All India Civil Services Coaching Centre: Answer Key Explanation

All India Civil Services Coaching Centre
(Under the aegis of Government of Tamil Nadu)

Answer Key Explanation
Polity and Constitution
Maximum Questions: 100 Maximum Marks: 200
1. Ans. C  The right to property was deleted from

The members of the Constituent Assembly the list of Fundamental Rights by the 44th
were indirectly elected by the members of Amendment Act, 1978. It is made a legal
the provincial assemblies, who themselves right or constitutional right under Article
were elected on a limited franchise. 300-A in Part XII of the Constitution. It
provides that no person shall be deprived
2. Ans. B of his property except by authority of
 The Directive Principles of State Policy law.
was derived from Irish Constitution.  In 1996, the Supreme Court upheld the
 The principle of Cabinet Government and constitutional validity of the National
the relations between the executive and Awards – Bharat Ratna, Padma
the legislature was largely drawn from Vibhushan, Padma Bhushan and Padma
the British Constitution. Shree. It ruled that these awards do not
 Weimar Constitution is of Germany. amount to ‘titles’ with the meaning of
Article 18 that prohibits only hereditary
3. Ans. C titles of nobility.
 The ‘Objective Resolution’ drafted and
moved by Pandit Jawaharlal Nehru in the 6. Ans. C
Constituent Assembly on 13th December  All the Fundamental Duties are confined
1946 and the Constituent Assembly to citizens only.
adopted it on 22nd January 1947.  Verma Committee was appointed to
 Pandit Motilal Nehru died in 1931. identify the existence of legal provisions
 42nd Constitutional Amendment Act 1976 for the implementation of Fundamental
added three new words – socialist, Duties.
secular and integrity.
7. Ans. C
4. Ans. C  Prime Minister can make statements in
It is not necessary to make a fresh reference both the Houses of Parliament.
every time to the State Legislature whenever  Prime Minister can announce Govt.
an amendment to the bill is moved and Policies on the floor of the Lower House.
accepted in Parliament.  Prime Minister can speak on the budget
on the Lower House, but he cannot vote
5. Ans. C on the budget.
AICSCC www.civilservicecoaching.com 044 - 24621909

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8. Ans. D has been presented to him in the same
 The President exercises his executive session for such removal. The address
power in case of mercy petition, as the must be supported by a special majority
pardoning power of the President is not of each House of Parliament.
bound by the Judiciary.  The grounds of removal of judge are two
 The President while exercising this – proved misbehaviour or incapacity.
executive power, does not sit as a Court  The 1st Statement is provided for in the
of appeal. Article 121 of our Constitution.
 The Executive Power conferred on the  This is even applicable for the judges of
President is two-fold. Firstly, it is to keep High Court.
the door open for correcting any judicial
errors in the operation of law. Secondly, 11. Ans. A
it is to afford relief from a sentence,  Zero Hour is not mentioned in the Rules
which the President regards as unduly of Business. Zero Hour is a informal
harsh. device available to the members of the
 The exercise of power by the President is Parliament to raise matters without prior
not subject to judicial review except notice.
where the presidential decision is  Zero Hour starts immediately after the
arbitrary, irrational, mala fide or question hour and lasts until the agenda
discriminatory. for the day. In other words, the time gap
between the question hour and the
9. Ans. C agenda is known as Zero Hour.
 A Money Bill can only be introduced in  Zero Hour is an Indian innovation in the
the Lok Sabha and that too on the field of Parliamentary Procedures and it
recommendation of the President. has been in existence since 1962.
 The Money Bill can be detained by the  The first hour of every Parliamentary
Rajya Sabha for a maximum of 14 days sitting is the Question Hour.
only.
 Article 112 pertains to the annual 12. Ans. D
financial statement i.e., the Budget.  Simple Majority refers to a majority of
 Article 110 gives the provisions regarding more than 50% of the members present
a money bill. and voting in the House. It is also known
 If any question arises whether a bill is a as Functional or Working Majority.
money bill or not, the decision of the  Simple Majority is the most commonly
Speaker of the Lok Sabha is final. His used type of majority i.e., (50% + 1) to
decision in this regard cannot be pass money bill, financial/ordinary bills,
questioned in any court of law or in the adjournment motion, non – confidence
either Houses of Parliament or even by motion, censure motion, confidence
the President. motion, to declare financial emergency,
to declare President’s Rule (state
10. Ans. B emergency), to remove the vice
 The President can issue the removal president – simple majority is needed in
order only after an address by Parliament

