1. Consider the following statements:
1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be
diminished during his term of office.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer. (c)
Explanation:
No criminal proceedings can be started against the President and the Governors in
respect of their personal acts nor can they be arrested or imprisoned. However, civil
proceedings can be started against
President and Governors during their term of office in respect of their personal act by
giving 2 months advance notice.
Governor is entitled to such emoluments, allowances and privileges as may be
determined by Parliament. His emoluments and allowances cannot be diminished
during his term of office.
2. Which of the following are regarded as the main features of the “Rule of Law”?
1. Limitation of powers
2. Equality before law
3. People’s responsibility to the Government
4. Liberty and civil rights
Select the correct answer using the code given below:
(a) 1 and 3 only
(b) 2 and 4 only
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4
Answer. (c)
Explanation:
Elimination: Statement 3 is definitely wrong
It is the government that is responsible to people in any scenario, not the other way
round! Thus, you are left with either (b) or (c).
“Rule of Law’ was propounded by A.V. Dicey, the British jurist. His concept has the
following three elements or aspects:
(i) Absence of arbitrary power (Limitation of powers): No man can be punished except
for a breach of law.
(ii) Equality before the law: Equal subjection of all citizens (rich or poor, high or low,
official or non-official) to the ordinary law of the land administered by the ordinary law
courts.
(iii) The primacy of the rights of the individual: Constitution is the result of the rights of
the individual as defined and enforced by the courts of law, rather than the constitution
being the source of the individual rights.
IMP. NOTE:
• The first and the second elements are applicable to the Indian System and not the
third one. In the Indian System, the constitution is the source of the individual rights.
However, in our question, this issue does not arise as they are not asking which is more
supreme. They’ve simply asked whether rights and liberties are an aspect of Rule of
Law.
3. Consider the following statements:
1. The Speaker of the Legislative Assembly shall vacate his/her office if
he/she ceases to be a member of the Assembly.
2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate
his/her immediately.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer. (a)
Explanation
Statement 1 is correct: Usually, the Speaker remains in office during the life of the
Assembly. However, s/he vacates his office earlier in any of the following three cases:
1. if s/he ceases to be a member of the Assembly;
2. if s/he resigns by writing to the Deputy Speaker; and
3. if s/he is removed by a resolution passed by a majority of all the then members of the
Assembly. Such a resolution can be moved only after giving 14 days advance notice.
Statement 2 is wrong: Article 179: Whenever the Assembly is dissolved, Speaker shall
not vacate his/her office until immediately before the first meeting of the Assembly after
the dissolution.
Also Read: Polity UPSC Prelims Question with Answers 2017: UPSC IAS Preparation
4. Which one of the following reflects the nicest, appropriate relationship between law
and liberty?
(a) if there are more laws, there is less liberty.
(b) If there are no laws, there is no liberty.
(c) If there is liberty, laws have to be made by the people.
(d) If laws are changed too often, liberty is in danger.
Answer. (b)
This is a controversial question. Official UPSC answer key says (b).
Option (b):
• Laws in any democratic country are made to grant liberties to people, as well as, put
some restrictions.
• Consider the Indian example: Several laws have been enacted just to provide the
rights and liberties guaranteed to us by the Indian
Constitution.
• If there were no laws in India, then many promises of the Constitution would stand
hollow.
John Locke, an Enlightenment-era thinker known as the ‘Father of Liberalism’ said:
“Where there is no law, there is no freedom”.
Option (a): This is not necessarily true. By the same above explanation, if laws are made
to implement rights, DPSPs, freedoms, etc., then liberties ensured to Indian citizens are
actually increasing.
• There is a counter-argument too (and hence, controversial question): More laws put
more restrictions on people.
Option (c) is wrong:
Liberty does not mean laws “HAVE TO BE” made by the people. Liberties are
freedoms enjoyed by the people of that country. People are participants in
policy-formulations in a democracy, that’s true; but that doesn’t mean it is mandatory
for the laws to be “made” by the general public.
Option (d) is wrong:
To keep up with changing times, amendments in laws are absolutely necessary, or they
become obsolete.
5. In the federation established by The Government on India Act of 1935. Residuary
Power was given to the
(a) Federal Legislature
(b) Governor General
(c) Provincial Legislature
(d) Provincial Governors
Answer. (b)
Explanation
Government of India Act of 1935 divided the subjects into 3 Lists: Federal, Provincial
and Concurrent.
Residuary powers were vested in the Governor-General, who could, in his discretion,
assign any such power by a public notification to the federal legislature or the provincial
legislature.
6. With reference to the election of the President of India, consider the following
statements:
1. The value of the vote of each MLA varies from State to State.
2. The value of the vote of MPs of the Lok Sabha is more than the value of
the vote of MPs of the Rajya Sabha.
