage of the country’s
cattle and to improve their breeds composite culture;
● Statement 3 is correct: the 42nd Amendment (g) to protect and improve the natural environment
Act was perhaps one of the most controversial. including forests, lakes, rivers and wildlife and to have
Effected in 1976 during the Emergency by then compassion for living creatures;
Prime Minister Indira Gandhi, the amendment (h) to develop scientific temper, humanism and the
restructured the Seventh Schedule ensuring spirit of inquiry and reform;
that State List subjects like education, forest, (i) to safeguard public property and to abjure
protection of wild animals and birds, violence;
administration of justice, and weights and (j) to strive towards excellence in all spheres of
measurements were transferred to the individual and collective activity so that the
Concurrent List. nation constantly rises to higher levels of
endeavor and achievement; and
Q.11) Ans: D (k) to provide opportunities for education to his
Exp: child or ward between the age of six and
● Fundamental Duties were taken from the fourteen years. This duty was added by the 86th
Constitution of the former Soviet Union Constitutional Amendment Act, 2002.
 93

years was inserted by the 86th constitutional

amendment Act.
Extra Edge by PW Only IAS

86th Amendment Act, 2002 enshrined the right to

Q.12) Ans: D education as a fundamental right in part-III of the
Exp: constitution. It came up with the below features:
● Statement 1 and 3 are correct: The 42nd Change in Fundamental Rights
Amendment Act, 1976 added a Chapter IV-A • A new article 21A was inserted below the Article
which consisted of only one Article 51-A 21 which made Right to Education a
which dealt with a Code of Ten Fundamental Fundamental Right for children in the range of
Duties for citizens. Later 11th fundamental 6-14 years. This article reads:
duty was added by the 86th amendment act. o “The State shall provide free and
Following two are part of fundamental duties. compulsory education to all children of the
o 51A(c) to uphold and protect the age of six to fourteen years in such manner
sovereignty, unity and integrity of India; as the State may, by law, determine”
o 51A(f) to value and preserve the rich Change in DPSP
heritage of the country’s composite • Article 45 which originally stated:
culture; o “The State shall endeavor to provide, within
● Statement 2 is incorrect: Casting vote is not a period of ten years from the
part of fundamental duties but it is a commencement of this Constitution, for
constitutional right in India. free and compulsory education for all
o As per the Election Commission of India, children until they complete the age of
citizens are eligible to become voters fourteen years.”
under the following conditions: o Was substituted as
1. Every citizen who is 18 years old on § “The State shall endeavor to provide
the qualifying date (January 1 of the early childhood care and education for
year in case) , unless disqualified, is all children until they complete the
eligible to be enrolled. § age of six years.”
2. Enrollment only at ordinary places of
residence.
Q.14) Ans: B
3. Enrollment only at one place.
Exp:
4. Overseas Indians deemed to be
● Idea behind fundamental duties is that
ordinarily resident at the address
o The citizens should become conscious
given in the passport.
that in addition to the enjoyment of rights,
5. Service voters deemed to be
they also have certain duties to perform as
ordinarily resident at their home
well
address.
o To curb subversive and unconstitutional
activities by sensitizing citizens about their
Q.13) Ans: B
responsibilities towards the nation.
Exp:
● According to Indira Gandhi, “the moral value
● Statement 1 is incorrect and statement 2 is
of fundamental duties would not be to
correct : The 11th fundamental duty - Duty to
smother rights but to establish a democratic
provide opportunities for education to his child
balance by making people conscious of their
or ward between the age of six and fourteen
 94

duties equally as they are conscious of their Fundamental Duties are confined to citizens
rights”. only and do not extend to foreigners.
● Democracy cannot establish deep roots in
society until the citizens don’t complement
fundamental rights with their fundamental
duties. For a polity to survive, citizens should
have a high sense of duty.
Hence, the option B is correct, Curbing subversive
and unconstitutional activities.
●

Q.15) Ans: A
Exp:
● Statement 1 is correct: Verma Committee on
Fundamental Duties of the Citizens (1999)
identified the existence of legal provisions for Q.17) Ans: A
the implementation of some of the Exp:
Fundamental Duties. Like ● In 1976, the Sardar Swaran Singh Committee
o The Prevention of Insults to National was set up to make recommendations about
Honor Act (1971) prevents disrespect to fundamental duties, the need and necessity of
the Constitution of India, the National Flag which was felt during the operation of the
and the National Anthem. internal emergency (1975–1977). The
o The Protection of Civil Rights Act (1955) committee recommended the inclusion of a
provides for punishments for offenses separate chapter on fundamental duties in the
related to caste and religion. Constitution. As a result article 51A under part
● Statement 2 is incorrect: Swarn singh IVA of the Indian constitution was inserted in
committee recommended that Duty to pay the Indian constitution by the 42nd
taxes should also be a Fundamental Duty of constitutional amendment act .
the citizens. But it was not accepted by the ● Swaran Singh Committee suggested the
government of India. incorporation of eight Fundamental Duties in
the Constitution, the 42nd Constitutional
Amendment Act (1976) included ten
Q.16) Ans: B
Fundamental Duties.
Exp:
● certain recommendations of the Committee
● Statement 1 is correct:
were not accepted by the Congress Party and
o Enemy aliens are the subjects of that
hence, not incorporated in the Constitution.
country that is at war with India While,
These include:
friendly aliens are subjects of those
o The Parliament may provide for the
countries that have cordial relations with
imposition of such penalty or punishment
India. Thus Rohingyas are not enemy
as may be considered appropriate for any
aliens.
non-compliance with or refusal to
● Statement 2 is incorrect: Unlike some of the
observe any of the duties.
Fundamental Rights which extend to all
o No law imposing such penalty or
persons whether citizens or foreigners, the
punishment shall be called in question in
any court on the ground of infringement
 95

of any of Fundamental Rights or on the

the constitution and has put constitutional
ground of repugnancy to any other
obligation upon states to enact the
provision of the Constitution.
Panchayati Raj Acts as per provisions of
o Duty to pay taxes should also be a
the Part IX. However, states have been
Fundamental Duty of the citizens.
given enough freedom to take their
geographical, politico-administrative and
Q.18) Ans: D
other conditions into account while
Exp:
adopting the Panchayati Raj System.
● To safeguard public property and to abjure
violence is part of fundamental duties under
article 51A . Q.19) Ans: B
● Article 44 deals with uniform civil code that is Exp:
part of DPSPs. ● Statement 1 is correct : In the Preamble -
o Article 44 fraternity word is mentioned
§ Uniform civil code for the citizens– Preamble -
The State shall endeavor to secure for We, THE PEOPLE OF INDIA, having solemnly
the citizens a uniform civil code resolved to constitute India into a SOVEREIGN
throughout the territory of India SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
● In Kesavananda Bharati case 1973, the secure to all its citizens:
Supreme Court reviewed the decision in
JUSTICE, Social, Economic and Political;
Golaknath v. State of Punjab, and considered
the validity of the 24th, 25th, 26th and 29th LIBERTY of thought, expression, belief, faith and
amendments. The case was heard by the worship;
largest ever Constitution Bench of 13 Judges.
EQUALITY of status and of opportunity; and to
Extra Edge by PW Only IAS promote among them all;

Article 40 and 73rd constitutional FRATERNITY assuring the dignity of the individual
amendment act and the unity and integrity of the Nation;

● The 73rd Amendment 1992 added a new IN OUR CONSTITUENT ASSEMBLY this twenty-sixth
Part IX to the constitution titled “The day of November, 1949, do HEREBY
Panchayats” covering provisions from ADOPT, ENACT AND GIVE TO OURSELVES THIS
Article 243 to 243(O); and a new Eleventh CONSTITUTION”
Schedule covering 29 subjects within the
● Statement 2 is correct: Right to equality (
functions of the Panchayats.
article 14-18 ) promotes and ensures fraternity
Significance of the amendment
in the society.
● This amendment implements the article ● Statement 3 is correct: article 51A ( e) gives the
40 of the DPSP which says that “State shall effect of fraternity
take steps to organize village panchayats Article 51A(e)- to promote harmony and the
and endow them with such powers and spirit of common brotherhood amongst all the
authority as may be necessary to enable people of India transcending religious,
them to function as units of self- linguistic and regional or sectional diversities
government” and have upgraded them and to renounce practices derogatory to the
from non-justifiable to justifiable part of dignity of women.
 96

Q.20) Ans: D o The Right to Education Act, 2009 provides

Exp: for the Right of children to free and
● Statement 1 is correct: Fundamental Duties compulsory education till completion of
serve as a source of inspiration for the citizens elementary education in a neighbourhood
and promote a sense of discipline and school.
commitment among them. They create a
feeling that the citizens are not mere
spectators but active participants in the
realisation of national goals. They serve as a
reminder to the citizens that while enjoying
their rights, they should also be conscious of
duties they owe to their country, their society
o The Representation of People Act (1951)
and to their fellow citizens.
provides for the disqualification of
● They serve as a warning against the anti-
members of the Parliament or a state
national and antisocial activities like burning
legislature for indulging in corrupt
the national flag, destroying public property
practice, that is, soliciting votes on the
and so on.
ground of religion or promoting enmity
● Statement 2 is correct: Fundamental Duties
between different sections of people on
help the courts in examining and determining
grounds of caste, race, language, religion
the constitutional validity of a law. In 1992,
and so on.
the Supreme Court ruled that in determining
the constitutionality of any law, if a court finds
that the law in question seeks to give effect to Students Note
a fundamental duty, it may consider such law
to be ‘reasonable’ in relation to Article 14
(equality before law) or Article 19 (six
freedoms) and thus save such law from
unconstitutionality.

Q.21) Ans: A
Exp:
● The Verma Committee on Fundamental
Duties of the Citizens (1999) identified the
existence of legal provisions for the
implementation of some of the Fundamental
Duties. They are mentioned below:
o The Prevention of Insults to National
Honour Act (1971) prevents disrespect to
the Constitution of India, the National Flag
and the National Anthem.
o The various criminal laws in force provide
for punishments for encouraging enmity
between different sections of people on
grounds of language, race, place of birth,
religion and so on.
 97

Federal System, Parliamentary System

Q.1) Ans: C ● Statement A is correct India has a republican

Exp: system in place of British monarchical system.
● Statement 1 is incorrect: Separation of power The Head of the State in India (that is,
is a feature of the presidential system. India President) is elected, while the Head of the
follows a system of checks and balances. State in Britain (that is, King or Queen) enjoys
Other statements are correct: a hereditary position.
● Statement B is correct. The British system is
The features of Parliamentary government are
based on the doctrine of the sovereignty of
o Nominal and Real Executive Parliament, while the Parliament is not
o Collective Responsibility supreme in India and enjoys limited and
o Political Homogeneity restricted powers due to a written
o Double Membership Constitution, federal system, judicial review
o Fusion of power and fundamental rights
o Majority Party Rule ● Statement C is correct: Britain has the system
o Leadership of PM of legal responsibility of the minister while
o Dissolution of Lower House India has no such system. Unlike in Britain, the
ministers in India are not required to
countersign the official acts of the Head of the
Q.2) Ans: D
State
Exp:
● Statement D is incorrect: ‘Shadow cabinet’ is a
● Statements 1 is incorrect: The parliamentary
unique institution of the British cabinet
system is based on the principle of
system. There is no such institution in India.
cooperation and coordination between the
legislative and executive organs while the
presidential system is based on the doctrine of Q.4) Ans: D
separation of powers between the two organs. Exp:
● Statements 2 is incorrect Even though the All the above features do not reflect the federal
Indian Parliamentary System is largely based spirit of the constitution.
on the British pattern, there are some
fundamental differences between the two. For ● Statement 1 is correct: The states do not have
example, the Indian Parliament is not a the power to tax the centre property in their
sovereign body like the British Parliament. jurisdiction. Emergency provisions are against
the federal spirit.
● Statement 3 is incorrect: Further, the Indian
State has an elected head (republic) while the ● Statement 2 is correct: Maladministration is
British State has hereditary head (monarchy) used as a criterion to enforce president rule,
which is against the federal spirit.
● Statement 3 is correct: The president
Q.3) Ans: D represents the union and state administration.
Exp: In the appointment process, the state
The parliamentary system in India is largely based legislative assemblies participate in the
on the British parliamentary system. However, it electoral college but in the removal, they are
never became a replica of the British system and not part of it. This is also not in the true spirit
differs in several aspects. of federalism.
 98

● Statement 4 is correct: Governors do not have government can be formed without fresh
any role in the appointment and removal of elections.
high court judges. He is the head of the federal ● Option 6 is correct: In a parliamentary system,
unit i. e state, and not giving him any power in the executive consists of a group of individuals
the appointment and removal of the high court which are ministers who are representatives of
is against the federal spirit. the people. Hence there is a representation to
all sections and regions in the government.
The prime minister while selecting his
Q.5) Ans: C
ministers can take this factor into
Exp:
consideration
● Option 1 is correct: The greatest advantage of
the parliamentary system is that it ensures
Q.6) Ans: B
harmonious relationships and cooperation
Exp:
between the legislative and executive organs
of the government. The executive is a part of ● Statement 1 is correct: Governments can be
the legislative process and both are classified into unitary and federal on the basis
interdependent. As a result, there is less scope of the nature of relations between the
for disputes and conflicts between the two national or union government and the
organs regional or state governments. By definition, a
● Option 2 is incorrect: The parliamentary unitary government is one in which all the
system does not provide a stable government. powers are concentrated in the national
There is no guarantee that a government can government and if regional governments exist
survive till its tenure. The ministers depend it derives their authority from the national
on the mercy of the majority legislators for government. On another hand federal
their continuity and survival in office. A no- government is one in which powers are
confidence motion or political defection can divided between the national government
make the government unstable. and the regional governments by the
● Option 3 is incorrect: The parliamentary Constitution itself.
system is not conducive to administrative ● Statement 2 is incorrect: A federation can be
efficiency as the ministers are not experts in formed in two ways one by integration and
their fields. The Prime Minister has a limited another by disintegration. In the first case,
choice in the selection of ministers, his choice weak independent states come together to
is restricted to the members of Parliament form a big and a strong union, as for example,
alone and does not extend to external talent. the US. In the second case, a big unitary state
● Option 4 is incorrect: in the parliamentary is converted into a federation by granting
system it is difficult to formulate and autonomy to the provinces to promote
implement long-term policies. This is due to regional interest for example, Canada
the uncertainty in the tenure of the ● Statement 3 is correct: The prominent
government. A change in the ruling party may countries which have a federal form of
be followed by changes in the policies of the government are the USA, Switzerland,
government. Australia, Canada, Russia,
● Option 5 is correct: If the ruling party loses its Brazil,Argentina,India etc.
majority, the Head of the State(president) can
invite the opposition party to form the
government. This means an alternative
 99

Q.7) Ans: B Q.9) Ans: A

Exp: Exp:
● Statement 1 is correct: The term ‘federation’ is ● Statement 1 is correct: The Constitution seeks
not mentioned in the Constitution. Instead, to limit and regulate the exercise of political
Article 1 of the Constitution describes India as power. Constitutional government by
a ‘Union of States’. definition is a limited government. It means
● Statement 2 is incorrect: The Indian federal government conducted according to rules and
system is based on the Canadian model and principles which are binding on all political
not on the American model. Canadian model is actors.
different from the American model as it has a ● Statement 2 is correct: The Cabinet form of the
very strong centre which is also one of the government system establishes a responsible
features of Indian Constitution. government. The ministers are responsible to
● Statement 3 is incorrect: In India the states are the Parliament for all their acts of omission and
destructible. Unlike in other federations, the commission. The Parliament exercises control
states in India have no right to territorial over the ministers through various devices like
integrity. The Parliament can by unilateral question hour, discussions, adjournment
action change the area, boundaries or name of motion, no confidence motion, etc.
any state. ● Statement 3 is incorrect: Shadow cabinet is a
unique institution of the British cabinet
Q.8) Ans: B system. It is formed by the opposition party to
Exp: balance the ruling cabinet and to prepare its
Right to Silence in Court: members for future ministerial office. There is
● The right to not speak against himself or to no such institution in India.
remain silent is given to an accused, this right
is recognized around the globe. In India, it
Extra Edge by PW OnlyIAS:
forms a part of Right to self-incrimination
under Article 20(3) of the Indian Constitution. The parliamentary government is also known
It is considered the duty of the prosecution to as cabinet government or responsible
prove a person guilty until proven otherwise he government or Westminster model of
remains an innocent man. In India, criminal law government and is prevalent in Britain, Japan,
has vested the citizens with this right under Canada, India among others.
various provisions.
● Article 20(3) of the Indian Constitution states
Q.10) Ans: C
that no one can be compelled to be a witness
Exp:
against himself, the right to remain silent
● Statement 1 is correct: In the parliamentary
emanates from this very Article. The provision
system of government ministers are members
enables the citizens to enjoy the right against
of both executive and legislature. It means for
self-incrimination which is a fundamental
being minister a person has to be a member of
canon of law. The privileges under this right
parliament. The Constitution also mentioned
are:
that a minister who is not a member of
o The accused is presumed to be innocent;
parliament for a period of six consecutive
o The prosecution has to prove him guilty;
months ceases to be minister.
o He cannot be compelled to give any
● Statement 2 is incorrect: In the presidential
witness.
system the Head of state is also the head of the
 100

government. However, in the parliamentary ● Statement 2 is incorrect: Fusion of the power

system head of state and head of government is one of the features of a Parliamentary form
are two different personalities. The Head of of Government as in a parliamentary system
Government in India is the Prime Minister who executive and legislature are together and
is the de facto head, while the head of state is inseparable. separation of power is the feature
the President who is also called de jure head. of the Presidential form of government.
● Statement 3 is incorrect: Complete separation ● Statement 3 is incorrect: Dissolution of the
of power is found in the presidential system. In lower house is one of the features of a
the parliamentary system the separation of Parliamentary form of Government.As the
power is not rigid. For Instance, Ministers are lower house i.e. Lok Sabha can be dissolved by
part of the Executive as well as legislature. the president on recommendation of the
prime minister.

Q.11) Ans: A
Q.13) Ans: C
Exp:
Exp:
● Statement 1 is incorrect: India has a republican
● Option 1 is Correct: Dictatorship of the cabinet
system while Britain has a monarchical system.
is one of the demerits of the parliamentary
In other words, the Head of the State in India,
form of government as when the ruling party
that is The President, is elected, while the Head
enjoys the absolute majority in the parliament
of the State in Britain, that is King or Queen,
cabinet can become Autocratic and exercise
enjoys a hereditary position.
nearly unlimited power.
● Statement 2 is incorrect: British system is
● Option 2 is Correct: Government by the
based on the doctrine of the sovereignty of
amateur is one of the demerits of the
Parliament, while the Parliament is not
parliamentary form of government as the
supreme in India and enjoys limited and
Ministers are not expert in their fields.
restricted powers due to a written
● Option 3 is incorrect: Parliamentary form of
Constitution, federal system, judicial review
Government is based on fusion of power which
and fundamental rights
goes against the separation of power.
● Statement 3 is correct: Britain has the system
● Option 4 is Correct: One of the demerits of
of legal responsibility of the minister while
Parliamentary form of Government is that it
India has no such system. Unlike in Britain, the
does not provide a guarantee of a stable
ministers in India are not required to
government as there is no guarantee
countersign the official acts of the Head of the
that government can survive its tenure. A no
State.
confidence motion or political defection can
make the government unstable.
Q.12) Ans: D
Exp:
Q.14) Ans: B
● Statement 1 is incorrect: The Kitchen cabinet
Exp:
is one of the features of American
● Option 1 is Correct: Presence of all India
presidential form of government.It is only an
services is one of the unitary features of the
advisory body and consists of non-elected
Indian Constitution.Officers of all india services
departmental secretaries.They are selected,
serve their respected state cadre but they are
appointed and removed by the president and
recruited and trained by the centre which also
also responsible to the president only.
possesses the ultimate control over them.
 101

Hence this services violate the principle of ● Option C is correct: Article 74 provides for a
federalism. Council of Ministers headed by the Prime
● Option 2 is Correct: In India Election Minister to aid and advise the President in the
Commission conducts the election not only of exercise of his functions. The 42nd and 44th
the Central legislature but also the state Constitutional Amendments have made
legislature.But this body is constituted by the ministerial advice binding on the President.
president and state has no control over ● Option D is incorrect: In case the ruling party
it.Hence it is one of the unitary feature of loses its majority in the lower house, the leader
Indian constitution of opposition does not automatically become
● Option 3 is Correct: In India the process of the Prime Minister. He/she has to prove
constitutional amendment is less rigid than the his/her majority in the lower house.
other Federation as the bulk of the
Constitution can be amended by the unilateral
action of a parliament either by the simple Q.17) Ans: D
majority or by the special majority. Exp:
● Statement 1 is incorrect: The Democratic
Further state legislature have no power to
initiate the Constitutional Amendment polity in India is based on the Doctrine of
● Option 4 is incorrect: Supremacy of the popular sovereignty, i.e. the possession of the
constitution is a federal feature of a supreme power by the people. However, India
constitution not a unitary feature. is not a direct democracy but an indirect
(representative) democracy where people
elect their representatives to exercise the
Q.15) Ans: C supreme power and thus carry on the
Exp: government and make the laws.
● Statement 1 is incorrect: Indian federation is ● Statement 2 is incorrect: Referendum is a
an indestructible Union of destructible states. procedure whereby a proposed legislation is
As the states in India have no right to territorial referred to the electorate for settlement by
integrity. The Parliament can by unilateral their direct votes. There is no provision in the
action change the area, boundaries or name of Constitution for holding a referendum.
any state which only requires a simple Elections are held every five years, where
majority. everybody exercises their voting right.
● Statement 2 is incorrect: American Federation ● Statement 3 is correct: The term ‘democratic’
is an indestructible Union of indestructible is used in the Preamble in the broader sense
states. embracing not only political democracy but
also social and economic democracy.
Q.16) Ans: C
Exp: Q.18) Ans: D
● Option A is incorrect: The lower house of the Exp:
Parliament can be dissolved by the President ● Statement 1 is incorrect: Parliamentary
on the recommendations of the Prime Approval and Duration for State emergency-
Minister. A proclamation imposing President’s Rule
● Option B is incorrect: The President is the head must be approved by both the Houses of
of the State, while the Prime Minister is the Parliament within two months from the date of
head of the government. its issue.
 102

● Statement 2 is incorrect: The approval takes governments, if at all exist, derive their
place through simple majority in either House, authority from the national government. A
that is, a majority of the members of the House federal government, on the other hand, is one
present and voting. in which powers are divided between the
● Statement 3 is incorrect: Initially valid for six national government and the regional
months, the President’s Rule can be extended governments by the Constitution itself and
for a maximum period of three years with the both operate in their respective jurisdictions
approval of the Parliament, every six months. independently.
NEWS: The Supreme Court has dismissed a PIL • Statement 2 is correct: Britain, France, Japan,
that sought imposition of President’s rule in China, Italy, Belgium, Norway, Sweden, Spain
Uttar Pradesh for alleged breakdown of and so on have the unitary model of
constitutional machinery and rising crime in government while the US, Switzerland,
the state. Australia, Canada, Russia, Brazil, Argentina and
so on have the federal model of government.
Q.19) Ans: D
In a federal model, the national government is
Exp:
known as the Federal government or the
• Statement of 1 is correct: The Constitution of
Central government or the Union government
India provides for a parliamentary form of
and the regional government is known as the
government, both at the Center and in the
state government or the provincial
states. Articles 74 and 75 deal with the
government.
parliamentary system at the Center and
Articles 163 and 164 in the states.
Q.21) Ans: D
• Statement 2 is correct: Modern democratic
Exp:
governments are classified into parliamentary
• Statement 1 is incorrect: Written constitution
and presidential on the basis of the nature of
is not a mandatory feature of the unitary
relations between the executive and the
system of government. The Constitution may
legislative organs of the government. The
be written or unwritten.
parliamentary system of government is the
o For Example- 1) Written - France, 2)
one in which the executive is responsible to the
Unwritten - Britain
legislature for its policies and acts. The
• Statement 2 is correct: A Unitary government
presidential system of government, on the
is one in which all the powers are vested in the
other hand, is one in which the executive is not
national government and the regional
responsible to the legislature for its policies
governments, if at all exist, derive their
and acts, and is constitutionally independent
authority from the national government. A
of the legislature in respect of its term of office.
federal government, on the other hand, is one
in which powers are divided between the
Q.20) Ans: C
national government and the regional
Exp:
governments by the Constitution itself and
• Statement 1 is correct: Political scientists have
both operate in their respective jurisdictions
classified governments into unitary and
independently.
federal on the basis of the nature of relations
• Statement 3 is incorrect: Supremacy of the
between the national government and the
constitution is a mandatory feature of the
regional governments. A Unitary government
federal system of government not for the
is one in which all the powers are vested in the
unitary system of government. Unitary system
national government and the regional
 103

of government and Constitution may be rigid • The Constitution of India provides for a federal
or flexible. system of government in the country. The
o For Example- 1) Rigid - Japan, 2) Flexible - framers adopted the federal system due to two
Britain main reasons:
o The large size of the country
Q.22) Ans: B o Its socio-cultural diversity.
Exp: • They realized that the federal system not only
Features of federal system of government: ensures the efficient governance of the
o Dual Government (that is, national country but also reconciles national unity with
government and regional government) regional autonomy.
o Written Constitution
o Division of powers between the national Q.24) Ans: A
and regional government. Exp:
o Supremacy of the constitution • Ivor Jennings: Ivor Jennings called the
o Rigid constitution parliamentary system a ‘cabinet system’
o Independent Judiciary system. because the cabinet is the nucleus of power in
o Bicameral litigation. a parliamentary system. The parliamentary
Flexibility of the constitution is not the feature of government is also known as ‘responsible
the federal system of government, it is a feature of government’. It is described as ‘Westminster
the unitary system of the government. model of government’ after the location of the
British Parliament, where the parliamentary
Q.23) Ans: B system originated.
Exp: • H J Laski: He described the dictatorship of the
• The term ‘federation’ is derived from a Latin cabinet system. He says that, "the
word foedus which means ‘treaty’ or parliamentary system gives the executive an
‘agreement’. Thus, a federation is a new state opportunity for tyranny". This phenomenon
(political system) which is formed through a was witnessed during the era of Indira Gandhi
treaty or an agreement between the various and Rajiv Gandhi.
units. • Bagehot: In the legislature and the executive
• A federation can be formed in two ways, that are together and inseparable. The cabinet acts
is, by way of integration or by way of as the leader of the legislature as well as the
disintegration. In the first case, a big unitary executive. As Bagehot points out, ‘the cabinet
state is converted into a federation by granting is a hyphen that joins the buckle that binds the
autonomy to the provinces to promote executive and legislative departments
regional interest (for example, Canada). In the together.’ Hence, the whole system of
second case, a number of militarily weak or government goes against the letter and spirit
economically backward states (independent) of the theory of separation of powers. In fact,
come together to form a big and a strong there is a fusion of powers.
union, as for example, the US.
• The US is the first and the oldest federation in Q.25) Ans: D
the world. It was formed in 1787 following the Exp:
American Revolution (1775–83). It comprises Features of the Parliamentary system
50 states (originally 13 states) and is taken as
the model of federation. • Nominal and Real Executives: The President is
the nominal executive (de jure executive or
 104

titular executive) while the Prime Minister is • This is the bedrock principle of parliamentary
the real executive (de facto executive). Thus, government. The principle of collective
the President is head of the State, while the responsibility implies that the Lok Sabha can
Prime Minister is head of the government. remove the ministry (i.e., council of ministers
Article 74 provides for a council of ministers headed by the prime minister) from office by
headed by the Prime Minister to aid and advise passing a vote of no confidence.
the President in the exercise of his functions.
The advice so tendered is binding on the Q.27) Ans: D
President. Exp:
• Majority Party Rule: The political party which Statements 1, 2 and 3 are the merits of the
secures majority seats in the Lok Sabha forms parliamentary system of the government, but
the government. The leader of that party is statement 4 is a demerit.
appointed as the Prime Minister by the • Statement 1 is correct: The greatest advantage
President; other ministers are appointed by of the parliamentary system is that it ensures
the President on the advice of the prime harmonious relationship and cooperation
minister. However, when no single party gets between the legislative and executive organs
the majority, a coalition of parties may be of the government. The executive is a part of
invited by the President to form the the legislature and both are interdependent at
government. work. As a result, there is less scope for
• Leadership of the Prime Minister: The Prime disputes and conflicts between the two organs.
Minister plays the leadership role in this • Statement 2 is correct: Under this system, the
system of government. He is the leader of the executive authority is vested in a group of
council of ministers, leader of the Parliament individuals (council of ministers) and not in a
and leader of the party in power. In these single person. This dispersal of authority
capacities, he plays a significant and highly checks the dictatorial tendencies of the
crucial role in the functioning of the executive. Moreover, the executive is
government. responsible to the Parliament and can be
• Dissolution of the Lower House: The lower removed by a no-confidence motion.
house of the Parliament (Lok Sabha) can be • Statement 3 is correct: In a parliamentary
dissolved by the President on system, the executive consists of a group of
recommendation of the Prime Minister. In individuals (i.e., ministers who are
other words, the prime minister can advise the representatives of the people). Hence, it is
President to dissolve the Lok Sabha before the possible to provide representation to all
expiry of its term and hold fresh elections. This sections and regions in the government.
means that the executive enjoys the right to • Statement 4 is Incorrect: The parliamentary
get the legislature dissolved in a parliamentary system is not conducive for the formulation
system. and implementation of long-term policies. This
is due to the uncertainty of the tenure of the
Q.26) Ans: C government. A change in the ruling party is
Exp: usually followed by changes in the policies of
• The ministers are collectively responsible to the government.
the Parliament in general and to the Lok Sabha
in particular (Article 75). They act as a team, Q.28) Ans: A
and swim and sink together. Exp:
 105

• Parliamentary system establishes a

• It involves an element of censure against
responsible government. The ministers are
the government.
responsible to the Parliament for all their acts
• Rajya Sabha is not permitted to make use
of omission and commission.
of this device.
• The ministers are collectively responsible to
No Confidence Motion
the Parliament in general and to the Lok
Sabha in particular (Article 75). They act as a • Council of ministers shall be collectively
team, and swim and sink together. responsible to the Lok Sabha. It means
• The principle of collective responsibility that the ministry stays in office so long as
implies that the Lok Sabha can remove the it enjoys the confidence of the majority of
ministry (i.e., council of ministers headed by the members of the Lok Sabha.
the prime minister) from office by passing a • In other words, the Lok Sabha can
vote of no confidence. remove the ministry from office by
• The Parliament exercises control over the passing a no-confidence motion.
ministers through various devices like- • The motion needs the support of 50
o Question Hour members to be admitted.
o Discussions • It need not state the reasons for its
o Adjournment Motion adoption in the Lok Sabha.
o No Confidence Motion etc. • It can be moved against the entire council
• Guillotine: It is a kind of Closure motion, of ministers only.
which is in favoure of ministers against
parliament.
Q.29) Ans: A
• It is used when the undiscussed clauses of a bill Exp:
or a resolution are also put to vote along with Swarna Singh committee, 1975
the discussed ones due to want of time (as the
• The parliamentary system should be continued
time allotted for the discussion is over).
or should be replaced by the presidential
Extra edge by PW Only IAS system has been a point of discussion and
debate in our country since the 1970s.
Question Hour
• This matter was considered in detail by the
• The first hour of every parliamentary Swaran Singh Committee appointed by the
sitting is slotted for this. Congress government in 1975.
• During this time, the members ask • The committee opined that the parliamentary
questions and the ministers usually give system has been doing well and hence, there is
answers. no need to replace it by the presidential
• The questions are of three kinds- 1) system.
Starred 2) Unstarred 3) Short notice.
Adjournment Motion

• It is introduced in the Parliament to draw

attention of the House to a definite
matter of urgent public importance.
• It needs the support of 50 members to be
admitted.
 106

Constitution, federal system, judicial review

and fundamental rights,
Committ Year Subject • In Britain, the prime minister should be a
S. No. ee/Com member of the Lower House (House of
mission Commons) of the Parliament. In India, the
prime minister may be a member of any of the
1. Rajmann 1969 The Committee two Houses of Parliament.
ar identified the • Usually, the members of Parliament alone are
committ reasons for the appointed as ministers in Britain. In India, a
ee prevailing unitary person who is not a member of Parliament can
trends (tendencies of also be appointed as minister, but for a
centralisation) in the maximum period of six months.
country. • Britain has the system of legal responsibility of
the minister while India has no such system.
2. LM 1986 Revitalisation of
Unlike in Britain, the ministers in India are not
Singhvi Panchayati Raj
required to countersign the official acts of the
committ Institutions for
Head of the State.
ee Democracy and
• ‘Shadow cabinet’ is a unique institution of the
Development.
British cabinet system. It is formed by the
3. Shah 1975 Investigate the opposition party to balance the ruling cabinet
Commissi circumstances that and to prepare its members for future
on warranted the ministerial office. There is no such institution in
declaration of an India.
Emergency in 1975.
Q.31) Ans: A
Exp:
'Shadow Cabinet'
Q.30) Ans: C • The British political system has an unique
Exp: institution called the ‘Shadow Cabinet’.
Both the statements are correct: The
• It is formed by the Opposition party to balance
parliamentary system of government in India is
the ruling cabinet and to prepare its members
largely based on the British parliamentary system.
for future ministerial offices.
However, it never became a replica of the British
• In this shadow cabinet, almost every member
system and differs in the following respects:
in the ruling cabinet is ‘shadowed’ by a
• India has a republican system in place of the corresponding member in the opposition
British monarchical system. In other words, cabinet.
the Head of the State in India (that is, • This shadow cabinet serves as the ‘alternate
President) is elected, while the Head of the cabinet’ if there is change of government.
State in Britain (that is, King or Queen) enjoys • That is why Ivor Jennings described the leader
a hereditary position. of the Opposition as the ‘alternative Prime
• The British system is based on the doctrine of Minister’.
the sovereignty of Parliament, while the • He enjoys the status of a minister and is paid
Parliament is not supreme in India and enjoys by the government.
limited and restricted powers due to a written
 107

House (Rajya Sabha) and a Lower House (Lok

Sabha). The Rajya Sabha represents the states
Q.32) Ans: B
of Indian Federation, while the Lok Sabha
Exp:
represents the people of India as a whole. The
• The Indian federal system is based on the
Rajya Sabha (even though a less powerful
‘Canadian model’. The ‘Canadian model’
chamber) is required to maintain the federal
differs fundamentally from the ‘American
equilibrium by protecting the interests of the
model’ in so far as it establishes a very strong
states against the undue interference of the
center.
Center.
• The Indian federation resembles the Canadian
• Other features of the Federal system of the
federation:
government: written constitution, Supremacy
o In its formation (i.e., by way of
of the constitution, division of powers, rigid
disintegration).
constitution.
o In its preference to the term ‘Union’ (the
• Strong center and all India services are not the
Canadian federation is also called a
feature of the federal system of government.
‘Union’).
o In its centralizing tendency (i.e., vesting
Q.34) Ans: C
more powers in the center vis-a-vis the
Exp:
states).
Unitary feature of the constitution
• No Equality of State Representation: The
Q.33) Ans: B
states are given representation in the Rajya
Exp:
Sabha on the basis of population. Hence, the
The federal features of the Constitution of India
membership varies from 1 to 31. In the US, on
• Dual Polity: The Constitution establishes a dual
the other hand, the principle of equality of
polity consisting the Union at the Center and
representation of states in the Upper House is
the states at the periphery. Each is endowed
fully recognised. Thus, the American Senate
with sovereign powers to be exercised in the
has 100 members, two from each state. This
field assigned to them respectively by the
principle is regarded as a safeguard for smaller
Constitution. The Union government deals
states.
with matters of national importance like
• Emergency Provisions: The Constitution
defense, foreign affairs, currency,
stipulates three types of emergencies—
communication and so on. The state
national, state and financial. During an
governments, on the other hand, look after the
emergency, the Central government becomes
matters of regional and local importance like
all powerful and the states go into the total
public order, agriculture, health, local
control of the Center. It converts the federal
government and so on.
structure into a unitary one without a formal
• Independent Judiciary: The Constitution
amendment of the Constitution. This kind of
establishes an independent judiciary headed
transformation is not found in any other
by the Supreme Court for two purposes: one,
federation.
to protect the supremacy of the Constitution
• Strong Center: The division of powers is in
by exercising the power of judicial review; and
favor of the Center and highly inequitable from
two, to settle the disputes between the Center
the federal angle. Firstly, the Union List
and the states or between the states.
contains more subjects than the State List.
• Bicameralism: The Constitution provides for a
Secondly, the more important subjects have
bicameral legislature consisting of an Upper
been included in the Union List. Thirdly, the
 108

Center has overriding authority over the o The dominance of the Centre in the
Concurrent List. Finally, the residuary powers financial sphere and the dependence of
have also been left with the Centre, while in the states upon the Central grants.
the In The US, they are vested in the states. o The emergence of a powerful planning
Thus, the Constitution has made the Center commission (now NITI Aayog) which
very strong. controls the developmental process in the
• Supremacy of the Constitution is not a feature states.
of the unitary system of government. • He observed: “India has practically functioned
as a unitary state though the Union and the
Extra edge by PW Only IAS
states have tried to function formally and
Another important features of unitary system of legally as a federation."
government:
Q.36) Ans: C
• States Not Indestructible
Exp:
• Single constitution
● Statement 1 is incorrect: The doctrine of
• Flexibility of the constitution
‘sovereignty of Parliament’ is associated with
• No equality of state representation provision
the British Parliament. Sovereignty means the
• Single Citizenship
supreme power within the State. That
• Emergency Provisions supreme power in Great Britain lies with the
• Integrated Judiciary Parliament. There are no ‘legal’ restrictions on
• All India services its authority and jurisdiction. However, The
• Integrated audit machinery Indian Parliament, on the other hand, cannot
• Parliament authority over state list be regarded as a sovereign body in the similar
• Integrated election machinery sense as there are ‘legal’ restrictions on its
• Appointment of governor authority and jurisdiction. The factors that
• Veto over state bills limit the sovereignty of Indian Parliament
• Strong center are:Written Nature of the Constitution,
Federal System of Government System of
Q.35) Ans: B Judicial Review, Fundamental Rights.
Exp: ● Statement 2 is incorrect:In Britain, every order
of the King for any public act is countersigned
• Statement 1 and 2 is correct: Constitution of
by a minister. If the order is in violation of any
India has incorporated a large number of
law, the minister would be held responsible
unitary or non-federal features, tilting the
and would be liable in the court. The legally
balance of power in favour of the Centre.
accepted phrase in Britain is, “The king can do
• This has prompted the Constitutional experts
no wrong.” Hence, he cannot be sued in any
to challenge the federal character of the Indian
court. In India, on the other hand, there is no
Constitution.
provision in the Constitution for the system of
• Thus, KC Wheare described the Constitution of
legal responsibility of a minister. It is not
India as “quasi-federal”.
required that an order of the President for a
• According to K Santhanam, the two factors
public act should be countersigned by a
have been responsible for increasing the
minister. Moreover, the courts are barred
unitary bias (tendency of centralisation) of the
from enquiring into the nature of advice
Constitution.
rendered by the ministers to the president.
• These are:
 109

● Statement 3 is correct: In Britain, the prime autonomy.Indian federal system is based on

minister should be a member of the Lower the ‘Canadian model’ and not on the ‘American
House (House of Commons) of the Parliament. model’. The ‘Canadian model’ differs
In India, the prime minister may be a member fundamentally from the ‘American model’ in so
of any of the two Houses of Parliament. far as it establishes a very strong center.
• Statement 1 is incorrect: It is the unitary or
Q.37) Ans: D non-federal feature of the Indian
Exp: constitution. Unlike in other federations, the
• Statement 1 is correct: The ministers are states in India have no right to territorial
collectively responsible to the Parliament in integrity. The Parliament can by unilateral
general and to the Lok Sabha in particular action change the area, boundaries or name of
(Article 75). They act as a team, and swim and any state. Moreover, it requires only a simple
sink together. The principle of collective majority and not a special majority. The Indian
responsibility implies that the Lok Sabha can Federation is “an indestructible Union of
remove the ministry (i.e., council of ministers destructible states”. The American
headed by the prime minister) from office by Federation, on the other hand, is described as
passing a vote of no confidence. “an indestructible Union of indestructible
• Statement 2 is correct: In the majority party states”.
rule system, the leader of that party is • Statement 2 is incorrect: It is the unitary or
appointed as the Prime Minister by the non-federal feature of the Indian
President; other ministers are appointed by constitution. Usually, in a federation, the
the President on the advice of the prime states have the right to frame their own
minister. However, when no single party gets Constitution separate from that of the Center.
the majority, a coalition of parties may be In India, on the contrary, no such power is
invited by the President to form the given to the states. The Constitution of India
government. embodies not only the Constitution of the
• Statement 3 is correct: The ministers are Center but also those of the states.
members of both the legislature and the • Statement 3 is correct: It is the federal
executive. This means that a person cannot be feature of the Indian constitution. The
a minister without being a member of the division of powers established by the
Parliament. The Constitution stipulates that a Constitution as well as the supremacy of the
minister who is not a member of the Constitution can be maintained only if the
Parliament for a period of six consecutive method of its amendment is rigid. Hence, the
months ceases to be a minister. Constitution is rigid to the extent that those
provisions which are concerned with the
Q.38) Ans: C federal structure (i.e., Centre–state relations
Exp: and judicial organi-sation) can be amended
• The Constitution of India provides for a federal only by the joint action of the Central and
system of government in the country. The state governments. Such provisions require
framers adopted the federal system due to two for their amendment a special majority of the
main reasons—the large size of the country Parliament and also an approval of half of the
and its sociocultural diversity. They realized state legislatures.
that the federal system not only ensures the • Statement 4 is incorrect: It is the unitary or
efficient governance of the country but also non-federal feature of the Indian
reconciles national unity with regional constitution. In spite of a dual polity, the
 110

Constitution of India, like that of Canada, • It is described as the ‘Westminster model of

adopted the system of single citizenship. government’ after the location of the British
There is only Indian Citizenship and no Parliament, where the parliamentary system
separate state citizenship. All citizens originated.
irrespective of the state in which they are born
or reside enjoy the same rights all over the Students Note
country. The other federal states like the US,
Switzerland and Australia have dual
citizenship, that is, national citizenship as well
as state citizenship.

Q.39) Ans: B
Exp:
• Modern democratic governments are
classified into parliamentary and presidential
on the basis of the nature of relations between
the executive and the legislative organs of the
government. The parliamentary system of
government is the one in which the executive
is responsible to the legislature for its policies
and acts.
• The presidential system of government, on the
other hand, is one in which the executive is not
responsible to the legislature for its policies
and acts, and is constitutionally independent
of the legislature in respect of its term of
office.
• The parliamentary government is also known
as cabinet government or responsible
government or Westminster model of
government and is prevalent in Britain, Japan,
Canada, India among others. The presidential
government, on the other hand, is also known
as a non-responsible or non- parliamentarian
or fixed executive system of government and
is prevalent in the USA, Brazil, Russia, Sri
Lanka among others.
• Ivor Jennings called the parliamentary system
a ‘cabinet system’ because the cabinet is the
nucleus of power in a parliamentary system.
The parliamentary government is also known
as ‘responsible government’ as the cabinet
(the real executive) is accountable to the
Parliament and stays in office so long as it
enjoys the latter’s confidence.
 111

Basic Structure, Union and Its Territory

Q.1) Ans: C Q.3) Ans:B

Exp: Exp:
● Statement 1 is correct: According to Dr. BR • Statement 1 is incorrect: As per Article 3 bill
Ambedkar, the phrase 'Union of States' has required for formation of new state, increase
been used over the 'Federation of States' for or decrease in area of state, alteration of
because The Indian Federation is not the result boundary of state and alternation of name of
of agreement among states like the American state can be introduced in parliament only with
Constitution and also the federation is a Union prior permission of the president (not
because it is indestructible. The country is an governor).
integral whole and divided into different states
only for the convenience of administration.
● Statement 2 is correct: In India the states have
no right to secede from the federation. Union
is indestructible. India is an indestructible • Statement 2 is Correct: Such a bill has to be
union of the destructible states referred by the President to the Legislatures of
concerned states, for expressing opinions
Q.2) Ans: D .Such an opinion has to be expressed within a
Exp: specific period.
● Statement 1 is incorrect: Article 3 empowered • Statement 3 is Incorrect: The views
parliament to form a new state, increase or expressed by the state are not bound on the
decrease in the area of state, alter boundary President or the Parliament, even if views are
of state and alter the name of state.Such bill received within time.
can be introduced in parliament only with prior
permission of the president and before Q.4) Ans: D
recommending the bill president have to refer Exp:
the same to the concerned state legislature. ● Statement 1 is correct:- JVP Committee
State legislature have to express its view within consisting of Jawaharlal Nehru, Vallabhai Patel
a specific period. But the president or and Pattabhi Sitaramayya was set up in
parliament is not bound by the view of the December 1948 after resentment toward Dhar
state legislature even received within time. commission recommendation. JVP committee
Hence it can be said that state consent is not rejected language as the basis for
necessary. Therefore Constitution authorises reorganisation of states
Parliament to do so without their consent. ● Statement 2 is correct: S K Dhar was set up in
Parliament can redraw the political map of June 1948 to examine feasibility of creating a
India. state on linguistic basis. It recommended
● Statement 2 is incorrect: Constitution organisation of states on administrative
authorised parliament to redraw the political convenience rather than linguistic factors.
map of the country according to their will. ● Statement 3 is correct: Fazl Ali
Therefore Constitution does not guarantee Commission,1953, consisting of K M Pannikar
territorial integrity or continued existence of and H N Kunzru as its other member.It
any state. accepted language as the basis of
reorganisation of states.But rejected the
 112

theory of one language, one state. It viewed said that Article 2 of Constitution of India deals
that unity of India should be primary with the admission or establishment of new
consideration while redrawing of the country's states which are not part of the Union of India.
political units.
Q.5) Ans: D Q.7) Ans:D
Exp: Exp:
● Statement 1 is incorrect: There is no mention • Statement 1 is incorrect: As per the Supreme
of the term “Basic Structure” in the Indian Court judgement in 1969 Settlement of
Constitution. This idea has evolved gradually boundary dispute between India and other
over time by the judiciary of india. Supreme country does not required constitutional
court laid down the idea of basic structure of amendment. As it does not involve any cession
doctrine in Kesavananda Bharati case. The idea of Indian Territory to foreign country it can be
is to preserve the nature of Indian democracy done by executive action.
and protect the rights and liberties of people. • Statement 2 and 3 are incorrect: As per the
This doctrine helps to protect and preserve the judgement of Supreme Court the power of
spirit of the constitution document. Parliament to diminish the area of state under
● Statement 2 is incorrect: Some of the Article 3 does not cover cession of Indian
elements added in basic structure over the Territory to a foreign country. Hence,
time by the judiciary is supremacy of amending the constitution only can cede
constitution, Rule of law, welfare state, judicial Indian Territory to foreign country.
review, Harmony and balance between the
fundamental rights and directive principle etc Q.8) Ans: A
Harmony and balance between Directive Exp:
principles and fundamental duties is not About Basic structure
added yet.
The doctrine of the basic structure holds that
there is a basic structure to the Indian
Q.6) Ans: C Constitution, and the Parliament of India cannot
Exp: amend the basic features.
• Statement 1 and Statement 2 are incorrect:
The idea that the Parliament cannot introduce laws
Territory of India includes States, Union
that would amend the basic structure of the
Territory and territories that may be acquired
constitution evolved gradually over time and in
by the Government of India at any future time
many cases.
and Union of India includes only States. Hence,
Territory of India is much wider term than • The Landmark cases were:
union of India. • Shankari Prasad Case (1951): Parliament’s
• Statement 3 is correct: Article 2 of constitution power of amending the Constitution under
deals with Article 368 included the power to amend the
o Power to admit new state into the Union Fundamental Rights guaranteed in Part III
of India • Golaknath case (1967): Fundamental Rights
o Power to establish new state are not amenable to the Parliamentary
• First provision refers to the admission of states restriction as stated in Article 13 and that to
which are already in existence and second amend the Fundamental rights a new
provision refers to the establishment of states Constituent Assembly would be required.
which were not in existence. Hence, it can be
 113

• Kesavananda Bharati case (1973): SC gave the part of Constitution and the Parliament of
concept of Basic Structure.The SC held that India cannot amend these basic features.
although no part of the Constitution, including ● Any law or amendment that violates the
Fundamental Rights, was beyond the principles which are essential can be struck
Parliament’s amending power, the “basic down by the Supreme court on the grounds
structure of the Constitution could not be that they distort the basic structure of the
abrogated even by a constitutional Constitution. Many features were added by
amendment.” Kesavananda Bharati Ruling of Supreme court
• Minerva Mills case (1980): The judgment while others were added later on with various
makes it clear that the Constitution, and not judicial pronouncements.
the Parliament is supreme. ● Some important features are:
• Parliamentary system
Q.9) Ans: B • Rule of equality
Exp: • Harmony and balance between the
● Statement 1 is not correct : The idea that the Fundamental Rights and DPSP
Parliament cannot introduce laws that would • Free and fair elections
amend the basic structure of the constitution • Limited power of the parliament to amend
evolved gradually over time and in many cases. the Constitution
The idea is to preserve the nature of Indian • Judicial review
democracy and protect the rights and liberties • Supremacy of the Constitution
of people. This Basic Structure doctrine of the • Unity and sovereignty of India
Indian Constitution helps to protect and • Democratic and republican form of
preserve the spirit of the constitution government
document. The doctrine was brought by • Federal character of the Constitution
Kesavananda Bharati case of 1973.There is no • Secular character of the Constitution
mention of the term “Basic Structure”
• Separation of power
anywhere in the constitution of India.
• Individual freedom
● Statement 2 is Correct: The power to amend
the Constitution is only with the Parliament
and not the state legislative assemblies. Q.11) Ans: A
However, this power of the Parliament is not Exp:
absolute. The Supreme Court has the power ● Statement 1 is correct: The concept of ‘basic
to declare any law that it finds structure’ came into existence in the landmark
unconstitutional void. As per the Basic judgment in Kesavananda Bharati vs State of
Structure Doctrine of the Indian Constitution, Kerala case (1973) 49 years ago.
any amendment that tries to change the basic In Golaknath case (1967), the Supreme Court
structure of the constitution is invalid. held that Parliament could not amend
Fundamental Rights, and this power would be
only with a Constituent Assembly. The Court
Q.10) Ans: D
held that an amendment under Article 368 is
Exp:
"law" within the meaning of Article 13 of the
Basic Structure of Indian Constitution
Constitution and therefore, if an amendment
● The doctrine of the basic structure holds that "takes away or abridged" a Fundamental Right
there is a basic structure to the Indian conferred by Part III, it is void.
Constitution i.e features which are essential
 114

● Statement 2 is incorrect: In Kesavananda no right to secede from the federation. The

Bharati case, a relief was sought against the federation is a union because it is
Kerala government vis-à-vis two state land indestructible. The country is an integral
reform laws, which imposed restrictions on the whole and divided into different states only
management of religious property. The for the convenience of administration.
Constitutional Bench in Kesavananda Bharati
case ruled by a 7-6 verdict that Parliament Q.13) Ans: C
could amend any part of the Constitution so Exp:
long as it did not alter or amend the basic Both statements are correct:
structure or essential features of the
● Article 3 states that, Parliament may by law
Constitution.
(a) form a new State by separation of territory
However, the court did not define the term
from any State or by uniting two or more
‘basic structure’, and only listed a few
States or parts of States or by uniting any
principles — federalism, secularism,
territory to a part of any State;
democracy — as being its part.
(b) increase the area of any State;
(c) diminish the area of any State;
Q.12) Ans: B (d) alter the boundaries of any State;
Exp: (e) alter the name of any State.
● Statement 1 is incorrect: Article 1 in the ● However, Article 3 lays down two conditions
Constitution states that India, that is Bharat, in this regard:
shall be a Union of States. The territory of One, a bill contemplating the above changes
India shall consist of: The territories of the can be introduced in the Parliament only with
states, The Union territories and Any the prior recommendation of the President;
territory that may be acquired in future. The and Two, before recommending the bill, the
names of the States and the Unions have President has to refer the same to the state
been described in the First Schedule. legislature concerned for expressing its views
Though the country is described as ‘Union’ within a specified period.
although its Constitution is federal in
● The President (or Parliament) is not bound by
structure.
the views of the state legislature and may
accept or reject them even if the views are
received on time.

