Category: IASBABA

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Practice Set – 1

Q1. With reference to Right to Constitutional Remedies guaranteed under Article 32, consider the following statements:

1. The Supreme Court has ruled that Article 32 is a basic feature of the constitution.

2. Fundamental rights and other statutory rights can be enforced under Article 32.

3. The Supreme Court has both executive and original jurisdiction in case of enforcement of Fundamental Rights.

4. Article 32 cannot be invoked to determine the constitutionality of an executive order or legislation unless it directly infringes on any Fundamental Rights.

Which of the above statements is/are incorrect?

a) 1 and 4

b) 2 and 3

c) 1, 2 and 3

d) 2, 3 and 4

Answer: b)

Q2. Which of the statements about State Human Rights Commission is correct?

a) State Human Rights Commission is a constitutional body

b) If any case is already being inquired by the National Human Rights Commission then the State Human Rights Commission does not inquire into that case, whereas if the case is being inquired by any other statutory commission then the State Human Rights Commission can inquire into that case.

c) To review the constitutional and other legal safeguards for the protection of human rights.

d) The chairperson and members of State Human Rights Commission are appointed by the President.

Answer: c)

Q3. Consider the following about Secretary of the panchayat

1. Secretary of the panchayat is elected by the Gram Panchayat from amongst its members.

2. Secretary of the panchayat is responsible for calling the meeting of the Gram Sabha and Gram Panchayat and keeping a record of the proceedings.

Which of the above statements is/are correct?

a) 1 only

b) 2 only

c) Both 1 and 2

d) None

Answer: b)

Explaination:

Gram panchayat has a Secretary who is also the secretary of the Gram Sabah. This person is not an elected person but is appointed by the state government, to oversee panchayat activities. He is responsible for calling the meetings of the Gram Sabha and Gram Panchayat and keeps a record of the proceedings.

Q4. Which of the following are the compulsory provisions of the 73rd Constitutional amendment act?

1. Reservation of one-third seats for women in panchayats at all the three levels.

2. Granting powers and authority to the panchayats to enable them to function as institutions of self-government.

3. Granting financial powers to the panchayats to levy collect and appropriate taxes, duties, tolls and fees.

4. Fixing tenure of 5 years for panchayats at all levels and holding fresh elections within six months in the event of suppression of any panchayat.

a) 1 and 2

b) 2, 3 and 4

c) 1, 2 and 3

d) 1 and 4

Answer: d

Q5. A parliamentary committee means a committee that:

1. Is appointed or elected by the House

2. Works under the direction of the Speaker / Chairman

3. Presents its report to the President

4. It has a secretariat provided by the Cabinet secretary

Which of the above statements is/are correct?

a) 1, 2

b) 3, 4

c) 1, 2, 3

d) 2, 3, 4

Answer: a

Explaination:

A parliamentary committee means a committee that:

1. Is appointed or elected by the House or nominated by the Speaker / Chairman1

2. Works under the direction of the Speaker / Chairman

3. Presents its report to the House or to the Speaker / Chairman

4. It has a secretariat provided by the Lok Sabha / Rajya Sabha

Q6. Which of the following is/are not the federal features of the Indian Constitution?

1. The Constitution is written and not easily amendable.

2. Equal representation of all states in Rajya Sabha

3. State governments derive authority from the Centre.

Select the correct code:

a) 1, 2

b) 2, 3

c) 1, 3

d) 1, 2, 3

Answer: b)

Explaination:

The division of powers established by the Constitution as well as the supremacy of the Constitution can be maintained only if the method of its amendment is rigid. Hence, the Constitution is rigid to the extent that those provisions which are concerned with the federal structure. State governments derive their authority from the constitution, not the Centre.

The states are given representation in the Rajya Sabha on the basis of population. Hence, the membership varies from 1 to 31.

Q7. Consider the following about National Human Rights Commission.

1. It is a constitutional authority.

2. The Commission is independent of the government.

3. There is no fee to approach the NHRC.

4. Its recommendations are binding on the courts but not government.

Which of the above statements is/are correct?

a) 1, 4

b) 1, 2, 4

c) 2, 3

d) 2, 3, 4

Answer: c)

Explaination:

The commission has been established by law as autonomous of the government, and not by the constitution.

The NHRC cannot by itself punish the guilty. That is the responsibility of courts. The NHRC is there to make independent and credible inquiry into any case of violation of human rights.

