Polity Quiz Q&A

Q.1) The Constitution of India was enacted by a Constituent Assembly set up:
a) Under the Indian Independence Act, 1947
b) Under the Cabinet Mission Plan
c) Through a resolution of the provisional government
d) By Wavell Plan

Ans-b

Explanation:  Constituent assembly is the body of the representatives which drafts the constitution. It was set up in November 1946 under cabinet mission plan.

Learning: Time line of the constituent assembly:

1934– Idea put forward first time by MN Roy

1935– INC officially demanded it

1938– Jawahar lal Nehru declared that constituent assembly must be made to draft the constitution of free India without outside interference and such assembly be elected on adult franchise.

1940– British Govt officially accepted demand and made ‘August offer’

1942– Crippis proposal for framing of the constitution. Muslim League rejected it and insisted on the partition.

1946– Cabinet mission plan put forward a scheme for constituent assembly which more or less satisfied Muslim league.

Cabinet Mission plan  also proposed a Union of India which was to be empowered to deal with the defense, foreign affairs and communications, recommended undivided India, turned down league’s demand of partition, recognized Indian right to cede from commonwealth, and proposed a weak centre.
Wavell Plan came in June 1945 after end of WW2. It provided for a new executive council at the centre in which all members will be Indians except Viceroy and commander in chief. All portfolios were to be given to Indians except defense. Representation of  ‘highcatehindus’, ‘low caste hindus’, Muslims, Sikhs were to be done on it. It was a failure. It did not had any guarantee of Independence nor it mentioned anything about constituent assembly. Congress and League both rejected on the ground of nomination.

Indian Independence act was based on 3rd june Mountbatten plan which ended the British rule in India making it independent and sovereign state and declared partition of it. It empowered the constituent assembly to frame and adopt any constitution they like. It abolished office of secretary of state, office of viceroy, discontinued appointment to civil services and reservation of posts by secretary of state, designated governor general of India and provisional governors of states as nominal heads of states, ended Britshi paramountcy over princely states and granted them freedom to join either of two dominion or remain independent.

Q.2) Which of the following statements regarding the Constituent Assembly are true?1. It was not based on Adult Franchise.
2. It resulted from direct elections.
3. It was a multi Party body.
4. It worked through several committees.

Select the correct answer using the codes given below:
a) 1 and 2 only
b) 2 and 3 only
c) 3 and 4 only
d) 1, 2, 3 and 4

Ans-c

Explanation–Constitutent assembly was based on a limited adult franchise. GoI act of 1935 granted this limited franchise on basis of tax, property and education.  Assembly was indirectly elected and nominated body. Total strength of it was 389; 296(292 of 11 governor provinces and 4 from chief commissioner provinces) seats were given to British India and 93 seats to Princely states. Congress got 208 seats, Muslim league got 73 and 15 Independents won.

For drafting the constitution, various number of major and minor committes were formed.

Q.3) Which of the following provisions of the Constitution came into force from November, 1949?
1. Provisions relating to citizenship.
2. Provisions relating to elections.
3. Provisions related to provisional parliament.
4. Fundamental Rights

Select the correct answer using the codes given below:
a) 1 and 2 only
b) 1, 2 and 4 only
c) 1, 2 and 3 only
d) None of the above

Ans-c

Explanation- Provisions of citizenship+election+Provisional parliament+temporary and transition provisions got activated immediately after commencement of constitution in November 1949. Along with these some imp articles wrt them are:

5,6,7,8,9- Dealing with citizenship

60- Oath/affirmation by the president

324- Supritendence, direction and control of elections by ECI

366,367,379,380,388,391,392 and 393.

Fundamental rights got activated on 26 January 1950 when constitution was formally adopted.

Q.4) The nationalist demand for a constituent assembly was for the first time conceded by the British Government, though indirectly and with reservations in the:a) Cripps Proposal
b) August Offer
c) Cabinet Mission Plan
d) Act of 1935

Ans-b

Explanation Under Lord Linlithglow came the August offer in 1940 which declared following things:

• Expansion of an executive council
• Establishment of an advisory war council
• Weight to Minority opinions
• Recognition of Indian rights to frame their own constitution after war- This in principle accepted the demand of constituent assembly. Timeline upto this has already been shared in first questions.

