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Union legisture/executive
Polity · 10 Questions
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Question 1
Consider the following statements regarding the Basic Structure doctrine:
- The term 'Basic Structure' is explicitly defined under Article 368 of the Constitution.
- The Power of Judicial Review is considered a part of the Basic Structure.
- It was first propounded in the Kesavananda Bharati case (1973).
How many of the above statements are correct?
- A Only one
- B Only two
- C All three
- D None
✓ Correct Answer: Option B
Explanation:
Statement 1 is Incorrect: The Constitution does not define or even mention "Basic Structure." It is a judicial innovation.
Statement 2 is Correct: In cases like Minerva Mills, the SC confirmed Judicial Review is an iron-clad part of the Basic Structure.
Statement 3 is Correct: The 13-judge bench in Kesavananda Bharati (1973) introduced this concept to limit the Parliament's amending power under Article 368.
Statement 1 is Incorrect: The Constitution does not define or even mention "Basic Structure." It is a judicial innovation.
Statement 2 is Correct: In cases like Minerva Mills, the SC confirmed Judicial Review is an iron-clad part of the Basic Structure.
Statement 3 is Correct: The 13-judge bench in Kesavananda Bharati (1973) introduced this concept to limit the Parliament's amending power under Article 368.
Question 2
With reference to the Fundamental Duties (FDs), consider the following statements:
- They were added to the Constitution by the 44th Constitutional Amendment Act.
- The FDs are applicable to both citizens and foreigners residing in India.
- The Parliament can enforce them through suitable legislation.
How many of the above statements are correct?
- A Only one
- B Only two
- C All three
- D None
✓ Correct Answer: Option A
Explanation:
Statement 1 is Incorrect: FDs were added by the 42nd Amendment Act (1976), not the 44th. The 44th mostly undone changes made during the Emergency.
Statement 2 is Incorrect: Unlike some Fundamental Rights, FDs are confined only to citizens and do not extend to foreigners.
Statement 3 is Correct: While FDs are non-justiciable, the Parliament can (and has) enacted laws like the Prevention of Insults to National Honour Act to enforce them.
Statement 1 is Incorrect: FDs were added by the 42nd Amendment Act (1976), not the 44th. The 44th mostly undone changes made during the Emergency.
Statement 2 is Incorrect: Unlike some Fundamental Rights, FDs are confined only to citizens and do not extend to foreigners.
Statement 3 is Correct: While FDs are non-justiciable, the Parliament can (and has) enacted laws like the Prevention of Insults to National Honour Act to enforce them.
Question 3
Regarding Directive Principles of State Policy (DPSP), consider the following statements:
- They are fundamental in the governance of the country.
- They aim at establishing social and economic democracy in the country.
- In case of conflict, DPSP always prevail over Fundamental Rights.
How many of the above statements are correct?
- A Only one
- B Only two
- C All three
- D None
✓ Correct Answer: Option B
Explanation:
Statement 1 is Correct: Article 37 explicitly states they are fundamental in the governance of the country.
Statement 2 is Correct: While FRs aim at Political Democracy, DPSPs aim at Social and Economic Democracy.
Statement 3 is Incorrect: In the Minerva Mills case, the SC ruled that the Constitution exists on the "harmony and balance" between FRs and DPSPs. Generally, FRs have legal primacy.
Statement 1 is Correct: Article 37 explicitly states they are fundamental in the governance of the country.
Statement 2 is Correct: While FRs aim at Political Democracy, DPSPs aim at Social and Economic Democracy.
Statement 3 is Incorrect: In the Minerva Mills case, the SC ruled that the Constitution exists on the "harmony and balance" between FRs and DPSPs. Generally, FRs have legal primacy.
Question 4
Consider the following statements about Constitutional Amendments:
- A bill to amend the Constitution can be introduced in either House of Parliament or State Legislatures.
- The President must give his assent to a Constitutional Amendment Bill.
- Amendment of the federal provisions requires ratification by all the states of India.