Thus, its recommendations are not binding on neither the courts not the government. Any citizen of India can write a letter to the NHRC to complain against the violation of human rights. There is no fee or any formal procedure to approach the NHRC.

Q8. “It shall be the endeavour of every state and every local authority within the state to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.” This is a

1. Forms part of Fundamental rights under Part III of the Constitution

2. Provision made under an Act of Parliament

3. Justiciable in courts if not implemented by the Government of India

Select the correct code:

a) 1 only

b) 2 and 3

c) 1 and 3

d) None

Answer: d)

Q9. The salaries and allowances of the Judges of the High Court are charged to the

a) Contingency Fund of India

b) Consolidated Fund of India

c) Consolidated Fund of the State

d) Contingency Fund of the State

Answer: c)

Explaination:

The salaries and allowances of the Judges of the HC are charged to the Consolidated Fund of the state but their pensions are payable as Charged Expenditure /Art 112(3).

Q10. Which of these constitutional bodies are functionally autonomous from the government?

1. State Public Service Commissions

2. Election Commission of India

3. Comptroller and Auditor-General of India

Select the correct code:

a) 1, 2

b) 2, 3

c) 1, 3

d) 1, 2, 3

Answer: d

Q11. Under Article 12 of the Indian Constitution, which of the following comes under the definition of State?

1. Government and Parliament of India

2. ONGC and any private agency working for Aadhaar registration

3. District boards and improvement trusts

Select the correct code:

a) 1only

b) 2 and 3 only

c) 1 and 3 only

d) All of the above

Answer: d

Explaination:

The term ‘State’ has been used in different provisions concerning the fundamental rights.

Hence, Article 12 has defined the term for the purposes of Part III. According to it, the State includes the following:

(a) Government and Parliament of India, that is, executive and legislative organs of the Union government.

(b) Government and legislature of states, that is, executive and legislative organs of state government.

(c) All local authorities that is, municipalities, panchayats, district boards, improvement trusts, etc.

(d) All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc. According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State ‘under Article 12.

Q12. With reference to the procedure for the amendment of the Constitution as laid down in Article 368, consider the following statements.

1. An amendment of the Constitution can be initiated only in either House of Parliament.

2. The bill can be introduced only by a minister and not by a private member.

3. Prior permission of the president is not required for the introduction of the bill.

4. The ratification by the state legislature is not required.

Which of the above statements is/are incorrect?

a) 1, 3

b) 2, 4

c) 1, 2, 3

d) 2, 3, 4

Answer: b

Explaination:

The procedure for the amendment of the Constitution is laid down in Article 368:

1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.

2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.

3. The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.

4. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.

5. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.

6. After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.

7. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.

8. After the president’s assent, the bill becomes an Act.

Q13. Which of the following comes outside the scope of Article 368?

1. Elections to Parliament and state legislatures.

2. Rules of procedure in Parliament.

3. Supreme Court and high courts.

Select the correct code:

a) 1, 3

b) 2, 3

c) 1, 2

d) 1, 2, 3

Answer: c

Explaination:

A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These include: Elections to Parliament and state legislatures and Rules of procedure in Parliament.

The provisions related to Supreme Court and high courts can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.

Q14. Consider the following statements about State Legislature.

1. The Constitution does not provide for the abolition or creation of legislative councils in states.

2. The governor can nominate two members from the Anglo-Indian community, if the community is not adequately represented in the assembly.

3. The actual strength of a council is fixed by the governor.

Which of the above statements is/are incorrect?

a) 1, 2

b) 2, 3

c) 1, 3

d) 1, 2, 3

Answer: d

Explaination:

The Constitution provides for the abolition or creation of legislative councils in states.

Accordingly, the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect.

The governor can nominate one member from the Anglo-Indian community, if the community is not adequately represented in the assembly.

Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.

Q15. Special provisions for marginalized classes in the constitution are related to

1. Educational Grants

2. Appointment of Commissions to investigate their socio-economic condition

3. Reservation in Legislatures and local bodies

Which of the above statements is/are correct?

a) 1, 2

b) 2, 3

c) 1, 3

d) 1, 2, 3

Answer: d

Explaination:

The Constitution makes special provisions for the scheduled castes (SCs), the scheduled tribes (STs), the backward classes (BCs) and the Anglo-Indians. These special provisions are contained in Part XVI of the Constitution from Articles 330 to 342. They are related to the following:

1. Reservation in Legislatures

2. Special Representation in Legislatures

3. Reservation in Services and Posts

4. Educational Grants

5. Appointment of National Commissions

6. Appointment of Commissions of Investigation

Q16. The value of secularism can be found in which of the following parts of the constitution?