Q.14) Ans: D
Exp:
● Statement 1 is Incorrect: Article 1 stipulates
that “India, i.e., Bharat, shall be a Union of
States“. Article 1(2) states that the States and
Dr. B R Ambedkar stated that – “the phrase
the territories will be specified in the First
‘Union of States’ has been preferred to
Schedule.
‘Federation of States’ for two reasons: one,
● Please note: the country is described as ‘Union’
the Indian Federation is not the result of an
although its Constitution is federal in
agreement among the states like the
structure. The Union of India includes only the
American Federation.
States enjoying the Status of being members
● Statement 2 is correct: Two, the states have of the federal system and sharing the powers
 115

with the Union. As of today there are 28 states reference to the state legislature every time an
and 8 Union territories in the country. (J&K and amendment to the bill is moved and accepted
Ladakh – new UTs). The provisions of the in Parliament.
Constitution pertaining to the states are ● Thus, the Constitution authorises the
applicable to all the states in the same manner. Parliament to form new states or alter the
● Statement 2 is Incorrect: 'Territory of India’ is areas, boundaries, or names of the existing
a wider expression than the ‘Union of states ‘without their consent’. Hence, the
India’,Because the latter includes only states territorial integrity or continued existence of
while the former includes not only the states any state is not guaranteed by the
but also union territories and territories that Constitution.
may be acquired by the Government of India at
any future time. Q.16) Ans: A
Exp:
Q.15) Ans: D ● Statement 1 is correct: After independence,
Exp: there were demands from different regions,
About Article 3 of Indian Constitution particularly South India, for the
reorganization of states on a linguistic basis.
● Article 3 empowers the Parliament to make
The government of India appointed the S K
law relating to the formation of new states
Dhar Committee to examine the feasibility of
and alteration of existing states.
the reorganization of states on a linguistic
● It states that Parliament may by law—
basis. The Dhar Committee recommended the
(a) form a new State by separation of
reorganization of states on the basis of
territory from any State or by uniting two
administrative convenience rather than
or more States or Parts of states by
linguistic factors.
uniting any territory to a part of any
state; ● Statement 2 is Incorrect: The
(b) increase the area of any State; Recommendation of SK Dhar committee
(c) diminish the area of any State; created much resentment and led to the
(d) alter the boundaries of any State; appointment of another committee – JVP
(e) alter the name of any State. Committee – consisting of Jawaharlal Nehru,
● However, Article 3 lays down two conditions Vallahbhai Patel, and Pattabhi Sitaramayya.
in this regard: The JVP committee’s report formally
1. One, a bill contemplating the above rejected language as the basis for the
changes can be introduced in the reorganization of states. However, the
Parliament only with the prior creation of Andhra after intense agitation
recommendation of the President; and intensified the demand from other regions
2. Two, before recommending the bill, the for the creation of states on a linguistic basis.
President has to refer the same to the state This forced the Government of India to
legislature concerned for expressing its appoint the Fazl Ali Commission to re-
views within a specified period. examine the whole question. Faiz Ali’s report
● The President (or Parliament) is not bound by broadly accepted language as the basis of
the views of the state legislature and may the reorganization of states. But, it rejected
either accept or reject them, even if the views the theory of ‘one language–one state’.
are received in time.
● Further, it is not necessary to make a fresh
 116

Q.17) Ans: C (b) increase the area of any State;

Exp: (c) diminish the area of any State;
About procedure of Reorganizing Boundaries of (d) alter the boundaries of any State;
the state: (e) alter the name of any State.
Article 3 notably relates to the formation of or
● Article 3 of the constitution deals with
changes in the existing states of the Union of
power of parliament with respect to
India. The bill can be introduced in any house
reorganization of states. It states that:
of parliament.
● Parliament may by law—
(a) form a new State by separation of territory ● Statement 2 is correct:The Bill for altering the
from any State or by uniting two or more boundary as detailed in Article 3 lays down two
States or parts of States or by uniting any conditions in this regard:
territory to a part of any State; 1. One, a bill contemplating the above
(b) increase the area of any State; changes can be introduced in the
(c) diminish the area of any State; Parliament only with the prior
(d) alter the boundaries of any State; recommendation of the President; and
(e) alter the name of any State. 2. Two, before recommending the bill, the
● The Bill requires a simple majority in the President has to refer the same to the state
ordinary process of legislation in both houses legislature concerned for expressing its
of Parliament. views within a specified period.
● Article 3 notably relates to the formation of or
changes in the existing states of the Union of Q.19) Ans: C
India. However, Article 3 lays down two Exp:
conditions in this regard: ● Statement 1 is correct: Union Territories
1. One, a bill contemplating the above (UTs) are federal territories and are
changes can be introduced in the administered by the Union Government of
Parliament only with the prior India. India currently has 8 Union Territories
recommendation of the President; and (UTs) – Delhi, Andaman and Nicobar,
2. Two, before recommending the bill, the Chandigarh, Dadra and Nagar Haveli and
President has to refer the same to the state Daman and Diu, Jammu and Kashmir,
legislature concerned for expressing its Ladakh, Lakshadweep and Puducherry.
views within a specified period. In 2019, Jammu and Kashmir Reorganization
● However,The President (or Parliament) is not Act, 2019 was passed by the Indian
bound by the views of the state legislature Parliament and it reconstituted the state of
and may either accept or reject them, even if Jammu and Kashmir into two Union
the views are received in time. Territories — UT of Jammu and Kashmir and
UT of Ladakh.
Q.18) Ans: B
Exp: ● Statement 2 is correct: The UTs were
● Statement 1 is incorrect: Article 3 states introduced in the States Reorganization Act
that, Parliament may by law— 1956 by 7th Constitutional amendment Act
(a) form a new State by separation of territory 1956.
from any State or by uniting two or more ● Also in 2020, Dadra and Nagar Haveli, and
States or parts of States or by uniting any Daman and Diu were merged into a single
territory to a part of any State; Union Territory known as Dadra and Nagar
Haveli and Daman and Diu.
 117

● The judgement attempted to curb blatant

Q.20) Ans: B misuse of Article 356 of the Constitution of
Exp: India, which allowed President rule to be
About Power of Parliament under Article 368: imposed over state governments.
• In 1967, the Supreme Court reversed its earlier ● Guidelines laid by Supreme court in the case
decisions in the Golaknath case. It held that were
Fundamental Rights included in Part III of the 1. If there is improper use of Article 356
Constitution are given a "transcendental then the court will provide remedy.
position" and are beyond the reach of 2. Under Article 356(3) it is the limitation on
Parliament. the powers of the President. Hence, the
• It also declared any amendment that "takes president shall not take any irreversible
away or abridged" a Fundamental Right action until the proclamation is approved
conferred by Part III as unconstitutional. by the Parliament i.e. he shall not dissolve
• In 1973, the Basic structure doctrine was the assembly.
formally introduced with rigorous legal 3. Article 356 is justified only when there is a
reasoning in Justice Hans Raj Khanna’s breakdown of constitutional machinery
decisive judgment in the landmark decision of and not administrative machinery.
Kesavananda Bharati v/s State of Kerala case. 4. Gave certain conditions where in President
• Previously, the Supreme Court had held that rule will be justified as well as unjustified.
the power of Parliament to amend the
Constitution was unfettered.However, in this
landmark ruling, the Court adjudicated that
while Parliament has "wide" powers, it did not
have the power to destroy or emasculate the
basic elements or fundamental features of the
constitution. Fundamental rights being a
Fundamental feature of the constitution thus
forms part of basic structure. ● The Supreme Court, while adjudicating that a
• Also,the Basic features of the Constitution State Government cannot follow a particular
have not been explicitly defined by the religion, discussed at length the concept of
Judiciary. At least, 20 features have been Secularism. The Court held that Secularism is
described as "basic" or "essential" by the one of the basic features of the constitution..
Courts in numerous cases, and have been Secularism is a positive concept of equal
incorporated in the basic structure. Only the treatment of all religions. This attitude is
Judiciary decides the basic features of the described by some as one of neutrality
Constitution. towards religion or as one of benevolent
neutrality. While freedom of religion is
Q.21) Ans: C guaranteed to all persons in India, from the
Exp: point of view of the State, the religion, faith or
About S.R. Bommai case: belief of a person is immaterial.
● Indian Concept of Secularism follows Sarva
● S.R Bommai v/s Union of India case Dharma Sambhava and Sadbhava Model as
discussed various provisions related to article distinguished from French Model of strict
356 of Indian Constitution.The case is one of separation between religion and state.
landmark cases in Centre-state relations.
 118

Q.22) Ans : A new states that are not part of the Union of
Exp: India.
● Statement 1 is correct: The question of the ● Article 3, on the other hand, relates to the
power to cede Indian territory to a foreign formation of or changes in the existing states
country came up for examination before the of the Union of India. In other words, Article 3
Supreme Court in a reference made by the deals with the internal re-adjustment
President in 1960. The decision of the between the territories of the constituent
Central Government to cede part of a states of the Union of India.
territory known as Berubari Union (West ● Article 3 authorizes the Parliament to:
Bengal) to Pakistan. The Supreme Court held o form a new state by separation of territory
that the power of Parliament to diminish the from any state or by uniting two or more
area of a state (under Article 3) does not states or parts of states or by uniting any
cover cession of Indian territory to a foreign territory to a part of any state;
country. Hence, Indian territory can be o increase the area of any state
ceded to a foreign state only by amending o diminish the area of any state
the Constitution under Article 368.
o alter the boundaries of any state; and
Consequently, the 9th Constitutional
o alter the name of any state.
Amendment Act (1960) was enacted to
● Hence,Option (a) and (b) are correct.
transfer the territory known as Berubari
Union to Pakistan.
Students Note
● Statement 2 is incorrect: The Supreme Court
in 1969 ruled that settlement of a boundary
dispute between India and another country
does not require a constitutional
amendment. It can be done by executive
action as it does not involve cession of
Indian territory to a foreign country.

Q.23) Ans: D
Exp:
● Article 2 of the constitution of India empowers
the Parliament to ‘admit into the Union of
India, or establish, new states on such terms
and conditions as it thinks fit’. Thus, Article 2
grants two powers to the Parliament:
o the power to admit into the Union of India
new states;
o the power to establish new states.
● The first refers to the admission of states which
are already in existence, while the second
refers to the establishment of states which
were not in existence before. Notably, Article
2 relates to the admission or establishment of
 119

Centre State Relations

● Statement 2 is incorrect: The Centre can give
Q.1) Ans: D direction to the state for execution of the
Exp: specified schemes for the welfare of the
● Statement 1 is incorrect: Constitution puts Scheduled Tribes in the state. There is no
territorial limitations on the legislative powers mention of Scheduled Caste
vested in the Centre and the States in the
following way:
o Only the Parliament can make ● Statement 3 is incorrect: Centre can give
'extraterritorial legislation'. Hence, the direction to state for providing adequate
laws of the Parliament are also applicable facilities for instruction in mother-tongue at
to the Indian citizens and their property in primary stage of education to the children
any part of the world. belonging to the linguistic minority in the
o The Parliament also can make laws for the state (not all).
whole or any part of the territory of India. Note: Sanction behind the central direction
The territory of India includes the Union under Article 365(It empowers the president
Territories, States, and any other area for to apply president rule in state whenever
the time being included in the territory of concerned state fails to comply with
India. directions given by the union) is also
applicable in above cases.

Q.3) Ans: B
Exp:
The Constitution divided legislative subjects
● Statement 2 is incorrect: A State Legislature between the Centre and the states in three
empowered to make laws for the whole or any categories i.e., the Union List, the State List
part of the State. The laws made by a State and the Concurrent List which are present in
Legislature are not applicable outside the area the Seventh Schedule of constitution.
of the State, except when there is a sufficient This distribution of legislative powers between the
nexus between the State and the object. Centre and the states is only for the normal
times. But, in abnormal times, this scheme of
Q.2) Ans: A distribution of the legislative power can be
Exp: either modified or suspended. In other words,
The Centre is empowered to give directions to the Constitution empowers the Parliament to
the states with regard to the exercise of their make laws on any matter in the State List under
executive power in the following matters: the following extraordinary circumstances:
● Statement 1 and 3 is correct: During the
● Statement 1 is correct: The Centre can direct President's Rule
the state to take measures for the protection o When Rajya Sabha Passes a Resolution:
of the railways within the state. Centre can such Resolution requires support of two-
also give direction to the state for construction third of members present. Resolution
and maintenance of means of communication remains in force for one year and can be
which are declared as of national or military renewed a number of times but not
importance. exceeding one year at a time.
 120

o During a National Emergency Exp:

o for implementation of international Article 246 of the Constitution divided the powers
agreements. of the Union and the State into 3 lists, i.e. (i)
● Statement 2 is incorrect: During the case of a Union List- on which the Centre has the
Financial Emergency, there are no such exclusive jurisdiction to make laws (ii) State
provisions. list-on which states have exclusive jurisdiction
● Statement 4 is incorrect: When the two or to make laws and (iii) Concurrent List – on
more state legislatures pass resolutions which both centre and state can make laws and
requesting the Parliament to make laws on a as stated above, the central law prevails over
matter in the State List, then the Parliament the state in cases of conflict.
can make laws for that matter. A law so ● Statement 1 is correct: According to Article
enacted applies only to those states which 246A, Parliament has exclusive power to make
have passed such resolutions. Any such law can laws with respect to goods and services tax
be repealed or amended only by the where the supply of goods, or services, or both
parliament and not by the state legislature takes place in the course of inter-State trade or
concerned. commerce.
● Statement 2 is incorrect: According to Article
269A, Goods and services tax on supplies in the
Q.4) Ans: B
case of inter-State trade shall be levied and
Exp:
collected by the central government and such
The Constitution provides for grants-in-aid to the
tax shall be distributed between the Union and
states from the Central resources besides tax
the States in the manner as may be provided
sharing between centre and state. There are
by Parliament by law on the recommendations
two types of grants-in-aid i.e., statutory grants
of the Goods and Services Tax Council.
and discretionary grants.
● Statement 3 is incorrect: The 101st
● Statement 1 is incorrect: Discretionary Grant:
Amendment Act has conferred power to
According to article 282 both Centre and the
Parliament and State Legislatures to make
states can provide grants for any public
laws for goods and services tax imposed by
purpose, even if it is not within their respective
union or state.
legislative competence. Under this provision,
the Centre provides grants to the states. The
Q.6) Ans: D
Centre government is under no obligation to
Exp:
give these grants and the matter lies within its
Article 246 of the Constitution divided the
discretion.
powers of the Union and the State into 3 lists,
● Statement 2 is correct and Statement 3 is
i.e., 1) Union List- on which the Centre has the
incorrect: Statutory grant: According to Article
exclusive jurisdiction to make laws 2) State list-
275 Parliament can give grants to states which
on which states have exclusive jurisdiction to
are in need of financial assistance not to every
make laws and 3) Concurrent List – on which
state. It is also possible that different sums are
both centre and state can make laws and as
given to different states. These sums are
stated above, the central law prevails over the
charged on consolidated funds of India. The
state in cases of conflict.
statutory grants are given to the states on the
recommendation of the Finance Commission. ● Statement 1,2,4 and 5 are correct: Parliament
and state legislature are empowered to make
Q.5) Ans: A laws with respect to any of the matters
 121

enumerated in the Concurrent List. Subjects Concurrent List and the State List, it is the
include Legal and Medical profession, former that should prevail.
Registration of birth and death, code of • Statement 3 is incorrect: The bills on certain
criminal procedure, marriage and divorce, matters ( and not all matters) in the State List
population control and family planning, can be introduced in the State Legislature only
electricity, labour welfare, etc. with the previous sanction of the President
42nd Amendment Act of 1976 transferred five (For example bills imposing restriction on
subjects to Concurrent List from State List, i.e., freedom of trade & commerce)

o education,
Q.8) Ans: D
o forests,
Exp:
o weights and measures,
o protection of wild animals and birds, and • Statement 1 is incorrect: the President may,
o administration of justice; constitution and with the consent of the state government,
organization of all courts except the entrust to that government any of the
Supreme Court and the high courts. executive functions of the Centre.
● Statement 3 is incorrect: State list has subjects • Statement 2 is incorrect: Conversely, the
like Water, public order, police, public health governor of a state may, with the consent of
and sanitation, agriculture, prisons, local the Central government, entrust to that
government, fisheries, markets, theatres, government any of the executive functions of
gambling etc. the state

Q.7) Ans: C Q.9) Ans: C

Exp: Exp:
• Statement 1 is incorrect: In case of a conflict The net proceeds of taxes that do not form a
between the Central law and the state law on part of the Consolidated Fund of India include
a subject enumerated in the Concurrent List, the following taxes and duties (only some taxes
the Central law prevails over the state law. But, are mentioned here)
there is an exception. If the state law has been
● Statement 1 is correct: Taxes on the
reserved for the consideration of the president
consignment of goods in the course of inter-
and has received his assent, then the state law
state trade or commerce. Taxes on the sale or
prevails in that state. But, it would still be
purchase of goods (other than newspapers) in
competent for the Parliament to override such
the course of inter-state trade or commerce.
a law by subsequently making a law on the
same matter.
• Statement 2 is correct:The Constitution
expressly secures the predominance of the
Union List over the State List and the
Concurrent List and that of the Concurrent List
over the State List. Thus, in case of overlapping
between the Union List and the State List, the
former should prevail. In case of overlapping
between the Union List and the Concurrent
● Statement 2 is correct: Stamp duties on bills of
List, it is again the former which should prevail.
exchange, cheques, promissory notes, policies
Where there is a conflict between the
 122

of insurance, transfer of shares and others. Southern Zonal Councils are established by the
Taxes on agricultural income, succession and State Reorganization Act of 1956 while the
estate duties in respect of agricultural land. North-Eastern Council is established by North-
Eastern Council Act of 1971.
● Statement 2 is correct:Their decisions do not
Q.10) Ans: A
have a binding force and they are only
Exp:
deliberative and advisory bodies.
● Statement 1 is correct: The members of the
● Statement 3 is correct:While forming these
North-Eastern Council includes Assam,
zones several factors have been taken into
Manipur, Mizoram, Arunachal Pradesh,
account like means of communication, river
Nagaland, Meghalaya, Tripura and Sikkim.
system, natural division of the country, the
● Statement 2 is incorrect: The North-Eastern
cultural and linguistic affinity and the
Council was created by a separate Act of
requirements of economic development,
Parliament, the North-Eastern Council Act of
security and law and order.
1971. It is a statutory body and not a
● Statement 4 is correct: The Zonal Council
Constitutional body. Hence no amendment
promotes cooperation and coordination not
was done in the Constitution (in sixth
only between the States that share the region
schedule).
in a Zonal Council but also between Union
Territories and the Centre.
Q.11) Ans: D
Exp:
Q.13) Ans: B
● Statement 1 is correct: Union Home Minister
Exp:
is chairman of the all the Zonal Councils and
• Statement 1 is Correct: The Zonal Councils are
Chief Minister of the host state, to be chosen
the statutory (and not the constitutional)
by rotation every year, is the Vice-Chairman.
bodies. They are established by an Act of the
● Statement 2 is incorrect:The Chief Secretary of
Parliament, that is, the States Reorganisation
the government of each state in the zone acts
Act of 1956.
as an advisor and not a member of the council
• Statement 2 is incorrect:
without any right to vote in the meetings.
Each zonal council consists of the following
● Statement 3 is correct: Administrator of each
members:
union territory in the zone acts as the member
● Home Minister of Central
of the council.Also chief ministers of all the
government.(head)
states in the zone and two ministers from each
● Chief Ministers of all the States in the zone.
state in zone act as member of zonal council.
● Two other ministers from each state in the
● Statement 4 is incorrect:Development
zone.
commissioners of each state in the zone are
● Administrator of each union territory in
associated advisors to the council without the
the zone
right to vote in the meetings.
• Statement 3 is incorrect: The act divided the
Q.12) Ans: B country into five zones- Northern, Central,
Exp: Eastern, Western and Southern and provided a
● Statement 1 is incorrect:All the Zonal Councils zonal council for each zone.While forming
are statutory bodies established by an Act of these zones, several factors have been taken
Parliament but not from a single Act, the into account which include: the natural
Northern, Central, Eastern, Western and divisions of the country, the river systems and
 123

means of communication, the cultural and ● Statement 1 is incorrect: The Constitution

linguistic affinity and the requirements of makes the following provisions with regard to
economic development, security and law and the borrowing powers of the Center and the
order.In addition to the above-mentioned states:
Zonal Councils, a North-Eastern Council was o The Central government can borrow from
created by a separate Act of Parliament, the either within India or outside upon the
North-Eastern Council Act of 1971.Its security of the Consolidated Fund of India
members include Assam, Manipur, Mizoram, or can also give guarantees, but both
Arunachal Pradesh, Nagaland, Meghalaya, within the limits fixed by the Parliament.
Tripura and Sikkim. However, till date no such law has been
enacted by the Parliament.
Q.14) Ans: B o The State government can borrow within
Exp: India (and not from abroad) upon the
● Statement 1 and 2 are correct: The security of the Consolidated Fund of the
Government of India (Gol) Act of 1935 State or can also give guarantees, but both
provided for a three-fold enumeration i.e. within the limits fixed by that state
federal, provincial and concurrent. Presently, legislature.
the Constitution follows the scheme of this act ● Statement 2 is correct: The Central
but with one difference, that is, under the 1935 government can make loans to any state or
act, the residuary powers were given neither also give guarantees in respect of loans raised
to the federal legislature nor to the provincial by any state. Any sums required for the
legislature but to the governor-general of purpose of making such loans are to be
India. So, in this respect, India follows the charged on the Consolidated Fund of India.
Canadian precedent. o A state cannot raise any loan without
● The predominance of the Union List over the Center's consent and if there is still
State List and the Concurrent List and that of outstanding any part of a loan made to the
the Concurrent List over the State List is state by the Center or in respect of which
expressly secured by the Constitution. a guarantee has been given by the Center.
● However, in case of a conflict between the
state law and the central law on a subject Q.16) Ans: C
enumerated in the Concurrent List, the central Exp:
law prevails over the state law. But, there is ● Statement 1 is correct: The harmonious
an exception. relations and close cooperation between the
● Statement 3 is incorrect: If the state law has Center and the states and also between the
been reserved for the president's states inter se depends on the successful
consideration and has received his assent, then functioning of the Indian federal system. The
the state law prevails in that state. However, it provision of adjudication of inter-state water
would still be competent for the Parliament to disputes enshrined in Article 262 of the
override such a law by subsequently making a Constitution.
law on the same matter. The Constitution contains the two provisions:

1. The Parliament can provide for the

Q.15) Ans: B adjudication of any dispute or complaint
Exp: with respect to the distribution, use and
 124

control of waters of any river valley or ● Statements 2 and 3 are Correct: The
inter-state river. Constitution provides for a three-fold
2. Parliament may also provide that neither distribution of legislative subjects between
the Supreme Court nor any other court is the Centre and the states, 1) the Union List, 2)
to exercise jurisdiction in respect of any the State List and 3) the Concurrent List, in the
such dispute or complaint. Seventh Schedule.
● Statement 2 is correct: The President can ● Exclusive powers to make laws with respect to
establish (under Article 263) an Inter-State any of the matters enumerated in the Union
Council (at any time, if it appears to him that List are provided with the Parliament.
the public interest would be served by its o The Union list has at present 100 subjects
establishment) to investigate and discuss (originally 97 subjects) like defence,
subjects of common interest between the banking, foreign affairs, currency, atomic
Centre and the states. energy, insurance, communication,
This council was set up in 1990. (asked in Question) inter-state trade and
commerce, census, audit and so on.
o It consists of the following members:
● The state legislature has "in normal
a. Prime minister as the Chairman
circumstances" exclusive powers to make laws
b. Chief ministers of all the states
with respect to any of the matters enumerated
c. Chief ministers of union territories
in the State List.
having legislative assemblies
o Presently, 61 subjects (originally 66
d. Administrators of union territories not
subjects) are included in state list like
having legislative assemblies
public order, police, public health and
e. Governors of States under President's
sanitation, agriculture, prisons, local
rule
government, fisheries, markets,
f. The prime minister nominates Six
theaters/gambling/and so on.
Central cabinet ministers, including
● Both, the Parliament and state legislature can
the home minister.
make laws with respect to any of the matters
g. Five Ministers of Cabinet rank /
enumerated in the Concurrent List.
Minister of State (independent
o Presently52 subjects (originally 47
charge) are nominated by the
subjects) are included in the concurrent list
Chairman of the Council (i.e., Prime
like criminal law and procedure, civil
Minister invites the Council.
procedure, marriage and divorce,
● Inter state council is a recommendatory body
population control and family planning,
on issues relating to inter-state, Centre-state
electricity, labour welfare, economic and
and Centre-union territories relations.
social planning, drugs.newspapers books
● An appropriate authority can be appointed by
and printing press. and others.
the Parliament to carry out the purposes of the
● Five subjects have been transferred to
constitutional provisions relating to the
Concurrent List from State List by the 42nd
interstate freedom of trade, commerce and
Amendment Act of 1976.
intercourse. However, no such authority has
These five subjects are
been appointed so far.
a. education
Q.17) Ans: B b. forests
Exp: c. weights and measures
d. protection of wild animals and birds and
 125

e. administration of justice; constitution and within a state like municipalities, district

organization of all courts except the boards, panchayats and so on.
Supreme Court and the high courts. ● The corporations or the companies which
● The parliament is provided with the power to were formed by the Central government are
make laws with respect to residuary subjects not immune from state taxation or local
(i.e., the matters which are not enumerated in taxation. This is because a corporation or a
any of the three lists). company is a separate legal entity.
o The term 'property' includes lands,
Q.18) Ans: B buildings, chattels, shares, debts,
Exp: everything that has a money value, and
About common High Court: every kind of property-movable or
immovable and tangible or intangible.
● Organization, independence, jurisdiction,
o Moreover, the property may be used for
powers, procedures and so on of the high
sovereign (like armed forces) or
courts are dealt in part VI under Articles 214 to
commercial purposes.
231 of Constitution.
● statement 2 is incorrect: The Parliament (not
● The Constitution of India provides for a high
President) is empowered to remove the ban
court for each state, but the Seventh
which restricts property of the center from
Amendment Act of 1956 authorized the
taxation.
Parliament to establish a common high court
● The state's property and income of a state is
for two or more states or for two or more
exempted from Central taxation. Such income
states and a union territory.
may be derived from sovereign functions or
● The territorial jurisdiction of a high court is co-
commercial functions.(But the Center can tax
terminus with the territory of state. Similarly,
the commercial operations of a state (if
if there is a common High court then its
Parliament so provides. However, the
territorial jurisdiction is co-terminus with the
Parliament can declare that any particular
territories of the concerned states and union
trade or business as incidental to the ordinary
territory.
functions of the government and it would then
● At present, 25 High Courts are present in India,
not be taxable.
six having control over more than one
o However, the property and income of
State/UT. Among Union Territories Delhi has
local authorities situated within a state
a separate High Court of its own.
are not exempted from the Central
● Each High Court shall consist of a Chief Justice
taxation.
and such other judges as appointed by the
o Similarly, the center can impose taxes on
President of India.
the property or income of corporations
and companies owned by a state.
Q.19) Ans: D
o In an advisory opinion in 1963, the
Exp:
Supreme court held that the immunity
● Statement 1 is incorrect: Constitution of India
granted to a state in respect of Central
contain the rule of 'immunity from mutual
taxation does not extend to the duties of
taxation' and makes the following provisions in
customs or duties of excise. In other
this regard:
words, the Center can impose customs
● The Center's property is exempted from
duty on goods imported or exported by a
taxation imposed by state or any authority
state, or an excise duty on goods produced
or manufactured by a state.
 126

III (the Concurrent List) in the Seventh

Q.20) Ans: D Schedule.
Exp: ● Statement 2 is incorrect: The Government of
● Statement 1 is incorrect: The Constitution has India (GoI) Act of 1935 provided for a three-
divided the taxing powers between the Center fold enumeration, viz., federal, provincial and
and the states in the following way: concurrent. The present Constitution follows
o The exclusive power to levy taxes on the scheme of this act but with one difference,
subjects enumerated in the Union List that is, under this act, the residuary powers
(which are 15 in number) are vested with were given neither to the federal legislature
Parliament. nor to the provincial legislature but to the
o The power to levy taxes on subjects governor-general of India. In this respect,
enumerated in the Concurrent List (which India follows the Canadian precedent.
are 3 in number) are vested with both the ● Statement 3 is incorrect: The power to make
Parliament and the state legislature. laws with respect to residuary subjects (i.e.,
● Statement 2 is incorrect: The state legislature matters which are not enumerated in any of
has exclusive power to levy taxes on subjects the three lists) are vested in the Parliament.
enumerated in the State List (which are 20 in This residuary power of legislation includes the
number). Parliament is empowered to impose power to levy residuary taxes.
residuary taxes (that is, the power to impose
taxes not enumerated in any of the three lists). Q.22) Ans: C
Under this provision, the Parliament has Exp:
imposed gift tax, wealth tax and expenditure ● Statement 1 is correct: In the first place, items
tax. The Constitution also makes a distinction generating revenue are under the control of
between the power to levy and collect a tax the central government. Thus, the central
and the power to appropriate the proceeds of government has many revenue sources and
the tax so levied and collected. For example, the States are mostly dependent on the grants
the income-tax is levied and collected by the and financial assistance from the centre.
Center but its proceeds are distributed Secondly, India adopted planning as the
between the Center and the states. instrument of rapid economic progress and
development after independence. Planning
Q.21) Ans: A led to considerable centralisation of economic
Exp: decision making. Planning commission
● Statement 1 is correct: In the US, only the appointed by the union government is the
powers of the Federal Government are coordinating machinery that controls and
enumerated in the Constitution and the supervises the resources management of the
residuary powers are left to the states. The States. Besides, the Union government uses its
Australian Constitution followed the American discretion to give grants and loans to States.
pattern of single enumeration of powers. In ● Statement 2 is correct: The all-India services
Canada, on the other hand, there is a double are common to the entire territory of India
enumeration—Federal and Provincial, and the and officers chosen for these services serve in
residuary powers are vested in the Centre. the administration of the States. Thus, an IAS
o The Constitution provides for a three-fold officer who becomes the collector or an IPS
distribution of legislative subjects between officer who serves as the Commissioner of
the Centre and the states, viz., List-I (the Police, are under the control of the central
Union List), List-II (the State List) and List- government. States can neither take
 127

disciplinary action nor can they remove these ● Statement 1 is correct: The process of
officers from service. constitutional amendment is less rigid than
what is found in other federations. The bulk of
Q.23) Ans: D the Constitution can be amended by the
Exp: unilateral action of the Parliament, either by
● The Constitution empowers the Parliament to simple majority or by special majority. Further,
make laws on any matter enumerated in the the power to initiate an amendment to the
State List under the following five Constitution lies only with the Centre. In the
extraordinary circumstances: US, the states can also propose an amendment
o When Rajya Sabha Passes a Resolution to the Constitution.
o During a National Emergency ● Statement 2 is incorrect: The division of
o When States Make a Request powers is in favour of the Centre and highly
o To Implement International Agreements inequitable from the federal angle. Firstly, the
o During President’s Rule Union List contains more subjects than the
● If the Rajya Sabha declares that it is necessary State List. Secondly, the more important
in the national interest that Parliament should subjects have been included in the Union List.
make laws on a matter in the State List, then ● Thirdly, the Centre has overriding authority
the Parliament becomes competent to make over the Concurrent List. Finally, the residuary
laws on that matter. Such a resolution must be powers have also been left with the Centre,
supported by two-thirds of the members while in the US, they are vested in the states.
present and voting. The resolution remains in Thus, the Constitution has made the Centre
force for one year; it can be renewed any very strong.
number of times but not exceeding one year at
a time. Q.25) Ans: D
● The Parliament acquires the power to legislate Exp:
with respect to matters in the State List, while ● Statement 1 is correct: The Constitution
a proclamation of national emergency is in established an integrated judicial system with
operation. The laws become inoperative on the Supreme Court at the top and the state
the expiration of six months after the high courts below it. This single system of
emergency has ceased to operate. courts enforces both the Central laws as well
● The Parliament can make laws on any matter as the state laws. This is done to eliminate
in the State List for implementing the diversities in the remedial procedure. The
international treaties, agreements or judges of a state high court are appointed by
conventions. This provision enables the the president in consultation with the Chief
Central government to fulfil its international Justice of India and the governor of the state.
obligations and commitments. They can also be transferred and removed by
● When the President’s rule is imposed in a the president.
state, the Parliament becomes empowered to ● Statement 2 is correct: During the operation of
make laws with respect to any matter in the a national emergency (under Article 352), the
State List in relation to that state. A law made Centre becomes entitled to give executive
so by the Parliament continues to be operative directions to a state on ‘any’ matter. Thus, the
even after the president’s rule. state governments are brought under the
complete control of the Centre, though they
Q.24) Ans: A are not suspended.
Exp:
 128

Q.26) Ans: A
Exp:
Centre is empowered to give directions to the
States in the execution of following matters:

● The construction and maintenance of the

means of communication of national or
military importance by the state. Hence
statement 1 is correct.
● The measures to be taken for the protection of
the railways within the State. Hence
statement 3 is correct.
● Providing adequate facilities for instruction in
the mother-tongue at the primary stage of
education to children of linguistic minority
groups in the State.
● The drawing up and execution of the schemes
essential for the welfare of the Scheduled
Tribes in the State. Hence statement 2 is not
correct.
● The coercive sanction behind the Central
directions is Article 365 of Indian Constitution.

Students Note
 129

Inter-State Relations

Q.1) Ans: B
Exp: • Statement 2 is incorrect: The River board Act
● Statement 1 is incorrect: The Inter-State enacted by the Parliament provides for the
Water Disputes Act empowers the Central establishment of a river board. The state
government to set up an ad hoc tribunal for legislature cannot pass any resolution for the
the adjudication of a dispute between two or establishment river board.
more states in relation to the waters of an • Statement 3 is correct: The River Board Act
inter-state river or river valley. The decision of (1956) and the Inter-State Water Disputes Act
the tribunal would be final and binding on the (1956), enacted by the Parliament, provides for
parties to the dispute. the establishment of river boards for the
● Statement 2 is incorrect: Regulation and regulation and development of inter-state
development of inter-state rivers and river river and river valley.
valleys is in the union list.
● Statement 3 is correct: Neither the Supreme
Q.4) Ans: A
Court nor any other court is to have jurisdiction
Exp:
in respect of any water dispute which may be
• Statement 1 is incorrect: An Inter-State
referred to such a tribunal under this Act.
council is not established by an Act of
Parliament or the Parliament, but by the
Q.2) Ans: B President, at any time it appears to him that
Exp: public interest would be served.
● Statement 1 is incorrect: Officers of All India • Statement 2 is correct: The President is
Services are recruited and trained by the empowered to define the nature of the duties
central government but work for both central to be performed by the Inter-State Council
and state governments. along with its organization and procedures.
● Statement 2 is correct: As per article 311 as Article 263 of the Constitution also specifies
they are appointed by the President, they can the duties that can be assigned to the Inter-
be dismissed from service only by the State Council.
President. • Statement 3 is incorrect: The Parliament
● Statement 3 is incorrect: Any disciplinary cannot assign duties or provide guidelines for
action (imposition of penalties) against these the functioning of the Inter-State Council.
officers can only be taken by the Central • Statement 4 is correct: The president can
government establish an Inter-State Council for enquiring
into and advising upon Inter-state disputes, if
any time it appears to him that the public
Q.3) Ans: C interests would be served by the
Exp: establishment of such council.
• Statement 1 is correct: A river board is
established by the Central government on the
request of the state government concerned to
advise them. Article 262 of the constitution
provides for the adjudication of inter-state
water disputes to the parliament.
 130

any controversy whether legal or non-legal,

but its function is advisory.
Q.5) Ans: B
Exp:
• Statement 1 is correct: Enquiring into and Q.7) Ans: C
advising upon disputes which may rise Exp:
between states, is one of the duties assigned ● Statement 1 is correct: The Sarkaria
to the Inter-State Council by the Constitution. Commission on Centre-State Relations (1983-
It helps them to resolve their disputes and 87) made a strong case for the establishment
keep their relations harmonious. of a permanent Inter-State Council under
• Statement 2 is correct: Investigating and Article 263 of the Constitution.
discussing subjects in which the states have a ● Statement 2 is correct: The Sarkaria
common interest, is also one of the duties commission recommended that in order to
assigned to the Inter-State Council by the differentiate the Inter-State Council from other
Constitution. bodies established under the same Article 263,
• Statement 3 is incorrect: Deliberating upon it must be called as the Inter-Governmental
other matters of general interest to the states Council.
as may be referred to by the chairman, this
duty is not assigned by the Constitution to the
Q.8) Ans: B
Inter-State Council and not mentioned in the
Exp:
Constitution as well.
● Statement 1 is correct: Article 263 of the
• Statement 4 is correct: The Constitution does
Constitution provides for establishment of an
assign the duty of, Making recommendations
Inter-State Council by the President. The
upon any such subject, and particularly for the
Presidential Order of 1990 establishes it as a
better coordination of policy and action on it.
recommendatory body.
● Statement 2 is incorrect: When the Prime
Q.6) Ans: D
Minister is unable to preside over any meeting,
Exp:
he may nominate any Union Minister of
• Statement 1 is incorrect: This function of the
Cabinet rank to preside over the meeting.
council is not supplementary to the Supreme
● Statement 3 is correct: All questions coming
Court's jurisdiction but complementary to it.
up for consideration of the Council at a
• Statement 2 is correct: The council's function meeting are decided by consensus and the
to enquire and advise upon the inter- state decision of the Chairman as to consensus is
disputes is complementary to the Supreme final.
Court's jurisdiction under Article 131 to decide
● Statement 4 is correct: Ten members
a legal controversy between the governments.
(including the Chairman) form the quorum for
• Statement 3 is incorrect: The council acts as an a meeting of the Council.
advisory body and cannot give a binding
decision. Hence the function to enquire and
advice upon the inter- state disputes is not Q.9) Ans: D
binding in nature. Exp:
• Statement 4 is correct: The function to enquire ● Statement 1 is incorrect: The north eastern
and advise upon the inter-state disputes is council is a statutory advisory body and was
advisory in nature, the council can deal with created by a separate act of parliament that is
the North Eastern council Act 1971. The North
 131

Eastern Council is the nodal agency for the Provisions with respect to an inter State
economic and social development of the North Council If any any time it appears to the
Eastern Region which consists of the eight President that the public interests would be
States of Arunachal Pradesh, Assam, served by the establishment of a Council.
Manipur, Meghalaya, Mizoram, Nagaland,
Sikkim and Tripura.
● Statement 2 is incorrect: The headquarters of
the council is situated in Shillong and functions
under the Ministry of Development of North Q.11) Ans: A
Eatern Region (DONER) of the Government of Exp:
India . The Council was initially set up as an ● Statement 1 is correct: Article 301 -307
advisory body but has now been sanctioned as declares that the trade ,commerce and
a Regional planning body since 2002. They intercourse throughout the country of
now discuss any matter in which the North India shall be free ,and this also extends to
Eastern States have a common interest and intra state trade along with interstate trade .
decide the action to be taken on any such o Legislature of a state can impose
matter. The Union Home Minister is ex-Officio reasonable restrictions on the freedom
Chairman and the MoS(IC) DoNER is the ex- afforded by Art 301 to safeguard public
Officio Vice-Chairman of the NEC. interest. But a bill for this purpose can only
be introduced in the legislature with prior
Q.10) Ans: A recommendation of the president of India.
Exp: ● Statement 2 is incorrect: Part XIII of the
● Statement 1 is correct: Article 263 of the constitution deals with trade and commerce
constitution gives provision for the and Part X related to the schedule and tribal
establishment of the interstate council, to areas.
ensure coordination between the states and o PART XIII: TRADE, COMMERCE AND
the center and the states. The Union INTERCOURSE WITHIN THE TERRITORY OF
Government constituted a Commission in 1988 INDIA
under the Chairmanship of Justice R.S. § 301 Freedom of trade, commerce and
Sarkaria to review the working of the existing intercourse.
arrangements between the Union and the § 302 Power of Parliament to impose
States. One of the important restrictions on trade, commerce and
recommendations of Sarkaria Commission was intercourse.
for establishing a permanent Inter-State § 303 Restrictions on the legislative powers
Council as an independent national forum for of the Union and of the States with regard
consultation with a mandate well defined in to trade and commerce.
accordance with Article 263 of the § 304 Restrictions on trade, commerce and
Constitution of India. intercourse among States.
§ 305 Saving of existing laws and laws
providing for State monopolies.
§ 306 Repealed
§ 307 Appointment of authority for carrying
● Statement 2 is incorrect: The Prime minister is out the purposes of articles 301 to 304.
the chairman of the interstate council and
chief ministers of all states are part of it.
 132

Q.12) Ans: D invitees, if so nominated by the Chairman of

Exp: the Council, or as and when any item relating
● Statement 1 is incorrect: The Inter-State- to a subject under their charge is to be
Council was set up under Article 263 of the discussed.
Constitution of India. The council may meet at
least thrice a year and discuss and investigate
such subjects in which states or the center
have common interests, making
recommendations particularly for better Q.14) Ans: C
coordination of policy and action on these Exp:
subjects. ● Statement 1 is incorrect: River Board act 1956
o The Council also deliberates upon such provides for the establishment of river boards
other matters of general interest to the to regulate and develop the interstate river
states as may be referred by the chairman and river valley
to the Council. o The River Boards Act provides for the
● Statement 2 is incorrect: These interstate establishment of river boards by the
council meetings are held in camera and all Central government for the regulation and
questions are decided by consensus and the development of inter-state river and river
chairman does not have veto power. valley
o Functions of Inter-State Council: o The River Board is established on the
• Inquiring and advising upon disputes which request of state governments concerned
may have emerged between the States to advise them.
• Investigating and discussing subjects in which o The Inter-State Water Disputes Act
the States of the Union has a common interest. empowers the Central government to set
up an ad hoc tribunal for the adjudication
Q.13) Ans: D of a dispute between two or more states in
Exp: relation to the waters of an inter-state
● Statement 1 is incorrect: NITI aayog is a policy river or river valley
think tank of the Government of India. It was ● Statement 2 is incorrect: AS the river boards
established with the aim to achieve sustainable are established by the central governments on
development goals by active involvement of request of the state governments.
the state government in the planning process. o River Board for advising the Governments
This policy think tank was established in 2015 interested in relation to such matters
via an executive resolution by replacing the concerning the regulation or development
Planning commission of India. NITI aayog of an inter- State river or river.
governing council is chaired by PM .
● Statement 2 is incorrect: CM Acts as vice Q.15) Ans: A
chairman and not chairman of various zonal Exp:
councils and Union Home minister is the ● Statement 1 is correct: Trade restrictions can
chairman of all the zonal councils . be imposed by parliament to safeguard public
● Statement 3 is incorrect: CM is not its interest however, no discrimination can be
chairman ,PM is chairman of interstate made between states while imposing
councils and other Ministers and Ministers of restrictions.
State having independent charge in the Union o The free flow of trade, commerce, and
Government may be invited as permanent intercourse within and across inter-State
 133

borders is an important prerequisite for constitutional) bodies. They are established

ensuring economic unity, stability, and by an Act of the Parliament, that is, the
prosperity in a two-tier polity country. States Reorganisation Act of 1956. The act
o The Indian Constitution includes provisions divided the country into five zones
that guarantee freedom of inter-state (Northern, Central, Eastern, Western and
trade and commerce throughout India's Southern) and provided a zonal council for
territory. each zone. There is North-Eastern Council in
● Statement 2 is incorrect: The State legislature addition to the above Zonal Councils, was
can impose reasonable restrictions on the created by a separate Act of Parliament, the
freedom afforded by Art 301 to safeguard North-Eastern Council Act of 1971.
public interests. A bill for this purpose can be ● Statement 2 is incorrect: Each zonal council
introduced in the legislature only after prior consists of the following members
recommendation of the president . o Home minister of the Central government
o chief ministers of all the States in the zone.
Q.16) Ans: C o Two other ministers from each state in
Exp: the zone.
• Pair 1 is correct: Cauvery Water Dispute o Administrator of each union territory in
dispute occurred between Karnataka, Tamil the zone.
nadu and Kerala. It involves 3 states and one ● The home minister of the Central
Union Territory i.e. Puducherry. It entailed the government is the common chairman of the
principle that the upper riparian state must five zonal councils. Each chief minister acts
obtain consent of the lower riparian state for as a vice-chairman of the council by rotation,
any construction activity. holding office for a period of one year at a time.
• Pairs 2 and 3 are also correct: Narmada ● Statement 3 is correct: The objectives (or the
dispute occurred between Rajasthan and functions) of the zonal councils, are as
Madhya pradesh and the Godavari water follows:
dispute is between Maharashtra and Andhra o To achieve an emotional integration of the
pradesh. country.
o Major inter state river water disputes are: o To help in arresting the growth of acute
o Ravi and beas - Punjab ,Haryana state-consciousness, regionalism, linguism
,Rajasthan . and particularistic trends.
o Narmada -Madhya pradesh ,Gujrat o To help in removing the after-effects of
,Maharashtra ,Rajasthan . separation in some cases so that the
o Krishna - Maharashtra, Karnataka and process of reorganisation, integration and
Andhra pradesh. economic advancement may synchronise.
o Cauvery-Karnataka ,Kerala, Tamil nadu. o To enable the Centre and states to
o Godavari -Maharashtra, cooperate with each other in social and
Karnataka,Andhra pradesh, Madhya economic matters and exchange ideas
pradesh and Odisha. and experience in order to evolve uniform
policies.

