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[Solution]
Q.1) Consider the following statements.
1. The Preamble is a prohibition on the powers of the legislature.
2. Preamble is not a part of the constitution.
3. Preamble can be amended although it is a part of the basic structure of the constitution.
Which of the above statements is/are incorrect?
a) 1 & 2 only.
b) 2 & 3 only.
c) 1 & 3 only.
d) 1, 2 & 3.
Ans-[D]
Explanation–
In Keshavananda Bharti Case,
Supreme Court held that Preamble is a Part of constitution. And it can neither be the source of power nor the prohibition on power. Therefore, statement 1 and 2 is incorrect.
Regarding statement 3, first of all Preamble is not basic structure, rather it’s some provisions like equality, socialism, secularism are the part of basic structure. Also, basic structure can never be amended, so how can preamble be amended after being basic structure. So, statement 3 is also incorrect.
Q.2) Which of the following schedules can be amended by simple majority of Parliament.
1. Fifth Schedule.
2. Sixth Schedule
3. Seventh Schedule.
Select the correct answer using the codes given below.
a) 1 only.
b) 1 & 2 only.
c) 2 & 3 only.
d) 1, 2 & 3 only.
Ans-[B]
Explanation– This is the question of constitutional amendment under article 368.
Bills that are passed by Parliament by Simple Majority, Such Bills are not deemed as ‘Constitution Amendment Bills’ within the meaning of Article 368. These bills are passed by both Houses of Parliament by a simple majority of members present and voting. It consists of:
- Admission or establishment of new States, formation of new States, and alteration of areas, boundaries or names of existing States. Bills relating to such matters require the recommendation of the President for introduction.
- Creation or abolition of Legislative Councils in the States. Bills relating to such matters require the prior adoption of necessary resolution by the State Legislative Assembly concerned.
- Administration and control of Scheduled Areas and Scheduled Tribes.
- Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.
Seventh schedule amendment requires bills that have to be passed by Special Majority and also to be ratified by not less than one-half of the State Legislature
Q.3) In which of the following cases parliament can make laws in any matter enumerated in the state list.
1. During National Emergency.
2. During President’s Rule.
3. During financial emergency
Select the correct answer using the codes given below.
a) 1 only
b) 2 and 3 only
c) 1 and 2 only
d) 1,2 and 3
Ans-[C]
Explanation–During National emergency and President rule, President can ask the Parliament to make laws on state subjects. In case of National emergency whole polity system turns from federal to unitary.
Financial emergency is imposed under article 360. If the President is satisfied that there is an economic situation in which the financial stability or credit of India is threatened, he or she can declare financial emergency. Such an emergency must be approved by the Parliament within two months. It has never been declared. Such a situation had arisen but was avoided by putting the gold assets of India as collateral for foreign credit.
In case of a financial emergency, the President can reduce the salaries of all government officials, including judges of the Supreme Court and High Courts. All money bills passed by the State legislatures are submitted to the President for his approval. He can direct the state to observe certain principles relating to financial matters; but fundamental rights cannot be suspended.
Q.4) Which of the following expenditure is charged on the consolidated fund of India.
1. Emoluments and salaries of the PM
2. Pension of the chairman of UPSC
3. Debt charges for which Govt of India is liable.
Select the correct answer using the codes given below.
a) 2 and 3 only
b) 1 and 2 only
c) 1,2 and 3
d) None of the above
Ans-[A]
Explanation– This is the question related with the article 112 of the Indian constitution. It’s clause 3 defines the expenditure charged on the consolidated fund of India. It says
Article 112(3): The following expenditure shall be expenditure charged on the Consolidated Fund of India
(a) the emoluments and allowances of the President and other expenditure relating to his office;
(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;
(c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;
(d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court,
(ii) the pensions payable to or in respect of Judges of the Federal Court,
(iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercises jurisdiction in relation to any area included in a Governor’s Province of the Dominion of India;
(e) the salary, allowances and pension payable to or in respect of the Comptroller and Auditor General of India;
(f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(g) any other expenditure declared by this Constitution or by Parliament by law to be so charged
Also, the expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the consolidated Fund of India or consolidated fund of state.
According to Article 75 of the Constitution of India, the salary of the Prime Minister is decided by the Parliament and revised from time to time.
Q.5) The 15 member Council of India was setup under which act?
a) Pitt’s India act
b) Indian Councils Act, 1892
c) Government of India Act,1858.
d) Mont-ford act of 1919
Ans-[C]
Explanation– It was the GoI act of 1858 that made the 15 member executive council to assist secretary of India. You can read about in chapter 1 of Indian Polity by Laxmikanth.
Q.6) Which of the following can be audited by CAG?