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the Lok Sabha, to elect the speaker and total strength of the assembly but
deputy speaker of the Lok Sabha. subjected to a minimum strength of 40.
 Absolute Majority refers to a majority of
more than 50% of the House’s total 15. Ans. C
membership.  Such proclamation must be approved by
 Absolute Majority is used during the both Houses of the Parliament within
general elections for the government two months from the date of its issue.
formation at the Centre and the States.  It can continue indefinitely till it is
 Art. 249 Power of Parliament to legislate revoked
with respect to a matter in the State List  Financial Emergency has never been
in the National Interest. declared.
 Special Majority to Article 249 – it refers 16. Ans. C
to a majority of 2/3rd members present  S K Dhar recommended the
and voting supported by over 50%of the reorganization of states on the basis of
total strength of the House. This is chiefly administrative convenience and not on
used for most of the Constitution linguistic basis.
Amendment Bills.  JVP Committee consisted of Pandit
Jawaharlal Nehru, Sardar Vallahbhai
13. Ans. A Patel and Pattabhi Sitaramayy and even
 The President has only situational this committee recommended
discretion but the Governor besides that reorganisation of states on the basis of
has constitutional discretion and also administrative convenience.
special discretion.
 Governor cannot pardon a death 17. Ans. D
sentence and has no such powers in case  In India, the sovereignty vests in the
of a court-martial. Governor’s jurisdiction people of India.
is only for the State Laws.  The Fundamental Rights promote the
idea of Political Democracy.
14. Ans. C  The Fundamental Rights are not
 In the 1st statement, there are 5 states at absolute and the State can impose
present with Legislative Council – Andhra reasonable restrictions on such
Pradesh, Uttar Pradesh, Bihar, propositions.
Maharashtra and Karnataka. Earlier it
was 6 states including the State of 18. Ans. D
Jammu and Kashmir. Now Jammu and  The UN Charter empowered ECOSOC to
Kashmir is bifurcated as Union Territory establish “commissions in economic
with Legislature. and social fields and for the promotion
 Article 169 provides for such an of human rights….” One of these was
arrangement and this resolution shall be the United Nations Human Rights
passed by the Legislative Assembly by a Commission, which, under the
Special Majority. chairmanship of Eleanor Roosevelt,
 The maximum strength of the Legislative saw to the creation of the Universal
Assembly shall not exceed 1/3rd of the Declaration of Human Rights.

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 The Declaration was proclaimed by the the additional reservation of 10% for
United Nations General Assembly in poorer sections of higher castes, it
Paris on 10 December 1948 (General upheld the constitutional validity of
Assembly resolution 217 A) as a 27% reservation for the OBCs with
common standard of achievements for certain conditions.
all peoples and all nations.  National Commission for Backward
 It sets out, for the first time, Classes was established in 1993 by an
fundamental human rights to be Act of Parliament. It considers
universally protected and it has inclusions in and exclusions from the
been translated into over 500 lists of castes notified as backward for
languages. the purpose of job reservation.
 Today, the Declaration is a living
document that has been accepted as a 20. Ans. C
contract between a government and its  In context of the 1st statement, a civil
people throughout the world. liability or tax can be imposed
According to the Guinness Book of retrospectively.
World Records, it is the most translated  The protection against self-
document in the world. incrimination extends to both oral
evidence and documentary evidence.
19. Ans. D
 The Second Backward Classes 21. Ans. B
Commission submitted its report in  Mandamus literally means ‘we
1980 and identified as many as 3743 command’. It is a command issued by
castes as socially and educationally the court to a public official asking him
backward classes. They constitute to perform his official duties that he has
nearly 52% component of the failed or refused to perform. It can also
population, excluding the scheduled be issued against any public body, a
castes (SCs) and the scheduled tribes corporation, an inferior court, a
(STs). tribunal or government for the same
 The Commission recommended for purpose.
reservation of 27% government jobs for  Prohibition literally, it means ‘to forbid’.
the OBCs so that the total reservation It is issued by a higher court to a lower
for all (SCs, STs and OBCs) amounts to court or tribunal to prevent the latter
50%. It was after ten years in 1990 that from exceeding its jurisdiction or
the V P Singh Government declared usurping a jurisdiction that it does not
reservation of 27% government jobs for possess. Thus, unlike mandamus that
the OBCs. directs activity, the prohibition directs
 In the famous Mandal case (1992), the inactivity.
scope and extent of Article 16(4), which  Certiorari literally means ‘to be
provides for reservation of jobs in certified’ or ‘to be informed’. It is issued
favour of backward classes, has been by a higher court to a lower court or
examined thoroughly by the Supreme tribunal either to transfer a case
Court. Though the Court has rejected pending with the latter to itself or to