Q.17) Ans: D
Exp:
● Statement 1 is incorrect: The Zonal Councils
are the statutory (and not the
 134

Parliament

Q.1) Ans: B
Exp:
Q.3) Ans: C
● Statement 1 is Incorrect: Quorum is the
Exp:
minimum number of members required to be
● Statement 1 is incorrect: The President
present in the House before it can transact any
administers the oath of the Speaker Pro Tem,
business. It is one tenth of the total number of
also the President appoints a member of the
members in each House including the
Lok Sabha as a Speaker Pro Tem
presiding officer. It means that there must be
● Statement 2 is incorrect: Lame Duck session
at least 55 members present in the Lok Sabha
refers to the last session of the existing Lok
and 25 members present in the Rajya Sabha, if
Sabha after a new Lok Sabha has been elected.
any business is to be conducted.
It is presided by the existing Speaker of the Lok
● Statement 2 is Correct: If there is no quorum
Sabha and not by the Speaker Pro Tem.
during a meeting of the House, it is the duty of
● Statement 3 is incorrect: Usually the senior
the presiding officer either to adjourn the
most member is selected as the Speaker Pro
House or to suspend the meeting until there is
Tem but it is not applicable in every case and it
a quorum.
is conventional practice and not mandatory.
● Statement 4 is correct: When a new Speaker
Q.2) Ans: B is elected by the House, the office of the
Exp: Speaker Pro Tem ceases to exist.
● Statement 1 is Correct: On the
recommendation of the Rules Committee of Q.4) Ans: D
the Lok Sabha, 17 Departmentally-Related Exp:
Standing Committees (DRSCs) were set up in ● Statement 1 is incorrect: If a person is
the Parliament in 1993.In 2004, seven more disqualified under any law made by the
such committees were set up, thus increasing Parliament, this disqualification criteria is
their number from 17 to 24. specified in the Constitution and not in the
● Statement 2 is Incorrect: Each standing Representation of the People Act (1951).
committee consists of 31 members (21 from
Lok Sabha and 10 from Rajya Sabha).
● Statement 3 is Correct: A minister is not
eligible to be nominated as a member of any of
the standing committees. In case a member,
after his nomination to any of the standing
committees, is appointed a minister, he then
ceases to be a member of the committee.
● Statement 4 is Incorrect: The tenure is one ● Statement 2 is incorrect: If a person is
year from the date of its constitution. undischarged insolvent, he should be
disqualified, is the disqualification given the
Constitution and not in the Representation of
the People Act (1951).
 135

● Statement 3 is correct: The disqualification

criteria on account of failing to lodge an
account of his expenses in an election is given
in the Representation of the People Act (1951).
● Statement 4 is correct: If a person is convicted
in promoting enmity among different groups
and in offence of bribery, he must be
disqualified is prescribed in the Representation ● Statement 2 is correct: He can be removed by
of the People Act (1951). the Lok Sabha only by a resolution passed by
the Lok Sabha by an effective majority but, a
Q.5) Ans: B resolution to remove the Speaker of Lok Sabha
Exp: can be moved only after giving 14 days
● Statement 1 is incorrect: The office of the advance notice.
leader of the House is not mentioned in the ● Statement 3 is correct: When a resolution for
Constitution of India, they are mentioned in the removal of the Speaker is under
the Rules of the House. consideration of the House, he cannot preside
● Statement 2 is incorrect: The office of whip is at the sitting of the House, though he can join
not a constitutional office; it is neither the sitting of the House and vote at first
mentioned in the Constitution nor in the rules instant.
of the House nor in a Parliamentary statute. It ● Statement 4 is incorrect: The Speaker does not
is based on the conventions of the vacate immediately after Lok sabha gets
Parliamentary government. dissolved and occupies his office till the newly
● Statement 3 is correct: Every political party, elected Lok Sabha meets.
whether ruling or opposition has its own whip
in the Parliament. He is appointed by the
political party to serve as an assistant floor Q.7) Ans: B
leader. Exp:
● Statement 4 is correct: The office of the • Statement 1 is correct: The motion of removal
leader of the opposition is mentioned in of the Speaker of Lok Sabha can be considered
parliamentary statute. It is not mentioned in and discussed only when it has the support of
the Constitution. Leader of opposition in Lok at least 50 members.
Sabha and Rajya Sabha got statutory • Statement 2 is correct: As per Article 94 of
recognition in 1977.He/she also entitled to get constitution He can be removed only by a
allowances, salary and other facilities resolution passed by the Lok Sabha by an
equivalent to cabinet minister. Effective majority (i.e, a majority of the total
members of the House present and voting
minus vacancies).
Q.6) Ans: C
• Statement 3 is incorrect: He can speak and
Exp: take part in the proceedings of the House while
● Statement 1 is incorrect: The date of election the resolution of his removal is in
of the Speaker is fixed by the President. The consideration and he can also vote at first
Speaker is elected by the Lok Sabha from instant.
amongst its members, whenever the office of
the Speaker falls vacant. Q.8) Ans: C
Exp:
 136

• Statement 1 is correct: Under the Rules of Lok adjournment motion and not President. The
Sabha, the Speaker nominates from amongst President issues the notification for
the members a panel of not more than ten prorogation of the session.
chairpersons.
• Statement 2 is incorrect: There is no head of Q.10) Ans: D
the panel of the chairpersons, any of them can Exp:
preside over the House in the absence of the • Statement 1 is incorrect: A bill pending in the
Speaker or the Deputy Speaker. Rajya Sabha and passed by the Lok Sabha
• Statement 3 is correct: The member of the lapses.
panel of chairpersons cannot preside over the • Statement 2 is correct: A bill passed by both
House if the office of the Speaker or Deputy Houses but returned by the President for
Speaker is vacant. Hence members of the panel reconsideration of the Houses does not lapse.
of the chairpersons can only preside over the • Statement 3 is incorrect: A bill pending in the
House in the absence of the Speaker or Deputy Lok Sabha lapses (whether originating in the
Speaker and not when the office is vacant. Lok Sabha or transmitted by the Rajya Sabha).
• Statement 4 is correct: When the office of the • Statement 4 is incorrect: A bill passed by both
Speaker or the Deputy speaker is vacant, Houses but pending for the assent of the
during such times, the Speaker’s duties are to President does not lapse.
be performed by such members of the House
as the President may appoint for the purpose. Q.11) Ans: B
Exp:
Q.9) Ans: C • Option a is incorrect: Quorum is the minimum
Exp: number of members required to be present in
• Statement 1 is incorrect:Adjournment motion the House before it can transact any business.
does not terminate session of house it only • Option b is correct: If there is no quorum in the
suspends the work in the sitting of house for a House during the meeting, it is the duty of the
specific time, which can be hours, days or presiding officer to adjourn the House or
week. On other hand Adjournment sine die suspend the meeting of the House until there
terminates a sitting of house for an infinite is a quorum.
period. • Option c is incorrect: In order to conduct a
• Statement 2 is correct: The maximum gap business at least 55 members in the Lok Sabha
between two sessions of Parliament cannot be and 25 members in Rajya Sabha should be
more than six months. In other words the present. As quorum is one-tenth of total
Parliament should meet twice a year. members in each House.
• Statement 3 is correct: Prorogation not only • Option d is incorrect: It is one-tenth of the
terminates a sitting but also a session of the total number of members in each House
House. The presiding officer (Speaker or including the presiding officer.
Chairman) declares the House adjourned sine
die, when the business of the session is Q.12) Ans: B
completed. Within the next few days the Exp:
President issues the notification for • Statement 1 is incorrect: The members of the
prorogation of the session.President can also House can challenge the opinion of the
prorogue the house while in session. Speaker on the decision of a question and the
• Statement 4 is incorrect: The presiding officer Speaker shall order that the lobby be cleared.
of the House (Speaker) passes the
 137

• Statement 2 is correct: On the first instance of minister to a matter of urgent public

challenge on the decision of the Speaker, the importance and not the adjournment motion.
question is reintroduced again after a lapse of • Statement 4 is incorrect: Adjournment
three minutes and thirty seconds. If the motion is used to draw attention of the House
decision of the speaker is challenged again on a definite matter of urgent public
then he/she directs that the votes should be importance and it needs 50 members support
recorded either by automatic vote recorder or to be admitted. It is also called an
by using Aye or No slips or by the member extraordinary device as it interrupts the
going into the lobbies. normal business of the House.

Q.13) Ans: D Q.15) Ans: D

Exp: Exp:
• Statement 1 is correct: A starred question Adjournment motion is used to draw attention
requires an oral answer and hence of the House on a definite matter of urgent
supplementary questions can be followed. public importance and it needs 50 members
• Statement 2 is incorrect: A short notice support to be admitted.But this motion also
question is asked by giving a notice of less than has some restrictions.
10 days and not 15 days also it is answered • Statement 1 is incorrect: It should not cover
orally. more than one matter of public importance
• Statement 3 is correct: An unstarred does and it should raise a matter which is definite,
require a written answer and hence factual, urgent and of public importance.
supplementary questions can be followed. • Statement 2 is incorrect: It should not be
• Statement 4 is correct: The first hour of every framed in general term and should be
parliamentary sitting is slotted for Question restricted to a specific matter of the general
Hour. During this time, the members ask public.
questions and ministers usually give answers. • Statement 3 is correct: It should not raise a
The questions are of three kinds, namely, matter of privilege.It should also not revive
starred, unstarred and short notice. discussion on matters that have already been
discussed in the same session.
Q.14) Ans: A • Statement 4 is correct: It should not deal with
Exp: any matter that is under adjudication by
• Statement 1 is correct: Unlike the question court.Also it should not raise any question that
hour, the zero hour is not mentioned in the can be raised by the distinct motion.
rules of Procedure. Thus it is an informal device
available with the members of the Parliament Q.16) Ans: B
to raise matters without any prior notice. Exp:
• Statement 2 is correct: The House expresses • Statement 1 is incorrect:Censure motion
its decisions or opinion on various issues needs to state the reason for its adoption in
through adoption or rejection of a motion the Lok Sabha.On other hand in No-
moved with the consent of the presiding Confidence motion there is no need to state
officer. Hence No discussion on matters of the reason for adoption
general public can take place unless a motion • Statement 2 is correct:No-Confidence motion
is made. can be moved against the entire council of
• Statement 3 is incorrect: Calling attention ministers only and not against an individual
motion is used to call the attention of the minister.Censure motion can be moved against
 138

an individual minister or a group of ministers Constitution that regulate the business of the
or against the entire council of minister. House.
• Statement 3 is correct: Censure motion is • Statement 3 is Incorrect: A Point of Order can
moved for censuring the council of ministers suspend the proceedings of the House.Point of
for specific policies and actions.On other hand order usually raised by an opposition member
No-Confidence motion is moved for for controlling the government.
ascertaining the confidence of Lok Sabha in the • Statement 4 is correct: A debate is not allowed
council of ministers. on the Point of Order, it is an extraordinary
device as it suspends the proceeding of the
Q.17) Ans: B House.
Exp:
• Statement 1 is correct: The address of the Q.19) Ans: C
President is discussed in both the House of the Exp:
Parliament on a motion called Motion of • Option A matches with Option 3: Substantive
Thanks, at the end of the discussion, the motion is a self-contained independent
motion is put to vote. If the motion is not proposal dealing with a very important matter
passed in the House it amounts to defeat of the like impeachment of the President or removal
government. of the Chief Election Commissioner.
• Statement 2 is incorrect: Motion of Thanks is • Option B matches with Option 4: Substitute
not a unique feature of the Parliament of India motion is moved in substitution of an original
but, it corresponds to the ‘speech from the motion and proposes an alternative to it. If
Throne in Britain’’, and is discussed in both adopted by the House, it supersedes the
Houses of the Parliament. original motion.
• Statement 3 is correct:The Speaker after • Option C matches with Option 1: Subsidiary
considering business of the House and in motion by itself has no meaning and cannot
consultation with the leader of the House or on state the decision of the House without
recommendation of the Business Advisory reference to the original motion or proceeding
Committee, allots a day or days or part of a day of the House.
for the discussion of the No-Day-Yet Motion.It • Option D matches with Option 2: In kangaroo
is a motion that has been admitted by the motion only important clauses are taken up for
speaker but no date has been fixed for its the debate and voting and the intervening
discussion clauses are skipped over and taken as passed.

Q.18) Ans: D Q.20) Ans: A

Exp: Exp:
• Statement 1 is correct: A member can raise a • Statement 1 is correct: Financial bills are
Point of Order when the proceedings of the those bills that deal with fiscal matters like
House do not follow the normal rules of revenue or expenditure. Financial bill can be
procedure. Money bill ( Article 110), Financial bill (I)
• Statement 2 is incorrect: The Point of Order (Article 117 (1)), Financial bill (II) (Article 117
cannot raise a question which is not in the (3)).
cognizance of the Speaker. It should relate to
the interpretation or enforcement of the Rules
of the House or such articles of the
 139

• Statement 1 is incorrect: Supreme Court ruled

that Since the constitution has given the
limited amending power to the parliament
and Parliament cannot use article 368
(amendment of constitution) for expanding its
amending power so as to acquire itself the
right to abrogate or repeal the constitution or
• Statement 2 is incorrect: All money bills are destroy the basic features of the constitution.
financial bills but all financial bills are not • Statement 2 is incorrect: Parliament can
money bills. Only those financial bills are amend any part of the constitution including
money bills which contain exclusively those the fundamental rights but without affecting
matters which are mentioned in Article 110. the basic structure of the Constitution.
• Statement 3 is incorrect:Money bills can be • Statement 3 is correct: In Kesavananda Bharati
introduced in the Lok Sabha only and they are case the Supreme Court considered the
certified by the speaker as a money bill. Money Mandate to build welfare is one of the basic
bill requires certification of speaker when features of the constitution.
transmitted to the Rajya Sabha from Lok
Sabha. Q.23) Ans: C
Exp:
Q.21) Ans: A ● Statement 1 is correct: The Parliament cannot
Exp: give preference to one state over another
• Option A matches with Option 2: When the except in case of scarcity of goods in any part
amount authorised by the Parliament through of India.
the appropriation act is found to be insufficient ● Statement 2 is incorrect:The state legislature
for the current financial year for a particular can impose reasonable restrictions on the
service Supplementary Grant is granted. trade, commerce and intercourse with that
• Option B matches with Option 3: Additional state or within the state but, a bill for this
Grant is granted when a need has arisen during purpose can be introduced in the legislature
the current financial year for additional upon only with the previous sanction of the
some new service not completed in the budget President.
for that year. ● Statement 3 is correct:The state legislature
• Option C matches with Option 1: It is granted can impose reasonable restrictions on the
when money has been spent on any service trade, commerce and intercourse with that
during a financial year in excess of the amount state or within the state in the public interest.
granted for that service in the budget for that
year. It is voted by the Lok Sabha after the
financial year. Q.24) Ans: D
• Option D matches with Option 4: An Exp:
Exceptional Grant is granted for a special
purpose and forms no part of the current • Statement 1 is correct :Under article 249 rajya
service of any financial year. sabha passes a resolution with ⅔ of members
present and voting. if rajya sabha declared as
Q.22) Ans: D it necessary in National interest that
Exp: Parliament should make laws in the matter of
state list.
 140

• Statement 2 is correct: Under article 250 disqualified for 6 years from the time of
during National emergency Parliament release.
acquires the power to legislate with respect to • Statement 3 is incorrect: Final authority to
matters in state list after the proclamation of take decision regarding the disqualification of
National emergency laws become inoperative a Member of parliament under RPA act 1951 is
on expiration of six months after emergency under the president, not speaker of lok sabha.
has ceased.
• Statement 3 is correct: Under article 252 when Q.27) Ans: D
the legislature of two or more states passes a Exp:
resolution requesting the Parliament to unite • Statement 1 is correct: Anti defection law is
on the matter of state list Parliament can make mentioned under this schedule.
laws for regulating that matter.

Q.25) Ans: B
Exp:
• Statement 1 is correct: The constitution has
not fixed the term of office of members of rajya
sabha and left it to the Parliament. According Disqualifications
to parliament in representation of peoples act • Voluntarily gives up the membership of
1951 provided that the term of office of political party on whose ticket is elected to the
member of rajya sabha She'll be 6 years.. house
• Statement 2 is Correct: Anglo-Indian reserved • if he votes or abstains from voting in such
seats in the Parliament and State Legislatures House contrary to any direction issued by his
of India were discontinued by the 104th political party without obtaining prior
Constitutional Amendment Act, 2019. permission of such party and such act has not
• Statement 3 is incorrect: The constitution of been condoned by the party within 15 days.
India has adopted a system of proportional • If Independently elected member join any
representation in case of election of Rajya political party
Sabha. Whereas in case of election of Lok • Statement 2 is incorrect:Nominated members
sabha it has adopted a system of territorial can join any political party without
representation. disqualification within six months from the
date on which he takes his seat in the House.
Q.26) Ans: B • Statement 3 is incorrect:The question of
Exp: disqualification under the tenth schedule is
• Statement 1 is incorrect: Holding any office of decided by the speaker in the case of lok sabha
profit under union or state government is and chairman in rajya sabha.
disqualification under the constitution not RPA • Statement 4 is correct: In 1992 supreme Court
1951. ruled the decision of chairman or speaker in
• Statement 2 is correct: The RPA, 1951 lays this regard is subject to judicial review.
down certain rules for disqualification of MPs
and MLAs. Q.28) Ans: B
• Section 8 (3) of the Act states that if an MP or Exp:
MLA is convicted for any other crime and is • Statement 1 is incorrect: It is a convention
sent to jail for 2 years or more, he/ she will be followed by Parliament it is not mentioned in
 141

the constitution and also not mentioned in the from date of its issue.But if the proclamation of
rules of the house nor in parliamentary statute. emergency is issued at a
• Statement 2 is correct:Every political party • time when the Lok Sabha has been dissolved or
whether ruling and opposition has only in the the dissolution of the Lok Sabha takes place
Parliament he is appointed by the political during the period of one month without
party to serve as an assistant floor leader. He approving the proclamation, then the
is charged with the responsibility of ensuring proclamation survives until 30 days from the
attendance of the party members in large first sitting of the Lok Sabha after its
numbers and securing the support in favour of reconstitution, provided the Rajya Sabha has in
the party. the meantime approved it hence there is no
exclusive power with rajya sabha for national
Q.29) Ans: A emergency.
Exp: • Statement b is incorrect: there is no exclusive
• Statement 1 is correct:Parliament alone can power for creation or abolition of state with
make extraterritorial legislation. The law of the the rajya sabha as it can be introduced in any
Parliament is also applicable to Indian citizens house of the parliament.
and their property in the rest of the world. • Statement c is incorrect:in the election of vice
• Statement 2 is incorrect:State legislature can president both elected and nominated
make laws for the whole or the part of the members of both houses of parliament take
state the laws made by state legislature are not part hence Rajya sabha has no exclusive
applicable outside the state.The laws made by power.
the state legislature are not applicable outside • Statement d is correct:Rajya Sabha in India’s
the state, except there is sufficient nexus Parliament has certain exclusive powers with
between the state and the object. respect to the following:
Q.30) Ans: A o Enable the parliament to make law on a
Exp: matter of state list
• Statement 1 is correct:Contingency fund was o Creation of new All India Services
constituted by the government under Article o Enforcing proclamation of emergency
267 of the Constitution of India. This fund is at when Lok Sabha is dissolved
the disposal of the President. A contingency o It alone can initiate a move for the removal
fund is cash or other assets reserved to deal of the vice president.
with unforeseen expenditure.The President
can make an advance out of it to meet Q.32) Ans: C
unforeseen expenditure pending its Exp:
authorization by the parliament. • Statement 1 is incorrect: The chairman should
• Statement 2 is incorrect:The fund is held by be a person having experience in public affairs.
the finance secretary of government of India It is a criteria for the Chairman of commission.
on the behalf of the president • Statements 2,3 and 4 are correct: The four
other members should be selected from
Q.31) Ans: D amongst the following:
Exp: 1. A judge of the high court or one qualified
• Statement a is incorrect:proclamation of to be appointed as one.
national emergency must be approved by the 2. A person who has specialised knowledge
both house of parliament within one month of finance and accounts of the
government.
 142

3. A person who has wide experience in integrity of India; iii) to faithfully discharge the
financial matters and in administration. duty upon which he is about to enter.
4. A person who has special knowledge of ● Statement 3 is incorrect: A person is liable to a
economics. penalty of Rs. 500 for each day he/she sits or
votes as a member in a House before taking
Q.33) Ans: D and subscribing to the prescribed oath or
Exp: affirmation.
● Statement 1 is correct: Out of 8 Union
Territories, only 3 have representation in the
Q.35) Ans: A
Rajya Sabha—Delhi (3), Puducherry (1), Jammu
Exp:
& Kashmir (4).
● Option A is incorrect: The quorum to
● Statement 2 is correct: The Constitution has
constitute a joint sitting is one-tenth of the
not fixed the term of office of a member of
total number of members of two houses.
Rajya Sabha. Article 83(1) of the Constitution
● Option B is correct: Joint sitting of the two
provides that “The Council of States shall not
houses of the Parliament cannot be held for
be subject to dissolution, but as nearly as
disagreement over the Constitution
possible one-third of the members thereof
Amendment Bill and Money Bill. In case of a
shall retire as soon as may be on the expiration
Constitution Amendment Bill, both houses of
of every second year in accordance with the
the Parliament have to pass it separately and
provisions made in that behalf by Parliament
in case of Money Bill, Lok Sabha has been given
by law.” The Representation of Peoples’ Act,
greater powers.
1951 provides that the term of office of a
● Option C is correct: Chairman of Rajya Sabha
member of Rajya Sabha shall be six years.
does not preside over a joint sitting as he is not
● Statement 3 is correct: In order to prevent
a member of either House of Parliament.
cross-voting, an open ballot system was
● Option D is correct: A Bill not passed by the
introduced in 2003. Each party MLA has to
two Houses of the Parliament due to
show his/her marked ballot to the party’s
disagreement and if the President has notified
nominated agent before putting it into the
the holding of a joint sitting, before the
ballot box.
dissolution of Lok Sabha, does not lapse.

Q.34) Ans: D
Exp: Q.36) Ans: B
● Statement 1 is incorrect: Every member of Exp:
either house of the parliament has to make ● Statement 1 is correct: Introduction of a
and subscribe an oath or affirmation according private member’s Bill requires one month’s
to the form set out for the purpose in the Third notice for the House Secretariat to examine it
schedule before the President or any person for compliance with constitutional provisions
appointed by him on this behalf. and rules on legislation. Public Bill requires
● Statement 2 is incorrect: The President only seven days’ notice.
subscribes to the oath “To preserve, protect ● Statement 2 is correct: A Public Bill can be
and defend the Constitution and the law”. A introduced and discussed on any day, a Private
member of parliament swears: i) to bear true Bill can only be introduced and discussed on
faith and allegiance to the Constitution of Fridays.
India; ii) to uphold the sovereignty and
 143

● Statement 3 is incorrect: Both Public Bill and ● Statement 1 is correct: The President cannot
Private Bill can propose a Constitutional return a Money bill for reconsideration that
Amendment. has been passed by the Parliament and state
legislature. However, in both cases he/she can
give his/her assent to the Bill or withhold
Q.37) Ans: D
his/her assent
Exp:
● Statement 2 is incorrect: Both the Houses of
● Statement 1 is correct: The Adjournment
the Parliament (Lok Sabha and Rajya Sabha)
motion is introduced to draw the attention of
have been provided equal powers with respect
the House to a definite matter of urgent public
to passage of ordinary Bills. But the State
importance and needs the support of 50
Legislative Assembly has been provided
members to be admitted.
overriding powers with respect to passage of
● Statement 2 is correct: It involves an element
ordinary Bill in relation to the State Legislative
of censure against the government and hence,
Council. When a Bill, which has originated in
Rajya Sabha is not permitted to make use of
the legislative council and sent to the
this device.
legislative assembly, is rejected by the latter,
● Statement 3 is correct: When the motion is
the Bill ends and becomes dead. A Bill
being discussed that is, from the hour the
originating in legislative assembly and sent to
discussion on an adjournment motion has
legislative council can be withheld for
commenced to the time the motion is disposed
maximum 4 months.
of, the Speaker has no power to adjourn the
● Statement 3 is correct: Article 108 of the
House for the day because during that time the
Constitution provides for joint sitting of the
power vests in the House to take a decision on
two Houses of the Parliament in case of
its adjournment.
disagreement over the passage of a Bill.
However, the Constitution does not provide
Q.38) Ans: D
for the mechanism of joint sitting of two
Exp:
houses of the state legislature to resolve a
● Statement 1 is incorrect: Parliament can make
deadlock between them over the passage of a
a law on the State List when Rajya Sabha,
bill.
under Article 249, declares that it is necessary
in the national interest. Article 250 provides
Q.40) Ans: C
power to Parliament to legislate with respect
Exp:
to matters in the State List, while a
• Statement 1 is incorrect: The Speaker is
proclamation of national emergency is in
provided with security of tenure. He can be
operation.
removed by a resolution passed by a majority
● Statement 2 is incorrect: Such a resolution
of all the then members of the Lok Sabha
must be supported by two-thirds of members
(effective majority, not absolute). Such a
present and voting.
resolution can be moved only after giving 14
● Statement 3 is incorrect: Such a resolution
days’ advance notice. The motion for removal
remains in force for one year and it can be
can be considered and discussed only when it
renewed any number of times but not
has the support of at least 50 members.
exceeding one year at a time.
• Statement 2 is incorrect: The Speaker holds
Office from the date of election till
Q.39) Ans: C
immediately before the first meeting of the
Exp:
next Lok Sabha. The speaker once elected is
 144

eligible for re-election. Whenever the Lok of India and not the Speaker Pro Tem. When
Sabha is dissolved, the Speaker does not the new Speaker is elected by the House, the
vacate his office and continues till the newly- office of the Speaker Pro Tem ceases to exist.
elected Lok Sabha meets.
• Statement 3 is correct: Salaries and allowances Q.42) Ans: B
of the Speaker are fixed by the Parliament. Exp:
They are charged on the Consolidated Fund of • Statement 1 is correct: Adjournment sine die
India and thus are not subject to the annual refers to terminating a sitting of Parliament for
vote of Parliament. an indefinite period. In other words, when the
House is adjourned without naming a day for
Extra edge by PW Only IAS
reassembly, it is called adjournment sine die.
History of the office of speaker: The power of adjournment as well as
adjournment sine die lies with the presiding
● The office of Speaker and Deputy Speaker
officer of the House.
originated in India in 1921 under the
• Statement 2 is incorrect: The presiding officer
provisions of the Government of India Act of
(Speaker or Chairman) declares the House
1919 (Montague-Chelmsford Reforms).
adjourned sine die when the business of a
● At that time, the Speaker and the Deputy
session is completed. Within the next few days,
Speaker were called the President and Deputy
the President issues a notification for
President respectively and the same
prorogation of the session. Prorogation not
nomenclature continued until 1947.
only terminates a sitting but also a session of
● The nomenclatures of President and Deputy
the House. The President can also prorogue
President to the Speaker and Deputy Speaker
the House while in session.
respectively were changed by the Government
of India Act of 1935. • Statement 3 is correct: Under Article 107 (3) of
the Constitution, a bill pending in Parliament
shall not lapse by reason of the prorogation of
Q.41) Ans: C the Houses. Under Rule 336 of the Lok Sabha,
Exp: a motion, resolution or an amendment, which
• Statement 1 is correct: As provided by the has been moved and is pending in the House,
Constitution, the Speaker of the last Lok Sabha shall not lapse by reason only of the
vacates his office immediately before the first prorogation of the House.
meeting of the newly-elected Lok Sabha.
Therefore, the President appoints a member of Q.43)Ans:C
the Lok Sabha, usually the senior most Exp:
member, as the Speaker Pro Tem. The • Statement 1 is correct: The constitution of
President himself administers oath to the India provides for a Contingency Fund of India
Speaker Pro Tem under Article 267. It was established by the
• Statement 2 is correct: The Speaker Pro Tem Contingency Fund of India Act in 1950 by the
has all the powers of the Speaker. He presides parliament. The Parliament has enacted it. The
over the first sitting of the newly-elected Lok fund is authorized by the constitution of India,
Sabha. His main duty is to administer oaths to into which amounts determined by the law are
the new members. He also enables the House paid from time to time
to elect the new Speaker. • Statement 2 is incorrect: The fund is placed at
• Statement 3 is incorrect: The date of election the disposal of the president, and he can make
of the speaker is determined by the President advances out of it to meet unforeseen
 145

expenditure pending its authorization from the Comptroller and Auditor General of India
parliament. The fund is held by the finance (CAG). On the other hand, the Committee on
secretary on behalf of the president. Like the Public Undertaking (CPA) scrutinizes the Audit
public account of India, It is also operated by Report on Public Undertaking as submitted by
executive action. the CAG. PAC examines the accounts showing
• Statement 3 is correct: The money spent from the appropriation of the sums granted by the
the Contingency Fund is again re-appropriated House to meet the expenditure, the annual
from the Consolidated Fund, which needs Finance Accounts of the government and, Such
parliamentary approval. other accounts laid before the House as the
Committee may think fit.
Q.44) Ans: D • Statement 2 is incorrect: Both PAC and CPA
Exp: consist of 22 members of which not more than
• Statement 1 is correct: These committees are 15 belong to Lok Sabha and not more than 7
normally constituted after the new Lok Sabha belong to the Rajya Sabha. Further members
is constituted, after General Elections for the are elected by the respective houses on the
Lok Sabha. In other words, these committees basis of proportional representation by
shall stand dissolved upon dissolution of every means of a single transferable vote. Thus, all
Lok Sabha and shall be reconstituted upon the parties get due representation in it. The term
constitution of each Lok Sabha. These of office of the members is One year.
committees provide a forum for informal
discussions between the ministers and the Q.46) Ans: B
members of parliament on policies and Exp:
programmes of the government and the About Adjournment Motion:
manner in which they are being implemented. • Adjournment motion is introduced only in the
• Statement 2 is correct: Consultative Lok Sabha to draw attention of the house to a
committees are constituted by the Ministry of definite matter of urgent public matter. It is an
Parliamentary affairs and are attached to extraordinary device as it interrupts the
various ministries or departments of the normal business of the House and needs the
Central Government. They consist of members support of 50 members to be admitted.
of both the Houses of Parliament. The • The discussion on an adjournment motion
Minister/Minister of State in charge of the should last not for less than two hours and
Ministry concerned acts as the chairman of the thirty minutes.
consultative committee of that ministry • The adjournment motion should not raise a
• Statement 3 is correct - The membership of question of privilege. It should not revive
these committees is voluntary and is left to the discussion on a matter that has been discussed
choice of the members and the leaders of their in the same session. It should not deal with any
parties. The maximum membership of a matter that is under adjudication by court
committee is 30 and the minimum is 10. • It involves an element of censure against the
government and hence Rajya Sabha is not
Q.45) Ans: A permitted to make use of this device.
Exp:
• Statement 1 is correct: Public Account Q.47) Ans: C
Committee (PAC) scrutinizes the Audit Report Exp:
on Appropriation Account and the Audit About Censure Motion
Report on Finance Account as submitted by
 146

● It can be moved against any individual minister existence since 1954. It is mentioned in the
or a group of ministers or the entire council of Rules of Procedure.
ministers. A censure means an expression of
strong disapproval or harsh criticism. A Q.48) Ans: B
censure motion can be moved in the lower Exp:
house of the parliament or in a state assembly • Statement 1 is incorrect: Indian Parliamentary
in India. Group is an autonomous body formed in the
● Censure motion is moved for censuring the year 1949 in pursuance of a motion adopted by
council of ministers for specific policies and the Constituent Assembly
motions. No one from the council of ministers • Statement 2 is correct: Membership of IPG is
needs to resign if the motion is passed in the open to all members of Parliament. Former
parliament. members of Parliament can also become
● Other important motions in Parliament: associate members of the Group, but are
entitled to limited rights only. For example,
they are not entitled to representation at
meetings and conferences of the IPU and the
CPA and they are also not entitled to the travel
concessions provided to members by certain
branches of the CPA
o No-Confidence Motion: The Council of • Statement 3 is incorrect: Speaker of The Lok
Ministers stays in office so long as it enjoys Sabha is the ex officio president of the Group.
the confidence of the majority of the The Deputy Speaker of the Lok Sabha and the
members of the Lok Sabha (Article 75). The Deputy Chairman of the Rajya Sabha are the ex
Lok Sabha can remove the ministry from officio vice-presidents of the Group. The
office by passing a no-confidence motion. Secretary-general of the Lok Sabha acts as the
The motion needs the support of 50 ex officio Secretary-General of the Group.
members to be approved. It can be moved • Statement 4 is correct. The aims and
against the entire council of ministers objectives of the Group are mentioned below:
only. o Promoting personal contacts between
o Privilege Motion: It is concerned with the members of the Parliament of India.
breach of parliamentary privileges by a o Studying questions of public importance
minister. It is moved by a member when he that are likely to come up before the
feels that a minister has committed a Parliament; arrange seminars, discussions
breach of privilege of the House or one or and orientation courses; and bring out
more of its members by withholding facts publications for the dissemination of
of a case or by giving wrong or distorted information to the members of the Group.
facts. Its purpose is to censure the o Arranging lectures on political, defense,
concerned minister. economic, social and educational
o Calling Attention Motion: It is introduced problems by the members of the
in the Parliament by a member to call the Parliament and distinguished persons.
attention of a minister to a matter of o Arranging visits to foreign countries with a
urgent public importance and to seek an view to develop contacts with members of
authoritative statement from him on that other parliaments.
matter. It is an Indian innovation in the
parliamentary procedure and has been in
 147

Q.49) Ans : C member of the Rajya Sabha shall be six years.

Exp: The act also empowered the president of India
For the purpose of holding direct elections to the to curtail the term of members chosen in the
Lok Sabha, each state is divided into territorial first Rajya Sabha. In the first batch, it was
constituencies. In this respect, the Constitution decided by lottery as to who should retire.
makes the following two provisions: ● Further, the act also authorised the President
to make provisions to govern the order of
● Statement 1 is correct: Each state is allotted a
retirement of the members of the Rajya
number of seats in the Lok Sabha in such a
Sabha.
manner that the ratio between that number
and its population is the same for all states.
This provision does not apply to a state having Q.51) Ans: A
a population of less than six millions. Exp:
Constitution ensures that there is uniformity About No-Confidence Motion
of representation between the different ● Art. 75: Council of Ministers shall be
states collectively responsible to the Lok Sabha. This
● Statement 2 is correct: Each state is divided principle is the bedrock of parliamentary
into territorial constituencies in such a democracy. Ministry stays in office till they
manner that the ratio between the enjoy confidence of the majority of the
population of each constituency and the members of the Lok Sabha
number of seats allotted to it is the same ● No-Confidence Motion is not mentioned in the
throughout the state. The Constitution Constitution, is moved under Rule 198 of rules
ensures that there is uniformity between the of procedure and can be moved only in Lok
different constituencies in the same state. Sabha.
● Needs support of 50 members, no need to
state the reasons for its adoption.
Q.50) Ans: D
● The governments formed with wafer-thin
Exp:
majority have been called upon by the
About the Rajya Sabha
President to prove their majority on the floor
● Duration of The Rajya Sabha (first constituted
of the House. The government of the day,
in 1952) is a continuing chamber, that is, it
sometimes, on its own, seeks to prove its
is a permanent body and not subject to
majority by moving a motion of confidence
dissolution. However, one-third of its
and winning the confidence of the House.
members retire every second year.
If the confidence motion is negative, it
● Their seats are filled up by fresh elections
results in the fall of the government.
and presidential nominations at the
● No-Confidence Motion is moved only against
beginning of every third year.
the entire CoM (Not against individual/ group
● The retiring members are eligible for re-
of ministers) and if passed, the CoM must
election and renomination any number of
resign from office.
times.
● The Constitution has not fixed the term of
office of members of the Rajya Sabha and left Q.52) Ans : A
it to the Parliament. Exp:
● Accordingly, the Parliament in the ● Statement 1 is incorrect: According to the
Representation of the People Act (1951) Constitution, the Speaker of the last Lok Sabha
provided that the term of office of a vacates his office immediately before the first
 148

meeting of the newly-elected Lok Sabha.

Speaker pro-Tem institution facilitates the
transition of the institution from old ones to
newly elected members. He also enables the
House to elect the new Speaker. Therefore, the
President appoints a member of the Lok Sabha
as the Speaker Pro-Tem. Usually, the senior
most member is selected for this.

● Statement 2 is correct: The President himself

administers the oath to the Speaker Pro Tem.
He presided over the first sitting of the newly-
elected Lok Sabha. Main onus of Speaker Pro-
Tem is to administer oaths to the new
members. The Speaker Pro Tem has all the
powers of the Speaker. This office is a
temporary office, when the new Speaker is
elected by the House, the office of the Speaker
Pro Tem ceases to exist.
 149

Subordinate Courts, Tribunals Gram Nyayalaya Act, National and State Legal
Service Authority
• Statement 3 is incorrect: District judges have
Q.1) Ans: D full power to award the sentence of life
Exp: imprisonment or the sentence of death (capital
• Statement 1 is incorrect: The Constitution in punishment), however, a sentence of death
Articles 233 to 237 under Part VI explicitly passed by a District Judge requires the
mentions about the organization of the confirmation by the High Court, irrespective of
subordinate courts. appeal or not.
• Statement 2 is incorrect:The control over all
the subordinate courts in the district lies with Q.3) Ans: C
the high court of state.High court also deals Exp:
with the posting, promotions, grant of leave • Statement 1 is incorrect: The jurisdiction,
and transfer of members of judicial service of nomenclature and the organization of the
state and person holding post inferior to the subordinate courts are decided by the
post of district judge. respective state government. Hence, there
may be slight variation from one state to
another.
Q.2) Ans: B
• Statement 2 is incorrect: District Judge is a
Exp:
judicial officer of the state and hence enjoys
• Statement 1 is correct: As per Article 233 of
original and appellate jurisdiction in case of
the Indian Constitution, the District Judge is
both civil and criminal matters. Appeals on the
appointed by the Governor of the state in
orders of District Judge lies only with the High
consultation with the state High Court. Also,
Court of the State.
the promotion and posting of the District Judge
is done in the same manner.
Q.4) Ans: D
• Statement 2 is incorrect: The matters
Exp:
regarding the promotion and posting of all
• Statement 1 is correct: The original
persons below the rank of the District Judge
Constitution did not contain provisions
are done with the High court of the state.
regarding the Tribunals. It was added by the
Whereas regarding the appointment, posting
42nd Constitutional Amendment Act, 1976.
and promotion of the District Judge are done
The provisions regarding the Tribunal are
by the Governor of the State in consultation
found in the Articles 323A and 323B of the Part
with the High Court of the State.
XIV-A of the Constitution. Article 323A deals
with the Administrative Tribunals whereas
Article 323B deals with Tribunals for other
matters.
• Statement 2 is incorrect: As per the Article
323A Parliament (and not central govt.) is
empowered to establish Tribunals for the
adjudication of the disputes regarding the
service conditions of the civil servants. The
Parliament enacted the Administrative
Tribunals Act, 1985 which enabled the Central
Government to establish the Central
 150

Administrative Tribunals and the State ● Statement 1 is incorrect: The final judgement
Administrative Tribunals for the relief of the and orders of civil courts can be executed
civil servants. anywhere within India without any fresh suit
• Statement 3 is correct: upon the judgement. In other words the court
The Central Administrative Tribunals is guided of a state does not require to enforce the penal
by the principles of Natural Justice and not by laws of another state.
the procedure mentioned as per the Civil ● Statement 2 is correct: Above rule is applicable
Procedure Code, 1908. only to civil judgment not to criminal
• Statement 4 is incorrect: The Administrative judgement.Hence Only the civil court
Tribunals Act, 1985 also empowered the judgements are capable of execution
Central Government to set up tribunals for the anywhere within India and not the criminal
states, i.e., the State Administrative Tribunal court judgements.
(SAT) on the request of the state government ● Statement 3 is correct: In order to execute the
concerned. Currently, such tribunals are civil laws of any state the court of another state
functional in nine states of India, Andhra does not require to enforce the penal laws of
Pradesh, Himachal Pradesh, Odisha, the state.
Karnataka, Maharashtra, Madhya Pradesh, ● Statement 4 is incorrect:The civil judgements
Kerala, West Bengal, and Tamil Nadu. The of any court and not just High court is not
Tribunals have been established and removed limited to its jurisdiction and can be executed
from the states from time to time. The Act also anywhere in India.
provides for the establishment of a Joint
Administrative Tribunal (JAT) for two or more Q.7) Ans: A
states. Exp:
• Statement 1 is correct: National Legal Services
Authority (NALSA) is a statutory body
Q.5) Ans: C
established under the Legal Services Authority
Exp:
Act, 1987 to provide free, inclusive, and fair
• Option 1,3 and 5 are correct and statements
justice to the marginalized and the
2and 5 are incorrect : The provisions regarding
disadvantaged section of the society.
the Tribunal are found in the Articles 323A and
• Statement 2 is correct: strengthening the
323B of the Part XIV-A of the Constitution.
system of LokAdalats and other Alternative
Article 323A deals with the Administrative
Dispute Mechanisms are important functions
Tribunals whereas Article 323B deals with
of NALSA
Tribunals for other matters. The Jurisdiction of
• Statement 3 is incorrect: Women/Children,
the Central Administrative Tribunals extend to
members from SC/ST, Industrial workmen,
the following: All India service employees,
Disabled persons, persons in custody, Victims
Central Civil Services, civil posts under the
of mass disasters, victims of trafficking and
defense services. The members of the defense
those with annual income less than 1 lakh are
forces, secretarial staff of the Parliament and
entitled to legal protection under the NALSA.
the officers and staff of the Supreme Court are
• Statement 4 is correct: Secretary, Department
not covered under the jurisdiction of the
of Justice under the Ministry of Law and Justice
Tribunals.
and Secretary, Department of Expenditure
under the Ministry of Finance are the ex-officio
Q.6) Ans: B
members of the NALSA.
Exp:
 151

Q.8) Ans: A Court. It is not bound by the Indian Evidence

Exp: Act, 1872.
• Statement 1 is correct:Gram Nyayalayas were
established under the Gram Nyayalayas Act, Q.10) Ans: D
2008 to provide for justice at the grassroot Exp:
level. It provides speedy and inexpensive ● Statement 1 is incorrect: 42nd Constitutional
justice to the poor and is established on the Amendment Act, 1976 inserted Article 323A
recommendations of the Law Commission. and 323B into the Constitution that provides
for establishment of tribunals for
administrative purpose and for other
purposes.
● Statement 2 is incorrect: Under Section 17 of
Administrative Tribunals Act, 1985 Tribunals
have power to punish for contempt.
● Statement 3 is incorrect: Administrative
tribunals under Article 323A of the
• Statement 2 is incorrect: Gram Nyayalayas are
established by the State Government in Constitution can be created by the Parliament
only. However, under Article 323 B, the
consultation with the state High Courts.
Parliament and the State legislatures are
Q.9) Ans: D allowed to establish tribunals for adjudication
Exp: of disputes related to taxation, foreign
exchange, imports and exports etc.
• Option A is incorrect: Appeals in the civil cases
from the Gram Nyayalayas lie with the District
Court while those in criminal cases lie with the Q.11) Ans: A
Session Court. These appeals are to be Exp:
disposed off within a period of six months from About Central Administrative Tribunal
the date of their filing. Hence, appeals do not The Central Administrative Tribunal had been
lie with the High Court directly. established under Article 323-A of the
• Option B is incorrect: The presiding officer of Constitution. It was set up in 1985 with the
the Gram Nyayalaya is appointed by the principal bench at Delhi and additional benches
concerned state government in consultation in different states. At present, it has 17 regular
with the High Court of the state and not by the benches, 15 of which operate at the principal
Governor. seats of high courts and the remaining two at
• Option C is incorrect: Gram Nyayalayas are Jaipur and Lucknow.
established for every Panchayat at the
The CAT exercises original jurisdiction in
intermediate level or the contiguous
relation
panchayats at the intermediate level at the
district level. In case there is no Panchayat at ● For adjudication of disputes and complaints
the intermediate level, it is established for a with respect to recruitment and all service
group of contiguous Panchayats. matters of public servants covered by it
• Option D is correct: Gram Nyayalayas are ● To recruitment and conditions of service of
guided by the principles of natural justice and persons appointed to public services and posts
the rules made by the concerned state High in connection with the affairs of the Union or
 152

other authorities under the control of the opportunity. Article 14 and Article 22 (1),
Government obligates the State to ensure equality before
● Its jurisdiction extends to the all-India law.
services, the Central civil services, civil posts ● Statement 2 is correct: In the year 1987, the
under the Center and civilian employees of Legal Services Authorities Act was enacted
defense services. by the Parliament which came into force on
● However, the members of the defense 9th November, 1995 to establish a
forces, officers and servants of the Supreme nationwide uniform network for providing
Court and the secretarial staff of the free and competent legal services to the
Parliament are not covered by it. weaker sections of the society on the basis
of equal opportunity. The National Legal
Q.12) Ans: B Services Authority (NALSA) has been
Exp: constituted under the Legal Services
● Statement 1 is incorrect: Article 323 A Authorities Act, 1987 to monitor and
empowers the Parliament to provide for the evaluate implementation of legal aid
establishment of administrative tribunals for programmes and to lay down policies and
the adjudication of disputes relating to principles for making legal services available
recruitment and conditions of service of under the Act.
persons appointed to public services of the
Centre, the states, local bodies, public Q.14) Ans: C
corporations and other public authorities. It
Exp:
enables the Parliament to take out the
adjudication of disputes relating to service District Judge
matters from the civil courts and the high
Articles 233 to 237 in Part VI of the Constitution
courts and place it before the administrative
make the following provisions to regulate the
tribunals.
organization of subordinate courts and to ensure
● Statement 2 is correct: The Central
their independence from the executive.
Administrative Tribunal is not bound by the
procedure laid down in the Civil Procedure A person to be appointed as district judge
Code of 1908. It is guided by the principles should have the following qualifications:
of natural justice. These principles keep the
● He should not already be in the service of
Central Administrative Tribunal flexible in
the Central or the state government.
approach. Only a nominal fee of ₹50 is to
● He should have been an advocate or a
be paid by the applicant. The applicant may
pleader for seven years.
appear either in person or through a lawyer.
● He should be recommended by the high
court for appointment.
Q.13) Ans: C
● Appointment of persons (other than district
Exp:
judges) to the judicial service of a state are
● Statement 1 is correct: The Directive Principles
made by the governor of the state after
of State Policy of India are the guidelines or
consultation with the State Public Service
principles given to the institutes for governing
Commission and the high court.
the State of India. Article 39 A of the
Constitution provides for free legal aid to the
Q.15) Ans: B
poor and weaker sections of the society, to
promote justice on the basis of equal Exp:
 153

● Statement 1 is incorrect: The state judiciary Q.17) Ans: C

consists of a high court and a hierarchy of Exp:
subordinate courts, also known as lower ● Statement 1 is incorrect: The Court of the
courts. Articles 233 to 237 in Part VI of the District Judge is the highest civil court in a
Constitution make the following provisions district to deal with civil cases. Very often the
to regulate the organization of subordinate same court is called the Court of District and
courts and to ensure their independence Sessions Judge, when it deals with both civil
from the executive. The appointment, and criminal cases at the district level. The
posting and promotion of district judges in judge of this court is appointed by the
a state are made by the governor of the Governor of the State.
state in consultation with the high court. ● Statement 2 is correct: Below the Court of
● Statement 2 is correct: Appointment of District Judge, there may be one or more
persons (other than district judges) to the courts of sub judges in the district. Separate
judicial service of a state are made by the family courts, which are equal to sub judge,
governor of the state after consultation with have been established in districts to exclusively
the State Public Service Commission and the hear cases of family disputes, like divorce,
high court. The control over posting, custody of children, etc. Below them there are
promotion and leave of persons belonging courts of munsifs and small causes courts
to the judicial service of a state is vested in which decide cases involving petty amounts.
the high court. No appeal can be made against the decisions
of the small causes courts. All these courts hear
Q.16) Ans: D and settle civil disputes.
Exp:
● Civil Jurisdiction of District Judge:-
Students Note
o The principal Court of Civil Jurisdiction is
the Court of District Judge at the District
level.
o It has both original as well as appellate
Jurisdiction.
o In the original Side the District Judge has
the jurisdiction of unlimited valuation.
o In the appellate side the District Judge has
the Jurisdiction of limited valuation , he
can hear the appeals from the order of Civil
Judge (SD) and Civil Judge(JD) of the cases
having valuation up to Rs.5 lacs.
o The District Judge has the revisional
Jurisdiction.
o The District Judge can transfer the cases to
the Additional District Judge.
o The District Judge can assign the
administrative power among the Judicial
officer
 154

State Legislature
instance, some states have bicameral
Q.1) Ans: C legislature while others have a single house.
Exp: ● Statement 2 is incorrect: The chairman of the
● Statement 1 is incorrect: The chief minister state legislative council is not nominated by
and other ministers are appointed by him and the governor. The chairman is elected by the
they hold office during his pleasure. The house from among its own members.
Constitution prescribes that a tribal welfare ● Statement 3 is incorrect: If a person is elected
minister in the states of Jharkhand, to both the houses of legislature the seat in
Chhattisgarh Madhya Pradesh and Orissa will one of houses falls vacant as prescribed in law
be appointed by him. The provision to appoint of state legislature
tribal welfare ministers in Bihar has now been
deleted.
● Statement 2 is correct: The advice tendered by Q.4) Ans: A
ministers to the Governor cannot be inquired Exp:
in court of law. It shows the intimacy and ● Statement 1 is correct: As per the Constitution
closeness in the relationship between Parliament has the final power of providing the
Governor and Council of Ministers. composition of state legislative council.
● Statement 3 is incorrect: A minister cannot be ● Statement 2 is correct: the total members in
removed as per the whims and fancy of the the legislative council of a state shall not
Governor. A minister can be removed by the exceed one third of the total number of the
Governor on the recommendation of Chief members in the legislative Assembly of that
Minister state and the total number of members in the
legislative council of a state shall in no case be
less than 40.
Q.2) Ans: C ● Statement 3 is incorrect: One sixth are
Exp: nominated by the Governor from persons
● Statement 1 is incorrect: The Governor does having knowledge or practical experience in
not decide upon the salaries and allowances of fields such as literature, science, arts, the co-
the state council of Ministers. It is the State operative movement and social services. The
Legislature that decided upon it Governor’s nomination to council cannot be
● Statement 2 is incorrect: Dissolution of the challenged in court of law
House does not lead to immediate removal of
the Council of Minister from the office. The
Council of Minister continues as a caretaker Q.5) Ans: B
government until the new council of minister Exp:
does not take the oath of office. ● Statement 1 is correct: A member of the state
legislature can be disqualified under
Representation of Peoples Act, 1951. The
Q.3) Ans: D decision on this is taken by the Governor as per
Exp: advice of the Election Commission.
● Statement 1 is incorrect: There is no ● Statement 2 is incorrect: The disqualification
uniformity across the country when it comes under Anti Defection Law is decided by the
to organisation of state legislature. For Speaker. However the speaker acts as a
 155

tribunal in this case and does not require the Q.8) Ans: B
recommendation of the Election Commission. Exp:
● Statement 1 is incorrect: The constitution
doesn't explicitly mention the term of the
Q.6) Ans: D
members of the finance commission. It only
Exp:
puts an obligation on the President to
The office of the Speaker is a Constitutional
constitute a 5 member Finance Commission by
Office. Powers are vested in the office of the
order at the expiration of every fifth year or
Speaker to help her/him in the smooth
earlier. However, according to THE FINANCE
conduct of House
COMMISSION (MISCELLANEOUS
● Statement 1 is incorrect: The Speaker is a PROVISIONS) ACT, 1951 every member of the
representative of the State Legislative Commission shall hold office for such period
Assembly. In order to maintain continuity of as may be specified in the order of the
house The Speaker holds office until newly President. Thus, there is no fixed term of
elected members of house meets with the pro office for members of the Finance
team speaker as presiding officer. Commission
● Statement 2 is incorrect: The Speaker of the ● Statement 2 is correct: THE FINANCE
legislative assembly resigns by writing a COMMISSION (MISCELLANEOUS
resignation to the Deputy Speaker of the state PROVISIONS) ACT, 1951 stipulates that the
legislative Assembly. chairperson of the commission shall be
● Statement 3 is incorrect: The Pro tem Speaker selected from among persons who have had
is a temporary speaker appointed for a experience in public affairs. According to the
limited period of time. Even the office is act, the four other members shall be selected
temporary in nature Protem Speaker is from among persons who :
provided with all the powers that is given to a o are, or have been, or are qualified to be
Speaker’s appointed as Judges of a High Court; or
o have special knowledge of the finances
and accounts of Government; or
Q.7) Ans: A o have had wide experience in financial
Exp: matters and in administration; or
● Statement 1 is correct:Adjournment sine die o have special knowledge of economies.
(from the Latin "without day") means "without ● Statement 3 is incorrect: the constitution is
assigning a day for a further meeting or silent on whether or not the members of the
hearing". To adjourn an assembly sine die is to finance commission are eligible for
adjourn it for an indefinite period. reappointment. However, according to
● Statement 2 is incorrect:A few days after the Section 6 of the act (mentioned above), every
House is adjourned sine die by the presiding member of the Commission shall be eligible
officer, the President issues a notification for for reappointment.
the prorogation of the session. However, the
Extra edge by PW OnlyIas
President can also prorogue the House when
15th finance commission:
the house is in session.
• It has recommended maintaining the
vertical devolution at 41% - the same as in
its interim report for 2020-21.
 156

o It is at the same level of 42% of the • Statement 2 is incorrect:This is not deemed as

divisible pool as recommended by the an amendment of the Constitution for the
purpose of Article 368.
14th Finance Commission.
o It has made the required adjustment of • Statement 3 is incorrect:. The resolution for
about 1% due to the changed status of abolition of the state legislative Council must
the erstwhile State of Jammu and be passed by legislative assembly by special
Kashmir. majority.
• For Horizontal Devolution, refer to the
infographic here. Q.11) Ans: D
Exp:
• Statement 1 is incorrect: The Constitution has
fixed only the maximum and the minimum
number of seats in the state legislative council.
The actual total strength of the legislative
council is decided by the Parliament. To ensure
that the legislative council remains
subordinate to the Assembly, the maximum
strength of the Council lies between 40 to one-
third of the total seats in the Assembly.
• Statement 2 is incorrect: The Composition of
the legislative council as provided by the
Constitution can be altered or modified by the
Parliament by enacting a law. So far, there has
Q.9) Ans: D not been such modification made by the
Exp: Parliament.
• Statement 1 is incorrect:One sixth members • Statement 3 is incorrect: As per the
of the legislative Council are nominated by the Constitution, of the total number of seats in
Governor from persons having knowledge or the legislative council,
practical experience in fields such as literature, 1. One-third are to be elected by the
science, arts, the co-operative movement and members of the state legislative assembly.
social services. A person must be a resident of 2. One-third are to be elected by the
the state for being eligible to be nominated as members of the local bodies like
a member of the legislative Council. municipalities, district boards, etc.
• Statement 2 is incorrect:The quorum in the 3. One-twelfth are to be elected by the
state legislative Assembly, including the graduates with three years standing who
speaker, is 10% of total strength of house or at are the residents of the state.
least 10 members, whichever is greater. 4. One-twelfth are to be elected by the
teachers not below the secondary level of
Q.10) Ans:D three years standing.
Exp: 5. One-sixth are to be nominated by the
• Statement 1 is incorrect:The power of Governor from those who have special
abolition and creation of the State legislative knowledge or practical experience in
council is vested in Parliament of India, The literature, science, art, cooperative
Resolution to create a legislative council needs movement, and social service.
to be passed in parliament by simple majority.
 157

Q.12) Ans: A • Statement 3 is incorrect: It is not necessary in

Exp: the Indian context for the Speaker to cease the
• Statement 1 is correct: As per the Constitution membership of the Party from which he got
of India, a person holding any office of profit elected to the House on being appointed as a
under the Union or the State except the Speaker. However, the office of Speaker is non-
minister or any office exempted by the state partisan and he votes only in case of a tie.
legislature is disqualified from being appointed
as a member of the legislative assembly or the Q.14) Ans: B
council. Exp:
• Statement 2 is incorrect: This disqualification • Option A is correct: In case of matters
is mentioned in the Representation of People regarding the enlargement of the jurisdiction
of Act, 1951 and not in the Constitution. A of the State Public Service Commission, the
member may be disqualified from the seat of Council enjoys equal powers with the State
assembly or council, if he is dismissed from the Legislative Assembly.
Government service on the grounds of • Option B is incorrect: In case the
corruption. Governor of the state in Constitutional Amendment seeks to amend
consultation with the Election Commission the federal provisions of the Constitution, it
decides whether a member stands disqualified requires ratification by half of the state
on the grounds of RPA, 1951. legislatures with a simple majority. The Council
• Statement 3 is correct: The Constitution lays does not have much role to play here, it is the
down disqualification of members on the will of the assembly that prevails.
grounds of defection under the Tenth • Option C is correct: There is no provision of
Schedule of the Constitution. The Speaker of joint sitting in case of disagreement between
the Assembly and the Chairman of the Council the two houses of the state legislature. The
is the final authority in deciding disqualification council has only a dilatory role here. It can
on these grounds. delay the passage of the bill for three months
• Statement 4 is incorrect: Guilty of electoral in the first instance and for one month in the
offences or corrupt practices in election are second instance. Ultimately, it is the will of the
mentioned in the Representation of People Assembly that prevails.
Act, 1951 and not the Constitution of India.