How many of the above statements are correct?
- A Only one
- B Only two
- C All three
- D None
✓ Correct Answer: Option A
Explanation:
Statement 1 is Incorrect: Only the Parliament can initiate a Constitutional Amendment. State Legislatures have no power to propose such bills.
Statement 2 is Correct: Per the 24th Amendment Act (1971), the President must give assent; he can neither withhold it nor return the bill.
Statement 3 is Incorrect: Federal provisions require ratification by only half of the states, not all of them.
Statement 1 is Incorrect: Only the Parliament can initiate a Constitutional Amendment. State Legislatures have no power to propose such bills.
Statement 2 is Correct: Per the 24th Amendment Act (1971), the President must give assent; he can neither withhold it nor return the bill.
Statement 3 is Incorrect: Federal provisions require ratification by only half of the states, not all of them.
Question 5
With reference to the President of India, consider the following statements:
- All executive actions of the Government of India are formally taken in his name.
- He can dissolve the Lok Sabha only on the written recommendation of the Union Cabinet.
- He has the power to grant pardon in all cases where the punishment is by a Court Martial. How many of the above statements are correct?
- A Only one
- B Only two
- C All Three
- D None
✓ Correct Answer: Option B
Explanation:
Statement 1 is Correct: Under Article 77, all executive actions are formally expressed to be taken in his name.
Statement 2 is Incorrect: While he dissolves the Lok Sabha on Cabinet advice, the "written" requirement is a specific 44th Amendment rule for Article 352 (National Emergency), not a general rule for dissolution.
Statement 3 is Correct: Article 72 gives the President the power to pardon death sentences and sentences by Court Martial (unlike the Governor).
Statement 1 is Correct: Under Article 77, all executive actions are formally expressed to be taken in his name.
Statement 2 is Incorrect: While he dissolves the Lok Sabha on Cabinet advice, the "written" requirement is a specific 44th Amendment rule for Article 352 (National Emergency), not a general rule for dissolution.
Statement 3 is Correct: Article 72 gives the President the power to pardon death sentences and sentences by Court Martial (unlike the Governor).
Question 6
Regarding the Prime Minister of India, consider the following statements:
- The Constitution requires that the PM must be a member of the Lok Sabha.
- He advises the President with regard to the appointment of the Attorney General of India.
- The resignation of the PM automatically leads to the dissolution of the Council of Ministers.
How many of the above statements are correct?
- A Only one
- B Only two
- C All three
- D None
✓ Correct Answer: Option B
Explanation:
Statement 1 is Incorrect: The PM can be a member of either House. For example, Indira Gandhi and Manmohan Singh were Rajya Sabha members while serving as PM.
Statement 2 is Correct: The PM heads the Cabinet that advises the President on all major constitutional appointments.
Statement 3 is Correct: Since the PM is the "keystone of the cabinet arch," his death or resignation dissolves the entire council automatically.
Statement 1 is Incorrect: The PM can be a member of either House. For example, Indira Gandhi and Manmohan Singh were Rajya Sabha members while serving as PM.
Statement 2 is Correct: The PM heads the Cabinet that advises the President on all major constitutional appointments.
Statement 3 is Correct: Since the PM is the "keystone of the cabinet arch," his death or resignation dissolves the entire council automatically.
Question 7
Consider the following statements regarding the Supreme Court of India:
- The advice tendered by the Supreme Court under its Advisory Jurisdiction is binding on the President.
- The Supreme Court has the power to review its own judgments.
- Only the Chief Justice of India can initiate a 'Suo Motu' case.
How many of the above statements are correct?
- A Only one
- B Only two
- C All three
- D None
✓ Correct Answer: Option A
Explanation:
Statement 1 is Incorrect: Advisory opinions under Article 143 are not binding. The President is free to follow or ignore the advice.
Statement 2 is Correct: Under Article 137, the SC has the power to review any judgment to correct "patent errors."
Statement 3 is Incorrect: While the CJI often leads, any bench of the Supreme Court or High Court can take Suo Motu cognizance of an issue.