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squash the order of the latter in a case. European nations, Indian law mostly
It is issued on the grounds of excess of derives from English common law that was
jurisdiction or lack of jurisdiction or formulated and applied in British India and
error of law. Thus, unlike prohibition, remains pegged to developments in the
which is only preventive, certiorari is Charter of the British Commonwealth.
both preventive as well as curative.  The Hindu men have the right
 In second statement, prohibition is only to bigamy under specific circumstances
preventive whereas certiorari is both mentioned in Codes of Usages and
preventive and curative. Customs of Gentile Hindus of Goa (if the
wife fails to deliver a child by the age of
22. Ans. D 25, or if she fails to deliver a male child
 Article 38 envisages a social order and is by the age of 30). For other
one of the Gandhian Principle. communities, the law prohibits bigamy.
 2nd and 4th statements are covered  Muslim men, who have their marriages
under Article 39 of Constitution. registered in Goa, cannot
 Free legal aid is covered under Article practice polygamy. Also, there is no
39 A. provision for a verbal divorce.
 The Roman Catholics can solemnize their
23. Ans. B marriages in church after obtaining a No
The 2nd statement comes under the Objection Certificate from the Civil
classification of liberal intellectual Registrar. For others, only a civil
principle. registration of the marriage is accepted
as a proof of marriage. The Catholics
24. Ans. C marrying in the church are excluded
Goa is the only state where a uniform civil from divorce provisions under the civil
code is followed. After India law.
annexed Goa in the year 1961, the existing  For Hindus, divorce is permitted only on
Portuguese Civil Code, 1867 was not the grounds of adultery by the wife.
altered. It applies to all the Goans living in  The law has inequalities in case
the state irrespective of their religion. of adopted and illegitimate children.
The Goa Civil Code, also called the Goa 25. Ans. B
Family Law, is the set of civil laws that The Rule of Law
governs the native residents of the Indian  The concept of ‘Equality before law’ is
state of Goa and Damaon (Daman district is an element of the concept of ‘Rule of
one of the three districts of the union Law’, propounded by A.V. Dicey, the
territory of Dadra and Nagar Haveli and British jurist. The law implies :
Daman and Diu.)  Statement 2 is correct: Absence of
arbitrary power, that is, no man can be
The Goan civil code is a Indianised variant punished except for a breach of law.
of Portuguese legal system that draws  Statement 1 is correct: Equality before
largely from the Code Napoleon, a common the law, that is, equal subjection of all
legal system in a number of Continental citizens (rich or poor, high or low,