1. Consolidated funds of India and States.
2. Consolidated fund sof UTs having legislative assembly
3. Contingency funds of India.
4. Local bodies funds
Select the correct answer using the codes given below.
a) 1 and 2 only
b) 1, 2 and 4 only
c) 1, 3 and 4 only
d) All of the above
Ans-[D]
Explanation-Article 148 talks about establishment of CAG. It says there shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on like grounds as a Judge of the Supreme Court.
As per the various provisions, the duties of the CAG include the audit of:
1. Receipts and expenditure from the Consolidated Fund of India and of the State and Union Territory having legislative assembly;
2.Trading, manufacturing, profit and loss accounts and balance sheets, and other subsidiary accounts kept in any Government department;
3.Accounts of stores and stock kept in Government offices or departments; 4.Government companies as per the provisions of the Companies Act, 1956; 5.Corporations established by or under laws made by Parliament in accordance with the provisions of the respective legislation;
6.Authorities and bodies substantially financed from the Consolidated Funds of the Union and State Governments;
7.Anybody or authority even though not substantially financed from the Consolidated Fund, the audit of which may be entrusted to the C&AG;
8.Grants and loans given by Government to bodies and authorities for specific purposes; and
9.Entrusted audits e.g. those of Panchayati Raj Institutions and Urban Local Bodies under Technical Guidance & Support (TGS).
Q.7) Which of the following statements is/are correct?
a) President can only declare the area as disturbed under AFSPA.
b) Governor can only declare the areas as disturbed under AFSPA.
c) Army declare the area as disturbed under AFSPA.
d) Union cabinet can only declare area as disturbed under AFSPA.
Ans-[B]
Explanation-The Armed Forces (Special Powers) Act was enacted in 1958 to bring under control what the government of India considered ‘disturbed’ areas. Section (3) of the AFSPA Act empowers the governor of the state or Union territory to issue an official notification on The Gazette of India on their own discretion, and without informing the elected political representatives, by notification in the official Gazette, declare the whole or part of the state or union territory to be a disturbed area following which the centre has the authority to send in armed forces for civilian aid. The state governments, can suggest whether the Act is required to be enforced or not. But under Section (3) of the Act, their opinion can still be overruled by the governor or the centre. Section 3 of AFSPA reads as:
“Power to declare areas to be disturbed areas.—If, in relation to any State or Union territory to which this Act extends, the Governor of that State or the Administrator of that Union territory or the Central Government, in either case, if of the opinion that the whole or any part of such State or Union territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union territory or the Central Government, as the case may be, may, by notification in the Official Gazette, declare the whole or such part of such State or Union territory to be a disturbed area”
Q.8) Consider the following statements:
1. President can nominate 2 members from the Anglo – Indian community if not adequately represented in Lok Sabha.
2. Governor can nominate 2 members from the Anglo – Indian community if not adequately represented in Legislative assembly.
Which of the above statement(s) is/are incorrect.
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Ans-[B]
Explanation– Statement 1 is right and 2 is wrong. The Twenty-third Amendment of the Constitution of India, stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Prior to the amendment, the number of Anglo-Indians who could be nominated to the State Legislative Assemblies, was left to the discretion of the Governor of the State.
Q.9) Which of the following is centralizing feature of centre-state relations.
1. Single Integrated Judiciary
2. All India services
3. Emergency provision
4. Bicameral legislature
Select the correct answer using the codes given below.
a) 1, 2 and 3 only
b) 2 and 3 only
c) 3 and 4 only
d) 1, 2, 3 and 4
Ans-[A]
Explanation– The Constitution contains a number of unitary features:
(1) The creation of a very strong centre
(2) The absence of separate constitutions for the states
(3) The right of Parliament to amend major portions of the constitution by itself
(4) A single citizenship for all
(5) Unequal representation to the states in the Rajya Sabha
(6) The right of Parliament to change the name, territory or boundary of states without their consent
(7) The presence of All- India Services which hold key positions in the Centre as well as the States
appointment of the Governor by the President
(8) The granting of extensive powers to the President to deal with various kinds of emergencies
(9) The right of Parliament to legislate on state subjects on the recommendation of the Rajya Sabha
(10) The presence of a single integrated judiciary with the Supreme Court of India at the apex
(11) The residuary powers under the Indian Constitution are assigned to the Union and not to the States.
(12) The exclusive right of Parliament to propose amendments to the Constitution.
Q.10) Consider the following statements regarding governor.
1. He appoints and removes state public service commission members
2. He works as Chancellor of the universities in the state
3. He put forward CAG report pertaining to the state in the state legislature
4. Chief minister holds office during his pleasure
Which of the above statements is/are correct?
a) 1 and 2 only
b) 3 and 4 only
c) 2, 3 and 4 only
d) All of the above
Ans-[C]
Explanation– Though appointment of state public service commission members is done by the governor, their removal is done only by President. Grounds of removal are same as grounds of removal of chairman and members of the UPSC. Rest all are correct.
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