Cripps Proposal was made to fulfil the demand of self government of Indians. It proposed that India shall be dominion of UK. First time it recognized right of Indians to have ‘dominion status’ and talked about giving them liberty to frame constitution. It was rejected by congress and Muslim League together.

GoI act of 1935 was made after round table conferences were over and discussion on Simon commission reports were exhaustively done. This act is very important with respect to constitution of India today. Structural part of it is made from this act only. This provided for establishment of an All India federation of provinces and princely states, abolished diarchy in states and introduced provincial autonomy, introduced bicameralism in 6 provinces, extended communal representation by providing separate electorates for depressed classes women and labours, abolished council of India, extended franchise to 10% of population, established public service sommision, RBI, and federal court.

Q.5) The constitution provides that Hindi shall be:
a) the National language of India
b) the language of communication between the State Governments
c) the official language of the Union of Indiad) the language of communication between the Union Government and the State Governments

Ans- c

Explanation– Article 343 states that official language of the union shall be Hindi in Devanagiri script. Upto 15 years of commencement of constitution, English was the official language.

Hindi is not our national language.

http://www.thehindu.com/news/national/hindi-not-a-national-language-court/article94695.ece

The language in which communications between different states, or from the union government to a state or a person in a state, shall be sent is regulated by the Official Languages Act and, for states other than Tamil Nadu, by the Official Languages Rules. If two states whose official languages are Hindi only , they can communicate in Hindi whereas in case if one states has Hindi and other state has different language than they are required to communicate in English.

Q.6) Freedom of speech and expression are restricted in the Constitution on grounds of
1. Defamation
2. Contempt of court
3. Protecting a scheduled tribe
4. Friendly relations with foreign states

Select the correct answer using the codes given below:
a) 1, 2 and 3 only
b) 2, 3 and 4 only
c) 1 and 4 only
d) 1, 2 and 4 only

Ans-d

Explanation-Article 19 to 22 gurantees right to freedom. Article 19 talks about Protection of certain rights regarding freedom of speech etc. Under it

Clause 1. All citizens shall have the right of:

1. freedom of speech and expression
2. to assemble peaceably and without arms;
3. to form associations or unions;
4. to move freely throughout the territory of India;
5. to reside and settle in any part of the territory of India; and
6. to practise any profession, or to carry on any occupation, trade or business

Clause 2 talks about restrictions on these rights for

1. security of the State,
2. friendly relations with foreign States,

III. public order,

1. decency and morality,
2. contempt of court,
3. defamation,

VII. incitement to an offence, and

VIII. sovereignty and integrity of India.

Q.7) Separation of the Judiciary from the executive is enjoined by:
a) Preamble
b) Directive Principle
c) Seventh Schedule
d) Judicial Decision

Ans-b

Explanation Article 50 of the Indian constitution talks that the State shall take steps to separate the judiciary from the executive in the public services of the State. It is one of the liberal intellectual principle.

Preamble is the source of authority of constitution, defines nature of Indian state and specifies objectives of the constitution.

Seventh schedule defines distribution of powers between Union and states.

Q.8) Provisions of the constitution relating to the administration of scheduled areas and tribes in Schedule V:a) May be altered by the Governor
b) May be altered by Parliament by amendment requiring two-third majority
c) Cannot be altered
d) May be altered by Parliament by ordinary legislation

Ans- d

Explanation – It is given in Laxmikanth 4th edition, chapter 10, Constitution amendment under heading amendment requiring simple majority, point 17. Governor can only play with regulations passed by the parliament or govt.

Q.9) While a proclamation of emergency is in operation in the country, the state government:
a) Cannot legislate
b) Can legislate only on subjects in the Concurrent List
c) Can legislate on the subject in the state list
d) is suspended.