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official or non-official) to the ordinary enforcement of any of the Fundamental
law of the land administered by the Rights. The writs issued may include
ordinary law courts. Thus the concept of habeas corpus, mandamus, prohibition,
‘Equality Before Law’ is an element of certiorari and quo-warranto.
the concept of ‘Rule of Law’.  Parliament can empower any other court
 Statement 3 is incorrect: In the Indian to issue directions, orders and writs of all
System, the constitution is the source of kinds. However, this can be done without
the individual rights. Hence the primacy prejudice to the above powers conferred
of the rights of the individual is not on the Supreme Court. Any other court
above the Constitution. This is unlike here does not include high courts
the British system wherein, the primacy because Article 226 has already conferred
of the rights of the individual ,that is, these powers on the high courts.
the Constitution is the result of the  The right to move the Supreme Court
rights of the individual as defined and shall not be suspended except as
enforced by the courts of law rather otherwise provided for by the
than the constitution being the source Constitution. Thus the Constitution
of the individual rights. provides that the President can suspend
the right to move any court for the
26. Ans. C enforcement of the Fundamental Rights
Writ jurisdiction: during a National Emergency (Article
 Article 32 confers the right to remedies 359).
for the enforcement of the Fundamental  Statement 2 is correct: Parliament by law
Rights of an aggrieved citizen. In other can extend power to issue writs to any
words, the right to get the Fundamental other courts (including local courts) for
Rights protected is in itself a local limits of jurisdiction of such courts.
Fundamental Right. Thismakes the  Statement 1 is incorrect: In India, both
Fundamental Rights real. Supreme Court and High Court have been
 That is why Dr. Ambedkar called Article empowered with Writ Jurisdiction.
32 as the most important article of the  Statement 3 is incorrect: The origin of
Constitution—‘an Article without which writs can be drawn from the English
this constitution would be a nullity. It is Judicial system. Writs were issued on a
the very soul of the Constitution and the petition presented to the king in council
very heart of it’. The Supreme Court has and were considered as a royal order.
ruled that Article 32 is a basic feature of Writs were a written order issued in the
the Constitution. name of the king which acted as
groundwork for the subsequent
It contains the following four provisions: proceedings.
 The right to move the Supreme Court by  Statement 4 is incorrect: Supreme Court
appropriate proceedings for the under Article 32 and High Court under
enforcement of the Fundamental Rights Article 226 empowered by Constitution to
is guaranteed. issue writs.
 The Supreme Court shall have power to
issue directions or orders or writs for the 27. Ans. D

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Constitutional provisions dealing with employments or appointments in that
secularism in Indian polity: state or union territory, or local
 The Preamble secures to all citizens of authority or other authority within that
India liberty of belief, faith and worship. state or union territory. Accordingly, the
 Statement 4 is correct: The State shall Parliament enacted the Public
not deny to any person equality before Employment (Requirement as to
the law or equal protection of the laws Residence) Act, 1957 and thereby
(Article 14). authorised the Government of India to
 Statement 1 is correct: The State shall prescribe residential qualification only
not discriminate against any citizen only for appointment to non-Gazetted posts
on the ground of religion race, caste, sex in Andhra Pradesh, Himachal Pradesh,
or place of birth. (Article 15). Manipur and Tripura. As this Act expired
 Statement 2 is correct: Equality of in 1974, there is no such provision for
opportunity for all citizens in matters of any state except Andhra Pradesh.
public employment (Article 16).  Statement 2 is correct: The Constitution
 All persons are equally entitled to (under Article 15) prohibits
freedom of conscience and the right to discrimination against any citizen on
freely profess, practice and propagate grounds of religion, race, caste, sex or
any religion (Article 25). place of birth and not on the ground of
 Every religious denomination or any of residence. This means that the state can
its section shall have the right to manage provide special benefits or give
its religious affairs (Article 26). preference to its residents in matters
 No person shall be compelled to pay any that do not come within the purview of
taxes for the promotion or maintenance the rights given by the Constitution to
of a particular religion or religious the Indian citizens. For example, a state
denomination. (Article 27). may offer concession in fees for
 No religious instruction shall be provided education to its residents.
in any educational institution maintained  Statement 3 is correct: The freedom of
by the State (Article 28). movement and residence (under Article
 Statement 3 is correct: Any section of 19) is subjected to the protection of
the citizens shall have the right to interests of any schedule tribe. In other
conserve its distinct language, script or words, the right of outsiders to enter,
culture (Article 29). reside and settle in tribal areas is
 All minorities shall have the right to restricted. Of course, this is done to
establish and administer educational protect the distinctive culture, language,
institutions of their choice (Article 30). customs and manners of schedule tribes
and to safeguard their traditional
28. Ans. D vocation and property against
Single Citizenship and its exceptions exploitation.
 Statement 1 is correct: The Parliament  Ex: In the case of Jammu and Kashmir
not state legislature(under Article 16) (Article 35A), the state legislature is
can prescribe residence within a state or empowered to define the persons who
union territory as a condition for certain are permanent residents of the state