Q.13) Ans: D
Exp:
• Statement 1 is incorrect: The resolution
seeking the removal of the Speaker is to be
passed by the majority of all the then members
of the House. A 14 days’ advance notice needs
to be given before taking up such a resolution.
• Statement 2 is incorrect: Speaker supervises • Option D is correct: The legislative council can
over the functioning of all the committees of only discuss budget but can not vote on
the House. He is the Chairman of the Business demand for grants.Even in case of ordinary bill
Advisory Committee, Rules Committee, and final power of passing the bill lies with the
the General-Purpose Committee. He does not assembly.Council can delay the bill maximum
chair the House Committee. by four months.
 158

Q.15) Ans: B ● Statement 2 is correct: Chairman of the

Exp: Council is elected by the council itself from
• Statement 1 is incorrect: The power to adjourn amongst its members.
the House lies with the Presiding Officer. ● Statement 3 is incorrect: In the council 5/6th of
Adjournment suspends the work of the House the total number of members are indirectly
for a specified time. Adjournment sine die elected and 1/6th members are nominated by
however ends the session of the House for an the Governor.
indefinite period. Power of Adjournment sine
die also lies with the presiding officer of the
Q.18) Ans: D
House.
Exp:
• Statement 2 is correct: A bill can be reserved
● Option A is incorrect: The value of vote of each
for the President by the Governor. The
MLA of a state is calculated based on the
President can either give his assent to the bill,
population of the state, total number of
withhold his assent or return the bill for the
elected members in that state legislative
reconsideration of the assembly. In case the
assembly and this value is different for
bill is returned for reconsideration, the state
different states.
legislature must mandatorily reconsider the
● Option B is incorrect: The nomination by the
said bill within a period of six months.
Governor the Legislative Council is done from
amongst the persons who have a special
Q.16) Ans: A
knowledge or practical experience of
Exp:
literature, science, art, cooperative movement
• Statement 1 is correct: The Constitution does
and social service. Nomination for Rajya Sabha
not provide any mechanism for the resolution
does not include cooperative movement as a
of deadlock between the two Houses in case of
ground.
Parliament or the State Legislature during the
● Option C is incorrect: The maximum and
passage of the money bill. In case of the money
minimum strength of Legislative Assemblies in
bill, the lower house or the assembly is made
the States is fixed at 500 and 60 respectively.
superior to the upper house or the Council.
However, in certain states such as Arunachal
Hence, if the assembly or the lower house does
Pradesh, Sikkim and Goa it is fixed at 30 and in
not agree to the changes brought by the other
case of Mizoram and Nagaland it is fixed at 40
house, the bill is passed as per the will of the
and 46 respectively.
assembly.
● Option D is correct: Parliament can prescribe
• Statement 2 is incorrect: Kihota Hollohan vs
other qualifications for members of legislative
Zachilu (1992) deals with the judicial review on
assembly under Article 173 of the Constitution.
the decision of the Speaker in case of the Tenth
Schedule. It does not with the money bill.
Q.19) Ans: C
Exp:
Q.17) Ans: B
● Option A is correct: The Constitution has
Exp:
declared the official languages of the state as
● Statement 1 is incorrect: The Legislative
Hindi or English, to be the languages for
Council of a State does not have equal powers
transacting business in the state legislature.
with the Legislative Assembly in the election of
However, the presiding officer can permit a
the President of India, as its members do not
member to address the House in his mother-
participate in the election of the President.
tongue.
 159

● Option B is correct: The position with respect members as well as outsiders for breach
to lapsing of bills on the dissolution of the of its privileges or its contempt.
assembly is - o It has the right to receive immediate
o A Bill pending in the assembly lapses information of the arrest, detention,
whether originating in the assembly or conviction, imprisonment and release of a
transmitted to it by the council. member.
o Bill passed by the assembly but pending in o It can institute inquiries and order the
the council lapses. attendance of witnesses and send for
o A Bill pending in the council but not relevant papers and records.
passed by the assembly does not lapse. o It can make rules to regulate its own
o A Bill passed by the assembly (in a procedure and the conduct of its business
unicameral state) or passed by both the and to arbitrate such matters.
houses (in a bicameral state) but pending ● Option B is incorrect: The courts are
assent of the governor or the President prohibited to inquire into the proceedings of
does not lapse. a House or its committees.
o A Bill passed by the assembly (in a ● Option C is incorrect: Press does not require
unicameral state) or passed by both the prior permission of the House to publish true
Houses (in a bicameral state) but returned reports of parliamentary proceedings but it
by the president for reconsideration of cannot do so in the case of a secret sitting of
House (s) does not lapse. the House. The house can exclude strangers
● Option C is Incorrect: Within the next few days from secret sittings to discuss some important
after the House is adjourned sine die, the matters.
Governor issues a notification for prorogation ● Option D is correct: No person
of the session. It is the action of discontinuing (member/outsider) can be arrested, and no
a session of a legislative assembly without legal process (civil or criminal) can be served
dissolving it. Governors can also prorogue the within the boundaries of the House without
House while in session. the permission of the Speaker/Chairman.
● Option D is correct: The deputy chairman
vacates his office in any of the following three Q.21) Ans: B
cases: Exp:
o If he ceases to be a member of the council ● Statement 1 is correct: Before entering upon
o If he resigns by writing to the Chairman his office, the President has to make and
o If he is removed by a resolution passed by subscribe to an oath or affirmation. In his oath,
a majority of all the then members of the the President swears:
council. Such a resolution can be moved o To faithfully execute the office.
only after giving 14 days advance notice. o To preserve, protect and defend the
Constitution and the law.
Q.20) Ans: D o To devote himself to the service and well-
Exp: being of the people of India.
● Option A is incorrect: Collective Privileges are The President of India shall make and
the privileges enjoyed by each House of subscribe before the Chief Justice of India or
Parliament collectively. They are: in his absence, the senior- most judge of the
o Right to publish its reports, debates and supreme Court an oath or affirmation. Any
proceedings and also prohibit others from other person acting as President or discharging
publishing the same. It can punish
 160

the functions of the President also undertakes o He guides, directs, controls, and
the similar oath or affirmation. coordinates the activities of all the
ministers.
● Statement 2 is incorrect: The President holds
o He can bring about the collapse of the
office for a term of five years from the date on
council of ministers by resigning from
which he enters upon his office. However, he
office.
can resign from his office at any time by
● The Prime minister of India has full discretion
addressing the resignation letter to the Vice-
in the choice of persons who are to serve as
President. Further, he can also be removed
ministers in his cabinet. A person who is not a
from the office before completion of his term
member of the Parliament can become the
by the process of impeachment. The President
minister and he/she has to be the member of
can hold office beyond his term of five years
Parliament within six month. The resignation
until his successor assumes charge. He is also
or death of an incumbent Prime Minister
eligible for re-election to that office. He may be
automatically dissolves the council of ministers
elected for any number of terms. However, in
and thereby generates a vacuum.
the USA, a person cannot be elected to the
● According to Article 75, The Prime minister
office of the President more than twice.
shall be appointed by the president and the
other Minister shall be appointed by the
Q.22) Ans: C
president on the advice of the Prime Minister.
Exp:
Prime Minister of India
Q.23) Ans:C
● In India the President is the nominal executive Exp:
authority (de jure executive) and Prime ● The prime minister enjoys various powers and
Minister is the real executive authority (de plays important roles. The Prime Minister is
facto executive). In other words, the president the chairman of the following bodies :
is the head of the State while the Prime o NITI Aayog, (Executive Body),
Minister is the head of the government. o Indian Board of wildlife (statutory – wild
● The Prime Minister enjoys the following life protection act 1972),
powers as head of the Union council of o National Ganga river Basin authority –
ministers: statutory body under Environmental
o He recommends persons who can be Protection act 1986.
appointed as ministers by the president. o Nuclear command authority,
The President can appoint only those o National disaster management authority,
persons as ministers who are o Interstate council,
recommended by the Prime Minister. o National integration council,
o He allocates and reshuffles various o CSIR ( Council of Scientific & Industrial
portfolios among the Ministers. Research ),
o He can ask a minister to resign or advise o Department of space, atomic energy,
the President to dismiss him in case of DoPT, Cabinet committee on
difference of opinion. appointments, economic affairs and
o He presides over the meeting of the political affairs.
council of ministers and influences its ● He plays a significant role in shaping the
decisions. foreign policy of the Country. He is the chief
spokesman of the Union government.
 161

● He is the crisis manager-in-chief at the political Exp:

level during emergencies. ● Statement 1 is correct: The Prime Minister is
● As a leader of the nation, he meets various the leader of the Lower House. In this
sections of people in different states and capacity, he enjoys certain powers. Like, He
receives memoranda from them regarding advises the President with regard to
their problems, and so on. summoning and proroguing of the sessions of
● He is the leader of the party in power. the Parliament. He can recommend dissolution
● He is the political head of the services. of the Lok Sabha to the President at any time.
He announces government policies on the
Q.24) Ans: D floor of the House.
Exp: ● Statement 2 is incorrect: He recommends
Vice-president of India persons who can be appointed as ministers by
● A vacancy in the Vice-President’s office can the president. The President can appoint only
occur in any of the following ways: those persons as ministers who are
1. On the expiry of his tenure of five years. recommended by the Prime Minister. He
2. By his resignation. allocates and reshuffles various portfolios
3. On his removal. among the ministers.
4. By his death. ● Statement 3 is correct: He can bring about the
5. Otherwise, for example, when he collapse of the council of ministers by resigning
becomes disqualified to hold office or from office. Since the Prime Minister stands at
when his election is declared void. the head of the council of ministers, the other
● When the vacancy is going to be caused by the ministers cannot function when the Prime
expiration of the term of the sitting vice Minister resigns or dies. In other words, the
president, an election to fill the vacancy must resignation or death of an incumbent Prime
be held before the expiration of the term. Minister automatically dissolves the council of
● If the office falls vacant by resignation, ministers and thereby generates a vacuum.
removal, death or otherwise, then an election
to fill the vacancy should be held as soon as Q.26) Ans: B
possible after the occurrence of the vacancy. Exp:
The newly elected vice-president remains in ● Statement 1 is incorrect: 44th constitutional
office for a full term of five years from the amendment act 1978, President may return a
date he assumes charge of his office. matter or advice once for reconsideration of
● No ground has been mentioned in the the ministers, but the reconsidered advice
constitution for the removal of the vice- shall be binding on the president.
president unlike Violation of the constitution is o He can require the Prime Minister to
the ground mentioned for the removal of the submit, for consideration of the council of
president. ministers, any matter on which a decision
● A formal impeachment is not required for his has been taken by a minister but which has
removal. He can be removed by a resolution of not been considered by the council.
the Rajya Sabha passed by an absolute ● A vacancy in the President’s office can occur in
majority and agreed by the Lok Sabha. any of the following ways:
● Absolutely majority ( a majority of the total 1. On the expiry of his tenure of five years.
members of the House). 2. By his resignation.
3. On his removal by the process of
Q.25) Ans: B impeachment.
 162

4. By his death. the Supreme court whose decision shall be

5. Otherwise, for example, when he becomes final. The election of a person as Vice-President
disqualified to hold office or when his cannot be challenged on the ground that the
election is declared void. electoral college was incomplete.
● When the vacancy is going to be caused by the o If the election of a person as VicePresident
expiration of the term of the sitting President, is declared void by the Supreme Court, acts
an election to fill the vacancy must be held done by him before the date of such
before the expiration of the term. declaration of the Supreme Court are not
● Statement 2 is correct : When vacancy occurs invalidated (i.e., they continue to remain in
in the office of the president due to his force).
resignation, removal, death or otherwise, the
vice-president can act as president. But only
Q.28) Ans: D
for the maximum period of 6 months within
Exp:
which a new president has to be elected. The
● Statement 1 is incorrect: In the scheme of
newly-elected President remains in office for
parliamentary system of government provided
a full term of five years from the date he
by the constitution, the President is the
assumes charge of his office.
nominal executive authority (de jure
executive) and Prime Minister is the real
Q.27) Ans: A executive authority (de facto executive). In
Exp: other words, the president is the head of the
● Statement 1 is correct: The presiding officer of State while the Prime Minister is the head of
the Rajya Sabha is known as the Chairman. The the government. The constitution doesn't
Vice-President of India is the ex-officio contain any specific procedure for the
Chairman of the Rajya Sabha. In this capacity, selection and appointment of the Prime
his powers and functions are similar to those Minister. Article 75 says that the Prime
of the Speaker of Lok Sabha. In this respect, he Minister shall be appointed by the President.
resembles the American vice president who However, according to convention, the leader
also acts as the Chairman of the Senate–the of the majority party in Lok Sabha is
Upper House of the American legislature. He appointed as the Prime Minister.
acts as President when a vacancy occurs in the ● Statement 2 is incorrect: The Political Affairs
office of the President due to his resignation, Committee, Economic Affairs Committee and
impeachment, death or otherwise. Appointment Committee are chaired by the
● Statement 2 is incorrect: The Vice-President, Prime Minister.And the Parliamentary Affairs
like President, elected by the method of Committee chaired by the Home Minister.
indirect election. He is elected by the ● Statement 3 is incorrect: Under the Rules of
members of the Parliament (both elected and Lok Sabha ,the Leader of the House means the
nominated). However, the electoral college Prime Minister, if he is member of the Lok
doesn't include the members of the state Sabha. In case, he is member of the Rajya
legislative assemblies. Sabha then he appoints minister who is the
● Statement 3 is incorrect: Article 71 of the member of the lok sabha as leader of the house
Constitution of India mentions that all the in Lok Sabha.
doubts and disputes arising out of or in
connection with election of a President or Vice- Q.29) Ans: D
President shall be inquired into and decided by Exp:
 163

● Statement 1 is correct: The Vice-President

occupies the second highest office in the
country. He is accorded a rank next to the
President in the official warrant of precedence.
This office is modeled on the lines of the
American Vice-President. The Vice-president
can be removed from the office before
completion of his term. A formal
impeachment is not required for his removal.
He can be removed by a resolution passed by
a majority of all the then members of the
Rajya Sabha and agreed to by the Lok Sabha.
o This means that this resolution should be
passed in the Rajya Sabha by an effective
majority and in the Lok Sabha by a simple
majority. It must be noted here that the
effective majority in India is only a type of
special majority and not a separate one.
o Further, this resolution can be introduced
only in the Rajya Sabha and not in the Lok
Sabha. But, no such resolution can be
moved unless at least 14 days’ advance
notice has been given.
● Statement 2 is correct: As there is no provision
of the constitution which provides grounds
for removal of the Vice President. If the office
falls vacant by resignation, removal, death or
otherwise, then an election to fill the vacancy
should be held as soon as possible after the
occurrence of the vacancy. The newly elected
vice-president remains in office for a full term
of five years from the date he assumes charge
of his office.
● Statement 3 is correct: The Vice President
holds office for a term of five years from the
date on which he enters upon his office.
However, he can resign from his office at any
time by addressing the resignation letter to
the President.

Students Note
 164

President, Vice-President, Prime Minister

Q.1) Ans: D
Exp:
Q.3) Ans: D
● Statement 1 is incorrect: Article 123 of the
Exp:
Constitution grants the President certain law-
● Statement 1 is correct: The Vice-President may
making powers to promulgate Ordinances
be removed from his office by a resolution of
when either of the two Houses of Parliament
the Rajya Sabha by a majority of all the
is not in session and hence it is not possible to
members of
enact laws in the Parliament. There is
limitation on the President to promulgate
ordinance when Parliament is not in session. the upper house and agreed to by the Lok
Hence it is not a parallel power with the Sabha. No such resolution shall be moved
legislature. unless at least fourteen days’ notice has been
● Statement 2 is incorrect: An ordinance will given of the intention to move the resolution.
expire after 6 weeks once both the houses of
● Statement 2 is incorrect: Article 68(2) of the
Parliament are in session. Thus, the maximum
Constitution provides that an election to fill a
validity of an ordinance is 6 months and 6
vacancy in the office of Vice-President
weeks
occurring by any reason shall be held as soon
● Statement 3 is correct: An ordinance may have
as possible. It is further provided that the
retrospective effect and may be modify repeal
person elected to fill the vacancy shall be
any act of Parliament or even another
entitled to hold office for the full term of five
ordinance
years from the date he enters upon his office.
● Statement 3 is incorrect: The joint sitting of
Q.2) Ans: C the Parliament is called by the President. The
Exp: hierarchy to preside over the joint sitting of
Electoral College of President consists of: Parliament are as follows:
o Elected Members of Legislative assembly o The Speaker of Lok sabha
all states o The Deputy speaker of lok sabha
o Elected Members of the Legislative o The Deputy chairperson of Rajya sabha
Assembly of Union Territories having If any of the above officers are not present
Legislature than any other person as may be determined
o Elected members of Lok Sabha by the member present at the joint sitting ,
o Elected members of Rajya Sabha. Presides over the meeting. Thus, the Vice
• The nominated members of the State President does not Preside over the joint
Legislative Assembly, Nominated members of sitting of Parliament.
Parliament and Members of Legislative Council
(Elected as well as Nominated) are not part of
the Electoral College. Q.4) Ans: D

Exp:

● Statement 1 is incorrect: The Cabinet

Committee on Accommodation is headed by
the Home Minister. It is to be noted that
 165

cabinet committee on parliamentary affairs is sitting President is unable to discharge his

also headed by Home Minister functions due to absence, illness or any other
● Statement 2 is incorrect: The organization cause, the Vice- President discharges his
responsible for Security of the Prime Minister functions until the President resumes his
is the Special Protection Group. It also looks office.
after the security of the Prime Minister. ● Statement 2 is correct: In case the office of
● Statement 3 is incorrect: Vice-President is vacant, the Chief Justice of
o The Prime Minister Heads the Political India (or if his office is also vacant, the senior
Council of the Nuclear Command most judge of the Supreme Court available)
Authority. He is the final authority to acts as the President or discharges the
decide upon the use of nuclear weapons. functions of the President.
o The Executive Council gives its suggestion ● Statement 3 is incorrect: When any person, ie,
to the Political Council of Nuclear Vice-President, chief justice of India, or the
Command Authority, The Executive senior most judge of the Supreme Court is
Council is headed by National Security acting as the President or discharging the
Advisor. functions of the President, he enjoys all the
powers and immunities of the President and
is entitled to such emoluments, allowances
Q.5) Ans: A
and privileges as are determined by the
Exp: Parliament.

● Statement 1 is incorrect: During his term of

office, he is immune from any criminal Q.7) Ans: C
proceedings, even in respect of his personal
Exp:
acts. He cannot be arrested or imprisoned.
However, after giving two months’ notice, civil • The veto power enjoyed by the executive in
proceedings can be instituted against him modern states can be classified into the
during his term of office in respect of his following four types:
personal acts. 1. Absolute veto: withholding of assent to
● Statement 2 is correct: The President can be the bill passed by the legislature.
removed from office by a process of 2. Qualified veto: which can be overridden
impeachment for ‘violation of the by the legislature with a higher majority.
Constitution’. However, the Constitution does 3. Suspensive veto: which can be overridden
not define the meaning of the phrase ‘violation by the legislature with an ordinary
of the Constitution’. majority.
4. Pocket veto: that is, taking no action on
the bill passed by the legislature.
Q.6) Ans: B
• Of the above four, the President of India is
Exp: vested with three—absolute veto, suspensive
veto and pocket veto. There is no qualified
● Statement 1 is incorrect: When a vacancy veto in the case of Indian President; it is
occurs in the office of the President due to his possessed by the American President.
resignation, removal, death or otherwise, the • The Constitution does not prescribe any time-
Vice-President acts as the President until a limit within which he has to take the decision
new President is elected. Further, when the
 166

with respect to a bill presented to him for his Q.10) Ans: C

assent.
Exp:

• Statement 1 is correct: When the vacancy is

going to be created by the expiration of the
Q.8) Ans: D term of sitting President, an election to fill the
vacancy must be completed before expiration
Exp:
of the term. In case of any delay in the election,
• Statement 1 is Incorrect: He decides on the outgoing President continues to hold the
questions as to disqualifications of members of office until his successor assumes the office.
the Parliament, in consultation with the • Statement 2 is correct: In order to prevent
Election Commission not Speaker. 'interregnum', owing to any possible delay in
• Statement 2 is Incorrect: The President can conducting the election of a new President by
seek advice from the Supreme Court on any any reason, it is provided that the outgoing
question of law or fact. However, the advice President must continue to hold office,
tendered by the Supreme Court is not binding notwithstanding that his term has expired,
on the President. until his successor enters upon his office.
• Statement 3 is Correct: The President has no • Statement 3 is incorrect: The Vice-President
veto power in respect of a Constitutional cannot act as the President after the expiration
Amendment bill. The 24th Constitutional of the term of the sitting President, as the
Amendment Act of 1971 made it obligatory outgoing President continues to hold office
for the President to give his assent to a until his successor enters upon his office after
constitutional amendment bill. a fresh election.

Q.9) Ans: D Q.11) Ans: C

Exp: Exp:
● Statement 1 is incorrect: The resolution for the ● Statement 1 is incorrect: The President cannot
impeachment of the President is moved after promulgate ordinance when both Houses are
14 days' notice but it should be signed by not in session. The legislative power of Parliament
less than one-fourth members of the is superior and simultaneously the President
House. After the impeachment resolution is cannot promulgate ordinance, hence the
passed by a majority of two-third of the total power of President to legislate by ordinance is
membership of that House, it is sent to not parallel to the power of legislation
another House, which should investigate the ● Statement 2 is incorrect: The President can
charge. promulgate ordinance only when both the
● Statement 2 is incorrect: The president of Houses of Parliament are not in session or
India can be removed from office by a process when either of the House is not in session or
of impeachment for 'violation of the one House is in session. An ordinance made
Constitution'. However, the Constitution does when both the Houses are in session is void.
not define the meaning of the phrase 'violation ● Statement 3 is correct; The President makes
of the Constitution'. Other than this he can also an ordinance when he is satisfied that such
vacate his office by resignation in circumstance does exist to take immediate
writing under his hand addressed to the Vice- action. Thus the satisfaction of the President is
President. important in making an ordinance.
 167

● Statement 4 is incorrect: In the Cooper case ● Statement 2 is incorrect: It does not include
(1970), the Supreme Court held that the the members of state legislative assemblies.
President's satisfaction can be questioned in a The President is the head of the State and his
court on the ground of malafide. power extends both to the administration by
Centre as well as states. Consequently, it is
necessary that in his election, not only
members of Parliament should play their part,
Q.12) Ans: B but the members of the state legislatures
should have a voice.
Exp:

● Statement 1 is correct: As per Article 71 (a), all

the disputes and doubts in connection with
election of President or Vice-President are
enquired into and by the Supreme Court
whose decision is exclusive and final.
● Statement 2 is incorrect: Election of the Vice ● Statement 3 is incorrect: The electoral college
president cannot be challenged on the ground of Vice-President does not consist of Union
of any vacancy in the Electoral College which Territory of Delhi and Puducherry (in case of
elected the Vice-President. Also if the election President, elected members of legislative
of the Vice-President is declared void by the assemblies of State and Union Territory of
Supreme Court, acts done by him prior to the Delhi and Puducherry are included).
date of such decision of the Supreme Court
shall not be invalidated.
● Statement 3 is correct and statement 4 Q.14) Ans: D
incorrect: Although Indian Vice-President is Exp:
modeled on the lines of American Vice- • Statement 1 is correct: The Constitution does
President, there is a difference. The American not contain any specific procedure for the
Vice-President succeeds to the presidency selection and appointment of the Prime
when it falls vacant, and remains President for Minister. Article 75 says only that the Prime
the unexpired term of his predecessor. The Minister shall be appointed by the President
Indian Vice-President, on the other hand, does but does not describe any procedure.
not assume the office of the President when it • Statement 2 is incorrect: The term of Prime
falls vacant for the unexpired term. He merely Minister is not fixed and he holds office during
serves as an acting President until the new the pleasure of the President. However, it does
President is elected not mean that the President can dismiss the
Prime Minister at any time. If The Prime
Minister enjoys the majority support in the Lok
Q.13) Ans: B Sabha, he/she cannot be dismissed by the
Exp: President.
• Statement 3 is correct: The Prime Minister as
● Statement 1 is correct: The electoral college of the head of the Union council of ministers,
Vice-President consists of both elected and hence he/she can bring about the collapse of
nominated members of the parliament (in case the council of ministers by resigning from
of President, only elected members). office.
 168

• Statement 4 is incorrect: The Prime Minister as • Option B matches with option 5:

the leader of the Lower House, in this capacity Commutation:- It denotes the substitution of
he/she can recommend the dissolution of the one form of punishment for a lighter form. For
Lok Sabha to the President at any time. example , a death sentence may be commuted
to rigorous imprisonment.
Q.15) Ans: C • Option C matches with option 3: Remission:-
Exp: It implies reducing the period of sentence
● Statement 1 is correct: Article 72 of the without changing its character. For example, a
Constitution empowers the President to grant sentence rigorous imprisonment for two years
pardons, the objective of conferring this power may be remitted to rigorous imprisonment for
to the President is to keep the door open for one year.
correcting any judicial errors in the operation • Option D matches with option 2: Respite:-It
of law. denotes awarding a lesser sentence in place of
● Statement 2 is incorrect: The pardoning power one originally awarded die to some special
of the President is not similar to the pardoning fact, such physical disability of a convict or the
power of the Governor, as the President can pregnancy of a woman.
pardon even a death sentence and also any
punishment or sentence by a court-martial
Q.17) Ans: A
but, the Governor cannot do so, the pardoning
power of the Governor cannot extend beyond Exp:
the punishment or sentence prescribe to a
● Statement 1 is correct: The Prime minister is
person against a state law.
appointed by the President and others
● Statement 3 is correct: Through pardoning the
ministers are appointed by the president on
President also affords relief from a sentence,
the advice of the PM. The ministers hold office
which the President regards as unduly harsh.
during the pleasure of the president and they
● Statement 4 is incorrect: President exercises
are collectively responsible to the Lok sabha.
pardoning power on the advice of the Union
● Statement 2 is incorrect In Article 74
Cabinet.
constitution mentions that council of ministers
to aid and advise the president. The advice
Q.16) Ans: A tendered by the ministers to the president
shall not be inquired into any court.
Exp:
● Statement 3 is incorrect The salaries and
• The pardoning power of the President includes allowances of ministers are determined by the
Pardon, Commutation, Remission, Respite Parliament (and not by the President) from
and Reprieve. Article 72 empowers the time to time and they receive the salaries and
President to grant pardons to persons who allowances that are payable to a member of
have been tried and convicted in all the cases Parliament.
like, punishment or sentence against a Union
Law, punishment or sentence by a court
Q.18) Ans: B
martial and sentence is a sentence of death.
• Option A matches with option 1: Pardon:- It Exp:
removes both the sentence and the conviction
● Statement 1 is incorrect: The Vice-President
and completely absolves the convict from all
occupies the second highest office in the
sentences, punishment and disqualifications.
country The office of Vice President is
 169

modelled on the lines of the American Vice- amendments may require the approval of half
President. of the states as well with a special majority of
● Statement 2 is correct: The resolution for parliament.
removal of the Vice President can be
introduced only in the Rajya Sabha and not in Q.20) Ans : D
the Lok Sabha. However, no such resolution
Exp:
can be moved unless at least 14 days’ advance
notice has been given. ● Statement 1 is incorrect: The Vice-President,
● Statement 3 is incorrect: The Vice President like the president, is elected not directly by
can be removed from the office before the people but by the method of indirect
completion of his term. A formal election. He is elected by the members of an
impeachment is not required for his removal. electoral college consisting of the members of
He can be removed by a resolution passed by both Houses of Parliament. The electoral
a majority of all the then members of the Rajya college consists of both elected and
Sabha and agreed to by the Lok Sabha. This nominated members of the Parliament and It
means that this resolution should be passed in does not include the members of the state
the Rajya Sabha by an effective majority and legislative assemblies
in the Lok Sabha by a simple majority. ● Statement 2 is incorrect: All doubts and
disputes in connection with election of the
Vice- President are inquired into and decided
Q.19) Ans: B
by the Supreme Court whose decision is final.
Exp:
The election of a person as Vice-President
• Statement 1 is incorrect: He can promulgate cannot be challenged on the ground that the
an ordinance only when both the Houses of electoral college was incomplete
Parliament are not in session .An ordinance ● Statement 3 is incorrect: The Vice-President
can also be issued when only one House is in holds office for a term of five years from
session because a law can be passed by both the date on which he enters upon his office.
the Houses and not by one House alone. He can be removed by a resolution passed
• An ordinance made when both the Houses are by a majority of all the then members of
in session is void. Thus, the power of the the Rajya Sabha and agreed to by the Lok
President to legislate by ordinance is not a Sabha. This means that this resolution
parallel power of legislation. should be passed in the Rajya Sabha by an
effective majority and in the Lok Sabha by a
simple majority

Students Note

• Statement 2 is correct: This is because a

constitutional amendment requires a special
majority in both houses of Parliament, unlike
an ordinary legislation that can be approved by
a simple majority. Moreover, some
 170

Governor, Chief Minister

o While exercising function as administrator
Q.1) Ans: A of Union Territory
Exp: o Some Situational Discretion are as follows:
• Statement 1 is correct: o Appointment of Chief Minister when no
• The Governor shall be entitled without party has clear majority
payment of rent to the use of his official o Dismissal of Council of Minister when they
residences and shall be also entitled to such cannot prove confidence in house
emoluments, allowances and privileges as may • Statement 3 is incorrect: The manner of
be determined by the law of parliament. appointment of Governor has been inspired by
• When the same person is appointed as the Canadian Constitution where the
Governor of two or more States, the Governor is appointed by the Centre (not
emoluments and allowances payable to the directly elected). To maintain the
Governor shall be allocated among the States parliamentary form of Government at state
in such proportion as determined by the level the model of the USA (direct election) was
president. dropped and Canadian model was accepted.
• Statement 2 is incorrect: Under Article 156 it
is given that the governor is appointed by the Q.3) Ans: D
President of India for a term of five years and Exp:
holds office at the President's pleasure. • Statement 1 is Incorrect: The Discretionary
• Statement 3 is incorrect: The President has the powers exercised by the Governor is not
power to remove a Governor at any time beyond Judicial review. The Supreme Court,
without giving him or her any reason and speaking through a five-judge Bench in Nabam
without granting an opportunity to be heard. Rebia and Bamang Felix v. Deputy Speaker
The governor holds office as long as the (2016) ruled that the discretionary power of
President desires and there is no clear ground the Governor is extremely limited and
of his removal mentioned in the Constitution. entirely amenable to judicial review.
• Statement 2 is Incorrect: As the money bill is
Q.2) Ans: A introduced with the Governor’s permission, he
Exp: cannot return the money bill for the
• Statement 1 is incorrect: The Governor cannot reconsideration of the State Legislature. He
pardon a death sentence. Even if state law can either give his assent, withhold his assent
prescribes a death sentence, the power to or reserve the bill for consideration of the
grant pardon is with the President. However president.
the governor can suspend, remit or commute
a death sentence. Q.4) Ans: D
• Statement 2 is correct: Exp:
• The Governor enjoys Constitutional discretion • Statement 1 is Incorrect: Usually, there is a
in: governor for each state, but the 7th
o Reservation of bill when for Presidential Constitutional Amendment Act of 1956
consideration facilitated the appointment of the same
o Recommendation of Presidents rule in a person as a governor for two or more states.
state • Statement 2 is Incorrect: Supreme Court in
1979, the office of governor of a state is not an
 171

employment under the Central government. It ● Statement 2 is incorrect: This qualification is

is an independent constitutional office and is not mentioned in the Constitution for the
not under the control of or subordinate to the governor but it is mentioned in the
Central government Constitution for the qualification of the
• Statement 3 is Incorrect: The oath of office to President.
the Governor is administered by the Chief ● Statement 3 is correct: A person who wants to
justice of the concerned state high court and be the governor of a state needs to be a citizen
in his absence, the senior-most judge of that of India.
court available( not the President) ● Statement 4 is correct: In order to be
• Statement 4 is Correct: The Governor appoints appointed as a governor of the state, the
the chairman and members of the State public person needs to complete the age of 35 years.
service commission. However, they can be
removed only by the president and not by a
Q.7) Ans: D
governor.
Exp:
Q.5) Ans: A
● Option 1 is Correct: In National Legal Services
Exp:
Authority v Union of India and others, the
• Statement 1 is correct: - The Constitution does
Court found that the right to self-identify one's
not require that a person must prove his
gender, including as “third gender”, was an
majority in the legislative assembly before he
important part of the right to a life with dignity
is appointed as the Chief Minister. The
and therefore falls within the scope of the right
governor may first appoint him as the Chief
to life under the Indian Constitution (Article
Minister and then ask him to prove his majority
21).
in the legislative assembly within a reasonable
● Option 2 is correct: The supreme court, in
period.
Paschim Banga Khet Mazdoor Samiti vs State
• Statement 2 is correct: Article 164 only says
of West Bengal, held that denial of emergency
that the Chief Minister shall be appointed by
medical care is in violation of Article 21 of the
the governor. He holds office during the
Constitution of India. Hence it is the
pleasure of the governor. However, this does
fundamental right of the citizens to be
not mean that the governor can dismiss him at
provided with emergency medical care
any time. He cannot be dismissed by the
without any condition.
governor as long as he enjoys the majority
● Option 3 is correct: In Suchita Srivastava &
support in the legislative assembly
Anr vs Chandigarh Administration, the
• Statement 3 is incorrect: The salary and
supreme court has made it clear by the
allowances of the Chief Minister are
Supreme Court that the language of the
determined by the state legislature.
Medical Termination of Pregnancy Act, 1971
(the MTP Act) clearly respects the personal
Q.6) Ans: C
autonomy of mentally retarded persons who
Exp:
are above the age of majority and that a
● Statement 1 is incorrect: He should be an
persons who are found to be in a condition of
outsider, that is, he should not belong to the
borderline, mild or moderate mental
state where he is appointed, so that he is free
retardation are capable of being good
from the local politics. It is a developed
parents.
convention over the years and not the
qualification specified in the Constitution.
 172

● Option 4 is correct: In Aarushi Dhasmana vs ● Statement 4 is correct: The Governor is

Union Of India & Ors, the supreme court empowered to appoint a commission to
upheld the right to life for craniopagus or examine and report on any matter relating to
conjoined twins, and denied the Parents of the administration of the autonomous districts
conjoined twins Saba and Farah the permission or regions. He may also dissolve a district or
to go for a surgery to separate them. Recently regional council on recommendation of the
Both of them voted independently for the first commission.
time in the Bihar elections.

Q.10) Ans: A
Q.8) Ans: A
Exp:
Exp:
● Statement 1 is correct: As the head of the state
• Statement 1 is correct: The discretionary council of ministers the Chief Minister can
power of the Governor is greater than the allocate the portfolios among the ministers.
discretionary power of the President, as the ● Statement 2 is correct: The Chief Minister can
President has only situational discretion and bring about the collapse of the council of
not constitutional discretion, while the ministers by resigning from office. Since the
Governor has both the discretion powers, for Chief Minister is the head of the council of the
example he can use situational discretion to ministers, his resignation or death
appoint the Chief Minister when no party has a automatically dissolves the council of
clear-cut majority (same in case of the ministers.
President). Some constitutional discretion are ● Statement 3 is incorrect: It is in relation to the
reservation of bills for consideration of the Governor he/she communicates to the
president, seeking information from the chief governor of the state all the decisions of the
minister with regard to administrative and council of the ministers relating to the
legislative matters of state. administration of the affairs of the state and
• Statement 2 is incorrect: The Governor has proposals or legislation
both situational as well as constitutional ● Statement 4 is incorrect: As the leader of the
discretion. house, the Chief Minister can announce the
government policies on the floor of the house.
Q.9) Ans: B This power of the Chief Minister is in relation
Exp: with the State Legislature and not with the
● Statement 1 is correct: The Governor is Council of Ministers.
empowered to organize and reorganize the
autonomous districts. Thus, he can increase or
Q.11) Ans: C
decrease their areas or change their names or
define their boundaries and so on. Exp:
● Statement 2 is correct: The Governor is
• Statement 1 is correct: The governor is an
empowered to divide the autonomous district
integral part of the state legislature. In that
into several autonomous regions, if different
capacity, he can appoint any member of the
tribes are present in the autonomous district.
state legislative assembly to preside over
● Statement 3 is incorrect: The power to declare
proceedings when the offices of both the
an area to be scheduled area lies with the
Speaker and the Deputy Speaker fall vacant.
President and not the Governor.
Similarly, he can appoint any member of the
 173

state legislative council to preside over its

proceedings when the offices of both
Q.13) Ans: B
Chairman and the Deputy Chairman fall
vacant. Exp:
• Statement 2 is correct: Article 192 (Decision
• Statement 1 is incorrect: A governor holds
on question as to disqualifications of
office for a term of five years from the date on
members)
which he enters upon his office. However the
1. If any question arises as to whether a
governor has no security of tenure. He may be
member of a House of the Legislature of a
removed by the President at any time.
State has become subject to any of the
• Statement 2 is correct: The members of state
disqualifications mentioned in article 191,
information commission are appointed by the
the question shall be referred for the
Governor on the recommendation of a
decision of the Governor and his decision
committee consisting of the Chief Minister as
shall be final.
Chairperson, the Leader of Opposition in the
2. Before giving any decision on any such
Legislative Assembly and a State Cabinet
question, the Governor shall obtain the
Minister nominated by the Chief Minister,
opinion of the Election Commission and
Governor can also remove the State Chief
shall act according to such opinion.
Information Commissioner or any State
Information Commissioner from the office.
Q.12) Ans: C
Exp: • Statement 3 is incorrect: Governor cannot
pardon a death sentence. Even if a state law
● Statement 1 is incorrect: The office of
prescribes a death sentence, the power to
governor of the Indian Constitution has been
grant pardon lies with the President and not
taken from Government of India Act, 1935.The
the governor. However, the governor can
manner of appointment of governor was
suspend, remit or commute a death sentence
debated in constituent assembly. The Draft
Constitution provided for the direct election of
Q.14) Ans: C
the governor on the basis of universal adult
Exp:
suffrage. But the Constituent Assembly opted
for the present system of appointment of • Statement 1 is incorrect: The salary and
governor to avoid conflicts between chief allowances of the Chief Minister are
Minister and Governor. Thus the Canadian determined by the state legislature. In
model, where the governor of a addition to the salary and allowances, which
state(province) is appointed by the Centre are payable to a member of the state
(Governor-General) is adopted, legislature, he gets a sumptuary allowance,
● Statement 2 is correct: The Constitution lays
free accommodation, travelling allowance,
medical facilities
down that the governor is entitled to such
emoluments, allowances and privileges as may • Statement 2 is incorrect: The term of the Chief
be determined by Parliament from time to Minister is not fixed and he holds office during
time. the pleasure of the governor. However, this
● Statement 3 is incorrect: When the same
does not mean that the governor can dismiss
person is appointed as the governor of two or him at any time. He cannot be dismissed by the
more states, the emoluments and allowances governor as long as he enjoys the majority
payable to him are shared by the states in such support in the legislative assembly
proportion as determined by the president.
 174

Q.15) Ans: C a nominal executive head (titular or

Exp: constitutional head). The governor also acts as
• The governor has constitutional discretion in an agent of the central government.
the following cases: Therefore, the office of governor has a dual
• Statement 1 is correct: Seeking information role.
from the chief minister with regard to the ● Statement 2 is correct: Usually, There is a
administrative and legislative matters of the governor for each state, but the 7th
state and Reservation of a bill for the Constitutional Amendment Act of 1956
consideration of the President. facilitated the appointment of the same
• Statement 2 is incorrect: There is such person as a governor for two or more states.
provision in the constitution.
Q.17) Ans: B
Exp:
● Statement 1 is incorrect: Constitutional
position of the governor differs from that of
the president in the following two respects:
o After the 42nd Constitutional
Amendment (1976), ministerial advice has
been made binding on the President, but
no such provision has been made with
respect to the governor.
o While the Constitution envisages the
• Statement 3 is correct: Recommendation for possibility of the governor acting at times
the imposition of the President’s Rule in the in his discretion, no such possibility has
state. been envisaged for the President.
• Statement 4 is correct: While exercising his ● Statement 2 is Correct: As per Article 154, the
functions as the administrator of an adjoining executive power of the state shall be vested in
union territory (in case of additional charge). the governor and shall be exercised by him
And also for Determining the amount payable either directly or through officers subordinate
by the Government of Assam, Meghalaya, to him in accordance with this Constitution.
Tripura and Mizoram to an autonomous Tribal ● According to Article 163 of the Indian
District Council as royalty accruing from Constitution, there shall be a council of
licenses for mineral exploration. ministers with the chief minister as the head to
aid and advise the governor in the exercise of
Q.16) Ans: B his functions, except in so far as he is required
Exp: to exercise his functions in his discretion.
● Statement 1 is incorrect: Articles 153 to 167 in
Part VI of the Constitution deal with the state Q.18) Ans: D
executive. The state executive consists of the Exp:
governor, the chief minister, the council of CONDITIONS OF GOVERNOR’S OFFICE: The
ministers and the advocate general of the Constitution lays down the following conditions
state. Thus, there is no office of vice-governor for the the governor’s office:
(in the state) like that of Vice-President at the • He should not be a member of either House of
Centre. The governor is the chief executive Parliament or a House of the state legislature.
head of the state. But, like the president, he is If any such person is appointed as governor,
 175

he is deemed to have vacated his seat in that which the executive power of the state
House on the date on which he enters upon extends.
his office as the governor. ● Statement 3 is correct: The Governor can
• He should not hold any other office of profit. recommend the imposition of constitutional
• He is entitled without payment of rent to the emergency in a state to the president. During
use of his official residence (the Raj Bhavan). the period of the President's rule in a state,
• He is entitled to such emoluments, the governor enjoys extensive executive
allowances and privileges as may be powers as an agent of the President.
determined by Parliament.
• When the same person is appointed as the ab, Q.20) Ans: C
the emoluments and allowances payable to Exp:
him are shared by the states in such ● In addition, the Chief Minister also performs
proportion as determined by the president. the following functions:
• His emoluments and allowances cannot be ● Statement 1 is correct: He is the chairman of
diminished during his term of office. the State Planning Board. He acts as a vice-
• In 2008, the Parliament increased the salary chairman of the concerned zonal council by
of the governor from 36,000 to 1.10 lakh per rotation, holding office for a period of one year
month. at a time.
● Statement 2 is incorrect: He is a member of
Q.19) Ans: B the Inter-State Council and the Governing
Exp: Council of NITI Aayog, both headed by the
● Statement 1 is incorrect: The financial powers prime minister.
and functions of the governor are: ● Statement 3 is correct: He is the chief
o He sees that the Annual Financial spokesman of the state government. He is the
Statement (state budget) is laid before the crisis manager-in-chief at the political level
state legislature. during emergencies. As a leader of the state,
o Money bills can be introduced in the state he meets various sections of the people and
legislature only with his prior receives memoranda from them regarding
recommendation. their problems, and so on. He is the political
o No demand for a grant can be made head of the services.
except on his recommendation.
o He can make advances out of the Q.21) Ans: C
Contingency Fund of the state to meet any Exp:
unforeseen expenditure. ● Statement 1 is correct: The Governor can
o He constitutes a finance commission after promulgate an ordinance only when the
every five years to review the financial legislative assembly (in case of a unicameral
position of the panchayats and the legislature) is not in session or (in case of a bi-
municipalities. cameral legislature) when both the Houses of
● Statement 2 is correct: Under the Judicial the state legislature are not in session or when
power of the Governor can grant pardons, either of the two Houses of the state
reprieves, respites and remissions of legislature is not in session. The last provision
punishment or suspend, remit and commute implies that an ordinance can be promulgated
the sentence of any person convicted of any by the governor when only one House (in case
offence against any law relating to a matter to of a bicameral legislature) is in session
 176

because a law can be passed by both the

Houses and not by one House alone.

● Statement 2 is correct: An ordinance issued by

the Governor has the same force and effect as
an act of the state legislature. An ordinance
issued by him is subject to the same limitations
as an act of the state legislature. This means
that an ordinance issued by him will be invalid
to the extent it makes any provision which the
state legislature cannot make. The Governor's
ordinance-making power is not a discretionary
power. This means that he can promulgate or
withdraw an ordinance only on the advice of
the council of ministers headed by the chief
minister.