Ans-c

Explanation– After proclamation of the emergency under article 352 federal structure of the polity changes into unitary and centre can legislate on any matter of the state lists. These laws made on state subjects become inoperative after 6 months of the cease of emergency. It is to be noted that state legislatures are not suspended but rather normal distribution of legislative powers get suspended in emergency and become subject to overriding powers of the parliament. 

Q.10) Which of the following regarding the election of the President is correct?a) A candidate securing the majority of votes is not automatically elected
b) The supreme court has no jurisdiction in any doubt or dispute arising in connection with the election of the President
c) The Presidential election cannot take place when one or more State Assemblies stand dissolved because all the State Assemblies form part of the Electoral College
d) The total value of the votes allotted to both Houses of Parliament is much more than the total value of the votes of all the states taken together

Ans-a

Explanation – President election is by proportional representation by single transferrable voting system. This ensures that successful candidate gets returned by absolute majority of the vote. A fixed quota has to be scored in election by the candidate. It is called electoral quota. It is obtained by dividing the total number of valid votes polled by the number of candidates to be elected plus one and adding one to the quotient. Page 17.4 of Laxmikanth describes this procedure in detail. SC entertains the dispute in the election of the president.

Constitution ensures that uniformity in the scale of representation is shown in the election of different states and union.

Q.11) Consider the following statements:
1. The mode of removal of a Judge of a High Court in India is same as that of removal of a Judge of the Supreme Court.
2. After retirement from the office, a permanent Judge of High Court cannot plead or act in any court or before any authority in India.

Select the correct statement using the codes given below:
a) 1 only
b) 2 only
c) Both 1 and 2
D) None of the above

Ans- a

Explanation–  Removal of HC judge via procedure of the impeachment is same as that of SC judge. You can read about this process in chapter 30 of  Indian Polity, Laxmikanth, page 30.2, 4thedition.Statement 1 is thus correct.

Statement 2 is wrong as retired permanent judge of HC are prohibited from pleading or acting in any court or before any authority in India except the SC and  other HCs. This ensure that they do not favour any one in the hope of favour. Statement 2 is wrong.

Therefore option a.

——————————————————————————–

Q.12) The president can directly disallow a state legislation:
1. in case of any bill
2. in case of bills reserved by the Governor for President’s assent
3. in case of money bill

Select the correct answer using the codes given below:
a) 2 only
b) 3 only
d) 2 and 3 only
d) 1, 2 and 3

Ans-a

Explanation- Governor can withhold the bill, passed by the state legislature, for consideration of the president if it is of the following nature:

1. Ultra vires
2. Opposed to the directive principles of the state policy
3. Against the larger interest of the country
4. Of grave national importance
5. Dealing with the compulsory acquisition of the property under Article 31A of constitution.

In one case such reservation is compulsory that is, where the bill passed by the state legislature endangers the position of the HC.

President can :

1. Give his assent to the bill or,
2. Withhold his assent to the bill or,
3. Direct the governor to return the bill if it is not a money bill for consideration of the state legislature. It should be noted that here it is not compulsory for the president to give his assent even if the bill is passed again by the legislature and sent to him again for consideration.

——————————————————————-

Q.13) With reference to states failing to comply with the directives of Central Government, measures taken by President can be
1. He can dissolve State Legislature and order fresh elections
2. He can send reserve police to the State to secure compliance
3. He can declare the breakdown of constitutional machinery in the State and assume responsibility for the governance of the state

Select the correct answer using the codes given below:
a) 3 only
b) 1 and 3 only
c) 2 and 3 only
d) 1, 2 and 3

Ans- b

Explanation- Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the constitution. In this case, he imposes article 356 on state. For this, he can act with or without governor’s report. He can take up functions of the state govt and powers versted in the governor or any other executive authority of state. President, either suspends or dissolves the assembly. In case of dissolution, fresh elections are done . Statement 1 and 3 are correct therefore.