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and confer any special rights and provinces and princely states as units.
privileges in matters of employment The Act divided the powers between the
under the state government, acquisition Centre and units in terms of three lists—
of immovable property in the state, Federal List (for Centre, with 59 items),
settlement in the state and scholarships Provincial List (for provinces, with 54
and such other forms of aid provided by items) and the Concurrent List (for both,
the state government. with 36 items).
 Residuary powers were given to the
29. Ans. D Viceroy. However, the federation never
Mandamus came into being as the princely states
 It literally means ‘we command’. It is a did not join it.
command issued by the court to a public  Statement 2 is correct: It abolished
official asking him to perform his official dyarchy in the provinces and introduced
duties that he has failed or refused to ‘provincial autonomy’ in its place. The
perform. It can also be issued against provinces were allowed to act as
any public body, a corporation, an autonomous units of administration in
inferior court, a tribunal or government their defined spheres.
for the same purpose.  Moreover, the Act introduced
The writ of mandamus cannot be issued: responsible governments in provinces,
 Statement 1 is correct: against a private that is, the governor was required to act
individual or body like PPP; with the advice of ministers responsible
 to enforce departmental instruction that to the provincial legislature. This came
does not possess statutory force; into effect in 1937 and was discontinued
 when the duty is discretionary and not in 1939.
mandatory;  It provided for the adoption of dyarchy
 to enforce a contractual obligation; at the Centre. Consequently, the federal
 Statement 2 is correct: against the chief subjects were divided into reserved
justice of a high court acting in judicial subjects and transferred subjects.
capacity However, this provision of the Act did
 Statement 3 is correct: against the not come into operation at all.
president of India or the state  It introduced bicameralism in six out of
Governors. eleven provinces. Thus, the legislatures
of Bengal, Bombay, Madras, Bihar,
30. Ans. A Assam and the United Provinces were
Government of India Act of 1935: made bicameral consisting of a
 The Act marked a second milestone legislative council (upper house) and a
towards a completely responsible legislative assembly (lower house).
government in India. It was a lengthy However, many restrictions were placed
and detailed document having 321 on them.
Sections and 10 Schedules.  Statement 3 is correct: It further
Features of the Act: extended the principle of communal
 It provided for the establishment of an representation by providing separate
All-India Federation consisting of electorates for depressed classes

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(scheduled castes), women and labour Legislature at the Centre consisting of
(workers). Lok Sabha and Rajya Sabha. While the
 It abolished the Council of India, Lok Sabha consists of the elected
established by the Government of India representatives of people, the Rajya
Act of 1858. The secretary of state for Sabha mainly consists of representatives
India was provided with a team of elected by the State Legislative
advisors. Assemblies. However, all the States have
 It extended franchise. 10 per cent of the not been given equal representation in
total population got the voting right. the Rajya Sabha.
 It provided for the establishment of a  Statement 2 is correct: Written
Reserve Bank of India to control the Constitution: The Indian Constitution is a
currency and credit of the country. written document containing 395
 Statement 1 is correct: It provided for Articles and 12 schedules, and therefore,
the establishment of not only a Federal fulfils this basic requirement of a federal
Public Service Commission but also a government. In fact, the Indian
Provincial Public Service Commission and Constitution is the most elaborate
Joint Public Service Commission for two Constitution of the world. It specifies the
or more provinces. structure, organisation, powers and
 It provided for the establishment of a functions of both centre and state
Federal Court, which was set up in 1937. governments and prescribes the limits
 Statement 4 is incorrect: Government of within which they must operate.
India Act of 1919 introduced, for the first  Statement 3 is correct: Supremacy of
time, bicameralism and direct election in Constitution: India’s Constitution is also
country. supreme and not the hand-made of
either the Centre or of the States. If for
31. Ans. C any reason any organ of the State dares
Features of Federalism: to violate any provision of the
 A Federal government, is one in which Constitution, the courts of laws are
powers are divided between the there to ensure that dignity of the
National government and the Regional Constitution is upheld at all costs.
governments by the constitution itself  Statement 4 is incorrect: Single
and both operate in their respective Citizenship is not the feature of
jurisdictions independently. Thus, a Federalism. It is the feature of Unitary
federation is a new state (political Constitution.
system) which is formed through a  Statement 5 is incorrect: Independent
treaty or agreement between the Judiciary: The Constitution establishes
various units. an independent judiciary headed by the
 Statement 1 is correct: Bicameralism: A Supreme Court for two purposes: one,
bicameral system is considered essential to protect the supremacy of the
in a federation because it is in the Upper Constitution by exercising the power of
House alone that the units can be given judicial review; and two, to settle the
equal representation. The Constitution disputes between the Centre and the
of India also provides for a bicameral states or between the states.