Students Note
 177

Supreme Court, High Court

judges of the High Court. It is followed as per
Q.1) Ans: C the provision of Judicial Inquiry Act, 1968.
Exp: • Statement 2 is incorrect: The Constitution
• Statement 1 is correct: The Chief Justice of a provides for grounds to remove judges of the
High Court is appointed by the President with High court which are proved misbehaviour or
the consultation of the Chief Justice of the incapacity. Violation of the Constitution is not
Supreme Court and the Governor of the State. grounds for removal of a judge of higher
Qualifications for the Judges are: Judiciary.
• He should be a citizen of India.
• He should have been Held judicial office in the Q.4) Ans: A
territory of India for 10 years or an Advocate Exp:
for 10 years in a High Court. • Statement 1 is correct: The salary of High court
• The Constitution does not prescribe an judges is charged Expenditure which is decided
eminent jurist to become judge of the High by parliament of the country.
Court as is the case with the Supreme Court. • Statement 2 is incorrect: The salary of a high
• Statement 2 is correct: As is clear from the court judge is charged on a consolidated fund
above explanation the Constitution does not of States.
prescribe a minimum age to be appointed as • Statement 3 is correct: The given statement is
judge of the High Court. true. Nothing substantial regarding jurisdiction
• Statement 3 is incorrect: Oath to the judges of of the high court is provided in the Constitution
the high court is administered by the governor
of state or person appointed by him. However, Q.5) Ans: B
they are appointed by President of India Exp:
• Statement 1 is correct: Supervisory
Q.2) Ans:D Jurisdiction is a special power enjoyed by the
Exp: High Court. It extends to all courts that lie
• Statement 1 is incorrect: The number of within the territorial jurisdiction of the High
Judges of the Supreme Court are decided by Court. It is to be noted that it does not extend
Parliament. However, the number of Judges of to military courts.
high courts are decided by the President. • Statement 2 is correct: Supervisory
• Statement 2 is incorrect: Removal Jurisdiction of the High Court extends to not
proceedings against a Supreme Court or a High only judicial but also in administrative matters
Court judge can be initiated in any of the like paying wages to court employees.
houses of Parliament. For this: A minimum of • Statement 3 is incorrect: Article 226 of the
100 members of Lok Sabha or 50 members of Constitution empowers a high court to issue
Rajya Sabha may give a signed notice to the writs for the enforcement of the rights of the
speaker/Chairman. The speaker/Chairman citizens and for any other purpose. The high
may or may not admit the motion of removal. court can issue writs not only within its
territorial jurisdiction but also outside its
Q.3) Ans:D territorial jurisdiction if the cause of action
Exp: arises within its territorial jurisdiction.
• Statement 1 is incorrect: The Constitution
does not contain detailed provision to remove Q.6) Ans: C
 178

Exp:
• Statement 1 is incorrect- The Constitution has
not fixed any tenure for the judge of the Q.7) Ans: D
Supreme Court. Exp:
• But, it makes the following provisions in this ● Statement 1 is correct- Article 137
matter- Constitution of India: Review of judgments or
1. He/she holds office until he attains the age orders by the Supreme Court. Subject to the
of 65 years. Any question regarding his age provisions of any law made by Parliament or
is to be determined by such authority and any rules, the Supreme Court shall have power
in such manner as provided by Parliament. to review any judgment pronounced or order
2. He/she can resign his office by writing to made by it.
the President. ● Statement 2 is incorrect- The term Judicial
3. He/she can be removed from his office by Review is not explicitly mentioned in the
the President on the recommendation of Constitution. However, Some provisions in the
the Parliament only. constitution in the support of the judicial
review are:
o Article 13 declares that any law which
contravenes any of the provisions of the
part of Fundamental Rights shall be void.
o Articles 32 and 226 gives the roles of the
protector and guarantor of fundamental
rights to the Supreme Court and High
• Statement 2 is incorrect- A judge of the Courts.
Supreme Court can be removed from his office ● Statement 3 is correct- Judicial review evolved
by an order of the President only. The to protect the constitutionally guaranteed
President can issue such removal orders only fundamental rights of citizens. In order to
after an address by Parliament has been scrutinize the legitimacy of administrative
presented to him in the same session for such action and the statutes, the Constitution of
removal. The address must be supported by a India has given several powers to the high
special majority of each House of Parliament. courts and the Supreme Court of India. To
• Statement 3 is correct- The Constitution under guard the rights of the public and implement
Article 124(4) has provided for the the fundamental rights are the main objectives
impeachment of judges on the grounds of of judicial review.
proved misbehaviour or incapacity but the
Constitution has not given any mandate till
Q.8) Ans: A
date as to what constitutes 'misbehaviour' or
'incapacity'. Since the commencement of the Exp:
constitution no Judge of the Supreme Court
● Statement 1 is correct: The President may
has been impeached. The process of
make such provision as he thinks fit for the
impeachment has been kept complex to
discharge of the functions of the governor in
maintain the independence of the judiciary
any contingency not provided in the
and to ensure safe tenure to the judges who
Constitution, for example, the death of a sitting
are imparting justice.
governor. Thus, the chief justice of the
 179

concerned state can be appointed temporarily

as the governor of that state.
Q.10) Ans: D
● Statement 2 is incorrect: The constitution does
not lay down any grounds upon which the Exp:
governor may be removed by the President.
● Statement 1 is incorrect: The writ jurisdiction
The President can transfer a Governor from
of the Supreme Court is not exclusive. The high
one state to another state for the rest of the
courts are also empowered to issue writs for
term.
the enforcement of fundamental rights. Each
● Statement 3 is incorrect: A Governor holds
High Court has power to issue to any person
office for a term of five years from the date on
within its jurisdiction directions/ writs for
which he enters upon his office. However, his
enforcement of Fundamental Rights and for
term is subject to the pleasure of the President
any other purpose.
but, the Supreme Court held that the pleasure
● Statement 2 is incorrect: An aggrieved person
of the President is not Justifiable.
can directly go to the Supreme Court for the
enforcement of the fundamental rights in this
Q.9) Ans: B scenario the Supreme Court has original
jurisdiction’. Therefore, there is no need for an
Exp:
aggrieved person to compulsorily approach the
● Statement 1 is correct: For ensuring the High Court first for the enforcement of the
independence of the Supreme Court it is Fundamental rights.
bestowed with the power to punish for its ● Statement 3 is correct: Article 32 of the Indian
contempt. The Supreme Court can punish any Constitution empowers the Supreme Court to
person for its contempt. Its action and issue writs to enforce only the fundamental
decisions cannot be criticized and opposed by rights against a person or government
anybody. The Contempt of Court may be civil throughout the territory of India. Whereas,
or criminal. However, reasonable criticism of Article 226 empowers the High Courts of India
the judiciary act does not amount to contempt to issue writs for the enforcement of
of court. the fundamental rights as well as for other
● Statement 2 is incorrect: The jurisdiction of purposes like the enforcement of an ordinary
the Supreme Court cannot be curtailed. The legal right. High courts can issue writs against a
Parliament is not authorised to curtail the person residing, government or authority
jurisdiction and powers of the Supreme Court. located within its territorial jurisdiction Or
However, the Parliament can extend the same. Outside its territorial jurisdiction if the cause of
● Statement 3 incorrect: Article 143 of the action arises within its territorial jurisdiction.
Constitution of India confers upon the
Supreme Court advisory jurisdiction. The
Q.11) Ans: C
president can seek the opinion of the Supreme
Court in the two categories of matters- on the Exp:
question of law fact of public importance and
● Statement 1 is incorrect: The Judges of the
on any dispute arising out of any pre
High Court are appointed by the president. The
constitutional agreement treaty etc or other
chief justice is appointed by the president after
similar instruments.
consultation with the Chief Justice of India and
the governor of the state concerned. For the
appointment of other judges, the president
 180

also consults the Chief Justice of the Q.13) Ans: A

concerned High Court.
Exp:
● Statement 2 is incorrect: The constitution has
not prescribed a minimum age for ● Statement 1 is correct: the Parliament can
appointment as judge of high court. There are extend the jurisdiction of the High Court to any
some qualifications required for a person to be Union Territory or exclude the jurisdiction of
appointed as the Judge of the High Court- the High Court from any union territory.
● Statement 3 is correct: A judge of high court ● Statement 2 is incorrect: The salaries and
can be removed from his office by an order of allowances of the judges, the salaries
the president; the president can issue the allowances and pensions of the staff as well as
removal order only after an address by the administrative expenses of the High Court are
Parliament has been presented to him in the charged to the consolidated fund of the
same session for such removal. The President state. However, the pension of a High Court
of India can remove a Judge of the High Court, judge is charged on the consolidated fund of
from his office only if each house of the India.
parliament passes a resolution by a special ● Statement 3 is correct: In Chandra Kumar case
majority of its members in each house 1997, the Supreme Court ruled that the writ
requesting him to remove the judge. jurisdiction of both the High Court under
article 226 and that of the supreme court
under article 32 Constitutes a part of the basic
Q.12) Ans: B
structure of the constitution.
Exp:

● Statement 1 is incorrect: The 42nd Q.14) Ans: D

amendment act of 1976 curtailed the Judicial
Exp:
review power of the High Court. It debarred
the high court from considering the ● Option 1 is correct: Article 226 of the
constitutional validity of any Central law. But Constitution empowers a high court to issue
the 43rd Amendment Act of 1977 restored the writs including habeas corpus, mandamus,
original position. certiorari, prohibition and quo warranto for
● Statement 2 is correct: In addition to the enforcement of the fundamental rights of
the appellate jurisdiction and supervisory the citizens and for any other purpose.
jurisdiction over the subordinate courts, the ● Option 2 is correct: Disputes relating to
High Court has administrative control over election of members of parliament are under
them too. its laws are binding on all original jurisdiction of the high court. Further
subordinate courts functioning within its Article 323 B empowers the appropriate
territorial jurisdiction in the same sense as the legislature (Parliament or a state legislature) to
law declared by the supreme court is binding establish a tribunal for the adjudication of
on all Courts in India. election disputes.
● Statement 3 is correct: As a court of record, ● Option 3 is correct: Contempt of court also
the high court has the power to review and comes under the original jurisdiction of the
correct its own judgement / order / decision high court. In India, the contempt law is mainly
even though in this case no specific power of governed by the Contempt of Courts Act, 1971
review is conferred on the high courts by the as it empowers the court to punish acts of
constitution. contempt because of which the Supreme Court
 181

and High Courts, by the virtue of being courts by the state legislature. It should be noted here
of record hold inherent jurisdiction to punish that the pension of a high court judge is
for contempt of court. charged on the consolidated fund of India and
not the state.
• Statement 2 is correct The Constitution does
Q.15) Ans: B
not contain detailed provisions with regard to
Exp: the jurisdiction and the powers of a high court.
It only lays down that the jurisdiction and
● Statement 1 is incorrect: The collegium
powers of a high court are to be the same as
system has its genesis in a series of Supreme
immediately before the commencement of the
Court judgments called the ' Judges Cases' not
Constitution.
directly mentioned in constitution. The
Collegium System is that under which
Q.17) Ans: A
appointments and promotion and transfer of
Exp:
the judges of the Supreme Court are decided
• Statement 1 is correct The appointment ,
by a forum which consists of the Chief Justice
posting and the promotion of the district
of India plus four of the senior-most judges of
judges in the state are made by the Governor
the Supreme Court.
of the state in consultation with the high court.
● Statement 2 is correct: When there is a lack of
A person to be appointed as a district judge
quorum of the permanent judges to hold or
should not be already in the service of the
continue any session of the Supreme Court,
central and state government
the Chief Justice of India can appoint a judge of
• Statement 2 is incorrect For eligibility he/she
a High Court as an ad hoc judge of the Supreme
should have been an advocate or a pleader for
Court for a temporary period. He can do so
seven years and not 10 years
only after consultation with the Chief Justice of
• Statement 3 is incorrect He/she should be
the High Court concerned and with the
recommended by the high court for
previous consent of the president. The judge
appointment and not SC
so appointed should be qualified for
appointment as a judge of the Supreme Court. Extra edge by Onlyias
● Statement 3 is correct: Master of Roster refers • Appointment of persons (other than district
to the privilege of the Chief Justice to judges) to the judicial services of a state are
constitute Benches to hear cases.“No Judge made by the governor of the state after
can take up the matter on this own, unless consultation with the state public service
allocated by the Chief Justice of India, as he is commission and the high court
the master of the roster.”
Q.18) Ans: B
Q.16) Ans: B Exp:
• Statement 1 is incorrect:The President can
Exp:
transfer a judge from one high court to another
• Statement 1 is incorrect The salaries , after consulting the Chief Justice of India (not
allowances , privileges, leave of the judges of a Governor).In third judge case supreme court
high court are determined from time to time said that in case of transfer of high court
by the Parliament. Salaries , allowances of the judges, the chief justice of India should consult,
high court judges are charged on the in addition to the collegium of the four senior
consolidated fund of state and are non votable most judges of supreme court, the chief justice
 182

of the two concerned high court. On transfer (b) He should have been an advocate of a High
he is entitled to receive in addition to his salary Court (or High Courts in succession) for ten
such compensatory allowance as may be years
determined by Parliament. (c) He should be a distinguished jurist in the
• Statement 2 is correct: In 1994 the SC held that opinion of the president.
judicial review is necessary to check Thus it is clear that the Constitution has not
arbitrariness in transfer of judges but only the prescribed a minimum age for appointment as
judge who is transferred can challenge it. a judge of the Supreme Court.

Q.19) Ans: D Q.21) Ans: B

Exp: Exp:
● Statement 1 is incorrect The constitution of ● Statement 1 is incorrect: The constitution does
India provides for a high court for each state , not provide for minimum or maximum number
but the seventh amendment act of 1956 of judges in a high court. The number of judges
authorised the Parliament to establish a of the High Court is decided by the President of
common high court for two or more states or India.
for two or more states and a Union territory. ● Statement 2 is incorrect: The Parliament can
● Statement 2 is correct The Parliament can extend the jurisdiction of a high court to any
extend the jurisdiction of a high court to any union territory or exclude the jurisdiction of a
union territory or exclude the jurisdiction of a high court from any union territory.
high court from any union territory. ● Statement 3 is correct: According to
● Statement 3 is correct: A person appointed as Representations of People Act, 1951 the
a judge of a high court , before entering upon disputes regarding election of Member of
his office, has to make and subscribe an oath Parliament and member of state legislature is
or affirmation before the Governor of the state heard by the High Court. This power of the High
or some person appointed by him for this Court falls under its original jurisdiction.
purpose.

Q.22) Ans: C
Q.20) Ans: B
Exp:
Exp:
● Option 1 is correct: Matters related to
• Statement 1 is incorrect: Originally the revenue collection falls under the original
constitution prescribed for the Chief justice of jurisdiction of High Court
India and seven judges in Supreme Court and ● Option 2 is correct: enforcement of
also empowered Parliament of India to fundamental rights falls under original
increase the number of judges of the Supreme. jurisdiction of High Court
However, the number of judges of the High ● Option 3 is correct Cases requiring
Court is decided by the President. interpretation of constitution that are
• Statement 2 is correct: A person to be transferred from subordinate Court falls under
appointed as a judge of the Supreme Court original jurisdiction of High Court
should have the following qualifications: ● Option 4 is incorrect: Dispute relating to
1. He should be a citizen of India. election of Panchayat members is adjudicated
2. (a) He should have been a judge of a High Court as mentioned in state legislative acts. Thus
(or high courts in succession) for five years
 183

they do not fall under original jurisdiction of duties, except when an impeachment
High Court motion is under consideration of the
Parliament. Hence Statement (1) is
correct.
Q.23) Ans: C
o The retired judges of the Supreme Court
Exp: are prohibited from pleading or acting in
any Court or before any authority within
● Statement 1 is correct: At the time of lack of
the territory of India. This ensures that
quorum of the permanent judges to hold or
they do not favour any one in the hope of
continue any session of the Supreme Court,
future favour.
the Chief Justice of India can appoint a judge
o The Supreme Court can punish any person
of a High Court as an ad hoc judge of the
for its contempt. Thus, its actions and
Supreme Court for a temporary period. He can
decisions cannot be criticised and opposed
do so only after consultation with the chief
by anybody. This power is vested in the
justice of the High Court concerned and with
Supreme Court to maintain its authority,
the previous consent of the president.
dignity and honour. Hence Statement 2 is
● Statement 2 is correct: The judge so appointed
correct.
should be qualified for appointment as a judge
o The Chief Justice of India can appoint
of the Supreme Court. It is the duty of the
officers and servants of the Supreme Court
judge so appointed to attend the sittings of the
without any interference from the
Supreme Court, in priority to other duties of
executive. He can also prescribe their
his office. While attending, he enjoys all the
conditions of service.
jurisdiction, powers and privileges (and
o The Parliament is not authorized to curtail
discharges the duties) of a judge of the
the jurisdiction and powers of the
Supreme Court.
Supreme Court. The Constitution has
guaranteed to the Supreme Court
Q.24) Ans: A
jurisdiction of various kinds. However, the
Exp: Parliament can extend the same. Hence
statement 3 is incorrect. Etc
● The Supreme Court is a federal court, the
highest court of appeal, the guarantor of the
Q.25) Ans: D
fundamental rights of the citizens and
guardian of the Constitution. Thus, its Exp:
independence is very essential for the
● The Supreme Court is a federal court, the
effective discharge of the duties assigned to
highest court of appeal, the guarantor of the
it.It should be allowed to do justice without
fundamental rights of the citizens and
fear or favour.
guardian of the Constitution. It is also the final
● The Constitution has made the following
interpreter and guardian of the Constitution
provisions to safeguard and ensure the
and guarantor of the fundamental rights of the
independent and impartial functioning of the
citizens. Besides the above, the Supreme
Supreme Court:
Court has numerous other powers:
o The Constitution prohibits any discussion
o It has the power to review its own
in Parliament or in a State Legislature with
judgement or order. Thus, it is not bound
respect to the conduct of the judges of the
by its previous decision and can depart
Supreme Court in the discharge of their
from it in the interest of justice or
 184

community welfare. In brief, the Supreme unconstitutional and invalid (null and void) by
Court is a self-correcting agency. For the high court.
example, in the Kesavananda Bharati case ● The phrase ‘judicial review’ has not been used
(1973), the Supreme Court departed from in the Constitution. However, the provisions of
its previous judgement in the Golak Nath Articles 13 and 226 explicitly confer the power
case (1967). Hence Statement (1) is of judicial review on a high court. The
correct. constitutional validity of a legislative
o It is authorised to withdraw the cases enactment or an executive order can be
pending before the high courts and challenged in a high court on the following
dispose of them by itself. It can also three grounds:
transfer a case or appeal pending before o It infringes the fundamental rights (Part
one high court to another high court. III),
Hence Statement (3) is correct. o It is outside the competence of the
o Its law is binding on all courts in India. Its authority which has framed it, and
decree or order is enforceable throughout o It is repugnant to the constitutional
the country. All authorities (civil and provisions.
judicial) in the country should act in aid of ● The 42nd Amendment Act of 1976 attempted
the Supreme Court. Hence Statement (2) to curtail the judicial review power of the high
is incorrect. court. It debarred the high courts from
o It is the ultimate interpreter of the considering the constitutional validity of any
Constitution. It can give the final version central law. However, the 43rd Amendment
to the spirit and content of the provisions Act of 1977 restored the original position.
of the Constitution and the verbiage used
in the Constitution. Hence Statement (4) Q.27) Ans: C
is correct
Exp:
o It has power of judicial superintendence
and control over all the courts and Original Jurisdiction of the High court
tribunals functioning in the entire territory
It means the power of a high court to hear disputes
of the country.
in the first instance, not by way of appeal. It
● The Supreme Court’s jurisdiction and powers
extends to the following:
with respect to matters in the Union list can
be enlarged by the Parliament. Further, its o Matters of admiralty, will, marriage,
jurisdiction and powers with respect to other divorce, company laws and contempt of
matters can be enlarged by a special court. Hence statement (1) is correct
agreement of the Centre and the states. o Disputes relating to the election of
members of Parliament and state
Q.26) Ans: D legislatures. Hence statement (2) is
correct
Exp:
o Regarding revenue matters or an act
● Judicial review is the power of a judiciary to ordered or done in revenue collection.
examine the constitutionality of legislative o Enforcement of fundamental rights of
enactments and executive orders of both the citizens.
Central and state governments. If laws are o Cases ordered to be transferred from a
found to be violative of the Constitution (ultra- subordinate court involving the
vires), they can be declared as illegal,
 185

interpretation of the Constitution to its

own file.
o The four high courts (i.e., Calcutta,
Bombay, Madras and Delhi High Courts)
have original civil jurisdiction in cases of
higher value. Students Note
● Before 1973, the Calcutta, Bombay and
Madras High Courts also had original criminal
jurisdiction. This was fully abolished by the
Criminal Procedure Code, 1973.

Q.28) Ans: A

Exp:

● Statement 1 is correct: In the Indian single

integrated judicial system, the high court
operates below the Supreme Court and above
the subordinate courts. The judiciary in a state
consists of a high court and a hierarchy of
subordinate courts, where the HC occupies the
top position in the judicial administration of a
high court. The Constitution of India provides
for a high court for each state, but later the
Seventh Amendment Act of 1956 authorised
the Parliament to establish a common high
court for two or more states or for two or
more states and a union territory.
o Articles 214 to 231 in Part VI of the
Constitution deal with the organisation,
independence, jurisdiction, powers,
procedures and so on of the high courts.

● Statement 2 is incorrect: At present, there are

25 high courts in the country. Delhi is the only
union territory that has a high court of its own
( 1966). The other union territories fall under
the jurisdiction of different state high courts.
The Parliament can extend the jurisdiction of a
high court to any union territory or exclude
the jurisdiction of a high court from any union
territory.
 186

Union Com, Cabinet Secretary, State Com, Chief Secretary

• Statement 4 is incorrect: Chief Minister is the
Q.1) Ans: B chairman of the State Planning Board and he
Exp: acts as a vice-chairman of the concerned zonal
council by rotation, holding office for a period
• Statement 1 is correct: It is Constitutional for of one year at a time.
the Council of Ministers that enjoys a majority
in the Lower house to advise the President to Q.3) Ans: D
dissolve Lok Sabha anytime. Exp:
• Statement 2 is incorrect: The advice rendered • Statement 1 is correct: The chief secretary acts
by the Council of Minister cannot be inquired as the head of the state civil services,
in court of law. It showcases the affinity in maintaining morale of the civil servants. As a
relation between President and Council of conscience-keeper of all state civil servants
Ministers thus determining vacancies, appointments,
• Statement 3 is incorrect: Article 72 of the transfers, placements, seniority, promotions
Constitution prescribes that the total number and retirement of public servants.
of Ministers, including the Prime Minister, in • Statement 2 is correct: The chief secretary acts
the Council of Ministers shall not exceed 15 as the residual legatee, that is, he looks after
percent of the number of members of the all those matters which do not fall within the
House of the People. The 91st Amendment purview of other secretaries. He also acts as
curbed the PM's discretion to appoint any secretary, by rotation, of the zonal council and
number of ministers. exercises general supervision and control over
the entire state secretariat.
Q.2) Ans: B • Statement 3 is correct: The chief secretary’s
Exp: advice facilitates political decision-making. He
• Statement 1 is correct: - According to the plays a supervisory role and acts as a resource
Constitution, the Chief Minister may be a person in tendering advice.
member of any of the two Houses of a state
legislature. Q.4) Ans: C
• Statement 2 is incorrect: A person who is not Exp:
a member of the state legislature can be ● Statement 1 is correct- The council of
appointed as Chief Minister for six months, ministers exercises the executive authority of
within which time, he should be elected to the the Union Government. But It is the cabinet
state legislature, failing which he ceases to be which steers the ship of the state. Cabinet
the Chief Minister directs the council of ministers by taking
• Statement 3 is correct: Since the Chief decisions that are binding on all ministers.
Minister is the head of the council of ministers, Hence it can be said that the functions of the
his resignation or death automatically Council of ministers are determined by the
dissolves the council of ministers. The cabinet.
resignation or death of any other minister, on ● Statement 2 is incorrect- The Council of
the other hand, merely creates a vacancy, Ministers is collectively responsible to the
which the Chief Minister may or may not like Lower House of the Parliament .i.e. Lok Sabha
to fill. ● Statement 3 is correct- The Council of
Ministers doesn't meet as a body to transact
 187

the government business. It has no collective ● Statement 3 is incorrect: As per provision

functions. added by the 91st Amendment Act of 2003.
The total number of ministers including the
chief minister in the Council of Ministers in a
Q.5) Ans: B
state shall not exceed 15% of the total strength
Exp: of the Legislative Assembly of that state. but
the number of ministers including the chief
● Statement 1 is incorrect: Article 88 says that
minister in a state shall not be less than 12
Every Minister shall have the right to speak and
take part in the proceedings of either House,
any joint sitting of the houses and any Q.7) Ans: D
committee of parliament of which he is a
Exp:
member. but he shall not be entitled to vote.
● Statement 2 is correct: Article 75(2) states that ● Statement 1 is correct: The Cabinet Secretary
the ministers shall hold office during the is the top-most executive official and senior-
pleasure of the President. All the ministers are most civil servant of the Government of India.
appointed by the President on the advice of She/he is the ex-officio head of the Civil
the Prime Minister. Each minister has an Services Board and all civil services under the
individual responsibility. rules of business of the government. She/he is
● Statement 3 is incorrect: The advice of the the senior-most cadre post of the Indian
Council of Ministers is binding on the Administrative Service.
President. However, Article 74(2) barred ● Statement 2 is correct: She/He ranks on the
courts from inquiring into the advice given by same level as the Attorney General of India in
the Council of Ministers to the President. This the order of precedence. Both are in the 11th
provision emphasizes the intimate and rank in the table of precedence is - The
confidential relationship between the Attorney General of India, Cabinet Secretary,
president and the Council of Ministers. Lieutenant governors with their respective
union territories.
Q.6) Ans: C ● Statement 3 is correct: A cabinet Secretary is
appointed for a fixed tenure of two years.
Exp:
According to All India Services (Death-Cum-
● Statement 1 is correct: A person who is not a Retirement-Benefits) Rules, 1958, the
member of either House of the state government can give extension in service to a
legislature can also be appointed as a Minister. cabinet secretary provided the total tenure
But within six months he must become a does not exceed four years. As per the
member- either by Election or by nomination- modified rules, the central government may
of either House of the state legislature, give an extension in service for a further period
otherwise, he ceases to be a member. not exceeding three months, beyond the
● Statement 2 is incorrect: In the constitution, period of four years to a cabinet secretary.
there is no provision for the system of legal
responsibility of a minister in the states. It is
not required that an order of the Governor for
a public act should be countersigned by the
Minister.
 188

Q.8) Ans: D ● Pair 3 is correct: Article 75 and Article164

contains the principle of individual
Exp:
responsibility. It states that the Ministers hold
● Statement 1 is incorrect: In 1971, the office during the pleasure of the president /
Supreme Court held that even after the Governor .
dissolution of the Lok Sabha, the Council of
Ministers does not cease to hold office. Q.10) Ans: C
Hence, even when the Lok Sabha is dissolved,
Exp:
the President continues to work as per the aid
and advice of previous council of ministers till ● Statement 1 is correct: Cabinet is a smaller
the new COM assumes office body consisting of 15 to 20 ministers. It
● Statement 2 is incorrect: The cabinet is an includes the cabinet ministers only. Thus it is a
advisory body and a part of the Council of part of the Council of ministers. It supervises
Minister it directs the Council of Ministers by the implementation of its decisions by the
taking policy decisions which are binding on council of ministers.
all ministers. It exercises control over hire ● Statement 2 is incorrect: It was inserted in
appointments like constitution authorities Article 352 of the constitution in1978 by the
and senior Secretariat administrators . 44th constitutional amendment act. Thus it did
● Statement 3 is correct: Article 74(1) states not find a place in the original text of the
that there shall be a Council of Ministers with constitution.
a Prime Minister at the head to aid and advise ● Statement 3 is correct: The Cabinet is the
the President. However, the president may highest decision making authority in our
require the Council of Ministers to reconsider politico-administrative system. It is an advisory
such advice and the president shall act in body to the president and its advice is binding
accordance with the advice tendered after on them. It is also the supreme executive
such reconsideration. authority in the central government.

Q.11) Ans: D
Q.9) Ans: C
Exp:
Exp:
• Statement 1 is correct: They are appointed
● Pair 1 is correct: The principle of collective
among the members of the legislative
responsibility finds a place in Art. 75(3). It is the
assemblies in the state. They often hold the
duty of every minister to stand by cabinet
rank of minister of state and are appointed by
decisions and support them both within and
the chief minister of the state concerned.
outside the parliament.This also means that
• Statement 2 is correct: They are ruling party
the entire Council of ministers is a team that
members to assist ministers. They have no
sinks or swims together. So if the Lok Sabha
department in their control and are attached
passes a no confidence motion against the
to senior ministers. They are regarded for all
Council of ministers then all have to resign.
practical purposes and having access to all files
● Pair 2 is incorrect: There is no such thing as the
and documents.
Parliamentary Responsibility of Ministers
where the Duty of the Ministers to hold the
Parliament sessions diligently.
 189

Q.12) Ans: A assistance, implementation of decisions and

policy coordination.
Exp:
• Statement 3 is correct: The Chief secretary
• Statement 1 is correct: The Cabinet secretariat also acts as the Principal advisor to the chief
is responsible for the administration of the GoI minister on all the matters of State
(Transaction of Business rules),1961 and GoI administration.
(Allocation of business) rules, 1961 facilitating Extra edge by PW OnlyIAS
smooth transaction of business in
ministries/departments. It assists in decision Chief secretary is the principle channel of
making in government by ensuring inter- communication between the concerned state
ministerial coordination and evolving government and the Central Government.
consensus.

Q.14) Ans: D
Exp:
• Statement 1 is correct: The Cabinet Secretary
is ex-officio head of the Civil Services
Board and the Cabinet Secretariat. He is also
the head of the IAS and all civil services under
the rules of business of the Government of
• Statement 2 is incorrect: The cabinet India.
secretariat functions directly under the Prime • Statement 2 is correct: The Cabinet Secretary
Minister (and not Home Minister) is responsible to provide Secretarial assistance
• Statement 3 is incorrect: The administrative to the Cabinet and its Committees. He is also
head of the Secretariat is the Cabinet Secretary instrumental in attaining inter-ministerial
and not Chief Secretary who is also the ex- coordination and smooth functioning among
officio Chairman of the Civil Services Board. various Ministries.
• Statement 3 is correct: Cabinet Secretary is
also responsible to evolve consensus through
Q.13) Ans: C the instrumentality of a standing as well as ad
Exp: hoc committees of the secretaries

• Statement 1 is correct: The post of Chief Q.15) Ans: B

Secretary is the senior most position held in Exp:
the civil services of the state or Union territory. ● option 1 is correct: the President is the head
He acts as the head of state civil services. of Executive. All the decisions of the executive
Important cases pertaining to transfers, taken under his name.
appointment, and promotions of senior state ● option 2 is correct :The Vice President is also
civil servants goes to his/her desk. a part of the Executive.
• Statement 2 is incorrect: Cabinet secretary ● option 3 is correct: All the members of the
(and not chief secretary) is the administrative Council of Ministers are part of the union
head of the Union cabinet secretariat. Chief executive.
Secretary is the head of State cabinet ● option 4 is incorrect: Advocate general is the
secretariat whose functions include secretarial highest legal officer of the Executive and is a
 190

part of it. However there is no mention of of legal responsibility of a minister. It is not

solicitor-general as part of union executive required that an order of the President for
a public act should be countersigned by a
minister. Moreover, the courts are barred
Q.16) Ans : C
from enquiring into the nature of advice
Exp: rendered by the ministers to the president.

● Statement 1 is correct: Article 74 mentions

Q.17) Ans : C
there shall be a Council of Ministers with
the Prime Minister at the head to aid and Exp:
advise the President who shall, in the
● Statement 1 is correct: The Cabinet Secretary
exercise of his functions, act in accordance
is present in all meetings of the Cabinet and its
with such advice
committees. He is responsible for preparing
● Statement 2 is correct: The fundamental
the agenda, priorities of items and allocation of
principle underlying the working of the
subjects to Cabinet committees. The Prime
parliamentary system of government is the
Minister approves these. In these matters the
principle of collective responsibility. Article
Cabinet Secretary has to exercise his
75 clearly states that the council of
judgement taking into account the national
ministers is collectively responsible to the
priorities and what is considered important by
Lok Sabha. This means that all the ministers
the ministries. The Cabinet minutes are
own joint responsibility to the Lok Sabha for
prepared by the Cabinet Secretary,and
all their acts of omission and commission.
decisions communicated to the ministries by
● Statement 3 is incorrect: The Constitution
him.
does not provide provisions for resignation of
● Statement 2 is correct: The Cabinet Secretary
Ministers. It states that the ministers hold
has to play varied roles. He must keep track of
office during the pleasure of the president,
urgent problems in socio-economic and
which means that the President can remove
political aspects, on bottlenecks in the
a minister even at a time when the council
implementation of Government programmes,
of ministers enjoys the confidence of the Lok
on issues that the Prime Minister should know
Sabha. However, the President removes a
urgently and matters requiring his decisions.
minister only on the advice of the Prime
The Cabinet Secretary must use his discretion
Minister.
in all these matters and keep himself up-to-
● Statement 4 is incorrect: Constitution
date with relevant data. As there are no fixed
provides provisions only for the Prime
sources for such data, and, indeed there could
Minister and ministers and not for the Deputy
not be, the interpersonal skills of the
Prime Minister. The Supreme Court ruled that
incumbent and the confidence he evokes are
the description of a minister as Deputy
two important requirements of the job.
Prime Minister or any other type of minister
such as minister of state or deputy minister
Q.18) Ans : D
of which there is no mention in the
Constitution does not vitiate the oath taken Exp:
by him so long as the substantive part of
Council of ministers
the oath is correct.
● Statement 5 is incorrect: There is no ● The President exercises his powers only on the
provision in the Constitution for the system advice of the Council of Ministers. The Council
 191

of Ministers is headed by the Prime Minister. political, and parliamentary duties. They are
Therefore, as head of the Council of Ministers, not members of the cabinet and do not
the Prime Minister becomes the most attend cabinet meetings.
important functionary of the government in ● At times, the council of ministers may also
our country. include a deputy prime minister. The deputy
● In the parliamentary form of executive, It is prime ministers are appointed mostly for
essential that the Prime Minister has the political reasons.
support of the majority in the Lok Sabha.
● The Prime Minister then decides who will be Q.19) Ans : D
the ministers in the Council of Ministers. The
Exp:
Prime Minister allocates ranks and portfolios
to the ministers. Depending upon the seniority The prime minister leads the functioning and
and political importance, the ministers are exercise of authority of the government of India.
given the ranks of cabinet minister, minister of The Prime Minister plays a very significant and
State or deputy minister. highly crucial role in the politico-administrative
● The difference between them lies in their system of the country.
respective ranks, emoluments, and political
● Statement 1 and 2 is correct: He is the
importance. At the top of all these ministers
chairman of the
stands the Prime Minister, the supreme
a. NITI Ayog: Planning Commission was
governing authority of the country.
replaced by a new institution on January 1,
● The cabinet ministers head the important
2015 with emphasis on ‘Bottom –Up’
ministries of the Central government like
approach to envisage the vision of
home, defense, finance, external affairs and
Maximum Governance, Minimum
so forth. They are members of the cabinet,
Government, echoing the spirit of
attend its meetings and play an important
‘Cooperative Federalism’.
role in deciding policies. Thus, their
responsibilities extend over the entire gamut
of Central government.
● The ministers of state can either be given
independent charge of ministries/
departments or can be attached to cabinet
ministers. In case of attachment, they may
either be given the charge of departments
of the ministries headed by the cabinet
ministers or allotted specific items of work b. National Integration Council: It is an
related to the ministries headed by cabinet extra-constitutional body. Council
ministers. In both the cases, they work members include Cabinet ministers, Chief
under the supervision and guidance as well Ministers of states, political leaders,
as under the overall charge and Chairman of the University Grants
responsibility of the cabinet ministers. Commission, Commissioner for Scheduled
● The deputy ministers are not given Castes and Scheduled Tribes,
independent charge of representatives of industry, business and
ministries/departments. They are attached to trade unions.
the cabinet ministers or ministers of state c. InterState Council : Article 263 of the
and assist them in their administrative, Indian constitution gives provision for the
 192

establishment of an Inter-State Council. Jharkhand, Madhya Pradesh and Odisha,

This is to enhance the coordination there shall be a Minister in charge of tribal
between the Center and States. It is the welfare who may in addition be in charge
most dynamic platform to discuss policies, of the welfare of the scheduled castes and
strengthen the Centre-State relations and backward classes or any other work. The
act as a bridge to the trust deficit between state of Bihar was excluded from this
the Center and the States. This article provision by the 94thAmendment Act of
briefly explains the functions and various 2006.
other aspects of the Inter-State Council.
● Statement 3 is correct: He plays a significant Q.21) Ans : A
role in shaping the foreign policy of the
Exp:
country. All important matters on foreign
policy and security need the PM's approval ● Statement 1 is correct: The Chief Minister
before implementation. The PM's approval is shall be appointed by the Governor and The
crucial in the appointment of Indian other Ministers shall be appointed by the
Ambassadors and High Commissioners abroad, Governor on the advice of the Chief
though the formal letter of appointment is Minister. However, in the states of
issued by the President in his capacity as Head Chhattisgarh, Jharkhand, Madhya Pradesh
of State. In other words, on all major foreign and Odisha, there shall be a Minister in charge
policy issues, the buck stops at the door of the of tribal welfare who may in addition be in
Prime Minister. charge of the welfare of the scheduled castes
● Statement 4 is correct: He is the crisis and backward classes or any other work. The
manager-in-chief at the political level during state of Bihar was excluded from this
emergencies.The State Secretary to the Prime provision by the 94thAmendment Act of 2006.
Minister is responsible for leading the overall ● Statement 2 is incorrect: The Constitution
crisis management process. does not specify the size of the state council
of ministers or the ranking of ministers. They
Q.20) Ans: B are determined by the chief minister
according to the exigencies of the time and
Exp:
requirements of the situation. The total
● Option 2 is correct: The Governors of the number of ministers, including the chief
states of India have similar powers and minister, in the council of ministers in a state
functions at the state level as those of the shall not exceed 15 percent of the total
President of India at Central level. The Chief strength of the legislative assembly of that
Minister shall be appointed by the Governor state. But, the number of ministers,
and the other Ministers shall be appointed including the chief minister, in a state shall
by the Governor on the advice of the Chief not be less than 12. This provision was
Minister. added by the 91st Amendment Act of2003.

Q.22) Ans : D

Exp:

● Statement 1 is incorrect: Council of Ministers

is a constitutional body, dealt in detail by the
However, in the states of Chhattisgarh, Articles 74 and 75 of the Constitution. The
 193

word Cabinet was inserted in Article 352 of the also be disqualified to be appointed as a
Constitution in 1978 by the 44th Constitutional minister. This provision was also added by
Amendment Act. Thus, originally it was not the 91st Amendment Act of 2003.
mentioned in the original constitution. Now ● The ministers shall hold office during the
also, Article 352 only defines the cabinet saying pleasure of the President.
that it is ‘the council consisting of the prime ● The council of ministers shall be collectively
minister and other ministers of cabinet rank responsible to the Lok Sabha.
appointed under Article 75’ and does not ● The salaries and allowances of ministers
describe its powers and functions. shall be determined by the Parliament.
● Statement 2 is incorrect: Council of Ministers
size and classification are, however, not Students Note
mentioned in the Constitution. Its size is
determined by the prime minister according to
the exigencies of the time and requirements of
the situation.
● Statement 3 is incorrect: A cabinet is defined
as the body of officials that serve the
government departments. These officials are
often known as the cabinet ministers. On the
other hand, the council of ministers is defined
as the supreme decision-making body of
officials. The cabinet ministers have weekly
meetings regarding government work.The
council of ministers does not have such
meetings. The cabinet is responsible for policy-
making and the council is the decision-making
body.

Q.23) Ans: D

Exp:

Central Council of Minister

● The Prime Minister shall be appointed by

the President and the other Ministers shall
be appointed by the President on the advice
of the PrimeMinister.
● The total number of ministers, including the
Prime Minister, in the Council of Ministers
shall not exceed 15% of the total strength of
the Lok Sabha. This provision was added by
the 91st Amendment Act of2003.
● A member of either house of Parliament
belonging to any political party who is
disqualified on the ground of defection shall
 194

Anti-Defection Laws, 5th & 6th Schedule

Q.1) Ans: B

Exp:

• Statement 1 is correct: - A member of a House

belonging to any political party becomes
disqualified for being a member of the House,
if he voluntarily gives up his membership of
such political party.
• Statement 2 is incorrect: A member of a House • Statement 2 is correct: If a member, after
belonging to any political party becomes being elected as the presiding officer of the
disqualified for being a member of the House, House, voluntarily gives up the membership of
if he votes or abstains from voting in such his party or rejoins it after he ceases to hold
House contrary to any direction issued by his that office. This exemption has been provided
political party without obtaining prior in view of the dignity and impartiality of this
permission of such party and such act has not office.
been condoned by the party within 15 days.
Q.4) Ans: C
Q.2) Ans: C Exp:
Exp: • Statement 1 is incorrect: - Originally, the act
• Statement 1 is incorrect: - A nominated provided that the decision of the presiding
member of a House becomes disqualified for officer is final and cannot be questioned in any
being a member of the House if he joins any court. However, in Kihoto Hollohan case, it
political party after the expiry of six months held that the presiding officer's decision is
from the date on which he takes his seat in the subject to judicial review.
House. This means that he may join any • Statement 2 is correct: The presiding officer of
political party within six months of taking his a House is empowered to make rules to give
seat in the House without inviting this effect to the provisions of the Tenth Schedule.
disqualification. All such rules must be placed before the House
• Statement 2 is incorrect: An independent for 30 days. The House may approve or modify
member of a House (elected without being set or disapprove them. Further, he may direct
up as a candidate by any political party) that any willful contravention by any member
becomes disqualified to remain a member of of such rules may be dealt with in the same
the House if he joins any political party after manner as a breach of privilege of the House.
such election. • Statement 3 is incorrect: The Presiding officer
cannot take up an anti-defection case on suo-
Q.3) Ans: B moto basis, but can take up only when he
Exp: receives a complaint from a member of the
• Statement 1 is incorrect: - If a member goes House.
out of his party as a result of a merger of the
party with another party. A merger takes place Q.5) Ans: D
when two- thirds of the members of the party Exp:
have agreed to such a merger.
 195

● Statement 1 and 4 are correct: The law was It means that the defections have no
supposed to and has certainly been able to protection on Grounds of splits.
curb the evil of defection to a great extent. It ● Statement 3 is correct: The disqualification on
has reduced corruption as well as non- the ground of defection does not apply if a
developmental expenditure incurred on a member, after being elected as the presiding
regular election. Political instability caused by officer of the house, voluntarily gives up the
frequent and unholy change of allegiance on membership of his party or rejoins it after he
the part of the legislators of our country has ceases to hold that office. This exemption has
been contained to a very great been provided in view of the dignity and
extent. Moreover, it gives, for the first time, a impartiality of this office.
clear-cut constitutional recognition to the ● Statement 4 is correct: A nominated member
existence of political parties. of a house does not become disqualified for
● Statement 2 is incorrect: Despite the being a member of the house if he joins any
positives, a very alarming trend of legislators political party before the expiry of six months
defecting in groups to another party in search from the date on which he takes his seat in the
of greener pastures is visible. The recent house.
examples of defection in state Assemblies
(Goa, Karnataka etc.) and even in Rajya Sabha
Q.7) Ans: B
bear this out. This only shows that the law
needs a relook in order to plug the loopholes Exp:
it obviously has.
● Statement 1 is incorrect: The 91st amendment
● Statement 3 is incorrect: The anti-defection
to the constitution added article 75 (1A)
law does not make a differentiation between
according to which the total number of
dissent and defection. It curbs the legislator’s
Ministers, including the Prime Minister, in the
right to dissent and freedom of conscience. It
Council of Ministers shall not exceed fifteen
clearly puts party bossism on a pedestal and
per cent of the total number of members of
sanctions tyranny of the party in the name of
the House of the People.
the party discipline.

Q.6) Ans: D

Exp:

● Statement 1 is incorrect: The disqualification

● Statement 2 is correct: The amendment also
on the ground of defection does not apply if a
added article 75 (1B) according to which A
member goes out of his party as a result of a
member of either House of Parliament
merger of the party with another party. A
belonging to any political party who is
merger takes place when two-thirds of the
disqualified for being a member of that House
members of the parties have agreed to such a
under the Tenth Schedule shall also be
Merger.
disqualified to be appointed as a Minister
● Statement 2 is incorrect: The provision of the
● Statement 3 is correct: The 91st amendment
10th schedule pertaining to exemption from
also added article 361B according to which a
disqualification in case of split by one third
member of a House belonging to any political
members of the Legislature party has been
party who is disqualified for being a member of
deleted by the 91st Amendment Act of 2003.
the House under the Tenth Schedule shall also
 196

be disqualified to hold any remunerative • Statement 1 is incorrect: Each autonomous

political post. district has a district council consisting of 30
o The expression “remunerative political members, of whom four are nominated by the
post” means any office— governor and the remaining 26 are elected on
§ under the Government of India the basis of adult franchise. The elected
(State) where the salary or members hold office for a term of five years
remuneration for such office is (unless the council is dissolved earlier) and
paid out of the public revenue of nominated members hold office during the
the Government of India(State) pleasure of the governor.
§ under a body, whether • Statement 2 is correct: The autonomous
incorporated or not, which is district is empowered to assess and collect
wholly or partially owned by the land revenue and to impose certain specified
Government of India (State) and taxes. Similar Powers are also available with
the salary or remuneration for regional councils.
such office is paid by such body, • Statement 3 is correct: The district and
except where such salary or regional councils administer the areas under
remuneration paid is their jurisdiction. They can make laws on
compensatory in nature. certain specified matters like land, forests,
canal water, shifting cultivation, village
Q.8) Ans: B administration, and inheritance of property,
Exp: marriage and divorce, social customs. But all
such laws require the assent of the governor.
• Statement 1 is incorrect: The Constitution,
under Sixth Schedule, contains special Q.10) Ans: D
provisions for the administration of tribal areas Exp:
in the four north-eastern states of Assam, Autonomous District councils:
Meghalaya, Tripura and Mizoram. ● As per the Sixth Schedule, the four states viz.
• Statement 2 is incorrect: The tribal areas in the Assam, Meghalaya, Tripura and Mizoram
four states of Assam, Meghalaya, Tripura and contain the Tribal Areas which are technically
Mizoram have been constituted as different from the Scheduled Areas (5th
autonomous districts. District and regional Schedule).
councils can make laws on certain specified ● Though these areas fall within the executive
matters like land, forests, canal water, shifting authority of the state, provision has been
cultivation, village administration, inheritance made for the creation of the District Councils
of property, marriage and divorce and social and regional councils for the exercise of the
customs. But they do not fall outside the certain legislative and judicial powers.
executive authority of the state concerned. ● The Governor is empowered to :
• Statement 3 is correct: The governor is o Organise or Reorganise any area of
empowered to organise and re-organise the autonomous district.
autonomous districts. Thus, he can increase or o increase the area of any autonomous
decrease their areas or change their names or district
define their boundaries and so on. o diminish the area of any autonomous
district.
Q.9) Ans: B o alter the name of any autonomous district.
Exp:
 197

o define the boundaries of any autonomous giving directions to the states regarding the
district. administration of such areas.
● Statement 3 is incorrect: Each state having a
scheduled area has to Mandatorily establish
Q.11) Ans: B
the tribes Advisory Council to advise on
Exp: welfare and advancement of the scheduled
tribes. It consists of 20 members, three-fourth
Fifth schedule of the Indian Constitution:
of whom are to be the representatives of the
● According to article 244 of part X of the scheduled tribes in the state legislative
constitution, the provisions of the Fifth assembly. A similar Council can also be
Schedule shall apply to the administration and established in a state having Scheduled Tribes,
control of the Scheduled Areas and Scheduled but not schedule areas therein,if the president
Tribes in any State other than the States of so directs.
Assam, Meghalaya, Tripura and Mizoram.
● The Philosophy behind the schedule areas is
that they are inhabited by aboriginals who are
socially and economically backward and Q.13) Ans: A
hence special efforts need to be made to Exp:
improve their condition. Therefore the whole Governor and the Fifth schedule:
of the normal administrative machinery ● The governor can direct that any particular act
operating in the state is not extended to the of Parliament or the state legislature does not
schedule areas and the central government apply to a scheduled area or apply with
has somewhat greater responsibility for this specified modifications and exceptions.
area ● He/she can also make regulations for the
peace and good government of a scheduled
area after consulting the tribes advisory
Q.12) Ans: A
council. Such regulations may prohibit or
Exp: restrict the transfer of land by or among
members of the scheduled tribes, regulate the
● Statement 1 is correct: The president is
allotment of land to members of the scheduled
empowered to declare an area to be a
tribes and regulate the business of money-
scheduled area. He can also increase or
lending in relation to the scheduled tribes.
decrease its area, alter its boundary lines,
● Also, a regulation may repeal or amend any act
rescind such designation or make fresh orders
of Parliament or the state legislature, which is
for such re-designation on area in consultation
applicable to a scheduled area. But, all such
with the governor of the state concerned.
regulations require the assent of the
● Statement 2 is correct: The executive power of
president.
a state extends to the scheduled areas therein.
But the governor has a special responsibility
regarding such areas. He has to submit a Q.14) Ans: D
report to the president regarding the
Exp:
administration of such areas, annually or
whenever so required by the president. The ● Statement 1 is incorrect: Provisions related to
executive power of the Centre extends to administration of the scheduled tribes ( Fifth
Schedule and Sixth Schedule of the Indian
 198

Constitution ) can be subjected to changes and • Statement 3 is correct: He shall also be

amendments by a simple majority of the disqualified to hold any remunerative political
Parliament and hence do not require the post.
consent of the state legislature
● Statement 2 is correct: According to article Q.16) Ans: C
339 of the Constitution of India, The President
Exp:
may at any time appoint a Commission to
report on the administration of the Scheduled Rule making power:
Areas and the welfare of the Scheduled Tribes
● To give effect to the provisions of the Tenth
in the States. Hence, a commission was
Schedule, the presiding officer of a House is
appointed in 1960. It was headed by
empowered to make rules.
U.N.Dhebar and submitted its report in 1961.
● All such rules must be placed before the
After four decades, the second commission
House for 30 days. The House may either
was appointed in 2002 under the
approve or modify or disapprove the rules.
chairmanship of Dilip Singh Bhuria. It
● Presiding officer may direct that any willful
submitted its report in 2004
contravention by any member of such rules
● Statement 3 is correct: The acts of Parliament
may be dealt with in the same manner as a
or the state legislature do not apply to
breach of privilege of the House.
autonomous districts and autonomous
● According to the rules, the presiding officer
regions or apply with specified modifications
can take up a defection case only when he
and exceptions. The power of direction, in this
receives a complaint from a member of the
regard, lies either with the president or
House.
governor. Thus, in the case of Assam, it lies
● Before taking the final decision, the presiding
with the Governor, both in respect of acts of
officer must give the member (against whom
Parliament or state legislature. In the case of
the complaint has been made) a chance to
Meghalaya, Tripura and Mizoram, it lies with
submit his explanation.
the president in respect of acts of Parliament
● Although, the Presiding officer may also refer
and governor in respect of acts of state
the matter to the committee of privileges for
legislature.
inquiry. Hence, defection has no immediate
and automatic effect.
Q.15) Ans: B
Q.17) Ans: D
Exp:
Exp:
• Statement 1 is incorrect: Disqualification will
not bar a member from contesting any future About Kihoto Hollohan Case:
election during the remaining period of the
● Originally, the 52nd Amendment act of 1985,
house.
provided that the decision of the presiding
• Statement 2 is correct: As per provision added
officer is final and cannot be questioned in any
by 91st amendment act a member of either
court.
house of Parliament belonging to any political
● However, in Kihoto Hol lohan case (1993), the
party who is disqualified on the ground of
Supreme Court declared the above provision
defection shall also be disqualified to be
as unconstitutional on the ground that it seeks
appointed as a minister.
to usurp the jurisdiction of the Supreme Court
and the high courts.
 199

● The judgment held that the presiding officer, autonomous regions or apply with specified
while deciding a question under the Tenth modifications and exceptions.
Schedule, function as a tribunal. o The governor can appoint a commission
● Hence, the decision of the presiding officer is to examine and report on any matter
similar to any other tribunal which is subjected relating to the administration of the
to judicial review on the grounds of mala fides, autonomous districts or regions.
perversity, etc. o Governor (not president) may dissolve a
● However, the court rejected the contention district or regional council on the
that the vesting of adjudicatory powers in the recommendation of the commission.
presiding officer is by itself invalid on the
ground of political bias. Students Note
About Other judgements:

● Minerva Mills Case provides for harmony and

balance between Directive principles and
Fundamental rights.
● Indra Sawhney Case popularly known as
Mandal Case provides for the principle of
equality and rule of law.
● I.R Coelho Case popularly known as IX
schedule Case provides for
o Rule of law, separation of powers,
Principles (or essence) underlying
fundamental rights, judicial review and
principle of equality.