——————————————————————————-

Q.14) Who is appointed as an adhoc Judge of the Supreme Court?
a) A retired Judge of Supreme Court
b) A sitting Judge of a High Court duly qualified for appointment as a Supreme Court Judge
c) An acting Judge of the Supreme Court
d) A person fully qualified for appointment as a Judge of the Supreme Court

Ans- b

Explanation – CJI can appoint a judge of a high court as an adhoc judge of the SC for a temporary period whenever there is lack of quorum in the permanent judges to hold or continue any session of SC. He can do so only after consultation with the chief justice of HC concerend and with the previous assent of the president. The judge so appointed as an adhoc judge should be qualified for appointment as a judge of SC.

Quick recap-  Qualification of judge of SC:

1. He should be citizen of India

a) He should have been judge of a High court (or high courts in succession)for 5 years or b) He should have been an advocate of a HC (or high courts in succession) for 10 years or c) He should be a distinguished jurist in the opinion of the president.

——————————————————————–

Q.15) Consider the following statements with reference to Attorney General of India.
1. He is appointed by the President.
2. He must have the same qualifications as are required by a Judge of High Court.
3. In the performance of his duties he shall have the right of audience in all courts of India.

Select the correct statements using the codes given below:
a) 1 only
b) 1 and 3 only
c) 2 and 3 only
d) 1, 2 and 3

Ans- b

Explanation– Attorney general is appointed by the president. He must be a person who is qualified to be appointed as a judge of Supreme court. In the performance of his duties he has the right of audience in all courts in the territory of India. Read more about in chapter 46 of Indian Polity laxmikanth, 4th edition

————————————————————————–

Q.16) Which one of the following is/are all-India Services?
1. Indian Administrative Service
2. Indian Foreign Service
3. Indian Police Service
4. Indian Defence Service

Select the correct answer using the codes given below:
a) 1 and 3 only
b) 1, 2 and 3 only
c) 1, 3 and 4 only
d) 1, 2, 3 and 4

Ans– a

Explanation-There are only three AIS as of now, Indian Administrative services, Indian forest services and Indian police services. Feature of AIS is they are recruited by Union but they serve under state governments.

Indain defence services are Indian armed forces under Ministry of Defence

———————————————————————————–

Q.17) Next to Hindi, language spoken by the largest number of people in the India is:
a) Bengali
b) Tamil
c) Urdu
d) Marathi

Ans- a

Explanation-Bengali is next to Hindi. You can read it here.

———————————————————————————–

Q.18) Consider the following statements regarding the literacy in India.
1. A person who can only read but cannot write is not defined literate.
2. Children below 5 years of age are not taken into consideration even if they are able to read and write.
3. For the purpose of census, a person is deemed literate if he or she can read and write with understanding in any of the 22 languages mentioned in the constitution.
4. The fact that a district has attained hundred percent literacy does not mean that the entire population in the district is literate.

Select the correct answer using the codes given below.
a) 1, 3 and 4 only
b) 2, 3 and 4 only
c) 1, 2 and 3 only
d) 1, 2 and 4 only

Ans- b

Explanation- Statement 1 is wrong as it is vague and incomplete. By the prevailing Census definition, anyone above the age of seven who can read and write with understanding in any language is considered ‘literate’.Therefore, it includes scheduled languages too

———————————————————————————–

Q.19) Consider the following actions taken by Parliament.
1. Removal of Comptroller and Auditor General
2. Approval of emergency proclamation
3. No Confidence motion
4. Constitutional amendment

In which of the above cases, concurrence of Lok Sabha and Rajya Sabha is required?
a) 2 and 4 only
b) 1, 2 and 4 only
c) 1, 2 and 4 only
d) 1, 3 and 4 only

Ans-b

Explanation– Confidence motion is only introduced in Loksabha. RajyaSabha is permanent house with 1/3rd members retiring every 2nd year.

CAG can be removed by same maner as a judge of the SC. Thus both houses are involved. Emergency .

Proclamation of emergency must be approved by both houses of the parliament within one month of its issue. If Loksabah has been dissolved or the dissolution of the loksabha has happened during this one month without approval from it, then the proclamation survives untiles 30 days from the first sitting of the Loksabha  after its reconstitution provided Rajyasabha has approved it.

Constittuional amendment involves two houses.