Page 9
 Division of powers between Centre and  Statement 1 is correct: It generates a
State: In a federation, there should be degree of trust and coordination that is
clear division of powers so that the units necessary for different kind of people to
and the centre are required to enact and live together.
legislate within their sphere of activity  Statement 2 is correct: It specifies how
and none violates its limits and tries to the government will be constituted,
encroach upon the functions of others. who will have power to take which
This requisite is evident in the Indian decisions.
Constitution in Schedule 7.  Statement 3 is correct: It lays down
 Dual Polity: The Constitution establishes limits on the powers of the government
a dual polity consisting the Union at the and tells us what the rights of the
Centre and the states at the periphery. citizens are.
Each is endowed with sovereign powers  It expresses the aspirations of the
to be exercised in the field assigned to people creating a good society.
them respectively by the Constitution.  Statement 4 is correct: It provides a
 Rigidity of Constitution: The division of standard to examine and evaluate any
powers established by the Constitution law and action of government, to find
as well as the supremacy of the out whether it is good or bad.
Constitution can be maintained only if  The Constitution of India is the longest
the method of its amendment is rigid. written constitution of any sovereign
Hence, the Constitution is rigid to the country in the world. Dr. Bhimrao Ramji
extent that those provisions which are Ambedkar is the chief architect of the
concerned with the federal structure can Indian Constitution.
be amended only by the joint action of
the Central and state governments. 33. Ans. B
Article 32 of Indian Constitution:
32. Ans. D  Article 32 confers the right to remedies
The Constitution of India: for the enforcement of the fundamental
 The Constitution of a country is a set of rights of an aggrieved citizen. In other
written rules that are accepted by all words, the right to get the Fundamental
people living together in a country. Rights protected is in itself a
Constitution is the supreme law that fundamental right. This makes the
determines the relationship among fundamental rights real.
people living in a territory (called  Statement 1 is correct: Dr. Ambedkar
citizens) and also the relationship called Article 32 as the most important
between the people and government. article of the Constitution, ‘an Article
 It draws a structure that defines without which this constitution would
fundamental political principles, forms be a nullity. It is the very soul of the
the framework, procedures, powers, Constitution and the very heart of it’.
and duties of government institutions The Supreme Court has ruled that
and lays out Fundamental Rights, Article 32 is a basic feature of the
Directive Principles and Duties of Constitution. Hence, it cannot be
citizens