Which of the following statements given above is/are Correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 Or 2
Answer. (c)
Explanation:
The President is elected not directly by the people but by members of electoral college
consisting of:
1. the elected members of both the Houses of Parliament;
2. the elected members of the legislative assemblies of the states; and
3. the elected members of the legislative assemblies of the Union Territories of Delhi and
Puducherry.
• Statement 1 is correct: Value of vote of a MLA depends upon the population of his
state. Hence, it varies from state to state.
For 2017 Presidential election, value of vote for a MLA from Uttar Pradesh was highest
(208) among all states, and for a MLA from
Sikkim, the lowest (7).
• Statement 2 is wrong: Value of vote of MPs is decided collectively (for both LS & RS
together) and not separately. Every MP (whether of LS or RS) has equal value of vote.
• Value of MP vote = The ‘total value of votes of all the States’ is divided by the ‘total
number of elected members of
Parliament’ (LS 543 + RS 233) to get the value of votes of each Member of Parliament
or the MP.
7. Right to Privacy is protected as an intrinsic part of Right to Life and Personal
Liberty.
Which of the following in the Constitution of India correctly and appropriately imply
the above statement?
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution
(b) Article 17 and the Directive Principles of State Policy in Part IV
(c) Article 21 and the freedoms guaranteed in Part. III
(d) Article 24 and the provisions under the 44th Amendment to the Constitution
Answer. (c)
Explanation:
Recently, Supreme Court ruled that “Right to Privacy” is an intrinsic part of life and
liberty under Article 21. It added that the right to privacy is intrinsic to the entire
fundamental rights chapter of the Constitution.
8. With reference to the Parliament of India, which of the following Parliamentary
Committees scrutinizes and reports to the House whether the powers to make
regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by
the Parliament are being properly exercised by the Executive within the scope of such
delegation?
(a) Committee on Government Assurances
(b) Committee on Subordinate Legislation
(c) Rules Committee
(d) Business Advisory Committee
Answer. (b)
Explanation
Committee on Subordinate Legislation: It was constituted in 1953.
• In both the Houses, the committee consists of 15 members.
• This committee examines and reports to the House whether the powers to make
regulations, rules, sub-rules and bye-laws delegated by the Parliament or conferred by
the Constitution to the Executive are being properly exercised by it.
SOURCE:
“Indian Polity” by Laxmikanth, Ch.: Parliamentary Committees
Also Read: Polity Solved Question Paper 2010: Here’re the Insights to Boost Your UPSC Preparation
9. Consider the following statements:
1. The Parliament of India can place a particular law in the Ninth Schedule
of the Constitution of India.
2. The validity of a law placed in the Ninth Schedule cannot be examined by
any court and no judgement can be made on it.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer. (a)
Explanation:
First Amendment Act, 1951 added Ninth Schedule to protect the land reform and other
laws included in it from the judicial review.
Statement 1 is correct: Article 31B immunises any law included in 9th Schedule from
being challenged on the ground of contravention of any of the fundamental rights. Once
a law is enacted, Parliament can include it in 9th Schedule.
• Statement 2 is wrong: However, in 2007, Supreme Court ruled that there could not be
any blanket immunity from judicial review of laws included in the Ninth Schedule.
Judicial review is a ‘basic feature’, and it could not be taken away by putting a law
under 9th
Schedule. Laws placed under 9th Schedule after April 24, 1973, are open to challenge in
court if they violated FRs under Art. 14,
15, 19 and 21 or the ‘basic structure’ of the constitution.
(It was on April 24, 1973, that the Supreme Court first propounded the doctrine of
‘basic structure’ or ‘basic features’ of the constitution in its landmark verdict in the
Kesavananda Bharati Case.)
10. Consider the following statements:
1. In the first Lok Sabha, the single largest party in the opposition was the
Swatantra Party.
2. In the Lok Sabha, a “Leader of the Opposition” was recognised for the
first time in 1969.
3. In the Lok Sabha, if a party does not have a minimum of 75 members, its
leader cannot be recognised as the Leader of the Opposition.
Which of the statements given above is/are correct?
(a)1 and 3 only
(b) 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer. (b)
• Statement 1 is wrong: In the first Lok Sabh (1952-57), the House was dominated by
the Congress Party (45% vote share). The next single largest party was the Communist
Party of India (CPI) with 4.6% vote share.
