Good morning everyone,
How is your preparation going for UPSC IAS Prelims Examination 2016? Hope you are preparing on the right track. Now these are the solution set of Monday Polity Quiz #10. Cross check your answer with our answer key and explanations. And write down your correct and incorrect in comment section. This will help you to compare your performance with others.
[Solutions]
Q.1) Consider the following statements regarding Anti-Defection Law.
1. Decision of presiding officer of the house in case of defection is final.
2. Presiding officer acts as a tribunal in deciding defection case.
Which of the above statements is/are correct?
a)1 only
b)2 only
c)Both 1 and 2
d)Neither 1 nor 2
Ans-[B]
Explanation– Any question regarding the disqualification arising out of defection is to be decided by the presiding officer of the house. Earlier originally in the act it was the final authority and cannot be questioned in the house. But it was declared in the Kihoto Hollohan case that decision of the presiding officer of the house is not final. It acts as a tribunal while deciding the case, therefore its decision is subject to judicial review on the grounds of mala fides, perversity etc.
Q.2) Good governance day is celebrated on
a) 26th May
b) 25th December
c)31st October
d)14th April
Ans-[B]
Explanation– Good Governance Day is a day of national importance in India observed annually on the twenty-fifth day of December, it is the birth anniversary of former-Prime Minister Atal Bihari Vajpayee.
Q.3) Which of the following can be considered as threat to Indian Parliamentary democracy?
1. Delegated legislation
2. Legislation by Ordinances
3. Lack of Quorum at times
4. Amendments of the constitution
5. Setback in parliamentary ethics
Select the correct answer using the codes given below.
a) 2, 3 and 5 only
b) 1, 4 and 5 only
c) 1, 2, 3 and 5 only
d) 3 and 5 only
Ans-[C]
Explanation– 5th point is obvious. Amendment to the constitution is not behind decline of Indian Parliament. Amendments are brought to suit the needs of the changing politico-economic environment.
Frequent ordinances by the government by bypassing the legislative process is one of the main reason behind this. Low attendance in the Parliament is the cause of concern, however still lack of quorum is not a major reason. Delegated legislation refers to those laws made by persons or bodies to whom parliament has delegated lawmaking authority. This like ordinances bypass the legislative process.
Q.4) In case of Union territories, presiding officer of the election booths are made by:
a) District election officer
b) Chief electoral office
c) Election registration officer
d) Returning officer
Ans-[D]
Explanation– Presiding officer with the assistance of polling officers conducts polls at a polling station. The District election officer appoints the the presiding officers and the polling officers however, in case of UTs, such appointments are made by the returning officers.
Q.5) Consider the following statements.
1. Delimitation commission verdict is subject to Judicial review.
2. Provision with respect to matters relating to election to Parliament/state legislature is made by the election commission of India only.
Which of the above statements is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Ans-[D]
Explanation– Constitution declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies can not be questioned in any court. Consequently, orders issued by delimitation commission become final and can not be challenged in any court.
Provision with respect to all matters relating to the elections to the Parliament/state legislature including the preparation of electoral rolls can be made by Parliament/state legislature. Hence statement 2 is wrong.
Q.6) Right to vote is a
a) Fundamental right
b) Statutory right
c) Constitutional right
d) None of the above
Ans – [B]
Explanation – Right to vote is a statutory right. This question was dealt exhaustively in PUCL vs UoI. It was decided by the supreme court in this judgement. This website summarizes the major points of the verdict.
Q.7) Consider the following statements.
1. Presiding officer can take the suo moto cognizance of the defection.
2. Defection has an immediate and automatic defect.
Which of the above statement is/are incorrect?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Ans – [C]
Explanation-Presiding officer of a house is empowered to make rules to give effect to the provisions of the tenth schedule. All such rules must be placed before the House for 30 days. The house may approve or disapprove them. Further, he may direct that any willful contravention by any member of such rules may be dealt with in the same manner as a breach of privilege of the house. According to the rules made, the presiding officer can take up the defection case only when he receives a complaint from a member of the house. Before taking final decision, he must give the member against whom the complaint has been made a chance to submit his explanation. He may also refer the matter to the committee of privileges for inquiry. Hence, defection has no immediate and automatic effect.
Q.8) Consider the following statements.
1. Defection law is applicable outside the legislature too.
2. Defection law is against the fundamental right of the MP/MLA.
Which of the above statements is/are correct?
a)1 only
b)2 only
c)Both 1 and 2
d)Neither 1 nor 2
Ans-[B]
Explanation-Criticism of the defection law is made on the grounds that it does not provide for the expulsion of the member from his party for his activities outside the legislature. It is applicable on member when (a) he voluntarily gives the membership of the party or (b) when he votes or abstain from voting in such house contrary to the direction issued by the political party without obtaining prior permission and such act has not been condoned by party within 15 days.
Q.9) Consider the following statements.
1. Article 323B empowers legislature for adjudicating election disputes via establishing tribunals.
2. There exists such tribunal already in capital under this provision and its appeal lie to Delhi High court.
Which of the above statements is/are not correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Ans – [B]
Explanation – Statement 1 is right. However, no such tribunal has yet been established anywhere to adjudicate dispute. If such any tribunal is established , its first appeal will lie to High courts.
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