———————————————————————————–

Q.20) Which of the following bills can be considered as Money Bill.
1. A bill dealing with imposition, remission, alteration or regulation of tax
2. A bill dealing with regulation of the borrowing of money or the giving of any guarantee by the Government of India;
3. A bill dealing with appropriation of money out of the consolidated Fund of India;
4. A bill providing for the imposition of fines or fees

Select the correct answer using the codes given below.
a) 1 and 2 only
b) 1, 2 and 3 only
c) 1, 3 and 4 only
d) 1, 2, 3 and 4

Ans- b

Explanation-

Under article 110(1) of the Constitution, a Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:

(a)  the imposition, abolition, remission, alteration or regulation of any tax;

(b)  the regulation of the borrowing of money or the giving of any guarantee by theGovernment of India, or the amendment of the law with respect to any financial obligationsundertaken or to be undertaken by the Government of India;

(c)  the custody of the Consolidated Fund or the Contingency Fund of India, the payment ofmoneys into or the withdrawal of moneys from any such fund;

(d)  the appropriation of moneys out of the Consolidated Fund of India;

(e)  the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

(f)    the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

(g)   any matter incidental to any of the matters specified in sub-clauses (a) to (f).

Statement 4 thus is not a part of money bill. Hence option b.

Q.21) There is a parliamentary system of government in India becausea) The Lok Sabha is directly elected by the people
b) The Parliament can amend the Constitution
c) The Rajya Sabha cannot be dissolved
d) The Council of Ministers is responsible to the Lok Sabha

Ans- [D]

Explanation- Constitution of India provides for a parliamentary system of government modelled on the British pattern, the council of ministers headed by the Prime Minister is the real executive authority in our politico-administrative system. The fundamental principle underlying the working of parliamentary system of government is the principle of collective responsibility. All ministers own joint responsibility to the lok sabha for all their acts of omission and commission. They swim and sink together. When Lok sabha passes a no confidence motion against the council of ministers, all the ministers have to resign including those who are from the Rajya Sabha.

Two articles, article 74 and article 75 deal with them in a broad manner.

Article 74:

There shall be a Council of Ministers with the PM at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advises. Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advises tendered after such reconsideration.

Article 75:

Other provisions as to Ministers

(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister

(2) The total number of ministers including the PM in the council of ministers shall not exceed 15% of the total strength of the Lok Sabha. The Provision was added by the 91st amendment act of 2003.

(3) The Minister shall hold office during the pleasure of the President

(4) The Council of Ministers shall be collectively responsible to the House of the People

(5) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule

(6) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister

(7) The salaries and allowances of Ministers shall be such as Parliament may from time to time

Q.22) As far as Armed Forces are concerned, the fundamental rights granted under Articles 14 and 19 are:

1. Available only at the discretion of the Chief of Army Staff
2. Available only according to law made by the Parliament
3. Not available at all

Choose the correct answer using the codes given below:
a) 1 only
b) 2 onlyc) 3 only
d) None of the above

Ans- [B]

Explanation: Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of the armed forces, para military forces, police forces, intelligence agencies and analogous forces. Article 33 text says following:

Article 33: Power of Parliament to modify the rights conferred by this Part in their application etc.

Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,

(a) the members of the Armed Forces; or

(b) the members of the Forces charged with the maintenance of public order; or

(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or

(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

This means that Power to make laws under article 33 is conferred only on Parliament and not on any body else. Any such laws made by Parliament can not be challenged in any court on the grounds of contravention of fundamental rights. Parliament has enacted Army act of 1950, Navy act of 1950, the Air Force act of 1950, Police forces (Restriction of Rights) act, 1950 and so on.  They imposes restrictions on their freedom of speech, right to form associations, right to be members of the trade unions or political association, right to communicate with the press, right to attend public meetings etc.

Thus, statement 1 and 3 are wrong.

Q.23) Consider the following statements:

1. A person born on the 26th of January, 1951 in Rangoon whose father was a citizen of India by birth at the time of his birth is deemed to be an Indian citizen by descent.
2. A person born on the 1st of July, 1988 in Itanagar whose mother is a citizen of India at the time of his birth but the father is not, is deemed to be a citizen of India by birth.

Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2d) Neither 1 nor 2

Ans- [C] Citizenship act of 1955 prescribes five ways of acquiring citizenship, Birth, descent, registration, naturalisation and incorporation of territory.
Statement 1 is correct. Citizenship by descent clause says a person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth.
A person born outside India on or after 10th December 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.

Statement 2 is correct. Citizenship by birth clause says, a person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents.

A person born in India on or after 1st July 1987 is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth.

Q.24) During a proclamation of emergency due to the breakdown of constitutional machinery in a State, the President can

1. Assume all powers vested in and exercisable by the Governor
2. Declare that the powers of the State Legislature shall be exercised by the Parliament
3. Assume certain powers of the High Court
4. Suspend by order any or all Fundamental Rights except those under Articles 20 and 21

Choose the correct answer using the codes given below:
a) 1 and 2 onlyb) 1 and 3 only
c) 2 and 4 only
d) 1, 2 , 3 and 4

Ans- [A]

Explanation- When President’s rule is imposed in the state than state legislature is either suspended or dissolved. As president’s rule is constitutional emergency under article 356, president can do the following:

1. He can take up the functions of the state govt. and powers vested in the governor or any other executive authority of the state. He can promulgate ordinances too. Statement 1 is correct thus.
2. He can declare that power of the state legislature shall be exercised through Parliament. Statement 2 is correct.
3. He can take all other necessary steps including the suspensions of the constitutional provisions relating to anybody or state authority.

President in no situation can exercise powers of a high court.

Statement 4 is is a situation that arises in case of National emergency.

Therefore, Option A is correct.

Q.25) Consider the following statements in the context of the President of India

1. He has the pardoning power in respect to a sentence by court martial
2. He can grant reprieve and respite in case of punishment for an offense against any law of the land
3. He alone can pardon a sentence of death
4. His exercise of the power of pardon is open to judicial review

Which of the above statements is/are NOT correct?
a) 1 and 3 only
b) 2 and 3 only
c) 1 and 4 only
d) 2 and 4 only

Ans- 2 only

Explanation- Article 72 of the constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where:

1. Punishment or sentence is for an offence against a Union Law. As statement 2 is saying ‘against any law of the land’ which includes state law too, this statement stands incorrect.
2. Punishment or sentence is by a court martial. Statement 1 is correct.
3. Sentence is a sentence of a death.

In a landmark judgment Epuru Sudhakar & Anr vs Govt. Of A.P., it was held by the Supreme Court that it is a well-set principle that a limited judicial review of exercise of clemency powersis available to the Supreme Court and High Courts. Granting of clemency by the President or Governor can be challenged on the following grounds:
a. The order has been passed without application of mind.
b. The order is mala fide.
c. The order has been passed on extraneous or wholly irrelevant considerations.
d. Relevant material has been kept out of consideration.
e. The order suffers from arbitrariness.

Therefore, statetment 4 is also correct.

President only can ‘pardon’ a death sentence. Governor can ‘suspend’ ‘remit’ or ‘commute’ a death sentence. Hence, statement 3 is correct.

Q.26) English is the official language of which of the following states?a) Manipur
b) Nagaland
c) Karnataka
d) Kerala

Ans- [B]

Explanation– Nagaland has English as an official language. In Manipur, Karnataka and Kerela it is used as an additional official language along with Manipuri, Kannada and Malyalam respectively which is official languages of the states.

Q.27) Which of the following is/are correct regarding the office of Attorney General of India?

1. He is a member of the cabinet
2. He can speak in either House of Parliament
3. He must be qualified to become a Judge of the Supreme Court
4. His remuneration is fixed by the Parliament

Choose the correct answer using the codes given below:
a) 1 and 2 only
b) 3 and 4 only
c) 2 and 3 only
d) 4 only

Ans- (c) 2 and 3 only
Option C has been modified from (3 only) to (2 and 3 only)
Explanation- Article 76 has provided for the office of the Attorney General of India.
Attorney General is not a member of the cabinet. Cabinet members have to be Members of Parliament. Statement 1 is incorrect.
Attorney General can speak in either house of the Parliament and take part in their proceedings or their joint sittings and any committee of the Parliament of which he is a member. Statement 2 is correct.

