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Dec 2, 2013

Quiz-012-Indian Polity & Constitution for Civil Services (Prelim) Examination

Dec 2, 2013

1. The Chairman of Rajya Sabha in India is elected by the members of ___
1. Rajya Sabha
2. Lok Sabha
3. Members of legislative Assembly
Choose the correct option:
[A]Only 1
[B]1 & 2
[C]1, 2 & 3
[D]None of them

1 & 2
This question is asking about the Chairman of Rajya Sabha. The article 89. (1) says that Vice-President of India shall be ex officio Chairman of the Council of States. This means that we are being asked about the election of Vice President. Article 66. (1) say that The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. This means that both the houses of parliament play role in election of Vice President. Please note that Deputy chairman of Rajya Sabha is elected by the members of Rajya Sabha only.

2. The various Amendments of Citizenship Act in 1986 have resulted in the following:
1. Dual Citizenship
2. Voting right at the age of 18 yrs
3. Difficulty in acquiring citizenship by refugees of Sri Lanka, Bangladesh etc.
Which among the above is / are correct?"
[A]1 & 3
[B]2 & 3
[C]Only 3
[D]1, 2 & 3

Only 3
The first thing we have to note that constitution of India has provided for a single citizenship for the whole country. Despite of having concepts such as OCI and PIO , which have been merged now, there is NO Dual Citizenship in India. The persons who are in these categories cannot exercise voting rights. This means that we can eliminate option 1. The voting rights option can be eliminated because voting is our constitutional right and the age 18 years replaced the 21 years in article 326 by Constitution (Sixty-first Amendment) Act, 1988. The 3rd option is correct and shows the purpose of the act.

3. Consider the following statements about Constituent Assembly of India:
1. It was set up as a result of negotiations between the Indian Leaders and Cripps Mission
2. Its members were directly elected
3. It worked as India's parliament till the first election were carried out
Which among the above statements is/ are correct?
[A]Only 1
[B]Only 2 & 3
[C]Only 3
[D]None of them

Only 3
Constituent Assembly was set up as a result of negotiations between the leaders of Indian independence movement and members of the British Cabinet Mission. The constituent assembly was elected indirectly by the members of the Provincial legislative assembly, that existed under the British Raj. It first met on December 9, 1946 in Delhi. On August 15, 1947, India became an independent nation, and the Constituent Assembly also started functioning as India's Parliament.

4. The Directive Principles of State policy, though attractive, are not enforceable by law. But there is one among the given options, which has been so far
made enforceable by a Supreme Court fiat. Identify that DPSP from the given options:
[A]Uniform Civil Code
[B]Free Education till the children complete age of 6 years (provision after 86th amendment act)
[C]Equal pay for equal work
[D]Prohibition of intoxicating drinks and of drugs which are injurious to health

Equal pay for equal work
It is true that the DPSP are not enforceable by law, yet the Supreme Court has constantly endeavored to make the executive at least make some laws in that regard. The first option is incorrect, most of us can figure it out. The second stands provisional as the original constitution had 14 years of age, out of which 6-14 years has now become and RTE and 0-6 years is the DPSP. There is no law in India which follows option D. The only DPSP which has been enforced by a law is "Equal pay for equal work". The principle of equal pay for equal work for men and women embodied in Article 39(d) of the Constitution was first considered in Kishori Mohanlal Bakshi vs Union of India in 1962. The Supreme Court then said that it was not capable of being enforced in a court of law. However, the situation changed in 1982, when in Randhir Singh vs Union of India it was unequivocally ruled that the principle was not an abstract doctrine and could be enforced by reading into it the equality precepts enshrined in Articles 14 and 16. The court went so far as to say that even a daily wage employee who is performing duties similar to regular employees is entitled to the same pay. However, the Supreme Court took another turn by 1988 and veered round to the view that the principle cannot be enforced and it should remain only as a guiding star for the law makers and judiciary. For the same purpose there is an act "Equal Remuneration Act of 1976", but the act has been proved toothless so far.