Q.18) Ans: B

Exp:

● Option B is correct: Under Sixth Schedule,the

Constitution provides special provisions for the
administration of tribal areas in the four north-
eastern states of Assam, Meghalaya, Tripura
and Mizoram.
● The governor is empowered to organise and
re-organise the autonomous districts.
Governors can also increase or decrease their
areas or change their names or define their
boundaries and so on.
● If there are various tribes in an autonomous
district, then the Governor of a state can
divide the district into several autonomous
regions.
● The acts of Parliament or the state legislature
do not apply to autonomous districts and
 200

Election Commission Of India And Comptroller And Auditor General (CAG)

Q.1) Ans: C
Exp:
● Statement 1 is incorrect: - The Election
Commission is a permanent and an
independent body established by the
Constitution of India directly to ensure free
and fair elections in the country, but not
established under a legislation of parliament.
● Statement 3 is incorrect: In case of difference
● Statement 2 is incorrect: The Election
of opinion amongst the Chief Election
Commission shall consist of the chief election
Commissioner and/or two other election
commissioner and such number of other
commissioners, the matter is decided by the
election commissioners, if any, as the
Commission by majority.
president may from time-to-time fix.
● Statement 3 is incorrect: The conditions of
service and tenure of office of the election Q.3) Ans: A
commissioners and the regional
Exp:
commissioners shall be determined by the
president. ● Statement 1 is correct: - The chief election
commissioner is provided with the security of
tenure and cannot be removed from his office
Q.2) Ans: C
except in the same manner and on the same
Exp: grounds as a judge of the Supreme Court. In
other words, he can be removed by the
● Statement 1 is incorrect: - During its inception
president on the basis of a resolution passed to
in 1950 the election commission functioned as
that effect by both the Houses of Parliament
a single member body consisting of the Chief
with special majority, either on the ground of
Election Commissioner and since 1993 it is
proved misbehaviour or incapacity. Thus, he
functioning as a multi-member body consisting
does not hold his office till the pleasure of the
of three election commissioners.
president, though he is appointed by him.
● Statement 2 is incorrect: The chief election
● Statement 2 is correct: The Constitution has
commissioner and the two other election
not debarred the retiring election
commissioners have equal powers and receive
commissioners from any further appointment
equal salary, allowances and other perquisites,
by the government.
which are similar to those of a Judge of the
● Statement 3 is incorrect: The Constitution has
Supreme Court.
not prescribed the qualifications (legal,
educational, administrative or judicial) nor the
term of the members of the Election
Commission.

Q.4) Ans: C

Exp:
 201

● Statement 1 is correct: The model code of

● Polling booths: Only voters, and those with a
conduct issued by the ECI is a set of guidelines
valid pass from the Election Commission, will
meant for political parties, candidates and
be allowed to enter polling booths.
governments to adhere to during an election.
● Observers: The Election Commission will
This code is based on consensus among
appoint observers to whom any candidates
political parties. It has not been given any
may report problems regarding the conduct
legal backing. However, certain provisions of
of the election.
the MCC may be enforced through invoking
corresponding provisions in other statutes
such as the Indian Penal Code, 1860, Code of Q.5) Ans: D
Criminal Procedure, 1973, and Representation Exp:
of the People Act, 1951. ● Statement 1 is correct: The CAG is an agent of
● Statement 2 is correct: Its origin can be traced the Parliament and conducts an audit of
to a code of conduct for political parties expenditure on behalf of the Parliament.
prepared by the Kerala government in 1960 Therefore, he is responsible only to the
for the Assembly elections. It was adopted, Parliament.
refined and enlarged by the ECI in later years, ● Statement 2 is correct: He/she is the guardian
and was enforced from 1991 onwards. of the public purse and controls the entire
financial system of the country at both the
Extra edge by PW ONLYIAS:
levels–the Centre and the state. His/her duty is
Key provisions of the Model Code of Conduct:
to uphold the Constitution of India and laws of
● General Conduct: Criticism of political parties
Parliament in the field of financial
must be limited to their policies and
administration.
programmes, past record and
● Statement 3 is correct: The Constitution
work. Prohibited Activities include:
(Article 149) authorises the Parliament to
o using caste and communal feelings to
prescribe the duties and powers of the CAG in
secure votes
relation to the accounts of the Union and of
o criticising candidates on the basis of
the states and of any other authority or body.
unverified reports
Accordingly, the Parliament enacted the CAG’s
o bribing or intimidation of voters, and
(Duties, Powers and Conditions of Service) act,
o organising demonstrations or picketing
1971.
outside houses of persons to protest
against their opinions,
● Meetings: Parties must inform the local Q.6) Ans: D
police authorities of the venue and time of
any meeting in time to enable the police to Exp:
make adequate security arrangements. ● Statement 1 is incorrect: The CAG is appointed
● Processions: If two or more candidates plan by the president of India and holds office for a
processions along the same route, organisers period of six years or up to the age of sixty-five
must establish contact in advance to ensure years, whichever is earlier.
that the processions do not clash. Carrying
and burning effigies representing members of
other political parties is not allowed.
 202

country on the basis of the Delimitation

Commission act of parliament.
o To notify the dates and schedules of
elections and to scrutinize nomination
papers
o To register political parties for the
purpose of elections and grant them the
status of national or state parties on the
basis of their poll performance.
● Statement 2 is incorrect: The CAG is removed
o To advise the president whether elections
by the president only in accordance with the
can be held in a state under president’s
procedure mentioned in the constitution i.e.,
rule in order to extend the period of
on the grounds similar to the removal of a
emergency after one year
Supreme Court Judge and therefore, does not
o To advise the president on matters relating
hold office in the pleasure of the President.
to the disqualifications of the members of
● Statement 3 is incorrect: The CAG salary and
parliament.
other service conditions are determined by
o To appoint officers for inquiring into
the Parliament and his salary is equal to that
disputes relating to electoral
of a judge of the Supreme Court.
arrangements.
o To act as a court for settling disputes
Q.7) Ans: C
related to granting of recognition to
Exp:
political parties and allotment of election
• Options 1, 2, 3 and 6 are correct : The Election
symbols to them
Commission administers elections to the Lok
o To cancel polls in the event of rigging,
Sabha, Rajya Sabha, State Legislative
booths capturing, violence and other
Assemblies (including Delhi), State Legislative
irregularities.
Councils and the offices of the President and
• Statement 3 is incorrect: The ECI in a recent
Vice President of the country.
affidavit, pointed out to the Supreme Court
• Option 4 and 5 are not correct: According to
that Section 29A of the Representation of
Article 243K and Article 243-ZA ,the
People Act provides for procedure of
superintendence, direction and control of the
registration of political parties, but it does not
preparation of electoral rolls for, and the
expressly confer any power on the Election
conduct of, all elections to the Municipalities
Commission regarding deregistration of
and Panchayats shall be vested in the State
political parties. The Election Commission
Election Commission consisting of a State
went on to demand that it must be
Election Commissioner to be appointed by the
empowered to deregister a political party if it
Governor
violates provisions of the Constitution and
refuses to bring reforms to maintain inner
Q.8) Ans: D
party democracy.
Exp:
• Statements 1,2 and 4 are correct: The
Q.9) Ans: A
following is a non-exhaustive list of the various
Exp:
functions of the election commission of India :
• Statement 1 is correct: According to Article
• To determine the territorial areas of the
324 of the constitution the chief election
electoral constituencies throughout the
commissioner shall not be removed from his
 203

office except in like manner and on the

grounds as a judge of the supreme court and
the conditions of service of the chief election
commissioner shall not be varied to his
disadvantage after his appointment.
• Statements 2 is incorrect: The constitution has
not prescribed the qualifications ( legal,
educational administrative or judicial ) of the
members of the election commission. The • Statement 2 is incorrect: The Second
supreme court, recently pointed out that, Backward classes’ commission or Mandal
there is a “gap” due to the lack of a commission recommended that the members
parliamentary law which transparently spells of OBC be granted reservations to 27 % of jobs
out the eligibility criteria required for a person under the Central government and public
to be an election commissioner and that there sector undertakings.
is a “legitimate expectation in the The First backward classes commission is
Constitution of India” that Election called the Kaka Kelkar commission.
Commissioner should be appointed through • Statement 3 is incorrect: Mandal commission
the “most transparent and just process” or the Socially and Educationally Backward
formalised by a law enacted by the Classes commission was established with a
Parliament. mandate to “identify the socially or
• Statements 3 and 4 are incorrect: The educationally backward classes” of India.
constitution has not prescribed the term and
conditions of service of the Election Q.11) Ans: C
Commission members. The Election Exp:
commission (CONDITIONS OF SERVICE OF • Statement 1 is Correct: Clause (6) of Article
ELECTION COMMISSIONERS AND 324 provides that the President, or the
TRANSACTION OF BUSINESS)] Act, 1991, Governor of a State shall, when so requested
stipulates that the members of the election by the Election Commission, make available to
commission shall hold office for a term of 6 the Election Commission or to a Regional
years or until they attend the age of 65 years, Commissioner such staff as may be necessary
whichever is earlier. The act further stipulates for the discharge of the functions conferred on
various conditions of service of the members the Election Commission.
of the election commission. • Statement 2 is Incorrect : The Commission
shall have power to recommend disciplinary
Q.10) Ans: C action, to the competent authority, against the
Exp: officers for insubordination or dereliction of
• Statement 1 is incorrect: Initially NCBC was a duty while on election duty. Hence it can only
statutory body established under the Ministry recommend disciplinary action & not take
of Social Justice and Empowerment, but later action by itself.
102nd Constitution Amendment Act, 2018 • Statement 3 is Correct : Election commission
provided constitutional status to the National has been given power to superintendence,
Commission for Backward Classes (NCBC). direction and control of the preparation of
Thus NCBC is a Constitutional body. electoral rolls for all elections to both
 204

Parliament and to the Legislature of every Q.14) Ans: A

State.
Exp:

Q.12) Ans: D • Statement 1 is Correct : The CAG is appointed

by the President of India by warrant under his
Exp:
hand and seal
• The power conferred on the Commission • Statement 2 is Incorrect : Section IV of the
under Article 324 (1) is subjected to two Third Schedule of the Constitution lays down
limitations, namely the form of oath or affirmation for both the
• Statement 1 is correct: When Parliament or Judges of the Supreme Court as well as the
any State Legislature has made a valid law Comptroller and Auditor General of India.
relating to or in connection with elections, the • Statement 3 is Correct: Article 150 says the
Commission shall act in conformity with such President of India shall prescribe to the CAG
law. the form in which the accounts of the Union
• Statement 2 is Correct: The Commission while and the States shall be maintained and kept
exercising power shall conform to the rule of
law, act bona fide and be amenable to the
Q.15) Ans: B
norms of natural justice.
Exp:

Q.13) Ans: D • Statement 1 is Correct : The CAG is authorised

to audit the accounts and expenditures from
Exp:
the Consolidated Fund of India, and of States
• The modern-day role of the Comptroller and and those Union Territories which have
Auditor General of India has developed legislative assemblies.
through the practice and traditions that were • Statement 2 is Incorrect : CAG also audits all
followed during colonial British India expenditures from the Contingency Fund of
• Statement 1 is Correct : Sir Edward Drummond India (Article 267) and Public Account of India
was appointed as the first Auditor General of (Clause 2 of Article 266) as well as those of the
India in November 1860 and his authority states
derived from the Government of India Act, • Statement 3 is Correct : On request from the
1858 President or Governor, CAG also audits the
• Statement 2 is Correct : After a few more reports of the local bodies
years, the Montford Reforms of 1919 made the
office of CAG independent from the sovereign.
Q.16) Ans: C
• Statement 3 is Correct : The powers of CAG
were reinforced by the Government of India Exp:
Act, 1935 by provisioning for Provincial
• Article 148 of the constitution provides for an
Auditor-Generals in the federal setup of British
independent office of the CAG. It is the
India. The Government of India (Audit and
supreme audit institution of India.
Accounts) Order, 1936 laid down the
• Statement 1 is Correct: He is appointed by the
conditions of service of the Auditor General,
President of India by a warrant under his hand
and also defined his duties and powers
and seal. His Salary and other service
concerning audits and reports
conditions are determined by the Parliament.
 205

• Statement 2 is Incorrect : No minister can with special majority, either on the ground of
represent the CAG in parliament proven misbehavior or incapacity. Thus, he
• Statement 3 is Correct: CAG can be removed does not hold his office till the pleasure of the
by the President on the same grounds and in president, though he is appointed by him.
the same manner as a judge of the Supreme ● Statement 3 is incorrect: The Constitution has
Court i.e he can be removed by the President not prescribed the qualifications (legal,
on the basis of a resolution passed to that educational, administrative or judicial) of the
effect by both the Houses of Parliament with members of the Election Commission.
special majority, either on the ground of o The Constitution has not specified the
proved misbehaviour or incapacity term of the members of the Election
commission.
o The Constitution has not debarred the
Q.17) Ans: B
retiring election commissioners from any
Exp: further appointment by the government.

● Option B is correct: Election Commission of

India gets the power to advise the president on Q.19) Ans: D
matters relating to the disqualification of a
Exp:
Member of Parliament from Representation of
Peoples Act, 1951. About CAG:
● Section 8 of the Representation of Peoples Act,
● CAG is the head of the Indian Audit and
1951 mentions the disqualification of MP and
Accounts Department. He is the guardian of
MLA.
the public purse and controls the entire
● In 2018, the Election Commission advised the
financial system of the country at both the
President to disqualify 20 AAP MLA due to the
levels—the Center and the state.
office of profit.
● His duty is to uphold the Constitution of India
and laws of Parliament in the field of financial
Q.18) Ans: A
administration.
Exp: ● The Constitution (Article 149) authorizes the
Parliament to prescribe the duties and powers
● Statement 1 is correct: Chief Election
of the CAG in relation to the accounts of the
Commissioner and other election
Union and of the states and of any other
Commissioner can hold office for a term of six
authority or body.
years or until they attain the age of 65years,
● Accordingly, the Parliament enacted the CAG’s
whichever is earlier. They can resign at any
(Duties, Powers and Conditions of Service)
time or can also be removed before the expiry
act, 1971.
of their term.
● So, CAG has the power to audits the receipts
● Statement 2 is correct: The chief election
and expenditure of the following:
commissioner is provided with the security of
o All bodies and authorities substantially
tenure. He cannot be removed from his office
financed from the Central or state
except in the same manner and on the same
revenues;
grounds as a judge of the Supreme Court. In
o Government companies; and
other words, he can be removed by the
o Other corporations and bodies, when so
president on the basis of a resolution passed to
required by related laws.
that effect by both the Houses of Parliament
 206

Q.20) Ans: C private professional auditors and the CAG

does not come into the picture at all.
Exp:
● They submit their annual reports and accounts
● Option C is correct: The role of CAG is to directly to the Parliament.
uphold the Constitution of India and the laws ● Examples of such corporations are Life
of Parliament in the field of financial Insurance Corporation of India, Reserve Bank
administration. of India, State Bank of India, Food Corporation
● The accountability of the executive (i.e., of India, and others.
council of ministers) to the Parliament in the
Extra Edge by only IAS
sphere of financial administration is secured
through audit reports of the CAG. The role of CAG in the auditing of public
● The CAG is an agent of the Parliament and corporations is limited. Broadly speaking, his
conducts audits of expenditure on behalf of relationship with the public corporations falls into
the Parliament. Therefore, he is responsible the following three categories:
only to the Parliament.
1. Some corporations are audited totally and
directly by the CAG.
Q.21) Ans: B
Example- Damodar Valley Corporation, Oil
Exp: and Natural Gas Commission, Air India, Indian
Airlines Corporation, and others.
● Statement 1 is correct: The Constitution of
India visualizes the CAG to be Comptroller as 2. Some other corporations are audited by
well as Auditor General. However, in practice, private professional auditors who are
the CAG is fulfilling the role of an Auditor- appointed by the Central Government in
General only and not that of a Comptroller. In consultation with the CAG. If necessary, the
other words, the CAG has no control over the CAG can conduct a supplementary audit.
issue of money from the consolidated fund and Example- Central Warehousing Corporation,
many departments are authorized to draw Industrial Finance Corporation, and others.
money by issuing cheques without specific
3. Some other corporations are totally
authority from the CAG, who is concerned
subjected to private audits.
only at the audit stage when the expenditure
Example- RBI, SBI, FCI etc.
has already taken place.
● Statement 2 is incorrect: In this respect, the
CAG of India differs totally from the CAG of Q.23) Ans: C
Britain who has powers of both Comptroller as
well as Auditor General. In other words, in Exp:
Britain, the executive can draw money from Model Code of Conduct
the public exchequer only with the approval
of the CAG. ● The Model Code of Conduct (MCC) is a set of
guidelines issued by the Election Commission
Q.22) Ans: A of India for conduct of political parties &
candidates during elections.
Exp: ● The norms have been evolved with the
● Option A is correct: Some corporations are consensus of political parties who have
totally subjected to private audit. In other consented to abide by the principles embodied
words, their audit is done exclusively by
 207

in the said code and also binds them to respect tampering of machines apart from ensuring
and observe it in it’s letter and spirit. rapidity of poll and instantaneous results.
● The Model Code also prescribes guidelines for ● Statement 2 is incorrect: The Parliament has
the ruling party either at the Center or in the amended the Representation of People Act,
State to ensure that a level field is maintained 1951, in March, 1989, introducing Section 61
and that no cause is given for any complaint (A) in the said Act, which provided for the
that the ruling party has used its official recording of votes of voting machines in such
position for the purposes of its election manner as may be prescribed, may be adopted
campaign. in such constituencies or constituencies as the
● Statement 1 is incorrect: The model code of Election Commission may specify.
conduct cannot be enforceable by law ● In pursuance of the above provisions, the
because it is not statutory. Central Government amended the Conduct of
● Statement 2 is incorrect: Model code of Election Rules, 1961, by inserting a new
conduct is not mentioned anywhere in the Chapter II [Rules 49(a) to 49(x)] for facilitating
constitution. Therefore, it does not have the use of Electronic Voting Machines.
constitutional authenticity and nor is a source
of constitutional power of the Election Students Note
Commission.
● Statement 3 is incorrect: No provision of
model code of conduct has been made in the
RPAct, 1951.Thus, it is not statutorily binding.

Q.24) Ans: D

Exp:

Electronic Voting Machine

● Electronic voting machine is a wireless, stand-

alone unit which works on a 'one -time
Programmable chip'.
● Advantage of EVM:
o Electronic Voting Machines have been
developed to facilitate easy polling and
counting.
o The use of the machine is to save the cost
of paper and printing etc.
o To get the result within three to four hours,
thus saving a lot of manual exercise
involved in conventional counting.
● Statement 1 is incorrect: The machines have
been developed by Electronics Corporation of
India Limited (ECIL) and Bharat Electronics
Corporation of India Limited (BEL).
● These machines provide full safeguard for
ensuring secrecy of ballots and against
 208

Attorney General of India, Advocate General Of The State

Q.1) Ans: D Q.3) Ans: C

Exp: Exp:

An advocate general is a legal advisor to a state ● Option A is correct: Indian Audit and Accounts
government. The post is created by the Service (IA&AS) is a Central Government
Constitution of India and corresponds to that service, free of control from any executive
of Attorney General for India at the union authority, under the Comptroller and Auditor
government level General of India. The officers of the Indian
• Statement 1 is correct: The person who is Audit and Accounts Service serve in an audit
eligible to hold the office of advocate general managerial capacity, in the Indian Audit and
in India must be eligible to be appointed as the Accounts Department.
judge of the High Court i.e. ● Option B is correct: According to article 148 of
o He must be an Indian Citizen the constitution, the administrative expenses
o He must have held judicial office for ten of the office of the Comptroller and Auditor-
years or have been an advocate of the high General including all salaries, allowances and
court for ten years. pensions payable to or in respect of persons
serving in that office, shall be charged upon the
Consolidated Fund of India.
● Option C is incorrect: The Comptroller and
Auditor General of India (Duties, Powers, and
Conditions of Service) Act, 1971 stipulates that
the CAG shall hold office for a period of six
• Statement 2 is incorrect: The advocate general years or up to the age of 65 years whichever is
holds office according to the pleasure of the earlier
governor. The Constitution does not have any ● Option D is correct: To safeguard the
ground to remove attorney general. independence of the CAG, the constitution
• Statement 3 is correct: Conventionally, the bars the CAG from assuming any further office
Advocate general generally resigns from his is there under the Government of India of any
office when the government changes. state after she has ceased to hold her office
(Article 148)
Q.2) Ans: C
Exp:
Q.4) Ans: B
● Statement 1 is incorrect: The executive can
draw money from the public exchequer even Exp:
without the approval of the CAG. Therefore, it
● Statements 1, 2, 4 and 5 are correct: The
has functions of an Auditor-General but not a
following is a non-exhaustive list of duties and
Comptroller.
functions of the CAG as laid down by the
● Statement 2 is incorrect: Corporations like Life
Parliament and the constitution:
Insurance Corporation of India, Reserve Bank
o Auditing all expenditures from the
of India, State Bank of India, Food Corporation
contingency fund of India and the public
of India, and others are totally subjected to
account of India as well as the contingency
private audit and not by CAG.
 209

fund of each state and the public account by the governor at any time and must also
of each state. tender his resignation to the Governor. He is
o Auditing all expenditures from the not removed by the President.
consolidated fund of India consolidated
fund of each state and consolidated fund
of each union territory having a Legislative
Assembly.
o Auditing all trading manufacturing profit
and loss accounts balance sheets and
other subsidiary accounts kept by any • Statement 2 is correct: The Attorney General
department of the central government and of India is the highest law officer of the country
state government and is mentioned under Article 176 of the
o Auditing all transactions of the central and Constitution. He is appointed by the President
state governments related to debt, sinking and must be qualified enough to be appointed
funds, deposits, advances, suspense as the Judge of the Supreme Court. He enjoys
accounts and remittance business. office during the pleasure of the President and
o Ascertaining and certifying the net can be removed by him at any time. Both the
proceeds of any tax on duty (article 279) Attorney General of India and the Advocate
o Acting as a guide friend and philosopher to General of the State are appointed by the
the public accounts committee of the respective governments. Hence, the
parliament. resignation or replacement of the concerned
o Compiling and maintaining the accounts of government automatically calls for their
the state government. resignation or replacement.
● Statement 3 is incorrect: In 1976, Comptroller
and Auditor General's (Duties, Powers and Q.6) Ans: C
Conditions of Service) Act, 1971 was amended Exp:
and the CAG was relieved of his responsibilities • Option A is correct: Article 194 of the
with regard to the compilation and Constitution of India deals with the powers,
maintenance of accounts of the central privileges, and immunities of the Advocate
government due to the separation of accounts General of the State. He enjoys all the powers
from audit i.e departmentalization of and immunities that are available to the
accounts. members of the state legislature. He has the
right to speak and participate in the
Q.5) Ans: A proceedings of both the Houses of the State
legislatures without the right to vote.
Exp: • Option B is correct: The amendment of the
• Statement 1 is incorrect: The Advocate CAG (Duties, Powers, and Conditions of
General of State is the highest law officer of Service) Act, 1971was done in the year 1976
the State and is mentioned under Article 165 during the tenure of Indira Gandhi (1966-77;
of the Constitution of India. He is appointed by 1980-84). This amendment separated the
the Governor of the state and must be accounts from the audits of the central
qualified enough to be appointed as the judge government. Hence, the CAG of India is only
of the High Court. He holds office during the entitled to undertake the audit of the expenses
pleasure of the governor. He can be removed only after it has been incurred unlike the CAG
 210

of Britain who undertakes both the does not fall in the category of government
Comptroller and auditing function. servants. Further, he/she is not debarred from
• Option C is incorrect: The CAG audits the private legal practices.
accounts of the Central as well as the states. As • Statement 2 is incorrect : Some of the
per Article 151 of the Constitution, he submits limitations which are placed on the Attorney
his audit reports regarding the accounts of the general in order to avoid any complication and
State legislatures to the governor of the State conflict of duty includes that he/she should not
who in turn place them before the legislature defend accused persons in criminal
of the State. prosecutions without the permission of GoI.
• Option D is correct: The CAG makes and • Statement 3 is correct: He/she has the right to
subscribes to the oath before taking over his speak and to take part in the proceedings of
office. His oath is mentioned in the Third both the houses of Parliament or their joint
Schedule along with the Union and State sittings and any committee of the Parliament
ministers, MPs, MLAs, Judges of the Supreme of which he may be named a member, without
Court and High court, Candidates for election the right to vote. He enjoys all the privileges
to the Parliament and the State legislatures. He and immunities that are available to a member
subscribes to the oath before the president of of Parliament.
India.
Extra edge by PW Onlyias
The constitution (Article 76) has provided for the
Q.7) Ans: B
office of the AG for India. he/she is the highest law
Exp:
officer in the country.
• Statement 1 is incorrect The constitution
(Article 76) has provided for the office of the
Attorney General of India . He/she is the Q.9) Ans: B
highest law officer in the country. Exp:
• Statement 2 is incorrect The remuneration of • Statement 1 is incorrect: An Advocate general
the AG is not fixed by the constitution. He of state must be a person who is qualified to be
receives such remuneration as the President appointed a judge of a High court( not SC). He
may determine(not fixed by the Parliament). must be a citizen of India and must have held a
• Statement 3 is correct The term of office of the judicial office for 10 years or have been an
AG is not fixed by the constitution. Further, the advocate of a high court for 10 years.
constitution does not contain the procedure • Statement 2 is correct: The advocate general is
and grounds for his/her removal. he/she holds appointed by the Governor. Further the
office during the pleasure of the president. constitution does not contain procedure and
grounds for his removal. He holds office during
Extra edge by PW Onlyias the pleasure of the Governor
A148 under the Constitution provides for an
• Statement 3 is incorrect: The term of office of
independent office of the Comptroller and
the advocate general is not fixed by the
Auditor General of India(CAG). He/she is the
constitution. The remuneration of the
guardian of the public purse
advocate general is not fixed by the
constitution. He receives such remuneration as
Q.8) Ans: B the governor may determine.
Exp:
• Statement 1 is correct: Attorney General is not Extra edge by Onlyias
a full time counsel for the government. He
 211

Exp:
Article 165 of the constitution provided for
the office of Advocate general of the states. • Statement 1 is Correct : His Term of office not
He/she is the highest law officer in the state. fixed by the Constitution and Constitution has
Thus he corresponds to the Attorney General not prescribed any procedure for his removal.
of India. He holds office during the pleasure of the
President. He receives remuneration as
President may determine
Q.10) Ans: C • Statement 2 is Correct : He has the Right to
Exp: speak and take part in the proceedings of both
• Statement 1 is Correct : In the case of the the houses of parliament, joint sitting, or any
Supreme Court, the Attorney General or the committee proceedings. But he does not have
Solicitor General, and in the case of High the right to vote
Courts, the Advocate General, may bring in a • Statement 3 is Incorrect : He can't defend an
motion before the court for initiating a case of accused person , only in criminal proceedings
criminal contempt. However, if the motion is without the permission of the Government of
brought by any other person, the consent in India.
writing of the Attorney General or the
Advocate General is required. Q.12) Ans: D
• Statement 2 is Correct : The AG’s consent is Exp:
mandatory when a private citizen wants to • Statement 1 is correct: The IAEA is the world's
initiate a case of contempt of court against a centre for cooperation in the nuclear field. It
person. Before such a plea can be filed, the was set up as the world's "Atoms for Peace"
Attorney General must sign off on the organisation within the United Nations family.
complaint, determining if it requires the o The Comptroller and Auditor General of
attention of the court at all. However, when India, has been elected as External Auditor
the court itself initiates a contempt of court of the International Atomic Energy Agency
case, the AG’s consent is not required. This is (IAEA), Vienna for a six-year term from
because the court is exercising its inherent 2022 to 2027
powers under the Constitution to punish for • Statement 2 is correct: The Food and
contempt and such Constitutional powers Agriculture Organisation (FAO) is a specialised
cannot be restricted because the AG declined agency of the United Nations that leads
to grant consent international efforts to defeat hunger, and is
• Statement 3 is Incorrect : If the Attorney headquartered in Rome, Italy
General denies consent, the matter all but o The Comptroller and Auditor General of
ends. The complainant can, however, India has been appointed as External
separately bring the issue to the notice of the Auditor of Food and Agriculture
court and urge the court to take suo motu (on Organisation (FAO), Rome for a six-year
its own motion) cognizance. If the court does term from 2020-2025.
take suo motu cognizance, as it did in the case • Statement 3 is correct: The World Health
of Prashant Bhushan, the consent of the Organisation (WHO), headquartered in
senior-most law officer is not required. Geneva, Switzerland is a specialised agency of
the United Nations that connects nations,
partners and people to promote health, keep
Q.11) Ans: A the world safe and serve the vulnerable – so
 212

everyone, everywhere can attain the highest He does not fall in the category of government
level of health. WHO leads global efforts to servants. Further, he is not debarred from
expand universal health coverage. private legal practice.
o The Comptroller and Auditor General of • Statement 2 is incorrect: The term of office of
India is the External Auditor of World the AG is not fixed by the Constitution.
Health Organisation (WHO) for a four-year Further, the Constitution does not contain the
term from 2020-2023. procedure and grounds for his removal. He
Extra Edge by PW Only IAS holds office during the pleasure of the
president. This means that he may be removed
Apart from the above mentioned international by the president at any time. He may also quit
organisations, CAG is elected as External his office by submitting his resignation to the
Auditor to two more international president. Conventionally, he resigns when the
organisations. These are: government (council of ministers) resigns or is
replaced, as he is appointed on its advice.
● Organisation for Prohibition of Chemical
Weapons (OPCW), Hague: The Organisation • Statement 3 is incorrect: The remuneration of
for the Prohibition of Chemical Weapons the AG is not fixed by the Constitution. He
receives such remuneration as the president
(OPCW), headquartered at Hague,
Netherlands, is the implementing body for may determine.
the Chemical Weapons Convention, which
entered into force on 29 April 1997. The Q.14) Ans: A
OPCW oversees the global endeavour to Exp:
permanently and verifiably eliminate • Statement 1 and 2 are correct: The
chemical weapons. Constitution (Article 165) has provided for the
o The Comptroller and Auditor General of office of the advocate general for the states.
India is the External Auditor of He is the highest law officer in the state. The
Organisation for Prohibition of Chemical advocate general is appointed by the governor.
Weapons (OPCW) for a three-year term The conditions for appointing a Advocate
from 2021-2023 General provided by the Constitution are:
● Inter Parliamentary Union (IPU), Geneva: o He must be a person who is qualified to be
The IPU, headquartered in Geneva, appointed a judge of a high court. In other
Switzerland, is the global organisation of words:
national parliaments. It empowers § he must be a citizen of India and must
parliaments and parliamentarians to have held a judicial office for ten years
promote peace, democracy and sustainable or been an advocate of a high court for
development. ten years.
o The Comptroller and Auditor General of • Statement 3 is incorrect: There is no such
India is the External Auditor of IPU, condition provided by the Constitution for the
Geneva for a three-year term from 2020 appointment of Advocate General of State.
to 2022. Although the President of India can appoint an
eminent jurist in his opinion as the Attorney
General of India.
Q.13) Ans: D
Exp: Q.15) Ans: A
• Statement 1 is incorrect: Attorney General is Exp:
not a full-time counsel for the Government. Comptroller and Auditor General(CAG)
 213

• The Constitution of India under Article 148 the parliament and budget for the state
provides for an independent office of Governments under President's Rule and
Comptroller and Auditor General. He is the
union territory administrations.
head of the Indian Audit and Accounts
• NITI Aayog: NITI AYOG is a premiere policy
Department.
think tank of the Government of India. It was
• He is the guardian of the public purse and established with the aim to achieve
controls the entire financial system of the sustainable development goals by active
country at both the levels- the Centre and the involvement of state government in the
State. planning process
o CAG submits 3 reports to the President,
o This premium policy think tank was
who lays these reports before both the
established in 2015 via an executive
Houses of Parliament. After this, the public resolution by replacing the Planning
accounts committee examines these
Commission of India
reports. CAG acts as a friend, guide and
o NITI Aayog’s entire gamut of activities
philosopher to the public accounts can be divided into four main heads:
committee to examine these reports.
§ Policy and Programme Framework
o CAG ascertains and certifies the net
§ Cooperative Federalism
proceeds of any tax or duty(Article 279). § Monitoring and Evaluation
His certificate is final. The 'net proceeds ' § Think Tank, and Knowledge and
means the proceeds of a tax or duty minus Innovation Hub.
the cost of collection.
Extra Edge by Only IAS
Q.16) Ans: A
• Finance Commission: Under Article 280 of Exp:
the Constitution, the President of India is • Option a is correct: CAG by aiding legislature
required to constitute a Finance ensures the financial accountability of the
Commission at an interval of five years or executive by scrutinising the financial
earlier.
transactions of the Government and brings the
o The Finance Commission (FC) is a results of such scrutiny before the legislature.
constitutional body, that determines o There was an Auditor-General of India
the method and formula for distributing
even under the Government of India Act,
the tax proceeds between the Centre 1935 and that act secured the
and states, and among the states as per independence of the Auditor-General by
the constitutional arrangement and making him irremovable except "in like
present requirements manner and of grounds as a Judge of
• Department of Economic Affairs: The Federal Court". So the office of CAG, in the
Department of Economic Affairs is the nodal Constitution is substantially modelled
agency of the Union Government to upon that of Auditor-General under the
formulate and monitor a country's Government of India Act, 1935.
economic policies and programmes having a
bearing on domestic and international Q.17) Ans: C
aspects of economic management. A
principal responsibility of this Department is Exp:
the preparation and presentation of the ● Statement 1 is incorrect: CAG duty is to uphold
Union Budget (including Railway Budget) to the Constitution of India and laws of
 214

Parliament in the field of financial • Statement 1 is incorrect: Comptroller and

administration. Auditor General of India is the apex authority
o He is provided with security of tenure. responsible for external and internal audits of
Although he is appointed by the President the expenses of the National and state
by warrant under his hand and seal but governments. The CAG submits three audits
shall only be removed from office in like reports to the President:
manner and on the like grounds as a Judge o Audit report on appropriation
of the Supreme Court. Thus, he does not o Audit report on finance accounts
hold his office till the pleasure of the o ‘Audit report on public undertakings
President, though he is appointed by him. • The President lays these reports before both
● Statement 2 is correct: The Constitution of the Houses of the Parliament. After this, the
India under Article 76 has provided for the Public Accounts Committee examines them
office of the Attorney General for India. He is and reports its findings to the Parliament.
the highest law officer in the country. o The appropriation accounts compare the
o The Attorney General(AG) is appointed by actual expenditure with the expenditure
the President. The term of office of AG is sanctioned by the Parliament through the
not fixed by the Constitution. Further, the Appropriation Act.
Constitution does not contain the o The finance accounts show the annual
procedure and grounds for his removal. He receipts and disbursements of the Union
holds office during the pleasure of the government.
President. • Statement 2 and 3 is incorrect: The
o This means that he may be removed by the Constitution has made the various provisions
President at any time. He may also quit his to safeguard and ensure the independence of
office by submitting his resignation to the CAG.
President. o His salary and other service conditions are
● Statement 3 is incorrect: The Constitution determined by the Parliament. His salary is
under Article 165 has provided for the office of equal to that of a judge of the Supreme
Advocate General for the States. He is the Court.
highest law officer in the States. o Neither his salary nor his rights in respect
o The Advocate General is appointed by the of leave of absence, pension or age of
Governor. The term of office of Advocate retirement can be altered to his
General is not fixed by the Constitution. disadvantage after his appointment.
Further, the Constitution does not contain o The administrative expenses of the office
the procedure and grounds for his of the CAG, including all salaries,
removal. He holds office during the allowances and pensions of persons
pleasure of the Governor. serving in that office are charged upon the
o This means that he may be removed by the Consolidated Fund of India. Thus, they are
Governor at any time. He may also quit his not subject to the vote of Parliament.
office by submitting his resignation to the o The conditions of service of persons
Governor. serving in the Indian Audit and Accounts
Department and the administrative
powers of the CAG are prescribed by the
Q.18) Ans: D
president after consultation with the CAG.
Exp:
Q.19) Ans: D
 215

Exp: o Tends to scandalise or lower the authority

• Statement 1 is correct: The Contempt of of the court.
Courts Act, 1971, lays down the law on o Tends to interfere with the due course of
contempt of court. Section 15 of the any judicial proceeding.
legislation describes the procedure on how a o Obstruct the administration of justice.
case for contempt of court can be initiated: • Statement 3 is correct: Article 129 of the
o In the case of the Supreme Court, the Constitution gives the Supreme Court the
Attorney General or the Solicitor General, power to initiate contempt cases on its own,
and in the case of High Courts, the independent of the motion brought before it
Advocate General, may bring in a motion by the AG or with the consent of the AG.
before the court for initiating a case of o “The Supreme Court shall be a court of
criminal contempt. record and shall have all the powers of
o However, if the motion is brought by any such a court including the power to punish
other person, the consent in writing of the for contempt of itself.
Attorney General or the Advocate General o In 1991, the Supreme Court ruled that it
is required. has power to punish for contempt not only
o The motion or reference made for of itself but also of high courts,
initiating the case will have to specify the subordinate courts and tribunals
contempt of which the person charged is functioning in the country.
alleged to be guilty.
o The objective behind requiring the consent Q.20) Ans: B
of the Attorney General before taking Exp:
cognizance of a complaint is to save the • Statement 1 is incorrect: The CAG is an agent
time of the court. Judicial time is of Parliament and conducts audit of
squandered if frivolous petitions are made expenditure on behalf of the Parliament.
and the court is the first forum for bringing Therefore, he is responsible only to the
them in. The AG’s consent is meant to be a Parliament. But does not enjoy the privileges
safeguard against frivolous petitions, as it and immunities that are available to the
is deemed that the AG, as an officer of the member of Parliament.
court, will independently ascertain • Statement 2 is correct: The Attorney General
whether the complaint is indeed valid.The is the highest law officer in the country. The
law has a limitation period of one year for Attorney General has the right of audience in
bringing in action against an individual. all courts in the territory of India. Further, he
• Statement 2 is correct: Contempt of court is has the right to speak and to take part in the
the power of the court to protect its own proceedings of both the Houses of Parliament
majesty and respect. The expression or their joint sitting and any committee of the
‘contempt of court’ has not been defined by Parliament of which he may be named a
the Constitution.The Contempt of Courts Act, member, but without a right to vote. He enjoys
1971 defines both civil and criminal contempt. all the privileges and immunities that are
o Civil contempt refers to wilful available to a member of Parliament.
disobedience to any judgement of the • Statement 3 is incorrect: In addition to the
court. Auditor General, there are other law officers of
o Criminal contempt can be invoked if an the Government of India. They are the solicitor
act: general of India and additional solicitor general
of India. They assist the AG in the fulfilment of
 216

his official responsibilities. It should be noted

here that only the office of the AG is created by
the Constitution. In other words, Article 76
does not mention the solicitor general and
additional solicitor general.
They do not enjoy the privileges and Q.22) Ans: C
immunities that are available to a member of
Exp:
Parliament.
● Statement 1 is correct: The Constitution
Extra Edge By PW Only IAS
(Article 165) has provided for the office of the
Parliamentary Privileges
Advocate General for the states. He is the
• Parliamentary privileges are special rights,
highest law officer in the state. As the chief law
immunities and exemptions enjoyed by
officer of the government in the state, the
the two Houses of Parliament, their
duties of the advocate general include the
committees and their members. They are
following:
necessary in order to secure the
o To give advice to the government of the
independence and effectiveness of their
state upon such legal matters which are
actions.
referred to him by the governor.
• The Constitution has also extended the
o To perform such other duties of a legal
parliamentary privileges to those persons
character that are assigned to him by the
who are entitled to speak and take part in
governor.
the proceedings of a House of Parliament
o To discharge the functions conferred on
or any of its committees. These include
him by the Constitution or any other laws.
the attorney general of India and Union
● Statement 2 is incorrect: In the performance
ministers.
of his official duties, the advocate general is
entitled to appear before any court of law
Q.21) Ans: D within the state. Further, he has the right to
Exp: speak and to take part in the proceedings of
• Statement 1 is incorrect: The Attorney both the Houses of the state legislature or any
General of India is not a member of cabinet as committee of the state legislature of which he
in case of the U.K government. He does enjoy may be named a member, but without a right
parliamentary privileges. He has the right to to vote.
speak and to take part in the proceedings of ● Statement 3 is correct: He enjoys all the
both the Houses of Parliament or their joint privileges and immunities that are available to
sitting and any committee of the Parliament of a member of the state legislature.
which he may be named a member, but
without a right to vote. Students Note
• Statement 2 is incorrect: He should not advise
any ministry or department of Government of
India or any statutory organisation or any
public sector undertaking unless the proposal
or a reference in this regard is received
through the Ministry of Law and Justice,
Department of Legal Affairs.
 217

Finance Commission, National Commission for Backward Classes

Q.1) Ans: C
Exp:
Q.3) Ans: B
● Statement 1 is incorrect: The Constitution of
India provides for a Finance Commission as a Exp:
quasi-judicial body and is constituted by the
● Statement 1 is correct: Article 280 of the
president of India every fifth year or at such
Constitution provides that the President shall
earlier time as he considers necessary.
constitute the Finance Commission at every
● Statement 2 is incorrect: The Finance
five years or at such earlier time as he
Commission consists of a chairman and four
considers necessary.
other members to be appointed by the
● Statement 2 is incorrect: The Constitution
president. They hold office for such a period as
does not provide for qualification of
specified by the president in his order.
chairperson and members of the commission
● Statement 3 is incorrect: The Constitution and authorises the Parliament to determine
authorises the Parliament to determine the the qualifications of members of the
qualifications of members of the commission commission. Parliament has enacted The
and the manner in which they should be Finance Commission (Miscellaneous
selected. Provisions) Act, 1951 for this purpose.
● Statement 4 is correct: The Constitution has ● Statement 3 is correct: Article 281 provides
not barred the commission from that the President causes every
reappointment i.e., they are eligible for recommendation made by the Finance
reappointment. Commission with explanatory memorandum
as to the action taken thereon to be laid before
Q.2) Ans: C the parliament.

Exp:
Q.4) Ans: A
● Statement 1 is incorrect: The chairman should
be a person having experience in public affairs Exp:
● Other statements are correct: ● Statement 1 is correct: The Finance
The four other members should be selected Commission is a constitutional body under
from amongst the following: Article 280 of the Constitution, which is
constituted every five years or at such earlier
o A judge of high court or one qualified to be
time as considered necessary by the President.
appointed as one.
● Statement 2 is correct: Section 8 of the
o A person who has specialised knowledge
Finance Commission Act, 1951 provides that
of finance and accounts of the
the Commission can determine its procedure
government.
and in the performance of its functions have all
o A person who has wide experience in
the powers of a civil court under the Code of
financial matters and in administration.
Civil Procedure.
o A person who has special knowledge of
● Statement 3 and 4 are incorrect: Section 6 of
economics.
the Finance Commission Act, 1951 provides
that “Every member of the Commission shall
hold office for such period as may be specified
 218

in the order of the President appointing him, o have special knowledge of the finances
but shall be eligible for reappointment.” and accounts of Government; or
o have had wide experience in financial
matters and in administration; or
Q.5) Ans: B
o have special knowledge of economies.
Exp: ● Option D is correct: The Finance Commission
Act, 1951 provides that the commission has
● Statement 1 is incorrect: Section 6 of the
the powers to require any person to furnish
Finance Commission Act, 1951 provides that a
information on such points or matters that
member of the Finance Commission can resign
may be useful for the Commission and the local
by addressing a letter to the President.
limit for the Commission’s jurisdiction shall be
● Statement 2 is correct: Article 275 empowers
limits of the territory of India.
the Parliament to make grants to the states
which are in need of financial assistance. The
statutory grants under Article 275 of the Q.7) Ans: C
Constitution are given to the states on the
Exp:
recommendation of the Finance Commission.
● Statement 3 is incorrect: Article 293 of the ● The Special Marriage Act, 1954:
Constitution provides that a state cannot raise o The Special Marriage Act, 1954 is an Act of
any loan without the consent of the centre, if the Parliament of India with provision for
there is still outstanding any part of a loan civil marriage (or "registered marriage")
made to the state by the centre or in respect of for people of India and all Indian nationals
which a guarantee has been given by the in foreign countries, irrespective of the
centre. religion or faith followed by either party.