Statement 1 is Incorrect: Advisory opinions under Article 143 are not binding. The President is free to follow or ignore the advice.
Statement 2 is Correct: Under Article 137, the SC has the power to review any judgment to correct "patent errors."
Statement 3 is Incorrect: While the CJI often leads, any bench of the Supreme Court or High Court can take Suo Motu cognizance of an issue.
Question 8
- With reference to the Lokpal and Lokayukta Act, consider the following statements:
- The Lokpal has the power to investigate the Prime Minister, with certain subject-matter exceptions.
- A Lokpal member must have a minimum age of 45 years.
- It is mandatory for every state to establish the office of Lokayukta within one year of the Act's commencement.
How many of the above statements are correct?
- A Only one
- B Only two
- C All three
- D None
✓ Correct Answer: Option C
Explanation:
Statement 1 is Correct: The PM is within the Lokpal's jurisdiction, though investigations regarding international relations, external security, and public order require a full bench and a 2/3rd majority.
Statement 2 is Correct: The Act stipulates a minimum age of 45 for the Chairperson and members.
Statement 3 is Correct: The Act mandated states to set up Lokayuktas within one year, though many states were slow to comply.
Statement 1 is Correct: The PM is within the Lokpal's jurisdiction, though investigations regarding international relations, external security, and public order require a full bench and a 2/3rd majority.
Statement 2 is Correct: The Act stipulates a minimum age of 45 for the Chairperson and members.
Statement 3 is Correct: The Act mandated states to set up Lokayuktas within one year, though many states were slow to comply.
Question 9
Regarding the Parliament's control over Public Finance, consider the following statements:
- No tax can be levied or collected except by authority of law.
- The 'Guillotine' is a tool used to pass the remaining demands for grants without discussion.
- The Appropriation Bill must be passed before the Government can withdraw money from the Consolidated Fund.
How many of the above statements are correct?
- A Only one
- B Two only
- C All three
- D None
✓ Correct Answer: Option C
Explanation:
Statement 1 is Correct: This is the principle of "No taxation without representation" (Article 265).
Statement 2 is Correct: In the last days of the budget session, the Speaker puts all remaining demands to vote together to save time. This is the Guillotine.
Statement 3 is Correct: The Government cannot touch the Consolidated Fund of India until the Appropriation Bill is enacted.
Statement 1 is Correct: This is the principle of "No taxation without representation" (Article 265).
Statement 2 is Correct: In the last days of the budget session, the Speaker puts all remaining demands to vote together to save time. This is the Guillotine.
Statement 3 is Correct: The Government cannot touch the Consolidated Fund of India until the Appropriation Bill is enacted.
Question 10
Consider the following statements regarding Alternate Dispute Redressal (ADR) mechanisms:
- Decisions of a Lok Adalat are deemed to be a decree of a civil court.
- There is no provision for appeal against the award of a Lok Adalat.
- Gram Nyayalayas are bound by the rules of evidence provided in the Indian Evidence Act, 1872.
How many of the above statements are correct?
- A Only one
- B Only two
- C All three
- D None
✓ Correct Answer: Option B
Explanation:
Statement 1 is Correct: A Lok Adalat award has the same legal status as a Civil Court decree.
Statement 2 is Correct: To ensure speedy justice, no appeal lies against a Lok Adalat award. Parties can, however, initiate fresh litigation in a regular court.
Statement 3 is Incorrect: Gram Nyayalayas are guided by the principles of natural justice and are not strictly bound by the complex procedures of the Indian Evidence Act.
Statement 1 is Correct: A Lok Adalat award has the same legal status as a Civil Court decree.
Statement 2 is Correct: To ensure speedy justice, no appeal lies against a Lok Adalat award. Parties can, however, initiate fresh litigation in a regular court.
Statement 3 is Incorrect: Gram Nyayalayas are guided by the principles of natural justice and are not strictly bound by the complex procedures of the Indian Evidence Act.
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