He does not have right to vote.

He must be qualified to become a judge of the Supreme court. Statement 3 is correct.

His remuneration is fixed by the President of India. Statement 4 is incorrect.

28)Which of the following made Indian Legislature bicameral?a) Indian Councils Act, 1909
b) Govt of India Act, 1919
c) Government of India Act , 1935
d) Govt of India Act, 1947

Ans- B
Explanation– GoI act of 1919 introduced bicameralism in Indian legislature. It was also called as Montagu Chelmsford act. Salient features of the act were:

1. Act made the central legislature bicameral and introduced elections first time in the country. The first house which was central legislature, with 145 members was called central Legislative Assembly and second called with 60 member was called Council of States.
2. This Act declared that objective of the British Government is gradual introduction of responsible Government in India.
3. Diarchy was introduced at Provincial Level. The provincial subjects were divided into two groups: reserved and transferred.
4. The Act provided for the establishment of a Public Service Commission in India.
5. This act made a provision that a statutory commission would be set up at the end of 10 years after the act was passed which shall inquire into the working into the system of the government. The Simon commission of 1927 was an outcome of this provision.
6. The communal representation was extended and Sikhs, Europeans and Anglo Indians were included. The Franchise was granted to the limited number of only those who paid certain minimum “Tax” to the government.
7. It also prepared the ground for the Indian Federalism, as it identified the provinces as units of fiscal and general administration. However the structure of the govt continued to be centralised and unitary.

29)Which of the following was not a feature of Govt of India Act, 1935?a) Provincial Autonomy
b) Dyarchy at center
c) Bicameral legislature
d) All India federation

Ans- [C] Explanation– Features of the Government of India Act 1935 were:

1. Abolition of provincial dyarchy and introduction of ‘provincial autonomy’ in its place. Act introduced, responsible government in the provinces, that is, governor was required to act with the advice of ministers responsible to the provincial legislature. It came into effect in 1937 and discontinued in 1939.
2. Introduction of dyarchy at centre. This provision, never came into operation at all.
3. Introduced bicameralism in 6 out of 11 provinces.
4. Abolition of Council of India and introduced an advisory body in its place.
5. Provision for an All India Federation with British India territories and princely states. Act divided powers between centre and units in terms of 3 lists- Federal lists, Provincial lists and the concurrent lists. Residuary powers were given to the viceroy.
6. Elaborate safeguards and protective instruments for minorities. Further extended the principle of communal representation by providing separate electorate for the depressed classes, women and labors.
7. Supremacy of British Parliament.
8. Increase in size of legislatures, extension of franchise to 10% of total population, division of subjects into three lists and retention of communal electorate.
9. Establishment of RBI to control the currency and credit of the country.
10. Establishment of federal public service commission, provincial public service commission and Joint public service commission for two or more states
11. Provided for the establishment of the federal court which was setup in 1937.
12. Separation of Burma from India

30)The main recommendations of the Cabinet Commission included?a) formation of Federal Union consisting of British Indian provinces and Indian States
b) A Constituent Assembly to frame a Constitution for India
c) an Interim government consisting of representatives of various political parties
d) All of the above

Ans-[D] Explanation – Recommendation of the cabinet mission plans were:

1. It proposed that there shall be a Union of India which was to be empowered to deal with the defense, foreign affairs and communications.
2. The whole of India including the Princely States should form a Federation.
3. There should be an Interim National Government with leaders of the Indian parties to take charge of the administration.
4. It turned down the Muslim league’s demand for a separate Pakistan.
5. The Cabinet mission restricted the Communal representation
6. It provided that all the members of the Interim cabinet would be Indians and there would be minimum interference by the Viceroy.
7. Provided for formation of the constituent assembly on democratic principle of population.
8. Recognized Indian Right to cede from the Commonwealth.
9. It proposed a weak Centre. All subjects other than the Union Subjects and all the residuary powers would be vested in the provinces. The Princely states would retain all subjects and all residuary powers.
10. A Constituent Assembly will be formed of the representatives of the Provincial Assemblies and the Princely states. Each province had to be allotted a total number of seat in proportion to the its population.