Q.6) Ans: C

Exp:

● Option A is correct: Cess and surcharges

imposed by the central government do not
constitute the part of the divisible pool and are
not shared with the states.
● Option B is correct: the Finance Commission o It was enacted following a campaign
Act, 1951 provides that the members can launched in 1860 by Brahmo Samaj,
provide whole time or part-time service to the especially Keshab Chandra Sen, for simpler
Commission as the President in each case marriage ceremonies of interfaith couples.
specifies. But it had one problem: it required that
● Option C is incorrect: Finance Commission Act, two people of different faiths who wish to
1951 provides that the chairperson of the get married must renounce their
Finance Commission should have had respective religions.
experience in public affairs and four other o This requirement of renouncing one’s
members are selected from among persons religion was not compatible with modern
who ideas of liberalism, individualism and
o are, or have been, or are qualified to be autonomy of the individual. So the 1954
appointed as Judges of a High Court; or law replaced this 1872 Act, and the
 219

requirement to renounce one’s religion • Statement 3 is correct: The Chairperson is the

was removed. Basically, this law was the head of the Commission and has the residuary
first step towards a Uniform Civil Code powers to decide on all questions and matters
(Article 44: A directive Principle of State arising in the Commission.
Policy). The thinking was that if you
wanted a liberal, modern, secular and
progressive law, let us start the
experiment on a voluntary basis. So, those
going for an inter-faith marriage, as well as Q.10) Ans: B
others, could register under the SMA. The Exp:
effect of the SMA is that once your • Statement 1 is correct: Article 338B (5) (c)
marriage is registered under it, your assigns the Commission the duty to participate
religion’s personal laws won’t apply. and advise on the socio-economic
development of the socially and educationally
backward classes.
Q.8) Ans: B
• Statement 2 is incorrect: Article 338B (5) (c)
Exp: further provides that the Commission has to
evaluate the progress of development of
• Statement 1 is incorrect: It is a constitutional
socially and educationally backward classes
body. 102nd Constitution Amendment Act,
under the Union and any State.
2018 provides constitutional status to the
• Statement 3 is incorrect: Article 338B (5) (d)
National Commission for Backward Classes
assigns the Commission the duty to present to
(NCBC).For this purpose amendment inserted
the President, annually and at such other times
a new article 338-B in the constitution.
as the Commission may deem fit, reports upon
• Statements 2 is incorrect: Previously NCBC
the working of the safeguards for socially and
was a statutory body under the Ministry of
educationally backward classes. The President
Social Justice and Empowerment.
forwards any report of the Commission
• Statement 3 is correct: The Commission
pertaining to a state government to the state
consists of five members including a
government. The government places it before
Chairperson, Vice-Chairperson and three other
the state legislature.
Members appointed by the President by
warrant under his hand and seal. The
Q.11) Ans: B
conditions of service and tenure of office of the
Chairperson, Vice-Chairperson and other Exp:
Members is determined by the President.
• Statements 1 and 2 are correct: National
Commission for Backward Classes Chairperson,
Q.9) Ans: D
Vice-Chairperson and Members (Conditions of
Exp:
Service and Tenure) Rules, 2018 provide that
• Statement 1 is correct: Article 338B(8)
The Members of the Commission shall be
provides all the powers of a civil court trying a
appointed from amongst persons of ability,
suit to the Commission.
integrity and standing who have had a record
• Statement 2 is correct: Article 338B(4)
of selfless service to the cause of justice for the
provides that the Commission shall have the
socially and educationally backward classes.
powers to regulate its own procedure.
The Chairperson shall be appointed from
amongst eminent socio-political workers
 220

belonging to the socially and educationally the resources of the Panchayats and the
backward classes. At least one other Member municipality in the State on the basis of the
shall be appointed from amongst women. recommendations made by the Finance
• Statement 3 is incorrect: The Members shall Commission of the State.
not be eligible for appointment for more than • Statement 4 is correct: any other matter
two terms. Thus the members are eligible for referred to the Commission by the President in
appointment for more than one term. the interests of sound finance

Q.12) Ans: C Q.14) Ans: D

Exp: Exp:

Both Statements 1 and 2 are correct: The Finance A/c to THE FINANCE COMMISSION
Commission is constituted by the President (MISCELLANEOUS PROVISIONS) ACT, 1951
under article 280 of the Constitution, mainly to • Statement 1 and Statement 2 are Correct :
give its recommendations on distribution of Procedure and powers of the Commission
tax revenues between the Union and the • The Commission shall determine their
States and amongst the States themselves. procedure and in the performance of their
Two distinctive features of the Commission’s functions shall have all the powers of a civil
work involve court under the Code of Civil Procedure, 1908
• Redressing the vertical imbalances (5 of 1908), while trying a suit in respect of the
between the taxation powers and following matters, namely:--
expenditure responsibilities of the centre o summoning and enforcing the
and the States respectively ,and attendance of witnesses;
• Equalization of all public services across o requiring the production of any
the States. document;
o requisitioning any public record from
Q.13) Ans: B any court or office
• Statement 3 is Correct: The Commission shall
Exp:
have power to require any person to furnish
It is the duty of the Commission to make information on such points or matters as in the
recommendations to the President in following opinion of the Commission may be useful for,
matter - or relevant to, any matter under the
• Statement 1 is Correct: For the distribution consideration of the Commission.
between the Union and the States of the net
proceeds of taxes which are to be, or may be, Q.15) Ans: B
divided between them and the allocation
Exp:
between the States of the respective shares of
such proceeds; About Composition and Qualification of Finance
• Statement 2 is Incorrect and Statement 3 is Commission:
Correct: the principles which should govern
● The Constitution of India under Article 280
the grants-in-aid of the revenues of the States
provides for a Finance Commission as a quasi
out of the Consolidated Fund of India. The
judicial body. The President of India
measures needed to augment the
constitutes the Finance Commission every fifth
Consolidated Fund of a State to supplement
 221

year or at such an earlier time as he considers beneficiary states to receive the money
necessary. recommended to be offered to them by
● The Finance Commission comprises a the Commission.
chairman and four other members to be ● Statement 2 is correct: The Constitution of
appointed by the president. India envisages the Finance commission as the
o They hold office for such a period as balancing wheel of fiscal federalism in India.
specified by the president in his order. o However, its role in the Center-state fiscal
They are eligible for reappointment. relations was undermined by the
● The Parliament (Authorized by the emergence of the erstwhile Planning
Constitution) determines the qualifications of Commission, a non constitutional and non-
members of the commission and the manner statutory body.
in which they should be selected.
● The qualifications specified by the Parliament Q.17) Ans: C
are
Exp:
o The Finance Commission consists of the
Chairman and members of the ● Statement 2 is correct: Parliament passed the
commission. The chairman should be a National Commission for Backward Classes Act
person having experience in public affairs in 1993 and constituted the NCBC.
and the four other members should be ● Constitutional status to the National
selected from amongst the following: Commission on Backward Classes is provided
o 1. A judge of the high court or one by the 102nd Constitution Amendment Act,
qualified to be appointed as one. 2018.
o 2. A person who has specialized ● Parliament has also passed a separate bill to
knowledge of finance and accounts of the repeal the National Commission for Backward
government. Classes Act, 1993, thus the 1993 act became
o 3. A person who has wide experience in irrelevant after passing the bill.
financial matters and in administration. ● Two new articles, Articles 338 B and 342 A,
o 4. A person who has special knowledge of were inserted by the 102nd Constitution
economics. Amendment Act.
o Article 338B provides authority to NCBC
Q.16) Ans: B to examine complaints and welfare
measures regarding socially and
Exp:
educationally backward classes.
● Statement 1 is incorrect: The o Article 342 A empowers the President to
recommendations made by the Finance specify socially and educationally
Commission are only advisory in nature and backward classes in various states and
not binding on the government. It is up to the union territories. He can do this in
Union government to implement its consultation with the Governor of the
recommendations on granting money to the concerned State. However, a law enacted
states. by Parliament will be required if the list of
o It is nowhere laid down in the Constitution backward classes is to be amended.
that the recommendations of the
commission shall be binding upon the Q.18) Ans: B
Government of India or that it would give
Exp:
rise to a legal right in favor of the
 222

About National Commission on Backward Classes: ● All matters relating to the safeguards
provided for the socially and educationally
● Constitutional status to the National
backward classes are investigated and
Commission on Backward Classes is provided
monitored by the Commission under the
by the 102nd Constitution Amendment Act,
Constitution or under any other law to
2018.
evaluate the working of such safeguards.
● Two new articles, Articles 338 B and 342 A,
● It participates and advises on the socio-
were inserted by the 102nd Constitution
economic development of the socially and
Amendment Act.
educationally backward classes
● Article 338B provides authority to NCBC to
● The progress of the socio-economic
examine complaints and welfare measures
development of the socially and educationally
regarding socially and educationally
backward classes is evaluated by the
backward classes.
commission under the Union and any State.
● Article 342 A empowers the President to
● The reports upon the working of the
specify socially and educationally backward
safeguards of socially and educationally
classes in various states and union territories.
backward classes are laid to the president by
He can do this in consultation with the
the Commission annually and at such other
Governor of the concerned State. However, a
times as the Commission may deem fit.
law enacted by Parliament will be required if
● Where any such report or any part thereof,
the list of backward classes is to be amended.
relates to any matter with which any State
● Some Functions of National Commission on
Government is concerned, a copy of such
Backward Classes:
report shall be forwarded to the State
o The monitoring of all matters relating to
Government.
the safeguards provided for the socially
● NCBC has to discharge such other functions in
and educationally backward classes under
relation to the protection, welfare and
the Constitution or under any other law to
development and advancement of the
evaluate the working of such safeguards.
socially and educationally backward classes as
o Advise on the socio-economic
the President may, subject to the provisions of
development of the socially and
any law made by Parliament, by rule specify.
educationally backward classes and to
● It has all the powers of a civil court while
evaluate the progress of their
trying a suit.
development under the Union and any
State.
Q.20) Ans: B
o The reports upon the working of the
safeguards of socially and educationally Exp:
backward classes are laid to the president
About Structure of the National Commission on
by the Commission annually and at such
Backward Classes:
other times as the Commission may deem
fit. ● The Commission consists of five members
including a Chairperson, Vice-Chairperson and
Q.19) Ans: D three other Members.
● The chairman and members of the Commission
Exp:
are appointed by the President by warrant
About Functions of National Commission on under his hand and seal.
Backward Classes:
 223

● The conditions of service and tenure of office • Statement 1 is incorrect: Article 280 of the
of the Chairperson, Vice-Chairperson and Constitution of India provides for a Finance
other Members is determined by the Commission as a quasi-judicial body. It is
President (not by Parliament). constituted by the president of India every fifth
● Other Features of National Commission on year or at such an earlier time as he considers
Backward Classes necessary.
o All matters relating to the safeguards • Statement 2 is correct: The Finance
provided for the socially and Commission consists of a chairman and four
educationally backward classes are other members to be appointed by the
investigated and monitored by the president. They hold office for such a period as
Commission under the Constitution or specified by the president in his order. They
under any other law to evaluate the are eligible for reappointment.
working of such safeguards. • Statement 3 is incorrect: The Constitution
o It participates and advises on the socio- authorizes the Parliament to determine the
economic development of the socially and qualifications of members of the commission
educationally backward classes and the manner in which they should be
o The progress of the socio-economic selected. SO It’s the PARLIAMENT and not the
development of the socially and president who determines the qualification of
educationally backward classes is the Chairman and Members of the Finance
evaluated by the commission under the Commission.
Union and any State.
o The reports upon the working of the Q.22) Ans: A
safeguards of socially and educationally Exp:
backward classes are laid to the president ● Statement 1 is correct: The Finance
by the Commission annually and at such Commission is required to make
other times as the Commission may deem recommendations to the President of India on
fit. the following matters:
● Where any such report or any part thereof, 1. The distribution of the net proceeds of
relates to any matter with which any State taxes to be shared between the Centre
Government is concerned, a copy of such and the states, and the allocation
report shall be forwarded to the State between the states of the respective
Government. shares of such proceeds.
● NCBC has to discharge such other functions in 2. The principles that should govern the
relation to the protection, welfare and grants-in-aid to the states by the
development and advancement of the Centre (i.e., out of the consolidated
socially and educationally backward classes as fund of India).
the President may, subject to the provisions of 3. The measures needed to augment the
any law made by Parliament, by rule specify. consolidated fund of a state to
● It has all the powers of a civil court while supplement the resources of the
trying a suit. panchayats and the municipalities in
the state on the basis of the
recommendations made by the state
Q.21) Ans: C
finance commission.
Exp:
 224

4. Any other matter referred to it by the recommended to be offered to them by the

president in the interests of sound Commission’.
finance. • Statement 3rd is incorrect: Recommendations
• Statement 2 is incorrect: The finance of the finance commission are applicable to
commission is also vested with the power to both Union Government and State
determine the principles that should govern Governments. The state finance commission
the grants-in-aid to the states by the Centre recommends devolution of the net proceeds of
(i.e., out of the consolidated fund of India). taxes to the Panchayats.

Q.23) Ans: D Q.24) Ans: A

Exp: Exp:

• Statement 1 is correct: The Finance The finance commission of India

Commission is required to make ● The Finance commission of India is a Quasi
recommendations to the president of India on judicial and Constitutional body. Article 280 of
the following matters: the Constitution of India provides for a Finance
o The distribution of the net proceeds of Commission as a quasi judicial body.
taxes to be shared between the Centre and ● It is constituted by the president of India every
the states, and the allocation between the fifth year or at such an earlier time as he
states of the respective shares of such considers necessary.
proceeds.
o The principles that should govern the
grants-in-aid to the states by the Centre
(i.e., out of the consolidated fund of India).
o The measures needed to augment the
consolidated fund of a state to supplement
the resources of the panchayats and the
municipalities in the state on the basis of
● The Constitution authorizes the Parliament to
the recommendations made by the state
determine the qualifications of members of
finance commission
the commission and the manner in which they
o Any other matter referred to it by the
should be selected. Accordingly, the
president in the interests of sound finance.
Parliament has specified the qualifications of
• Statement 2nd is incorrect: The
the chairman and members of the commission.
recommendations made by the Finance
Commission are only of advisory nature and
Q.25) Ans: C
hence, not binding on the government. It is
up to the Union government to implement its Exp:
recommendations on granting money to the
● Statement 1 is correct: Composition of
states. To put it in other words, ‘It is nowhere
'National Commission For Backward Class':
laid down in the Constitution that the
1. Chairperson
recommendations of the commission shall be
2. Vice-Chairperson
binding upon the Government of India or that
3. Three other Members
it would give rise to a legal right in favor of the
Representation of at least two persons having
beneficiary states to receive the money
special knowledge related to backward
 225

classes and one woman in NCBC is a welcome Exp:

move which makes the commission more
● Statement 1 is correct: Constitutional
democratic and effective in promoting the
Amendment Act, 100th: The President of India
interests of SEBCs.
Pranab Mukherjee gave his assent to the
● Statement 2 is correct: Members are Constitution (119th Amendment) Bill, 2013
appointed by the President by warrant under that related to the Land Boundary Agreement
his hand and seal. The conditions of service and (LBA) between India and Bangladesh.
tenure of office of the Chairperson, Vice- ● Statement 2 is correct: Constitutional
Chairperson and other Members is determined Amendment Act, 101st: Introduced the Goods
by the President. and Services Tax in the country from 1 July
● Statement 3 is correct: The commission 2017. The Goods and Services Tax (GST) is
presents an annual report to the President. The a value-added tax. GST is levied on most goods
President places all such reports before the and services sold for domestic consumption.
Parliament, along with a memorandum The GST is paid by consumers, but it is remitted
explaining the action taken on the to the government.
recommendations made by the Commission. ● Statement 3 is correct: Constitutional
The President also forwards any report of the Amendment Act, 102nd: In 2018, 102nd
Commission pertaining to a State Govt. to the Constitution Amendment Act passed by
state Governor. The Governor places it before parliament to provide constitutional status to
the state legislature. the National Commission for Backward
Classes (NCBC). This Commission has the
Q.26) Ans: D power to examine complaints and welfare
measures regarding socially and educationally
Exp:
backward classes.
● In 2018, 102nd Constitution Amendment Act ● Statement 4 is correct: Constitutional
passed by parliament to provide constitutional Amendment Act, 103rd: The Act amends
status to the National Commission for Articles 15 and 16 of the Constitution —
Backward Classes (NCBC). ensuring Fundamental Rights to a citizen — by
● Objective: To oversee the implementation of adding a clause that allows the State to make
various safeguards provided to Backward Class “special provision for the advancement of any
under the Constitution or under any other law economically weaker sections of citizens”.
for time being in force or under any other These provisions would relate to “their
order to the Govt. and to evaluate the working admission to educational institutions,
of such safeguards. including private educational institutions,
● The 102nd amendment act has recognized whether aided or unaided by the State, other
that backward classes need holistic than the minority educational institutions”.
development and equality in all parameters in
addition to reservations. Students Note
● Therefore it has provisions for the
development of Socially and Educationally
Backward Classes (SEBC) and the new NCBC’s
role in their development process.

Q.27) Ans: D
 226

National Commission for Scheduled Castes and National Commission for

Scheduled Tribes
major policy matters affecting the SC, Anglo-
Q.1) Ans: D Indian community (ST community does not
under this commission).
Exp:

● Statement 1 is incorrect: The National

Commission for SC consists of a chairperson, a
Q.3) Ans: C
vice-chairperson and three other members.
● Statement 2 is incorrect: They are appointed Exp:
by the President by warrant under his hand
● Statement 2 is incorrect: It takes measures
and seal (there is no committee and
over conferring ownership rights in respect of
recommendations).
minor forest produce to STs living in forest
● Statement 3 is incorrect: Their conditions of areas
service and tenure of office are determined by
● Statement 1, 3 and 4 is correct
the President.
Some of the functions of the NCST commission
are:
Q.2) Ans: A
o It investigates and monitor all matters
Exp:
relating to the constitutional and other
● Statement 1 is correct: The Commission is legal safeguards for the STs and to
vested with the power to regulate its own evaluate their working;
procedure. o It can inquire into specific complaints with
respect to the deprivation of rights and
safeguards of the STs.
o It participates and advises on the planning
process of socio- economic development
of the STs and to evaluate the progress of
their development under the Union or a
state.
o It takes measures to safeguard rights of the
tribal communities over mineral resources,
● Statement 2 is correct: The Commission, while water resources etc., as per law.
investigating any matter or inquiring into any o It also takes measures to ensure full
complaint, has all the powers of a civil court implementation of the Provisions of
trying a suit and in particular in respect of the Panchayats (Extension to the Scheduled
matters like summoning and enforcing the Areas) Act, 1996.
attendance of any person, requiring the
discovery and production of any document, Q.4) Ans: D
receiving evidence on affidavits, any other
Exp:
matter which President may determine.
● Statement 3 is incorrect: The Central ● Statement 1 is correct: The Commission shall
government and the state governments are meet at least once in two months. The notice
required to consult the Commission on all
 227

for a meeting shall normally be issued two National Commission for SCs and STs. The 89th
weeks in advance. Constitutional Amendment Act, 2003
bifurcated the National Commission for SCs
and STs into NCSC and NCST.
• Statement 2 is incorrect: NCSC consists of a
chairperson, a vice-chairperson and three
other members.
• Statement 3 is correct: According to Article
338 (10) of the Constitution, the Commission
● Statement 2 is correct: The quorum for
has to investigate all matters relating to the
meetings of the Commission consists of at least
constitutional and other legal safeguards for
three members including the chairperson
the Anglo-Indian Community and report to the
and/or vice-chairperson.
President upon their working.
● Statement 3 is correct: The Commission, while
Q.7) Ans: B
investigating any matter or inquiring into any
Exp:
complaint, has all powers of a civil court trying
• Statement 1 is correct: Article 338 (9) of the
a suit and summon and enforce the attendance
Constitution provides that “the Union and
of any person from any part of India and
State Government shall consult the
examine him on oath.
Commission on all major policy matters
affecting the scheduled castes”.
Q.5) Ans: B • Statement 2 is correct: Article 341(1) provides
that “The President may with respect to any
Exp:
State or Union territory, and where it is a State,
● Statement 1 is correct: 89th Constitutional after consultation with the Governor thereof,
Amendment Act, 2003 bifurcated the existing by public notification, specify the castes, races
combined National Commission for SCs and or tribes or parts of or groups within castes,
STs and constituted a separate National races or tribes which shall be for the purposes
Commission for Scheduled Tribes. It further of this Constitution be deemed to be
amended Article 338 and inserted a new scheduled castes in relation to that State or
Article 338A in the Constitution. Union territory”.
● Statement 2 is incorrect: The Commission • Statement 3 is incorrect: As per Article
consists of a chairperson, a vice-chairperson 341(2)The Parliament (not president), by law
and three other members. may include or exclude any caste, race or tribe
● Statement 3 is correct: It takes measures for or groups within castes, races or tribes from
full implementation of the provisions of the list of scheduled caste specified in
Panchayats (Extension to the Scheduled Areas) notification.
Act, 1996. This function was specified by the
President in 2005. Q.8) Ans: A
Exp:
• Statement 1 is correct: The Commission has to
Q.6) Ans: C
take measures to reduce and ultimately
Exp:
eliminate the practice of shifting cultivation by
• Statement 1 is incorrect: 65th Constitutional
tribal that lead to their continuous
Amendment Act, 1990 provided for
disempowerment and degradation of land and
establishment of a high-level multi-member
the environment.
 228

• Statement 2 is correct: The Commission may evidence on affidavits; Requisition any public
hold more than one sitting simultaneously in record or copy thereof from any court or office;
different parts of the country with different Issue Commissions for examination of
Members functioning separately. witnesses and documents; and Any matter
• Statement 3 is incorrect: If a question arises which President, by rule, may determine.
regarding any such matter for which no • Statement 3 is incorrect: The Union Minister
provision exists in the rules of procedure, the of Tribal Affairs does not serve as an Ex-officio
decision of the Chairperson shall be sought. Vice-Chairperson of the Commission.
The Chairperson may, if he deems fit, direct
that the matter may be considered at a
Q.11) Ans: B
meeting of the Commission.
Exp:

• Statement 1 is Incorrect : To identify and

Q.9) Ans: B
distinguish these communities, the Chanda
Exp: Committee in the year 1960 had laid down 5
standards to include any community/caste in
• Statement 1 is incorrect: The National
the tribal group
Commission for Scheduled Tribes (NCST) was
• Statement 2 is Correct : According to the 2011
established by amending Article 338 and
Census, the Scheduled Tribes account for 104
inserting a new Article 338A in the Constitution
million representing 8.6% of the country’s
through the Constitution (89th Amendment)
population
Act, 2003.The term of office of Chairperson,
• Statement 3 is Incorrect : Ministry of social
Vice-Chairperson and each member is three
justice and empowerment coordinate all
years from the date of assumption of charge.
activities related to schedule caste while
• Statement 2 is correct: The Chairperson has
ministry of Tribal affairs coordinates all
been given the rank of Union Cabinet
activities related to schedule tribe
Minister, and the Vice-Chairperson that of a
Minister of State and other Members have the
Q.12) Ans: C
rank of a Secretary to the Government of India.
Exp:
• Statement 1 is Correct: The complaints should
Q.10) Ans: A
disclose his full identity and give his full
Exp: address and should sign the representation.
• Statement 2 is Incorrect: The complaint should
• Statement 1 is correct: The National
be directly addressed to the Chairperson/Vice-
Commission for Scheduled Tribes, shall consist
Chairperson/Secretary, National Commission
of a Chairperson, Vice-Chairperson and three
for Scheduled Tribes, New Delhi or the heads
other Members and the conditions of service
of its State Offices. Complaints should be
and tenure of office of the Chairperson, Vice-
legibly written or typed and, where necessary,
Chairperson and other members so appointed
supported by authenticated documents.
shall be such as the President may determine.
• Statement 3 is Incorrect: No action will be
• Statement 2 is correct: The Commission is
taken on matters which are sub judice. Hence
vested with powers of a civil court having
sub judice matters need not be referred to the
authority to: Summon and enforce attendance
Commission as complaint(s).Cases pending in
of any person and examine on oath; Discovery
courts or cases in which a court has already
& production of any documents, Receive
 229

given its final verdict need not be taken up declared as unconstitutional on the above
afresh with the Commission. grounds.
• Statement 2 is correct: Nagraj case (2006) was
Q.13) Ans: C important as the Supreme Court allowed
reservation to be extended to the SCs and STs
Exp:
in case of promotions. However, it was
• Option a, b and d is incorrect: Functions of subjected to the below mentioned three
National commission for scheduled Tribe conditions: Presence of quantifiable data on
• To investigate and monitor matters relating to the backwardness of SCs and STs is available;
the constitutional and other legal safeguards there is inadequate representation; and there
for the STs is no adverse impact on the overall efficiency
• Inquire specific complaints relating to of the administration.
deprivation of rights of ST’s
• Participate and advice on the planning process Q.15) Ans : A
of socioeconomic development of the STs and
Exp:
to evaluate the progress of their development
under the Union or a state ● Statement 1 is correct: The framers of the
• To present to the President, annually and at Constitution took note of the fact that certain
such other times as it may deem fit, reports communities in the country were suffering
upon the working of those safeguards from extreme social, educational and
• To make recommendation for effective economic backwardness on account of the
implementation of safeguards primitive agricultural practices, lack of
• To discharge such other functions in relation to infrastructure facilities and geographical
the protection, welfare and development an isolation. The Constitution of India in Article
advancement of the ST’s. 366 (25) prescribes that the Scheduled Tribes
• Statement c is Correct : The President may, means such tribes or tribal communities as are
with respect to any State or Union territory, deemed under Article 342 of the Constitution
and where it is a state, after consultation with to be Scheduled Tribes.
the Governor thereof by public notification, ● Statement 2 is incorrect: The President may
specify the tribes or tribal communities or with respect to any State or Union Territory,
parts of or groups within tribes or tribal and where it is a State, after consultation with
communities which shall, for the purposes of the Governor thereof, by a public notification,
this constitution, is deemed to be Scheduled specify the tribes or tribal communities or part
Tribe of or groups within tribes or tribal communities
as Scheduled Tribe in relation to that State or
Q.14) Ans: A Union Territory as the case may be.
Exp: ● Statement 3 is incorrect: Parliament may be
• Statement 1 is incorrect: A law seeking law include in or exclude from the list of
preferential treatment on domicile related Scheduled Tribes specified in a notification
grounds cannot be enacted by the state issued under clause (1) any tribe or tribal
government. As per Article 16(3), such laws can community or part of or group within any tribe
be enacted only by the Parliament. Hence, laws or tribal community, but save as aforesaid a
seeking to provide local reservations can be notification issued under the said clause shall
not be varied by any subsequent notification.
 230

Q.16) Ans: D through the process of amendment of the

Constitution Scheduled Tribe Orders an
Exp:
Advisory Committee on Revision of lists of SCs
● Statement 1 is incorrect: While the & STs (Lokur Committee) was set up in 1965.
Constitution is silent about the criteria for ● Thereafter a draft Bill for amendment of the
specification of a community as a Scheduled Constitution Orders introduced in Parliament
Tribe. The words and the phrase 'tribes or was referred to the Joint Select Committee of
tribal communities or part of or groups within Parliament on the Scheduled Castes and
tribes or tribal communities" in Article 342 Scheduled Tribes Order (Amendment) Bill,
have to be understood in terms of their 1967 (Chanda Committee).
historical background of backwardness. ● The following essential characteristics for a
Primitiveness, geographical isolation, shyness community to be identified as a Scheduled
and social, educational & economic Tribe were accepted:
backwardness due to these reasons are the o Primitive way of life and habitation in
traits that distinguish Scheduled Tribe remote and less easily accessible areas,
communities of our country from other o Distinctive culture,
communities. o Shyness of contact with the community at
● Statement 2 is incorrect: It takes into account large,
the definitions of tribal Communities adopted o Geographical isolation, and
in the 1931 Census. These facts are the basis o General backwardness in all respects.
for the provision in Article 342(1) which
mandates to specify the tribes or tribal Q.18) Ans: D
communities or part of or groups within tribes
Exp:
or tribal communities as Scheduled Tribe in
relation to that State or Union Territory as the ● Article 46 of the Constitution provides that the
case may be. Thus the list of Scheduled Tribes State shall promote with special care the
is State/UT specific and a community declared educational and economic interests of the
as a Scheduled Tribe in a State need not be so weaker sections of the society and in
in another State. The Presidential notifications particular, of the Scheduled Castes and
under Clause 1 of Article 342 of the Scheduled Tribes and shall protect them from
Constitution are issued as the Constitution social injustice and all forms of exploitation.
Orders. ● Reservation in educational institutions has
been provided in Article 15(4) while
Q.17) Ans: D reservation in posts and services has been
provided in Article 16(4), 16(4A) and 16(4B) of
Exp:
the Constitution. Several other provisions have
● First Backward Classes Commission (headed also been incorporated in the Constitution for
by Kaka Kalelkar) was set up in 1955 In view of safeguarding and promoting the interests and
the demands from various quarters for rights of the Scheduled Tribes in various
specification of OBCs. The Kalelkar Commission spheres so as to enable them to join the
submitted its report in 1956. national mainstream.
● This Commission recommended for inclusion ● Article 23 which prohibits traffic in human
of Scheduled Tribes also as OBCs. Besides, to beings and beggars and other similar forms of
look into the demand for specification of new forced labour has a special significance for
communities in the list of Scheduled Tribes Scheduled Tribes. In pursuance of this Article,
 231

Parliament has enacted the Bonded Labour ● To discharge such other functions in relation to
System (Abolition) Act, 1976. the protection, welfare and development and
● Article 24 which prohibits employment of advancement of the Scheduled Tribes as the
Children below the age of 14 years in any President may, subject to the provisions of any
factory or mine or in any other hazards activity law made by Parliament, by rule specified.
is also significant for Scheduled Tribes as a
substantial portion of child labour engaged in Q.20) Ans : C
these jobs belong to Scheduled Tribes.
Exp:
● Other specific safeguards have been provided
in Article 244 read with the provisions ● Statement 1 is incorrect: The National
contained in Fifth and Sixth Schedule to the Commission for Scheduled Castes (SCs) is a
Constitution constitutional body in the sense that it is
directly established by Article 338 of the
Q.19) Ans: C Constitution. The separate National
Commission for SCs came into existence in
Exp:
2004. It consists of a chairperson, a vice-
The Duties assigned to the Commission under chairperson and three other members.
338A(5) are as given below: ● Statement 2 is correct: They are appointed by
the President by warrant under his hand and
● To investigate and monitor all matters relating
seal. Their conditions of service and tenure
to the safeguards provided for the Scheduled
of office are also determined by the President.
Tribes under the Constitution or under any
● Statement 3 is incorrect: The functions of the
other law for the time being in force or under
Commission are:
any order of the Government and to evaluate
o To investigate and monitor all matters
the working of such safeguards;
relating to the constitutional and other
● To inquire into specific complaints with respect
legal safeguards for the SCs and to
to the deprivation of rights and safeguards of
evaluate their working;
the Scheduled Tribes;
o To inquire into specific complaints with
● To participate and advise in the planning
respect to the deprivation of rights and
process of socio-economic development of the
safeguards of the SCs;
Scheduled Tribes and to evaluate the progress
o To participate and advise on the
of their development under the Union and any
planning process of socio-economic
State;
development of the SCs and to evaluate
● To present to the President, annually and at
the progress of their development under
such other times as the Commission may deem
the Union or a state;
fit, reports upon the working of those
o To present to the President, annually and
safeguards.
at such other times as it may deem fit,
● To make in such reports, recommendations as
reports upon the working of those
to the measures that should be taken by the
safeguards;
Union or any State for effective
o To make recommendations as to the
implementation of those safeguards and other
measures that should be taken by the
measures for the protection, welfare and
Union or a state for the effective
socio-economic development of the Scheduled
implementation of those safeguards and
Tribes, and
other measures for the protection,
 232

welfare and socio-economic provided for them, to inquire into specific

development of the SCs; and complaints and to participate and advise on
o To discharge such other functions in the planning process of their socio-economic
relation to the protection, welfare and development etc.
development and advancement of the ● Article 330 and Article 332 of the Constitution
SCs as the president may specify respectively provide for reservation of seats in
favour of the Scheduled Castes and the
Q.21) Ans : D Scheduled Tribes in the House of the People
and in the legislative assemblies of the States.
Exp:
Under Part IX relating to the Panchayats and
Constitutional mechanism for upliftment of SC Part IXA of the Constitution relating to the
Municipalities, reservation for Scheduled
● The deep concern of the framers of the
Castes and Scheduled Tribes in local bodies has
Constitution for the uplift of the Scheduled
been envisaged and provided.
Castes and Scheduled Tribes and Other
Backward Classes is reflected in the elaborate
Q.22) Ans : C
constitutional mechanism set-up for their
uplift. Exp:
● Article 17 abolishes Untouchability.
● Statement 1 is incorrect: The Constitution
● Article 46 requires the State ‘to promote with
does not define the criteria for recognition of
special care the educational and economic
Scheduled Tribes and hence the definition
interests of the weaker sections of the people,
contained in 1931 Census was used in the
and, in particular, of the Scheduled Castes and
initial years after independence. However,
the Scheduled Tribes, and to protect them
Article 366(25) of the Constitution only
from social injustice and all forms of
provides process to define Scheduled Tribes:
exploitation.
“Scheduled Tribes means such tribes or tribal
● Article 335 provides that the claims of the
communities or parts of or groups within such
members of the Scheduled Castes and the
tribes or tribal communities as are deemed
Scheduled Tribes shall be taken into
under Article 342 to be Scheduled Tribes for
consideration, consistently with the
the purposes of this Constitution.”
maintenance of efficiency of administration, in
● Statement 2 is incorrect:The largest number
the making of appointments to services and
of tribal communities (62) are found in Odisha.
posts in connection with the affairs of the
Union or of a State.
Q.23) Ans: C
● Article 15(4) refers to the special provisions
for their advancement. Exp:
● Article 16(4A) speaks of “reservation in
● Statement 1 is correct: Like the National
matters of promotion to any class or classes of
Commission for Scheduled Castes (SCs), the
posts in the services under the State in favour
National Commission for Scheduled Tribes
of SCs/STs, which are not adequately
(STs) is also a constitutional body in the sense
represented in the services under the State’.
that it is directly established by Article 338-A of
● Article 338 provides for a National
the Constitution. The National Commission for
Commission for the Scheduled Castes and
SCs and STs came into being consequent upon
Scheduled Tribes with duties to investigate
passing of the 65th Constitutional
and monitor all matters relating to safeguards
Amendment Act of 1990. The Commission was
 233

established under Article 338 of the

Constitution with the objective of monitoring
all the safeguards provided for the SCs and STs
under the Constitution or other laws.
● Statement 2 is incorrect: Geographically and
culturally, the STs are different from the SCs
and their problems are also different from
those of SCs. In 1999, a new Ministry of Tribal
Affairs was created to provide a sharp focus to
the welfare and development of the STs. It was
felt necessary that the Ministry of Tribal
Affairs should coordinate all activities relating
to the STs as it would not be administratively
feasible for the Ministry of Social Justice and
Empowerment to perform this role.
● Statement 3 is incorrect: The separate
National Commission for STs came into
existence in 2004. It consists of a chairperson,
a vice-chairperson and three other members.
They are appointed by the President by
warrant under his hand and seal. Their
conditions of service and tenure of office are
also determined by the President.

Students Note
 234

Special Officer for Linguistic Minorities, Union Public Service Commission and
State Public Service Commission
recommendations are only advisory in nature
Q.1) Ans: D and not binding.
Exp:
● Statement 1 is incorrect: Originally, the
Constitution of India did not make any
Q.3) Ans: D
provision with respect to the Special Officer for
Linguistic Minorities but later, on the Exp:
recommendation of the States Reorganisation
● Statement 1 is incorrect: - The chairman or a
Commission (1953–55) a new Article 350- B in
member of the UPSC can be removed from
Part XVII of the Constitution was added.
office by the president only in the manner and
on the grounds mentioned in the Constitution,
but not in the manner of removal of a Supreme
Court judge. Therefore, they enjoy the security
of tenure.
● Statement 2 is incorrect: The entire expenses
● Statement 2 is incorrect: At the Central level, including the salaries, allowances and pensions
the Commissioner falls under the Ministry of of the chairman and members of the UPSC are
Minority Affairs but not under ministry of charged on the Consolidated Fund of India.
home affairs. Thus, they are not subject to the vote of
● Statement 3 is incorrect: It is the Parliament.
Commissioner that launched a 10-point ● Statement 3 is incorrect: The chairman or a
programme to lend fresh impetus to member of UPSC is (after having completed his
Governmental efforts towards the first term) not eligible for reappointment to
preservation of the language and culture of that office (i.e., not eligible for second term).
linguistic minorities, but not the ministry.

Q.4) Ans: D
Q.2) Ans: C
Exp:
Exp:
• Statement 1 is incorrect: The Constitution
● Statement 1 is correct: - UPSC is called ‘watch- does not specify the strength of the
dog of merit system’ in India. It is concerned Commission but has left the matter to the
with the recruitment to the all-India services discretion of the Governor.
and Central services–group A and group B.
● Statement 2 is incorrect: It is not concerned
with the classification of services, pay and
service conditions, cadre management,
training, and so on, instead they are dealt by
the Department of Personnel and Training.
● Statement 3 is correct: It advises the
government, when consulted, on promotion • Statement 2 is incorrect: The chairman and
and disciplinary matters and those members of the Commission hold office for a
 235

term of six years or until they attain the age of ● Statement 3 is correct: The President can
62 years, whichever is earlier. exclude posts, services and matters from the
• Statement 3 is incorrect: The chairman and purview of the UPSC. But all such regulations
other members of the SPSC are appointed by made by the President shall be laid before each
the governor of the state, but removed by the House of the Parliament for at least 14 days.
president of India.

Q.7) Ans: B
Q.5) Ans: A
Exp: Exp:
● Option A is correct: The President can appoint
• Statement 1 is incorrect: The Constitution
one of the members of the UPSC as an acting
does not specify the strength of the UPSC and
chairperson – a) When the office of the
has left the matter to the discretion of the
chairman falls vacant; or b) When the
President, who determines its composition.
chairperson is unable to perform his functions
Usually, the commission consists of nine to
due to absence or some other reason. This
eleven members including the chairman.
provision was added by the 15th Constitutional
• Statement 2 is incorrect: The Constitution
Amendment Act, 1963.
does not provide the qualification for the
● Option B is incorrect: The President can
membership of the commission, except that
remove the chairperson or any other member
one-half of the members of the Commission
of UPSC for misbehaviour. However, in this
should be such persons who have held office
case, the President has to refer the matter to
for at least ten years either under the
the Supreme Court for an enquiry. Removal on
Government of India or under the government
ground of insolvency does not need enquiry by
of a state.
the supreme court.
• Statement 3 is correct: Article 316(2) provides
● Option C is incorrect: The chairperson of the
that the chairperson and members of the
UPSC, on ceasing to hold office, is not eligible
Commission hold office for a term of six years
for further employment in the Government of
or until they attain the age of 65 years.
India or a state. A member of UPSC, on ceasing
to hold office, is eligible for appointment as the
Q.8) Ans: B
chairperson of UPSC or a SPSC but not for any
Exp:
other employment in the Government of India
or a state. • Statement 1 is correct: The SPSC is created
directly by the Constitution, a JSPSC can be
created by an Act of the Parliament on the
Q.6) Ans: C request of the state legislature concerned.
Exp: • Statement 2 is incorrect: The chairperson and
members of SPSC and JSPSC hold office for a
● Statement 1 is correct: Article 320(3)(a) term of six years or until they attain the age of
provides that the UPSC shall be consulted on 62 years.
all matters relating to methods of recruitment • Statement 3 is correct: Although the
to civil services and for civil posts. chairperson and members of a SPSC are
● Statement 2 is incorrect: Article 321 provides appointed by the Governor, they can be
that the Parliament by an Act may provide for removed only by the President. The
the exercise of additional functions by the chairperson and members of JSPSC are
UPSC as respects the services of the Union. appointed and removed by the President.
 236

• Statement 4 is incorrect: The report of SPSC is Exp:

presented to the Governor of the state and the • Statement 1 is incorrect: The chairperson or a
report of JSPSC is presented to each of the member of a SPSC can be removed from the
concerned State Governors. office by the President only in the manner and
on the grounds mentioned in the Constitution.
Q.9) Ans: C They are clearly defined in the Constitution
Exp: and are not like the manner of a High Court
• Statement 1 is incorrect: The Constitution Judge.
does not specify the strength of the • Statement 2 is correct: The President can
Commission but has left the matter to the remove the chairperson or any other member
discretion of the Governor of the State. of SPSC for misbehaviour. The Constitution has
• Statement 2 is incorrect: The Constitution defined ‘misbehaviour’ in this context. The
authorises the Governor to determine the Constitution states that the chairman or any
conditions of service of the chairperson and other member of a SPSC is deemed to be guilty
members of the Commission. of misbehaviour, if he (a) is concerned or
• Statement 3 is correct: The Governor can interested in any contract or agreement made
appoint one of the members of the SPSC as an by the Government of India or the government
acting chairperson in case of vacancy and of a state, or (b) participates in any way in the
absence of the chairperson. This provision was profit of such contract or agreement or in any
added through the 15th Constitution benefit therefrom otherwise than as a member
Amendment. and in common with other members of an
incorporated company.
Q.10) Ans: D • Statement 3 is correct: During the course of
Exp: enquiry by the Supreme Court, the governor
• Statement 1 is correct: Article 321 provides can suspend the concerned chairman or
that the State Legislature may provide for member, pending the final removal order of
exercise of additional functions by the SPSC as the president on receipt of the report of the
respects to the services of the State and also as Supreme Court.
respects the services of any local authority or
other body corporate constituted by law or of Q.12) Ans: C
any public institution. Exp:
• Statement 2 is correct: The SPSC is consulted • Statement 1 is correct: The provision for the
by the Governor while framing rules for Special Officer for Linguistic Minorities was
appointment to judicial service of the state made through 7th Constitutional Amendment
other than the posts of district judges. In this Act, 1956, which inserted Article 350B into the
regard, the concerned state High Court is also Constitution.
consulted. • Statement 2 is incorrect: The Constitution
• Statement 3 is correct: The chairperson of a does not specify the qualifications, tenure,
SPSC, on ceasing to hold office, is eligible for salaries and allowances, service conditions and
appointment as the chairperson or member of procedure for removal of the Special Officer
the UPSC or as the chairperson of any other for Linguistic Minorities.
SPSC, but not for any other employment under • Statement 3 is correct: It is the duty of the
the Government of India or a state. Special Officer to investigate all matters
relating to the safeguards provided for
Q.11) Ans: B linguistic minorities under the Constitution. It
 237

includes the provision made under Article Exp:

350A of the Constitution which states that “It • Statement 1 is Incorrect & Statement 2 is
shall be the endeavour of every State and of correct : In the case of the Union Commission
every local authority within the State to or a Joint Commission, the President and, in
provide adequate facilities for instruction in the case of a State Commission, the Governor
the mother-tongue at the primary stage of of the State may by regulations
education to children belonging to linguistic • determine the number of members of the
minority groups.” Commission and their conditions of service;
and
Q.13) Ans: B • make provision with respect to the number of
Exp: members of the staff of the Commission and
• Statement 1 is Incorrect: Removal of their conditions of service:
member/chairperson of UPSC • Provided that the conditions of service of a
• Misbehaving - after the Supreme Court, on member of a Public Service Commission shall
reference being made to it by the President, not be varied to his disadvantage after his
has, on inquiry held in accordance with the appointment.
procedure prescribed in that behalf under • Statement 3 is correct : The expenses of the
article 145, reported that the Chairman or such Union or a State Public Service Commission,
other member, as the case may be, ought on including any salaries, allowances and
any such ground to be removed is adjudged an pensions payable to or in respect of the
insolvent; or engages during his term of office members or staff of the Commission, shall be
in any paid employment outside the duties of charged on the Consolidated Fund of India or,
his office; or is, in the opinion of the President, as the case may be, the Consolidated Fund of
unfit to continue in office by reason of infirmity the State
of mind or body.
Q.15) Ans: C
Exp:
On ceasing to hold office
• the Chairman of the Union Public Service
Commission shall be ineligible for further
• Statement 2 is Correct: If the Chairman or any employment either under the Government of
other member of a Public Service Commission India or under the Government of a State;
is or becomes in any way concerned or • Statement 1 and statement 4 is correct:the
interested in any contract or agreement made Chairman of a State Public Service Commission
by or on behalf of the Government of India or shall be eligible for appointment as the
the Government of a State or participates in Chairman or any other member of the Union
any way in the profit thereof or in any benefit Public Service Commission or as the Chairman
or emolument arising therefrom otherwise of any other State Public Service Commission,
than as a member and in common with the but not for any other employment either under
other members of an incorporated company, the Government of India or under the
he shall, be deemed to be guilty of Government of a State.
misbehaviour • Statement 2 is correct: a member other than
the Chairman of a State Public Service
Q.14) Ans: C Commission shall be eligible for appointment
as the Chairman or any other member of the
 238

Union Public Service Commission or as the 1955) issued a suggestion in this regard later
Chairman of that or any other State Public on. As a result, in Part XVII of the Constitution,
Service Commission, but not for any other the Seventh Constitutional Amendment Act of
employment either under the Government of 1956 added a new Article 350-B.
India or under the Government of a State ● Statement 2 is correct: The Special Officer for
• Statement 3 is incorrect: a member other than Linguistic minorities' job would be to look into
the Chairman of the Union Public Service any and all issues relating to the
Commission shall be eligible for appointment Constitution's protections for linguistic
as the Chairman of the Union Public Service minorities. The objectives of Officer include
Commission or as the Chairman of a State duty to ensure that constitutional safeguards
Public Service Commission, but not for any and a nationally agreed-upon scheme of
other employment either under the safeguards for linguistic minorities are
Government of India or under the Government implemented successfully and efficiently in
of a State order to provide them with equal
opportunities for inclusive development.It also
Q.16) Ans: D strives to provide equal opportunities to
Exp: linguistic minorities for inclusive development
• Statement 1 is Correct : Originally, the and national integration.
Constitution of India did not make any
provision with respect to the Special Officer for Q.18) Ans: A
Linguistic Minorities.
Exp:
o States Reorganisation Commission (1953–
55) made a recommendation in this ● Statement 1 is correct: Article 350(B) of
regard. constitution states that there should be a
• Statement 2 is Correct : The Seventh Special Officer for linguistic minorities to be
Constitutional Amendment Act of 1956 appointed by the President. Also The Special
inserted a new Article 350-B in Part XVII of the Officer's responsibility is to investigate all
Constitution matters relating to the safeguards provided for
• Statement 3 is Correct : The Constitution does linguistic minorities under this Constitution
not specify the qualifications, tenure, salaries and report to the President at such intervals as
and allowances, service conditions and the President may direct, and the President
procedure for removal of the Special Officer shall cause all such reports to be laid before
for Linguistic Minorities each House of Parliament and sent to the
governments of the States concerned.
● Statement 2 is incorrect: The commissioner
Q.17) Ans: B
falls under the Ministry of Minority Affairs at
Exp: the central level. He submits the annual
reports or other reports to the President
● Statement 1 is incorrect: The President of through the Union Minority Affairs Minister.
India appoints a Special Officer for Linguistic
Minorities under article 350(B) to protect the
rights of linguistic minorities. Initially, there Q.19) Ans: A
was no provision in the Indian Constitution for
Exp:
a Special Officer for Linguistic Minorities. The
States Reorganization Commission (1955–
 239

● Statement 1 is correct: The Union Public the powers and functions of SPSC are provided
Service Commission (UPSC) is the central in Part XIV of the Indian Constitution under
recruiting agency in India. It is an independent Article 315 to Article 323. The Chairman and
constitutional body. The provisions regarding other members of the SPSC are appointed by
the composition of UPSC, appointment and the Governor of the State.
removal of its members and the powers and ● Statement 2 is Incorrect: The Chairman or any
functions of UPSC are provided in Part XIV of other member of SPSC shall only be removed
the Indian Constitution under Article 315 to from his/her office by order of the President
Article 323. As per Article 312 of the Indian of India. The Governor of the state shall
Constitution, the Parliament is empowered to suspend the Chairman or any other member
create one or more All India services from his/her office in respect of whom a
(including an All India Judicial service) reference has been made to the Supreme
common to the Union and the States. Court.The conditions for removal of members
● Statement 2 is Incorrect: The Chairman or any are the same as those of the UPSC.
other member of a Public Service Commission
shall only be removed from his office by order Q.21) Ans: B
of the President on the ground of
Exp:
misbehaviour after the Supreme Court, on
reference being made to it by the President, ● Statement 1 is incorrect: Article 315 of the
has, on inquiry held in accordance with the Indian Constitution, two or more States may
procedure prescribed in that behalf under agree that there shall be one Public Service
article 145, reported that the Chairman or such Commission for that group of States. The
other member, as the case may be, ought on resolution to such an agreement shall be
any such ground to be removed. The passed by each House of the Legislature of
recommendation of the Chairman is not each of the States. Only then, the Parliament
needed in the removal process. Also the may by law provide for the appointment of a
Chairman or any other member of UPSC may Joint State Public Service Commission (JSPSC).
be removed if he/she: ● Statement 2 is correct: Article 316 of the
1. Is adjudged an insolvent. Indian Constitution states that the Chairman
2. Engages during his/her term of office in and other members of JSPSC shall be
any paid employment outside the duties appointed by the President of India. A
of his/her office. member of Joint Commission shall hold the
3. Is, in the opinion of the President, unfit office for a term of six years or till the age of 62
to continue in office by reason of years, whichever is earlier
infirmity of mind or body. ● Statement 3 is correct: Article 323 states that
it shall be the duty of the JSPSC to present the
annual report to the Governor of each of the
Q.20) Ans: A
States which have together formed the
Exp: Commission. The Governor of each of the
states is responsible for providing a
● Statement 1 is correct: Quite Similar to the
memorandum explaining the cases the advice
UPSC at the Centre, there is a State Public
of the Commission was not accepted. The
Service Commission (SPSC) in the state. The
reasons for non-acceptance of advice of
provisions regarding the composition of SPSC,
Commission are to be laid before the
appointment and removal of its members and
Legislature of each of the States.
 240

● Statement 1 is correct: In the Government of

Q.22) Ans: A India Act 1935, Public Service Commission was
established separately for both the central and
Exp:
the state government services. After
● Statement 1 is correct: The Union Public Independence,the Union Public Service
Service Commission (UPSC) is the central Commission (UPSC) as the central recruiting
recruiting agency in India. It is an independent agency was established in India. It is an
constitutional body. The provisions regarding independent constitutional body.The
the composition of UPSC, appointment and provisions regarding the composition of UPSC,
removal of its members and the powers and appointment and removal of its members and
functions of UPSC are provided in Part XIV of the powers and functions of UPSC are provided
the Indian Constitution under Article 315 to in Part XIV of the Indian Constitution under
Article 323. The UPSC is consulted in making Article 315 to Article 323.
appointments to civil services and posts and ● Statement 2 is correct: The Union Public
in promotions and transfers from one service Service Commission of India was formed by the
to another depending upon the suitability of British Government during the British rule. In
candidates. 1924, Lee Commission had suggested in its
● Statement 2 is correct: It shall be the duty of a report for the establishment of an
Public Service Commission to advise on any independent and impartial Public Service
matter referred to them by the President of Commission for India. On the basis of this
India .Also UPSC is consulted while looking at recommendation, the Union Public Service
all disciplinary matters affecting a person Commission was established in 1926.
serving under the Government of India or the
Government of a State in a civil capacity, Q.24) Ans: D
including memorials or petitions relating to
Exp:
such matter.
● Statement 3 is Incorrect: In order to exempt The Union Public Service Commission
some posts which for reasons of National
● UPSC is the central recruiting agency in India. It
Security or some other reasons may not be
is an independent constitutional body.The
required to be referred to the Commission for
provisions regarding the composition of UPSC,
their advice, the Union Public Service
appointment and removal of its members and
Commission (Exemption from Consultations)
the powers and functions of UPSC are provided
Regulations were issued on September 1,
in Part XIV of the Indian Constitution under
1958, under Article 320(3)(a) and (b) of the
Article 315 to Article 323.
Constitution. In line with this,UPSC is not
● The following provisions assure the
consulted while making reservations of
Independent Functioning of UPSC.
appointments or posts in favour of any
1. The conditions of service of the chairman
backward class of citizens,as well as taking
or a member, though determined by the
into consideration the claims of scheduled
President, cannot be varied to his
castes and scheduled tribes in making
disadvantage after his appointment.
appointments to services and posts.
2. The entire expenses including the salaries,
allowances, and pensions of the Chairman
Q.23) Ans: C
and members of the UPSC are charged on
Exp: the Consolidated Fund of India.
 241

3. The chairman of the UPSC on ceasing to governments. However,the reasons for non
hold office is not eligible for further acceptance of advice of UPSC has to be laid
employment in the Government of India or before each house of the parliament. This
any state. provision also ensures the Independent and
4. A member of the UPSC is eligible for Impartial functioning of the Commission.
appointment as the Chairman of UPSC or a
State Public Service Commission but not Q.26) Ans: C
for any other employment in the
Exp:
Government of India or any state
5. The Chairman or a member of the UPSC ● Statement 1 is correct: The UPSC is a central
can be removed from office by the agency that has great responsibility for
President only in the manner and on the conducting examinations pertaining to Civil
grounds mentioned in the Constitution. Services, Engineering Services, Defence
Thus, they enjoy the security of tenure. Services, and Medical Services. Main power of
the Union Public Service Commission is its
Q.25) Ans: C advisory power. It can give advice to the
President on various matters. This includes
Exp:
matters regarding the discipline and
● Statement 1 is correct: Article 315 of the punctuality of the employees of All India
Constitution of India states that there shall be Services. On all matters regarding the
a permanent Union Public Service Commission discipline and punctuality of the employees of
for appointment to the various posts of the All India Services.
central government services. All the members ● Statement 2 is correct: The matters related to
of the commission are appointed by the the evaluation of the standard and efficiencies
President of India with at least half of the of the candidates for appointment, promotion
members being the Civil Servants (working or or transfer in all civil posts are also dealt by
retired) with no less than ten years of UPSC.The commission also advises on affairs
experience in Central or State service. Power associated with the demands and benefits of
of the Union Public Service Commission is employees working under the All India Civil
advisory power. It advises the President on Services and injured while on duty Also on the
matters on all matters related with the payment or expenditure for any work of an
appointment of the civil services of the employee of All India Civil Services will be
governments.The evaluation of the standard borne by the consolidated fund of India.
and efficiencies of the candidates for
appointment, promotion or transfer in all civil Q.27) Ans: B
posts.On all matters regarding the discipline Exp:
and punctuality of the employees of All India ● The Constitution of India makes a provision for
Services etc. the establishment of a Joint State Public
● Statement 2 is correct: The Constitution of Service Commission (JSPSC) for two or more
India has made the Public Service Commission states. While the UPSC and the SPSC are
a simple advisory institution which is required created directly by the Constitution, a JSPSC
to give advice to the subject sent to it by the can be created by an act of Parliament on the
President of India or by the Governors of the request of the state legislatures concerned.
States. But to accept or refuse advice is the ● Statement 1 is incorrect: The establishment of
absolute discretion of the respective JSPSC in India was first provided by the
 242

Government of India Act, 1935. The further employment in the Government of

Government of India Act of 1935 provided for India or a state government.
the establishment of not only a Federal Public o A member of UPSC (on ceasing to hold
Service Commission but also a Provincial Public office) is eligible for appointment as the
Service Commission and Joint Public Service chairman of UPSC or a State Public Service
Commission for two or more provinces. The Commission (SPSC), but not for any other
1919 Act provided for the establishment of a employment in the Government of India or
Central Public Service Commission. a state.
● Statement 2 is incorrect: After the bifurcation ● Option D is correct: The additional functions
of Punjab into Punjab and Haryana in 1966, a relating to the services of the Union can be
Joint State Public Service Commission was conferred on UPSC by the Parliament. It can
created for a short period for the two states of also place the personnel system of any
Punjab and Haryana. Since then, no such body authority, corporate body or public institution
has been established. within the jurisdiction of the UPSC. Therefore
● Statement 3 is incorrect: A JSPSC presents its the jurisdiction of UPSC can be extended by an
annual performance report to each of the act made by the Parliament.
concerned state governors. Each governor
places the report before the state legislature. Q.29) Ans: D
● Statement 4 is correct: The Constitution makes Exp:
a provision for the establishment of a Joint ● Pair 3 is correctly matched: The chairman or
State Public Service Commission (JSPSC) for members of a JSPC are appointed by the
two or more states. A JSPSC is not directly President of India and they hold office for a
created by state legislatures. It can only be term of 6 years or until they attain the age of
created by an act of Parliament on the request 62 years. They can be suspended or removed
of the state legislatures concerned. Thus, a by the president. They can also resign from
JSPSC is a statutory and not a constitutional their offices at any time by submitting their
body. resignation letters to the president. The
number of members of a JSPSC and their
Q.28) Ans: C conditions of service are determined by the
Exp: president.
● Option A is correct: UPSC serves all or any of ● Pair 1 and 2 are not correctly matched: The
the needs of a state on the request of the state chairman and other members of SPSC are
governor and with the approval of the appointed by the governor of the state. But
president of India. It assists the states (if the removal of the chairman and members of
requested by two or more states to do so) in SPSC is done by the President of India. The
framing and operating schemes of joint president can remove them on the same
recruitment for any services for which grounds and in the same manner as he can
candidates possessing special qualifications remove a chairman or a member of the UPSC.
are required. Thus, he can remove him under the following
● Option B is correct: The chairman or a member circumstances:
of UPSC is (after having completed his first 1. If he is adjudged an insolvent (i.e. has gone
term) not eligible for reappointment to that bankrupt)
office (not eligible for second term). 2. If he engages, during his term of office, in
● Option C is not correct: The chairman of UPSC any paid employment outside the duties of
(on ceasing to hold office) is not eligible for his office
 243

3. If he is, in the opinion of the president, Commission. Further, the government can also
unfit to continue in office by reason of make rules which regulate the scope of the
infirmity of mind or body. advisory functions of SPSC.
● In addition to these, the president can also
remove the chairman or any other member of
SPSC for misbehavior. However, in this case,
the president has to refer the matter to the
Supreme Court for an enquiry. If the Supreme
Students Note
Court, after the enquiry, upholds the cause of
removal and advises so, the president can
remove the chairman or a member. Under the
provisions of the Constitution, the advice
tendered by the Supreme Court in this regard
is binding on the president. However, during
the course of enquiry by the Supreme Court,
the governor can suspend the concerned
chairman or member, pending the final
removal order of the president on receipt of
the report of the Supreme Court.