(“India Since Independence”, by Bipan Chandra; Ch. 15: “Political Parties
Opposition”; Pg 259)
• Statement 2 is correct: It was in 1969 that an official leader of the opposition (LOP)
was recognised for the first time. However,
LOP were accorded statutory recognition in 1977, through the Salary and Allowances of
Leaders of Opposition in Parliament Act,
1977. (“Indian Polity” by Laxmikanth, Ch.: Parliament)
• Statement 3 is wrong: Under rules formulated by GV Mavalankar, the first Speaker of
the Lok Sabha and followed since then, the main opposition party’s strength must equal
the quorum i.e. 10% of the total strength. Lok Sabha has a total of 552 seats, so the 10%
rule means at least 55 seats. Thus, the LoP in Lok Sabha (from the main opposition
party) must be from a party with a minimum of 55 members in Lok Sabha.
11. If the President of India exercises his power as provided under Article 356 of the
Constitution in respect of a particular State, then
(a) the Assembly of the State is automatically dissolved.
(b) the powers of the Legislature of that State shall be exercisable by or under the
authority of the Parliament.
(c) Article 19 is suspended in that State.
(d) the President can make laws relating to that State.
Answer. (b)
Explanation
Option (b) is correct & (d) is wrong:
Article 357 (Exercise of legislative powers w.r.t. Art 356):
Powers of the Legislature of the State shall be exercisable by or under the authority of
Parliament.
Parliament can delegate the power to make laws for the state to the President or to any
other authority specified by him. So far, the practice has been that the President makes
laws for the state in consultation with the MPs from that state.
Option (a) is wrong: As per Art. 356, the state Assembly can be dissolved. However, it
DOES NOT happen automatically on Proclamation of President’s Rule. It will get
dissolved only after both Houses approve the decision within two months. Moreover, the
declaration of dissolution by the President is judicially reviewable under Article 356.
Option (c) is wrong: President’s Rule has no effect on Fundamental Rights of the
citizens.
12. India enacted The Geographical Indications of Goods (Registration and Protection)
Act, 1999 in order to comply with the obligations to
(a) ILO
(b) IME
(c) UNCTAD
(d) WTO
Answer. (d)
Explanation
India, as a member of the World Trade Organization (WTO), enacted the
Geographical Indications of Goods (Registration & Protection) Act, 1999, which came
into force from 2003.
Gl goods are covered under:
(i) Paris Convention for the Protection of Industrial Property.
(ii) TRIPS Agreement of WTO
13.Regarding Money Bill, which of the following statements is NOT correct?
(a) A bill shall be deemed to be a Money Bill if it contains only provisions relating to
imposition, abolition, remission, alteration or regulation of any tax.
(b) A Money Bill has provisions for the custody of the Consolidated Fund of India or the
Contingency Fund of India.
(c) A Money Bill is concerned with the appropriation of moneys out of the Contingency
Fund of India.
(d) A Money Bill deals with the regulation of borrowing of money or giving of any
guarantee by the Government of India.
Answer. (c)
Explanation
Option (C) is wrong: A Money Bill is concerned with the appropriation of moneys out of
the Consolidated Fund of India (NOT
Contingency Fund).
Rest all statements are correct.
Art. 110. Definition of Money Bill
(1) For the purposes of this Chapter, a Bill shall be 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 the
Government of India, or the amendment of the law with respect to any financial
obligations undertaken or to be undertaken by the Government of India:
(c) the custody of the consolidated Fund or the Contingency Fund of India, the payment
of moneys 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 ofIndia 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 clause (a) to (H).
14. Consider the following statements:
1. The first democratically elected communist party government formed in a State in
India.
2. India’s then largest bank, ‘Imperial Bank of India’, was renamed ‘State Bank of
India’.
3. Air India was nationalised and became the national carrier.
4. Goa became a part of independent India.
Which of the following is the correct chronological sequence of the above events?
(a) 4 – 1 – 2-3
(b) 3 – 2 – 1 – 4
(c) 4-2-1-3
(d) 3 – 1 – 2 – 4
Explanation
Ans. [B]
• 1953: Air India was nationalised and became the national carrier.
• 1955: Imperial Bank of India was renamed SBI.
• 1957: First democratically elected communist party govt formed in India in Kerala.
• 1961: Goa became a part of independent India by Operation Vijay.
15. Consider the following statements:
1. Aadhaar card can be used as a proof of citizenship or domicile.
2. Once issued, Aadhaar number cannot be deactivated or omitted by the Issuing
Authority.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer. (d)
Explanation
Statement 1 is wrong: Aadhaar card CANNOT be used as a proof of citizenship or
domicile. UIDAI issues Aadhaar to the “residents” of India. (A citizen is eligible for all
entitlements, including voting rights; whereas a resident can be a foreign national.)
An NRI or a foreign national, if has stayed in India for more than 182 days, will be eligible to apply for Aadhaar.
Statement 2 is wrong: An individual’s Aadhaar number may be “omitted” permanently or deactivated temporarily by UIDAI.
Also Read : UPSC Polity Question Paper 2011: UPSC Prelims Solved Question Paper