1. Directive Principles of State Policy

2. Fundamental Duties

3. Preamble

4. Fundamental Rights

Select the correct code:

a) 1, 2, 3

b) 1, 3, 4

c) 2, 3, 4

d) 1, 2, 3, 4

Answer: d

Q17. Which of the following is the competent authority to change the name of any State of India?

a) Governor of the State

b) Concerned State Legislature

c) Union Home Minister

d) Parliament

Answer: d

Explaination:

The Constitution authorizes the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent.

Q18. A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:

1. Quorum in Parliament.

2. Rules of procedure in Parliament

3. Election of the President and its manner

Select the correct code:

a) 1, 2

b) 2 only

c) 1, 3

d) None

Answer: a

Q19. If the Union Parliament wishes to move a matter from Concurrent List to the Union List, which of these follows?

a) The Rajya Sabha must initiate a constitutional amendment bill.

b) The President must consult the Governors of a majority of States and act according to their advice.

c) The Cabinet must pass an executive fiat to this effect.

d) It must obtain the consent of all State Legislatures for the same.

Answer: a

Explaination:

Moving a matter from the Concurrent List to Union List needs an amendment to the constitution

Q20. Which of the following were the suggestions made by Swaran Singh Committee to be included as Fundamental Duties?

1. Duty to pay taxes

2. Family Planning

3. Casting vote

Select from the codes below

a) 1 only

b) 1 and 2 only

c) 2 and 3 only

d) All of the above

Answer: a

Q21. Consider the following statements about Committee on Private Members’ Bills and Resolutions

1. The committee classifies bills and allocates time for discussion on bills and resolutions introduced by private members.

2. This is a special committee of the Lok sabha only.

3. In Lok sabha it is chaired by the Deputy Speaker.

Which of the above statements is/are correct?

a) 1 only

b) 1, 2

c) 1, 3

d) 1, 2, 3

Answer: d

Explaination:

This committee classifies bills and allocates time for the discussion on bills and resolutions introduced by private members (other than ministers). This is a special committee of the Lok Sabha and consists of 15 members including the Deputy Speaker as its chairman. The Rajya Sabha does not have any such committee. The same function in the Rajya Sabha is performed by the Business Advisory Committee of that House.

Q22. Consider the following statements about Motion of Thanks.

1. It is addressed by the Leader of the House.

2. The motion is put to vote in both the houses of the parliament.

3. It is addressed at the beginning of every new session of the Parliament.

Which of the above statements is/are incorrect?

a) 1, 2

b) 2, 3

c) 1, 3

d) 1, 2, 3

Answer: c

Q23. When a MP has voted against his political party in the Parliament, which among the following authorities will decide on his disqualification pertaining to anti defection law?

a) Parliamentary Committee on Anti defection

b) President of India

c) Election Commission of India

d) Presiding Officer of that House of the Parliament

Answer: d

Explaination:

Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House.

Q24. Which of these is/are Constitutional bodies?

1. Central Vigilance Commission

2. National Commission for STs

3. National Human Rights Commission

Select the correct code:

a) 1, 2

b) 2 only

c) 2, 3

d) 1, 2, 3

Answer: b

Explaination:

The Constitutional Bodies include:

• Election Commission
• Union Public Service Commission
• State Public Service Commission
• Finance Commission
• National Commission for SCs
• National Commission for STs
• Special Officer for Linguistic Minorities
• Comptroller and Auditor General of India
• Attorney General of India
• Advocate General of the State

Q25. The Third Schedule of the Indian Constitution deal with the oath or affirmations for:

1. Members of Parliament

2. Members of State Legislative Council

3. The Judges of High Courts

4. Attorney General of India

Select the correct code:

a) 1, 2

b) 1, 3

c) 1, 2, 3

d) 1, 2, 3, 4

Answer: c

Explaination:

Third Schedule: Forms of Oaths or Affirmations for-

1. The Union ministers

2. The candidates for election to the Parliament

3. The members of Parliament

4. The judges of the Supreme Court

5. The Comptroller and Auditor-General of India

6. The state ministers

7. The candidates for election to the state legislature

8. The members of the state legislature

9. The judges of the High Courts

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