Q.30) Ans: C
Exp:
● Statement 1 is incorrect: The entire expense
including the salaries, allowances and pensions
of the chairman and members of a SPSC are
charged on the consolidated fund of the state.
Thus, they are not subject to the vote of the
state legislature. This ensures the
independence of the SPSC.
● Statement 2 is incorrect: The SPSC is consulted
by the governor while framing rules for
appointment to judicial service of the state
other than the posts of district judges. In this
regard, the concerned state high court is also
consulted.
● Statement 3 is incorrect: The role of SPSC is
not only limited, but also recommendations
made by it are only of advisory nature and
hence, not binding on the government. It is up
to the state government to accept or reject
that advice.
● The only safeguard is the answerability of the
government to the state legislature for
departing from the recommendation of the
 244

Union Territory, Special Status of States & Provision

• Statement 3 is correct: Article 371A also
Q.1) Ans: A provides that the Governor of Nagaland shall
Exp: have special responsibility for law and order in
the state so long as internal disturbances
• Pair 1 is correct: Article 371A was added caused by the hostile Nagas continue.
through the 13th Constitutional Amendment
and made special provision for Nagaland. Q.3) Ans: A
• Pair 2 is incorrect: Article 371C was added
Exp:
through the 27th Constitutional Amendment
and made special provision for Manipur. • Statement 1 is correct: 7th Constitutional
• Pair 3 is incorrect: Article 371G was added Amendment provided special provisions for
through the 53rd Constitutional Amendment Maharashtra and Gujarat. Article 371 originally
Act and made special provisions for Mizoram. contained “temporary provisions with respect
• Pair 4 is correct: Article 371J was added to state in Part B of the first schedule”.
through the 98th Constitutional Amendment • Statement 2 is incorrect: It provides for
Act and made special provisions for Karnataka. establishment of separate development
(for Hyderabad -karnataka region) boards for Vidarbha, Marathwada and the rest
of Maharashtra. It also provides for separate
development boards for Saurashtra, Kutch and
Q.2) Ans: D
the rest of Gujarat.
Exp: • Statement 3 is incorrect: The report on the
working of these boards is placed every year
• Statement 1 is correct: Article 371A provides
before the State Legislative Assembly.
that the members in the Nagaland Legislative
Assembly from the Tuensang district are not
elected directly by the people but by the Q.4) Ans: C
regional council.
Exp:

• Statement 1 is correct: Article 239A (1)

provides that the Parliament can create an
elected or partly elected and partly nominated
legislature for Union Territories of Puducherry.
• Statement 2 is correct: Article 371A provides
that “No Act of Parliament in respect of:
• religious or social practices of the Nagas,
• Naga customary law and procedure,
• administration of civil and criminal justice
involving decisions according to Naga • Statement 2 is correct: Article 239A (2)
customary law, provides that a law enacted by the Parliament
• ownership and transfer of land and its to create a legislative assembly for Union
resources shall apply to the State of Nagaland Territories is not deemed to be an amendment
unless the Legislative Assembly of Nagaland by to the Constitution under Article 368.
a resolution so decides.”
 245

Q.5) Ans: D

Exp:

• Statement 1 is incorrect: The Constitution

does not provide the total number of seats in
the Legislative assembly and leaves it to the
Parliament, which has provided the total
number of seats in legislative assembly as
seventy by the Government of National Capital
Territory of Delhi Act, 1991.
• Statement 2 is incorrect: Article 239AA (3) (a)
provides that the legislative assembly of NCT of
Delhi can make laws on State List and
Concurrent List except public order, police and
land. Article 239AA (3) (b) provides that the
Parliament can also make laws with respect to
any matter for a union territory.
• Statement 3 is correct: Article 239AA (5)
provides that the Chief Minister is appointed
by the President and other ministers are
appointed by the President on the advice of
the Chief Minister.

Students Note
 246

Panchayats, Municipality
• Creation of a three-tier Panchayati Raj
Q.1) Ans: A Structure at the district, block and Village
Exp: levels.
• Direct Election to all seats in panchayats at
• Statement 1 is incorrect: The 73rd the village, intermediate and district level.
constitutional amendment act gives practical • All the Seats in a Panchayat shall be filled
shape to Article 40 and contains 29 functional by persons Chosen by direct elections from
items of the panchayats and deals with Article territorial Constituencies in the Panchayat
243-G. area;
• Statement 2 is correct: The: The 74th • The minimum age for contesting elections
constitutional amendment act 1992, has to Panchayats to be 21 years.
brought the municipalities under the purview • Reservation for Women in Panchayats up
of justiciable part of the Constitution. to 33%
• Reservation of Seats for SC/ST, in
Q.2) Ans: D Panchayats, in proportion to their
population;
Exp: • Creation of a State Election Commission to
• Statement 1 is correct: - Lord Mayo’s conduct elections.
Resolution of 1870 on financial • Fixed 5 years tenure of Panchayats at all
decentralisation visualised the development of levels of Panchayats
local self-government institutions. • Each State is to Constitute a State Finance
• Statement 2 is correct: Lord Ripon’s Resolution Commission every five years to review the
of 1882 has been hailed as the ‘Magna Carta’ financial position of the Panchayat.
of local self-government. He is called as the Providing reservation of seats for members of
father of local self-government in India. backward classes as well as Devolution of
• Statement 3 is correct: The Royal Commission Powers and responsibilities upon panchayats
on decentralisation was appointed in 1907 and comes under voluntary Provision of 73rd
it submitted its report in 1909. Its chairman Amendment Act.
was Hobhouse.
Q.4) Ans: B
Exp:
Q.3) Ans: C The Provisions of the Panchayats (Extension to
Exp: Scheduled Areas) Act, 1996 or PESA is a law
enacted by the Government of India for
The Constitutional 73rd amendment Act of ensuring self-governance through traditional
1992 came into force in India to provide Gram Sabhas for people living in the Scheduled
constitutional status to the Panchayati Raj Areas of India
institutions. It provided for compulsory as well • Statement 1 is incorrect: The state
as voluntary Provision to be framed by the government may nominate such Scheduled
state legislature. The compulsory Provision of Tribes which have no representation in the
Act are: panchayat. These nominations can be made at
• Organisation of Gram Sabha intermediate or district level and not in village
level.
 247

• Statement 2 is correct: The nomination by the provision with respect to all matters relating
state government shall not exceed one-tenth to elections to the panchayats
of total members to be elected in the
panchayat at that level Q.7) Ans: D
• Statement 3 is correct: All seats of Chairperson
Exp:
at all levels of Panchayats, under PESA, must be
occupied by members of Scheduled Tribe. ● 73rd Amendment Act 1992 act provides for a
five-year term of office to the panchayat at
Q.5) Ans: D every level and it can be dissolved before the
Exp: completion of its term. Fresh elections to
• Statement 1 is incorrect: Gram Sabha is a body constitute a panchayat shall be completed
consisting of persons registered in the o before the expiry of its duration of five
electoral rolls of a village within the area of years; OR
Panchayat at the village level. o in case of dissolution, before the expiry of
• Statement 2 is incorrect: It is a village assembly a period of six months from the date of its
consisting of all the registered voters in the dissolution.
area of a panchayat. It aims to strengthen the ● But, when the remainder of the period (for
participative and deliberative model of which the dissolved panchayat would have
democracy. continued) is less than six months, it shall not
• Statement 3 is incorrect: Gram Sabha may be necessary to hold any election for
exercise such powers and perform such constituting the new panchayat for such a
functions at the village level as the legislature period.
of a state determines. ● A panchayat reconstituted after premature
dissolution does not enjoy the full period of
five years but remains in office only for the
Q.6) Ans: B remainder of the period.
Exp:
Q.8) Ans: D
● Statement 1 is correct: State Election
Commission has power to superintendence, Exp:
direction and control of the preparation of ● The term ‘Urban Local Government’ in India
electoral rolls and the conduct of all elections signifies the governance of an urban area by
to the panchayats shall be vested in the state the people through their elected
election commission. It consists of a state representatives. The jurisdiction of an urban
election commissioner to be appointed by the local government is limited to a specific urban
governor. area which is demarcated for this purpose by
● Statement 2 is incorrect: State election the state government.
commissioner conditions of service and tenure ● There are eight types of urban local
of office shall also be determined by the governments in India—municipal corporation,
governor. He shall not be removed from the municipality, notified area committee, town
office except in the manner and on the area committee, cantonment board,
grounds prescribed for the removal of a judge township, port trust and special purpose
of the state high court if conditions of service agency.
shall not be varied to his disadvantage after his ● The 74 th Amendment Act of 1992 has added a
appointment. The state legislature may make new Part IX-A to the Constitution of India. This
 248

part is entitled as ‘The Municipalities’ and ● Statement 3 is incorrect: The 74th

consists of provisions from Articles 243- P to Constitutional amendment act aims at
243-ZG. In addition, the act has also added a revitalizing and strengthening the urban
new Twelfth Schedule to the Constitution. This governments so that they function effectively
schedule contains eighteen functional items as units of local government.
of municipalities. It deals with Article 243-W.
● The act gave constitutional status to the Q.10) Ans: C
municipalities. It has brought them under the
Exp:
purview of justiciable part of the Constitution.
In other words, state governments are under ● Statement 1 is correct: All the members of a
constitutional obligation to adopt the new municipality shall be elected directly by the
system of municipalities in accordance with people of the municipal area. For this purpose,
the provisions of the act. each municipal area shall be divided into
● The act aims at revitalising and strengthening territorial constituencies to be known as
the urban governments so that they function wards.
effectively as units of local government. ● The state legislature may provide the manner
of election of the chairperson of a municipality
Q.9) Ans: C may also provide for the representation of the
following persons in a municipality.
Exp:
o 1. Persons having special knowledge or
● Statement 1 is correct: The term ‘Urban Local experience in municipal administration
Government’ in India signifies the governance without the right to vote in the meetings
of an urban area by the people through their of municipality.
elected representatives. 74 Amendment Act of o 2. The members of the Lok Sabha and the
1992 has added a new Part IX-A to the state legislative assembly representing
Constitution of India ie. the ' Municipalities’ constituencies that comprise wholly or
and it consists of provisions from Articles 243- partly the municipal area.
P to 243-ZG. It also added a new Twelfth o 3. The members of the Rajya Sabha and
Schedule to the Constitution. This schedule the state legislative council registered as
contains 18 functional items of municipalities. electors within the municipal area.
It deals with Article 243-W. o 4. The chairpersons of committees (other
than wards committees).
● Statement 2 is incorrect: Wards Committees
There shall be constituted a wards committee,
consisting of one or more wards, within the
territorial area of a municipality having
population of three lakh or more.
● Statement 2 is correct: The act gave ● The state legislature may make provision with
constitutional status to the municipalities. It respect to the composition and the territorial
has brought them under the purview of area of a wards committee and the manner in
justiciable part of the Constitution, it means which the seats in a wards committee shall be
state governments are under constitutional filled.
obligation to adopt the new system of ● Statement 3 is incorrect: Reservation of Seats
municipalities in accordance with the The act provides for the reservation of seats
provisions of the act. for the scheduled castes and the scheduled
 249

tribes in every municipality in proportion of programmes, infrastructure schemes, urban

their population to the total population in the reform initiatives and so on.
municipal area. ● Devolution: This consists of the transfer of
● Further, it provides for the reservation of not funds to the urban local bodies from the state
less than one-third of the total number of government.
seats for women (including the number of ● Loans: The urban local bodies raise loans from
seats reserved for women belonging to the SCs the state government as well as financial
and the STs). institutions to meet their capital expenditure.

Q.11) Ans: D Q.12) Ans: A

Exp: Exp:

● The 74th Amendment Act of 1992 gave ● Statement 1 is correct: A cantonment board is
constitutional status to the municipalities. It established for municipal administration for
has brought them under the purview of the civilian population in the cantonment
justiciable part of the Constitution. area. It is set up under the provisions of the
● The act aims at revitalising and strengthening Cantonments Act of 2006—a legislation
the urban governments so that they function enacted by the Central government. It works
effectively as units of local government. under the administrative control of the
● There are five sources of income for urban defence ministry of the Central government.
local bodies. These are as follows: Thus, unlike the above four types of urban local
● Tax Revenue: The revenue from the local taxes bodies, which are created and administered by
include property tax, entertainment tax, taxes the state government, a cantonment board is
on advertisements, professional tax, water created as well as administered by the Central
tax, tax on animals, lighting tax, pilgrim tax, government.
market tax, toll on new bridges, octroi and so ● Statement 2 is incorrect: A cantonment board
on. consists of partly elected and partly
● In addition, the municipal bodies impose nominated members. The elected members
various cesses like library cess, education cess, hold office for a term of five years while the
beggary cess and so on. Octroi (i.e., taxes on nominated members (i.e., ex-officio members)
the entry of goods into a local area for continue so long as they hold the office in that
consumption, use or sale therein) has been station. The military officer commanding the
abolished in most of the states. Property tax is station is the ex-officio president of the board
the most important tax revenue. and presides over its meetings. The vice-
● Non-Tax Revenue: This source includes rent president of the board is elected by the elected
on municipal properties, fees and fines, members from amongst themselves for a term
royalty, profits and dividends, interest, user of five years.
charges and miscellaneous receipts. The user
charges (i.e., payment for public.utilities) Q.13) Ans: B
include water charges, sanitation charges,
Exp:
sewerage charges and so on.
● Grants: These include the various grants given ● Statement 1 is incorrect:The term Gram Sabha
to municipal bodies by the Central and State is defined in the Constitution of India under
Governments for several development Article 243(b). Gram Sabha is the primary
body of the Panchayati Raj system and by far
 250

the largest. Gram sabha is a permanent body. institutions.Lord Ripon’s Resolution of 1882
The power to annul a decision of the Gram has been hailed as the ‘Magna Carta’ of local
Sabha rests with the Gram Sabha only. Gram self-government. He is called as the father of
Sabha is a body consisting of persons local-self government in India..
registered in the electoral rolls of a village ● Statement 3 is correct; In the year 1907, the
within the area of Panchayat at the village Royal Commission on Decentralization was
level. Thus, it is a village assembly consisting of constituted by the British Government. Its
all the registered voters in the area of a main objective was to investigate the
panchayat. 73 rd amendment provided financial and administrative relations of the
constitutional status to the PRIs, in 1992. Thus, Central and provincial governments. The only
its was not part of original constitution. Indian member of this commission was R.C.
● Statement 2 is correct: All the members of a Dutt. The Royal Commission on
municipality shall be elected directly by the decentralization was appointed in 1907 and it
people of the municipal area. For this purpose, submitted its report in 1909. Its chairman was
each municipal area shall be divided into Hobhouse.
territorial constituencies to be known as
wards. Reservation of Seats The 74th Q.15) Ans: C
Constitutional Amendment Act provides for
Exp:
the reservation of seats for the scheduled
castes and the scheduled tribes in every ● Statement 1 is correct: ‘Urban Local
municipality in proportion of their population Government’ in India signifies the governance
to the total population in the municipal area. of an urban area by the people through their
Further, it provides for the reservation of not elected representatives. The Ministry of Urban
less than one-third of the total number of Development was created as a separate
seats for women (including the number of ministry in 1985 to look after urban local
seats reserved for women belonging to the bodies across the country.
SCs and the STs). ● Statement 2 is correct: The Ministry of Home
Affairs looks after the administration of urban
Q.14) Ans: C local bodies in the case of Union Territories.
● Statement 3 is correct: The Ministry of
Exp:
defense administers the cantonment board. A
● Statement 1 is incorrect: A municipal cantonment board is established for municipal
corporation is the legal term for a local administration for the civilian population in the
governing body. In 1688, the first municipal cantonment area. It is set up under the
corporation in India was set up at Madras. In provisions of the Cantonments Act of 2006—a
1726, the municipal corporations were set up legislation enacted by the Central government.
in Bombay and Calcutta. It works under the administrative control of
● Statement 2 is incorrect: Lord Mayo or Lord the defense ministry of the Central
Naas served as 4th Viceroy of India from 12 government.
January 1869 to 8 February 1872. He started
the process of decentralization of finance. In
foreign affairs, he followed the policy of non-
interventionLord Mayo’s Resolution of 1870
on financial decentralization visualized the
development of local self-government
 251

● Statement 2 is correct: This program is

Extra Edge by PW Only IAS
dedicated for voter education, spreading voter
Central Council of Local Government:

● The Central Council of Local Government was set

up in 1954. It was constituted under Article 263
of the Constitution of India by an order of the
President of India. Originally, it was known as the
Central Council of Local Self-Government.
awareness and promoting voter literacy in
● However, the term ‘self-government’ was found
India.
to be superfluous and hence was replaced by the
● Statement 3 is correct: SVEEP’s primary goal is
term ‘government’ in the 1980s. Till 1958, it dealt
to build a truly participative democracy in
with both urban as well as rural local
India by encouraging all eligible citizens to vote
governments, but after 1958 it has been dealing
and make an informed decision during the
with matters of urban local government onlyThe
elections. The programme is based on multiple
Council is an advisory body. It consists of the
general as well as targeted interventions which
Minister for Urban Development in the
are designed according to the socio-economic,
Government of India and the ministers for local
cultural and demographic profile of the state
self government in states. The Union minister
as well as the history of electoral participation
acts as the Chairman of the Council.
in previous rounds of elections and learning
The Council performs the following functions with
thereof.
regard to local government:

● Considering and recommending the policy Q.17) Ans: D

matters.
Exp:
● Making proposals for legislation.
● Examining the possibility of cooperation between About Extradition:
the Centre and the states.
● Extradition, according to the Supreme Court, is
● Drawing up a common programme of action.
the surrender by one state to another of
● Recommending Central financial assistance.
persons who are wanted for crimes for which
● Reviewing the work done by the local bodies with
they have been accused or convicted and are
the Central financial assistance.
justifiable in the other state's courts.
● The Extradition Act 1962 (as amended in
Q.16) Ans: D 1993) provides India's legislative framework
for extradition
Exp:
● An extradition request for an accused can be
● Statement 1 is incorrect: "Systematic Voters’ initiated in the case of under-investigation,
Education and Electoral Participation" undertrial, and convicted criminals.
program, better known as SVEEP, is the ● The Ministry of External Affairs is the Central
flagship program of the Election Commission Authority in Extradition Matters, and the CPV
of India. Division is the nodal division within the
Ministry of External Affairs, where they
collaborate with the CBI, ED, DRI, and other
agencies on each case.
 252

● India has extradition treaties with 50 nations was established for a three-year term. Since
and has made arrangements with 11 more. then, twenty-one more Commissions have
been established.

Q.18) Ans: B

Exp:

About Gujral Doctrine:

● The Gujral Doctrine is credited with

significantly altering the way India's bilateral
interactions with its immediate neighbours,
particularly the smaller ones. ● It works as an advisory body to the Ministry of
● The Gujral Doctrine is a set of five principles Law and Justice. Apart from having a full-time
laid out by I.K. Gujral, who served as India's chairperson, the commission will have four
foreign minister and later as Prime Minister, to full-time members, including a member-
guide the conduct of India's diplomatic secretary.
relations with its near neighbours. Law and Legislative Secretaries in the Law
● Five Principles of Gujral Doctrine: Ministry will be the ex-officio members of the
a. India does not demand reciprocity from commission.
neighbours such as Bangladesh, Bhutan,
● It will also have not more than five part-time
the Maldives, Nepal, and Sri Lanka, but
members. A retired Supreme Court judge or
instead gives and accommodates what it
Chief Justice of a High Court will head the
can in good faith and trust.
Commission.
b. No South Asian country should allow its
Roles and functions of the law commission
territory to be used against the interests of
another country in the region. ● Statement 2 is correct: The Law Commission
c. No country should interfere in the internal shall, on a reference made to it by the Central
affairs of another. Government or suo motu, undertake research
d. All countries in South Asia must respect in law and review of existing laws in India for
each other's territorial integrity and making reforms and enacting new legislation.
sovereignty. It shall also undertake studies and research for
e. Any conflicts should be resolved through bringing reforms in the justice delivery
peaceful bilateral dialogue. systems for elimination of delay in procedures,
speedy disposal of , etc.
Q.19) Ans: C ● However, The recommendations of the
commission are not binding on the
Exp:
government. They are recommendations only.
● Statement is 1 correct: Law commission is an The government or concerned department
executive body established by an order of the may accept or reject these recommendations.
Government of India. It is a non-statutory
body. The first Law Commission was Q.20) Ans: B
established during the British Raj era in 1834.
Exp:
It was established by the Charter Act of 1833
and was chaired by Lord Macaulay. In 1955, ● Statement 1 is incorrect: The provision of
the first Law Commission of independent India anticipatory bail is under Section 438 CrPC
 253

(not Constitution of India). Anticipatory bail declaration renouncing his Indian

became part of the new CrPC in 1973 (when citizenship. Upon the registration of
the latter replaced the older Code of 1898), that declaration,that person ceases to
after the 41st Law Commission Report of 1969 be a citizen of India. However, if such
recommended the inclusion of the provision. a declaration is made during a war in
In the 1980 Gurbaksh Singh Sibbia vs State of which India is engaged, its registration
Punjab case, a five-judge Supreme Court bench shall be withheld by the Central
led by then Chief Justice Y V Chandrachud ruled Government. Further, when a person
that S. 438 (1) is to be interpreted in the light renounces his Indian citizenship, every
of Article 21 of the Constitution (protection of minor child of that person also loses
life and personal liberty). Indian citizenship. However, when
● Statement 2 is correct: The Supreme Court has such a child attains the age of
held that a superior court can set aside an eighteen, he may resume Indian
anticipatory bail order if there is enough citizenship.
material to suggest that factors like the gravity
of the offence and the role of the accused in
the crime were not considered by the lower Students Note
court.

Q.21) Ans: A

Exp:

● Statement 1 is correct: The Constitution deals

with the citizenship from Articles 5 to 11 under
Part II. However, it contains neither any
permanent nor any elaborate provisions in
this regard. It only identifies the persons who
became citizens of India at its commencement
(i.e., on January 26, 1950). It does not deal with
the problem of acquisition or loss of citizenship
subsequent to its commencement. It
empowers the Parliament to enact a law to
provide for such matters and any other
matter relating to citizenship.Accordingly, the
Parliament has enacted the Citizenship Act
(1955), which has been amended from time to
time.
● Statement 2 is incorrect:
o The Citizenship Act (1955) prescribes three
ways of losing citizenship whether
acquired under the Act or prior to it under
the Constitution, viz, renunciation,
termination and deprivation.
§ By Renunciation :Any citizen of India
of full age and capacity can make a
 254

Niti Aayog, National Development Council, National Human Right Commission,

and State Human Right Commission
cause of removal and advises so, then the
Q.1) Ans: D president can remove the chairperson or a
member.
Exp:

• Statement 1 is incorrect:The commission is a Q.3) Ans:C

multi-member body consisting of a
Exp:
chairperson and five members. Commission is
composed of judicial members and three other • Statement 1 is correct: One of the important
members (out of which at least one should be functions of the SHRC is to inquire into any
a woman) having knowledge or practical violation of human rights or negligence in the
experience with respect to human rights. prevention of such violation by a public
servant, either suo motu or on a petition
presented to it or on an order of a court.
• Statement 2 is incorrect: The Commission is
vested with the power to regulate its own
procedure. It has all the powers of a civil court
and its proceedings have a judicial character.
• Statement 3 is correct: The Commission is not
• Statement 2 is incorrect: The various empowered to inquire into any matter after
provisions or features were amended in the expiry of one year from the date on which
Protection of Human Rights (Amendment) Act, the act constituting violation of human rights is
2019. One of the changes provided that a alleged to have been committed.It can look
person who has been a judge of the Supreme into a matter within one year of its occurrence
Court is also made eligible to be appointed as
Chairperson of the National Human Rights Q.4) Ans: A
Commission, in addition to the person who has Exp:
retired as the Chief Justice of India. The chairperson and members are appointed
by the Governor on the recommendations of a
Q.2) Ans: B committee consisting of the chief minister as
Exp: its head, the speaker of the Legislative
• Statement 1 is incorrect: The salaries, Assembly, the state home minister and the
allowances and other conditions of service of leader of the opposition in the Legislative
the chairperson or a member are determined Assembly. In the case of a state having a
by the Central government. But, they cannot Legislative Council, the chairman of the
be varied to his disadvantage after his Council and the leader of the opposition in the
appointment. Council would also be the members of the
committee.
• Statement 2 is correct: The President can
remove the chairperson or any member on the • Option 1 is correct: Chief Minister of state is
ground of proved misbehaviour or incapacity. the head of the committee which appoints
However, the president has to refer the matter members of SHRC.
to the Supreme Court for an inquiry. If the • Option 2 is correct: Speaker of the Legislative
Supreme Court, after the inquiry, upholds the Assembly is also included in committee
 255

• Option 3 is incorrect: It is Home minister of a a platform to discuss inter-sectoral, inter-

state and not Law Minister who is part of the departmental and federal issues to accelerate
committee the implementation of the national
• Option 4 is correct: Leader of opposition in development agenda.
state legislative assembly is also part of ● Statement 4 is correct: NITI Aayog plays an
committee integrative role—with the active involvement
• Option 5 is incorrect: There is no member of of States and civil society. One of the main
judiciary in the committee which appoints objectives of NITI Aayog is to design strategic
members of SHRC and long-term policy and programme
frameworks and initiatives and monitor their
Q.5) Ans: D progress and efficacy. In 2021–22, NITI Aayog
took the lead in setting up sectoral targets and
Exp:
fostering an environment of innovation and
● Statement 1 is correct: NITI Aayog was formed cooperation by bringing together technology,
via a resolution of the Union Cabinet on 1 enterprise, and efficient management at the
January 2015. It is the premier policy think core of policy formulation and
tank of the Government of India, providing implementation.
directional and policy inputs. It provides
relevant strategic and technical advice to the Q.6) Ans: D
Centre, States, and Union Territories. NITI
Exp:
Aayog acts as the quintessential platform for
the Government of India to bring States to act ● The CIC : It was established by the Central
together in national interest and thereby Government in 2005, under the provisions of
foster cooperative federalism. the Right to Information Act (2005). It is not a
constitutional body. It consists of a Chief
Information Commissioner and not more than
ten Information Commissioners.
● The Planning Commission: The Planning
Commission was replaced by a new institution
– NITI AAYYOG on January 1, 2015 with
emphasis on ‘Bottom –Up’ approach to
● Statement 2 is correct: NITI Aayog is envisage the vision of Maximum Governance,
developing itself as a state-of-the-art resource Minimum Government, echoing the spirit of
centre with the necessary knowledge and skills ‘Cooperative Federalism’.
that will enable it to act with speed, promote ● Lokpal: The Lokpal and Lokayukta Act, 2013
research and innovation, provide strategic provided for the establishment of Lokpal for
policy vision for the government, and deal the Union and Lokayukta for States. These
with contingent issues. institutions are statutory bodies without any
● Statement 3 is correct: The Governing Council constitutional status. They perform the
of NITI Aayog, comprising Chief Ministers of all function of an "ombudsman” and inquire into
the States and Union Territories with allegations of corruption against certain public
legislatures. It is the premier body tasked with functionaries and for related matters.
evolving a shared vision of national priorities. ● Zonal Council: The Zonal Councils are the
The Governing Council, which embodies the statutory (and not the constitutional) bodies.
objectives of cooperative federalism, presents They are established by an Act of the
 256

Parliament, that is, the States Reorganisation ● It draws membership from a wider expertise.
Act of 1956. The act divided the country into And serves in the spirit of Cooperative
five zones- Northern, Central, Eastern, Federalism as states are equal partners. It does
Western and Southern and provided a zonal not possess a mandate to impose policies and
council for each zone. does not have powers to allocate funds, which
are vested in the Finance Minister.
Planning commission:
Q.7) Ans: B
● The Planning Commission was directly
Exp:
responsible to India's Prime Minister. It was
● Statement 1 is incorrect: The National Human founded on March 15, 1950, under the
Rights Commission was established in chairmanship of Prime Minister Jawaharlal
conformity with the Paris Principles, adopted Nehru. The Planning Commission was
for the promotion and protection of human established by the Central/Union Government
rights in Paris (October, 1991) and endorsed by and was not established by the Constitution or
the General Assembly of the United Nations statute.
on 20 December, 1993. It is a statutory (and ● Planning Commission was an extra-
not constitutional) body. It was established in constitutional and non-statutory body formed
1993 under a legislation enacted by the by the resolution of the Government of India in
Parliament, namely, the Protection of Human March 1950.
Right Act, 1993. ● It was an advisory body to the Government of
● Statement 2 is correct: The commission is a India on an array of issues of economic
multi-member body consisting of a chairman development.
and four members. The commission is the ● It has limited expertise and follows a ‘Top-
watchdog of human rights in the country, that Down’ approach. Imposed policies on states
is, the rights relating to life, liberty, equality and tied allocation of funds with projects it
and dignity of the individual guaranteed by the approved. It had powers to allocate funds to
Constitution or embodied in the international ministries and state governments.
covenants and enforceable by courts in India.
Q.9) Ans: A

Q.8) Ans: C Exp:

Exp: ● Statement 1 is correct: NITI Aayog was formed

via a resolution of the Union Cabinet on 1
NITI Aayog
January 2015. NITI Aayog acts as the
● The NITI Aayog abbreviation for National quintessential platform for the Government of
Institution for Transforming India) serves as India to bring States to act together in national
the apex public policy think tank of the interest and thereby foster cooperative
Government of India. federalism. It must be noted here that the NITI
● The nodal agency tasked with catalyzing Aayog, created by an executive resolution of
economic development, and fostering the Government of India. It is also neither a
cooperative federalism through the constitutional body nor a statutory body. In
involvement of State Governments of India in other words, it is a non- constitutional or
the economic policy-making process using a extra-constitutional body (i.e., not created by
bottom-up approach.
 257

the Constitution) and a non-statutory body then the president can remove the chairman
(not created by an Act of the Parliament. or a member.
● Statement 2 is incorrect: NITI Aayog is the
premier policy ‘Think Tank’ of the Government
Q.11) Ans: C
of India, providing both directional and policy
inputs. While designing strategic and long- Exp
term policies and programmes for the
● Statement 1 is correct: The National Human
Government of India, NITI Aayog also provides
Rights Commission Establishment of the
relevant technical advice to the Center and
National Human Rights Commission is a
States. NITI Aayog accommodates diverse
statutory (and not a constitutional) body. It
points of view in a collaborative, rather than
was established in 1993 under a legislation
confrontationist, setting. In the spirit of
enacted by the Parliament, namely, the
federalism, NITI’s own policy thinking too is
Protection of Human Rights Act, 1993.
shaped by a ‘bottom-up’ approach rather than
● It is vested with the power to regulate its own
a ‘top-down’ model.
procedure. It has all the powers of a civil court
and its proceedings have a judicial character.
Q.10) Ans: D
● It may call for information or report from the
Exp: Central and state governments or any other
authority subordinate thereto. The
● The chairman and members hold office for a
commission has its own nucleus of
term of five years or until they attain the age
investigating staff for investigation into
of 70 years, whichever is earlier. After their
complaints of human rights violations.
tenure, the chairman and members are not
● Statement 2 is correct: The commission is not
eligible for further employment under the
empowered to inquire into any matter after
Central or a state government.
the expiry of one year from the date on which
● The president can remove the chairman or any
the act constituting violation of human rights
member from the office under the following
is alleged to have been committed. In other
circumstances:
words, it can look into a matter within one year
o If he is adjudged an insolvent; or
of its occurrence.
o If he engages, during his term of office, in
any paid employment outside the duties of
Q.12) Ans: A
his office; or
o If he is unfit to continue in office by reason Exp:
of infirmity of mind or body;or
● Statement 1 is correct: The State Human
o If he is of unsound mind and stand so
Rights Commission Protection of Human
declared by a ki competent court; or
Rights Act of 1993 provides for the creation of
o If he is convicted and sentenced to
not only the National Human Rights
imprisonment for an offence.
Commission but also a State Human Rights
● Apart from it, the president can also remove
Commission at the state level.
the chairman or any member on the ground of
● The State Human Rights Commission is a multi-
proven misbehavior or incapacity. However, in
member body consisting of a chairperson and
these cases, the president has to refer the
two members. The chairperson and members
matter to the Supreme Court for an inquiry.
hold office for a term of five years or until they
● If the Supreme Court, after the inquiry,
attain the age of 70 years, whichever is earlier.
upholds the cause of removal and advises so,
 258

● After their tenure, the chairperson and ● Statement 2 is correct: The Commission may
members are not eligible for further take any of the following steps during or upon
employment under the state government or the completion of an inquiry :
the Central government. o (a) it may recommend to the state
● Statement 2 is incorrect: Although the government or authority to make
chairperson and members of a State Human payment of compensation or damages to
Rights Commission are appointed by the the victim;
governor, they can be removed only by the o (b) it may recommend to the state
President (and not by the governor). government or authority the initiation of
● The President can remove them on the same proceedings for prosecution or any other
grounds and in the same manner as he can action against the guilty public servant;
remove the chairperson or a member of the o (c) it may recommend to the state
National Human Rights Commission. Thus, he government or authority for the grant of
can remove the chairperson or a member immediate interim relief to the victim;
under the following circumstances: o (d) it may approach the Supreme Court or
o (a) If he is adjudged an insolvent; or the state high court for the necessary
o (b) If he engages, during his term of office, directions, orders or writs.
in any paid employment outside the duties
of his office; or Q.14) Ans: D
o (c) If he is unfit to continue in office by
Exp:
reason of infirmity of mind or body; or
o (d) If he is of unsound mind and stands so ● Statement 1 incorrect: Both NHRC and SHRC
declared by a competent court; or are multi member bodies.
o (e) If he is convicted and sentenced to o The National Human Rights Commission is
imprisonment for an offense. a multi-member body consisting of a
chairman and 4 members. It is the
Q.13) Ans:C watchdog of human rights in the country.
It has limited role, powers and jurisdiction
Exp:
regarding the violation of human rights by
● Statement 1 is correct: The Commission is the members of the armed forces.
vested with the power to regulate its own o The State Human Rights Commission is a
procedure. It has all the powers of a civil court multi-member body consisting of a
and its proceedings have a judicial character. chairperson and two members.
It may call for information or report from the
state government or any other authority
subordinate thereto.
● The Commission is not empowered to inquire
into any matter after the expiry of one year
The chairperson should be a retired Chief
from the date on which the act constituting
Justice of a High Court and members
violation of human rights is alleged to have
should be a serving or retired judge of a
been committed. In other words, it can look
High Court or a District Judge in the state
into a matter within one year of its
with a minimum of seven years experience
occurrence.
as District Judge and a person having
 259

knowledge or practical experience with

respect to human rights. Compo • Under the • The Bill amends
● Statement 2 is incorrect: The functions of both sition Act, the this to provide
NHRC and SHRC are mainly recommendatory of chairperson of that a person who
in nature. It has no power to punish the NHRC: the has been Chief
violators of human rights, nor to award any NHRC is a Justice of the
relief including monetary relief to the victim. person who Supreme Court,
Notably, its recommendations are not binding has been a or a Judge of the
on the concerned government or authority. Chief Justice of Supreme Court
Q.15) Ans : B the Supreme will be the
Court. chairperson of
Exp : • The Act the NHRC.
● Statement 1 is incorrect: National Human provides for • The Bill amends
Right Commission is the watchdog of human two persons this to allow three
rights in the country, that is, the rights relating having members to be
to life, liberty, equality and dignity of the knowledge of appointed, of
individual guaranteed by the Constitution or human rights which at least one
embodied in the international covenants and to will be a woman.
enforceable by courts in India. It was be appointed • The Bill provides
established in 1993 under a legislation as members of for including the
enacted by the Parliament, namely, the the chairpersons of
Protection of Human Rights Act, 1993. The NHRC. the National
chairperson should be a retired chief justice of • Under the Commission for
India or a judge of the Supreme Court. Act, Backward Classes,
● Statement 2 is correct: The chairpersons of the chairpersons of the National
National Commission for Minorities, the various Commission for
National Commission for SCs, the National commissions the Protection of
Commission for STs, the National Commission such as the Child Rights, and
for Women, the National Commission for National the Chief
Protection of Child Rights and the Chief Commission Commissioner for
Commissioner for Persons with Disabilities are for Scheduled Persons with
ex officio member of the Human rights Castes, Disabilities as
commission. National members of the
Commission NHRC.
Extra Edge by PW Only IAS for
Amendments to the original Act of 1993: Scheduled
Provisio Original Act of Amended Act of 2019 Tribes, and
ns 1993 National
Commission
for Women are
members
of the NHRC.
 260

Chairpe • Under the • The Bill amends this

rson Act, the to provide that a Students Note
of chairperson of person who has
SHRC: a been Chief Justice or
SHRC is a Judge of a High Court
person who will be
has been a chairperson of a
Chief Justice of SHRC.
a High Court.

Term of • The Act • The Bill reduces the

office: states that the term of office to three
chairperson years or till
and members the age of seventy
of the NHRC years, whichever is
and SHRC will earlier.
hold office for • The Bill removes the
five years or till five-year limit for
the age of reappointment.
seventy years,
whichever is
earlier.
• Further, the
Act allows for
the
reappointment
of members of
the NHRC and
SHRCs for a
period of five
years.

Union The Bill provides that

Territor the central
ies: government may
confer on SHRC
human rights
functions being
discharged by Union
Territories. Functions
relating to human
rights in the case of
Delhi will be dealt
with by the NHRC.
 Central Bureau of Investigation, Central Vigilance Commission, Lokpal and
Lokayuktas, State Information Commission, Central Information Commission
appointed by the central government on the
Q.1) Ans: C recommendation of a three member committee.
Exp • Statement 2 is incorrect: The three member
• Statement 1 is incorrect: CBI was originally set committee that recommends appointment of
up by the resolution of Home Affairs. It now CBI director consist of:
enjoys the status of an attached office under the o Prime minister
Ministry of Personnel. o Leader of opposition in Lok Sabha

o Chief Justice of India or judge of Supreme

Court nominated by him
Q.4) Ans: B
Exp:
• Statement 1 is incorrect: After the the
Recommendation of Santhanam committee on
prevention of corruption CVC was established in
• Statement 2 is incorrect: The director of CBI has the year 1964 through a resolution of Central
been provided security of tenure by Central Government.
Vigilance Commission Act,2003. The Central
Government appoints the director of CBI for two
years on the recommendation of three member
committee
Q.2) Ans: A
Exp:
• Statement 1 is correct: K Santhanam committee
was appointed to give recommendations
• Statement 2 is correct: CVC is a multi-member
regarding anti corruption measures. It suggested
body consisting of a Central Vigilance
the establishment of a Central Vigilance
Commissioner (chairperson) and not more than
Commission to primarily investigate corruption
two vigilance commissioners. Thus the
matters in various government departments.
Maximum strength of CVC is restricted To three
• Statement 2 is incorrect: CBI was primarily set
• Statement 3 is incorrect: The members are
up to look after the cases of bribery, corruption
appointed by the President by warrant under his
and other acts of misconduct. It is the task of the
hand and seal on the recommendation of a
National Investigation Agency(NIA) to look after
three member committee consisting of the
cases related to terrorist activities.
prime minister as its head, the Union minister of
Q.3) Ans: A
home affairs and the Leader of the Opposition in
Exp:
the Lok Sabha.
• Statement 1 is correct: The President does not
Q.5) Ans:A
appoint a director of CBI. The director is
Exp:
• The members of CVC are appointed by the • Option A is incorrect : The President can be
president by warrant under his hand and seal on impeached on the ground of ‘violation of the
the recommendation of a three member Constitution’. However, the Constitution does
committee consisting of the prime minister as its not define the phrase ‘violation of the
head, the Union minister of home affairs and the Constitution’.
Leader of the Opposition in the Lok Sabha • Option B is correct : The impeachment charges
• Option 1 is correct: The Prime minister is the can be initiated by either House of Parliament.
head of the committee • Option C is correct : These charges should be
• Option 2 is correct: The committee also consists signed by one-fourth members of the House that
of the Union Minister of Home Affairs. framed the charges and a 14 days’ notice should
• Option 3 is incorrect: it it does not include be given to the President.
speaker of Lok Sabha as its member Q.8) Ans: A
• Option 4 is correct: The committee consists of
Exp:
the leader of opposition in Lok Sabha as its
member. • Statement 1 is incorrect: Article 114 provides
that “Subject to the provisions of articles 115
and 116, no money shall be withdrawn from the
Q.6) Ans: B Consolidated Fund of India except under
Exp: appropriation made by law passed in accordance
• Statement 1 is incorrect: The Post of Leader of with the provisions of this article.” However, the
Opposition is not an Indian innovation. The post Public Account of India is operated by executive
has been in existence for quite a long time. It was action and the payments from this account can
also present in the Central Legislative Assembly be made without Parliamentary appropriation.
of British India. • Statement 2 is correct: Rajya Sabha has no
• Statement 2 is incorrect: The Post does not power to vote on the demand for grants; it is the
enjoy Constitutional recognition. However, exclusive privilege of the Lok Sabha.
Salary and allowances of Leaders of Opposition • Statement 3 is incorrect: Rajya Sabha should
in Parliament Act, 1977 provided statutory return the Money Bill (or Finance Bill) to the Lok
recognition. Sabha within fourteen days. The Lok Sabha can
• Statement 3 is incorrect: There is no such either accept or reject the recommendations
restriction. The 1977 Act defines Leader of made by Rajya Sabha in this regard.
Opposition as the member of the House who is
the Leader of the party in opposition to the Q.9) Ans: A
government having greatest numerical strength
Exp:
and recognised as such by the
Chairman/Speaker. To claim the position of • Statement 1 is correct: Article 39A provides for
“official opposition” in either house of the free legal aid to the poor and weaker sections of
parliament, a party has to secure 55 seats (10%) the society and ensures justice for all. The
of the seats in Lok Sabha and 25 seats (10%) of National Legal Service Authority monitors and
the seats in Rajya Sabha (Mavlanker Rule). evaluates implementation of legal aid
Q.7) Ans: A programmes and lays down policies and

Exp:
 principles for making legal services available looks into the complaints made to it and decide
under the Act. the appeals. It entertains complaints and
appeals pertaining to offices, financial
institutions, public sector undertakings, etc.,
under the Central Government and the Union
Territories.

Q.11) Ans: B

Exp:

● Statement 1 is correct: Even much before the

• Statement 2 is incorrect: It does not have enactment of the Lokpal and Lokayuktas Act
Constitutional status, but has been given (2013) itself, many states had already set up the
statutory status under the Legal Services institution of Lokayuktas. It must be noted here
Authorities Act, 1987. that the institution of lokayukta was established
first in Maharashtra in 1971. Although Odisha
had passed the Act in this regard in 1970, it came
Q.10) Ans: B into force only in 1983.
Exp: ● Statement 2 is incorrect: The structure of the
lokayukta is not the same in all the states. Some
● Statement 1 is incorrect: The Central States like Rajasthan, Karnataka, Andhra
Information Commission was established by the Pradesh and Maharashtra have created the
Central Government in 2005. It was constituted lokayukta as well as upalokayukta, while some
through an Official Gazette Notification under others like Bihar, Uttar Pradesh and Himachal
the provisions of the Right to Information Act Pradesh have created only the lokayukta. There
(2005). Hence, it is not a constitutional body. are still other states like Punjab and Orissa that
The Commission can order an inquiry into any have designated officials as Lokpal. This pattern
matter if there are reasonable grounds (suo- was not suggested by the ARC in the states.
moto power). ● Statement 3 is incorrect: The lokayukta and
upalokayukta are appointed by the governor of
the state. While appointing, the governor in
most of the states consults (a) the chief justice of
the state high court, and (b) the leader of
Opposition in the state legislative assembly.

Q.12) Ans: C
● Statement 2 is correct: The Central Information Exp:
Commission is a high-powered is not a
constitutional body and is an independent • Statement 1 is correct: The Central Bureau of
body. The Commission consists of a Chief Investigation (CBI) was set up in 1963 by a
Information Commissioner and not more than resolution of the Ministry of Home Affairs. Later,
ten Information Commissioners which inter alia it was transferred to the ministry of personnel,
 public grievances and pensions and now it
enjoys the status of an attached office. The
Special Police Establishment, which looked into
vigilance cases, setup in 1941 was also merged
with the CBI.
• Statement 2 is correct:The CBI is the main
investigating agency of the Central Government.
It plays an important role in the prevention of
corruption and maintaining integrity in
administration. It also provides assistance to the
Central Vigilance Commission and Lokpal. The
CBI is not a statutory body. It derives its powers
from the Delhi Special Police Establishment Act,
1946.
• Statement 3 is correct: The establishment of the
CBI was recommended by the Santhanam
Committee on Prevention of Corruption (1962–
1964). The CBI is a multidisciplinary investigation
agency of the Government of India and
undertakes investigation of corruption related
cases, economic offenses and cases of
conventional crime. It normally confines its
activities in the anti-corruption field to offenses
committed by the employees of the Central
Government and Union Territories and their
public sector undertaking.