5. Consider the following statements in context with Legislative procedures at Center:
1. A Money bill can be referred to a Joint Committee of the Houses
2. A motion for introduction of a Finance Bill or an Appropriation Bill in either house of Parliament
Which among the above statements is/ are correct?
[A]Only 1 is correct
[B]Only 2 is correct
[C]Both 1 & 2 are correct
[D]Both 1 & 2 are incorrect

Both 1 & 2 are incorrect
The motion for introduction of a Finance Bill or an Appropriation Bill is not opposed. A Money Bill cannot be introduced in Rajya Sabha nor can it be referred to a Joint Committee of the Houses. Thus both statements are incorrect.

6. The salary and allowances of Chief Justice of India and Other judges can be reduced only if approval comes from:
[A]President
[B]Parliament
[C]Supreme Court
[D]None of them

None of them
The salary of Supreme Court judges is charged on Consolidated Fund of India and it is a nonvotable charge. The salary can be reduced only if there is a state of financial emergency in the country. Some of you may ask, that the Financial emergency is declared by president then why option A is not correct. The reason is that President can declare a financial emergency under article 360 BUT it must be approved by parliament within 2 months.

7. The Constitution of India provides that Trade, Commerce and Intercourse throughout the territory of Union of India is free. However, despite this provision, a state in India can make law for imposing taxes on imports of goods from other states in India, provided the goods produced in other states are also taxes in that state in the same manner. Who decides whether the states can make such law or not?
[A]The State which is imposing law itself
[B]The States which have interests in the taxes to be imposed
[C]Parliament of India
[D]President of India

President of India
Constitution of India says that Trade, Commerce and Intercourse throughout the territory of Union of India is free, but this is subject to some other provisions of the same part. Article 301 says that parliament may impose restriction in some parts of the territory in the interest of general public. For example a famine struck state may lead the parliament to enact some discriminatory law also, if that discrimination is in favor of the public interests. The states, as per article 303 of the constitution are allowed to impose taxes on goods imported from the other states provided they goods produced in other states are also taxes in that state in the same manner. But who will decide, whether the states can enact such law or not? This is to be decided by the President. Thus, if we consider that Rajasthan wants to impose a tax on a good that is imported from Gujarat, the bill of such kind has necessarily get a sanction from President. President may hold his/ her sanction after looking in details that the said bill is in the public interest.

8. Consider the following observations about the provisions of Grant-in-aid in India:
1. The Article 275 of the Constitution of India provides that every state of India shall be allocated grants-in-aid
2. The allocation of grants-in-aid has to be uniformly distributed as per a ratio of the population / Income of the concerned state
3. The role of Finance Commission is to ensure that the grants-in-aid reaches every state as per the provisions of the Constitution of India
Which among the above statements is/ are correct?
[A]Only 1
[B]Only 1 & 2
[C]Only 2 & 3
[D]None of them

None of them
I framed this question to trap you somewhere. The first statement is incorrect because article 275 does not say that every state of India is to be assigned some grant in aid. The basic rule is to have a system of Grants-in-aid to the "needy states". The grants-in-aids are to be given out of the consolidated fund of India and the amount is fixed by the Finance Commission, using whatever formula it takes as a feasible formula. This means that some states can be kept out of grant-in-aids. Thus statement 2 is also incorrect, there is no need of uniform distribution. The statement 3 also mention that "grants-in-aid reaches every state as per the provisions of the Constitution of India" is incorrect.

9. Consider the following:
1.Chief Justice of India
2.Other Judges of Supreme Court
President may consult the Judges of the Supreme Courts for appointment of which among the above?
[A]Only 1
[B]Only 2
[C]Both 1 & 2
[D]Neither 1 nor 2

Both 1 & 2
President if thinks necessary, can consult the Judges of the High Courts of States to appoint a supreme court Judge, as per article 124(2).It says Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years.

10. Consider the following statements:
1. As per the Constitution of India, the First Finance Commission had to be created before end of 2 years from the commencement of Indian Constitution
2. Finance Commissions are established by the President at every 5 years interval
3. If the President wants, the interval of setting up of a Finance Commission can be reduced
Which among the above statements is/ are correct?
[A]Only 1
[B]1 & 2
[C]1, 2 & 3
[D]2 & 3

1, 2 & 3
First two statements are correct and based upon the article 280. If the President wants, the interval of setting up of a Finance Commission can be reduced and is the provision of article 280 which says: The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.

Part of Mock Test Series 2012 for Prelims GS

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