31) The theory of Fundamental rights impliesa) Freedom to citizens
b) Limitations on State
c) Equality of Citizens before law
d) Rule of Law

Ans- [B] Explanation– Fundamental rights prevent executive and legislative from becoming totalitarian. By doing this, it provides opportunity to citizen for self development. Philosophy behind fundamental rights is that constitutional limitations on the powers of govt are only way of surviving basic human freedom. Thus, it out limitations on the state.

32) An ordinance promulgated by the President hasa) an infinite life
b) is workable only when the Lok Sabha is dissolved
c) must be laid before Parliament when it reassembles
d) is a parallel power of legislation

Ans- [C]

Explanation– President has legislative power to promulgate ordinances when the Parliament is not in session. These ordinances must be approved by the Parliament within six weeks of the assembly. President can withdraw ordinance at any time.

33) The Vice President of India1) enjoys similar powers as that of President of USA2) is a part of the Union executive3) is a speaker of the Rajya Sabha4) takes up office as the President of India for the rest of the term in case of demise of the President

Select the correct statements using the codes below:
a) 1 and 3 only
b) 2 and 3 only
c) 2, 3 and 4 only
d) 1 only

Ans- [B] Explanation– Statement 1 is wrong as Vice-president of India does not enjoy similar powers as that of President of USA. Thought the office of the Indian VP is modelled on the lines of American VP. One major difference is, American VP succeeds to the presidency when it falls vacant, and remains president for the unexpired term of the predecessor whereas the Indian Vice President, does not assume the office of the President when it falls vacant for the unexpired term. He merely serves as an acting President until the new President assumes charge. Thus, Statement 4 is also wrong.

VP is part of the Union executive. Statement 2 is correct.
Statement 3 is also correct. Though, he is called as Chairman of the Rajya Sabha and is Presiding officer of it, but as  a presiding officer the power and functions of the Chairman in Rajya Sabha are similar to those of the Speaker in the Lok Sabha. In this respect he resembles, American VP who also acts as the Chairman of the Senate-Upper house of the American Legislature.

34) Rajya Sabha has the exclusive authority overa) impeachment of the Vice President
b) initiate proceedings against the Chief Election Commissioner
c) recommend creation of All India Services
d) All of the above

Ans- [C]

Explanation– Due to the federal structure, Rajya Sabha has been given two exclusive powers that are not enjoyed by the Lok Sabha. These are:

1. Rajya Sabha can authorize the Parliament to make a law on a subject enumerated in the state list( Article 249)
2. It can authorise the Parliament to create new All-India services common to the both centre and states(Article 312).

In the election and removal of the vice president, both the houses have equal status. However, Rajya Sabha alone can initiate the removal of the VP. He is removed by a resolution passed by the Rajya Sabha by a special majority and agreed to by the Lok Sabha by a simple majority.

You can read about position of Rajya Sabha wrt Lok sabha on variety of matters on page 22.28 and page 22.29 of Indian Polity by Laxmikanth.

Chief election commissioner is provided with the security of the tenure. He can not be removed from the office except in same manner and on the same grounds as a judge of the Supreme court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity. For this let us in brief understand removal procedure of SC judge:

1. A removal motion signed by 100 members(in case of Lok Sabha) or by 50 members (in case of Rajya Sabha) is to be given to speaker/chairman.
2. The speaker/chairman may admit the motion or refuse to admit it.
3. If admitted, then the speaker/chairman is to constitute a three member committee to investigate the charges.
4. The committee should consists of (a) Chief justice or a judge of SC (b) a chief justice of High court © a distinguished Jurist
5. If the committee, finds the judge to be guilty of misbehaviour or suffereing from incapacity, the house can take up the consideration of the motion.
6. After the motion is passed by each house with a special majority, an address is presented to the President for removal of the judge.
7. Finally, the President passes an order removing the SC judge.

Thus, he does not hold office till the pleasure of the president though he is appointed by him.