Page 10
abridged or taken away even by way of from judicial review of laws included in
an amendment to the Constitution. the Ninth Schedule.
 Statement 2 is Incorrect: Under Article
32 only Supreme Court has power to 35. Ans. D
issue writs for the enforcement of any Parliamentary and Presidential System
of the fundamental rights and not High
Courts. High Courts can issue writs Features of Parliamentary Systems:
under Article 226.  Dual executive.
 Statement 3 is Incorrect: Only the  Majority party rule.
Fundamental Rights guaranteed by the  Collective responsibility.
Constitution can be enforced under  Political homogeneity.
Article 32 and not any other right like  Double membership.
non-fundamental constitutional rights,  Leadership of prime minister.
statutory rights, and customary rights  Dissolution of Lower House.
and so on.  Fusion of powers.
 In case of the enforcement of
Fundamental Rights, the jurisdiction of Features of Presidential Systems:
the Supreme Court is original but not  Single executive.
exclusive. It is concurrent with the  President and legislators elected
jurisdiction of the high court under separately for a fixed term.
Article 226.  Non-responsibility.
 When the Fundamental Rights of a  Political homogeneity may not exist.
citizen are violated, the aggrieved party  Single membership.
has the option of moving either the high
 Domination of president.
court or the Supreme Court directly.
 Statement 4 is correct: Single executive
is essential feature of Presidential form
34. Ans. B
of government.
Indian Constitution:
 Statement 1 is correct: Separation of
 The provisions of several Articles
powers.
explicitly confer the power of judicial
 Statement 2 is Incorrect: Presidential
review on the Supreme Court and the
form of government gives narrow
High Courts.
representation. In a parliamentary
 Statement 1 is Incorrect: Judicial Review
system, the executive consists of a group
is not mentioned anywhere in the
of individuals (i.e., ministers who are
constitution.
representatives of the people). Hence, it
 Statement 2 is Incorrect: Ninth Schedule
is possible to provide representation to
was added by the 1st Constitutional
all sections and regions in the
Amendment Act of 1951.
government. The prime minister while
 Statement 3 is correct: In a significant selecting his ministers can take this
judgment delivered in I.R. Coelho case factor into consideration.
(2007), the Supreme Court ruled that
 Statement 3 is Incorrect: Presidential
there could not be any blanket immunity
form of government provides stable
government. In this, the executive is
Page 11
elected and is not responsible to the  Statement 3 is Incorrect: In Republics,
legislature, which cannot in normal the head of the State is elected through
circumstances dismiss it. In the either be direct or indirect election. Ex.
parliamentary system there is no India is republic country in which head of
guarantee that a government can state (President) is elected indirectly and
survive its tenure. The ministers depend USA is Presidential Government in which
on the mercy of the majority legislators the Head of the State is directly elected.
for their continuity and survival in office.
A no-confidence motion or political 37.Ans. B
defection or evils of multiparty coalition Indian Socialism:
can make the government unstable.  Statement 1 is incorrect: Indian socialism
is a ‘democratic socialism’ which
36. Ans. A supports the ‘mixed economy’ where
Republic: both public and private sectors co-exist.
 A democratic polity can be classified into  Statement 2 is correct: Indian socialism
two categories—monarchy and republic. is a blend of Marxism and Gandhism,
 In a monarchy, the head of the state leaning heavily towards Gandhian
(usually king or queen) enjoys a socialism’.
hereditary position, that is, he comes  Even before the term was added by the
into office through succession, e.g. 42nd Amendment in 1976, the
Britain. Constitution had a socialist content in
 Statement 1 is correct: In a republic, on the form of certain Directive Principles of
the other hand, the head of the state is State Policy.
always elected directly or indirectly for a  Statement 3 is incorrect: The new
fixed period, e.g. USA. economic policy (1991) of liberalisation,
 Therefore, the term ‘republic’ in our privatisation and globalisation has,
Preamble indicates that India has an diluted the socialist credentials of the
elected head called the president. He is Indian State 1 nor 2
elected indirectly for a fixed period of
five years. 38. Ans. D
 A republic also means two more things: Features of Parliamentary Government in
one, vesting of political sovereignty in India
the people and not in a single individual Nominal and Real Executives:
like a king; second, the absence of any  Statement 1 is correct: The President is
privileged class and hence all public the nominal executive (de jure executive
offices being opened to every citizen or titular executive) while the Prime
without any discrimination. Minister is the real executive (de facto
 Statement 2 is Incorrect: There are many executive). Thus, the President is head of
democratic countries which have the State, while the Prime Minister is
Monarchs as their Head of the State head of the government.
hence they are Democracy but not  Article 74 provides for a council of
Republic. Example Britain, Australia. ministers headed by the Prime Minister
to aid and advise the President in the

Page 12
exercise of his functions. The advice so in power. In these capacities, he plays a
tendered is binding on the President. significant and highly crucial role in the
Majority Party Rule: functioning of the government.
 The political party which secures Dissolution of the Lower House:
majority seats in the Lok Sabha forms  Statement 4 is correct: The lower house
the government. The leader of that party of the Parliament (Lok Sabha) can be
is appointed as the Prime Minister by the dissolved by the President on
President; other ministers are appointed recommendation of the Prime Minister.
by the President on the advice of the In other words, the prime minister can
prime minister. However, when no single advise the President to dissolve the Lok
party gets the majority, a coalition of Sabha before the expiry of its term and
parties may be invited by the President hold fresh elections. This means that the
to form the government. executive enjoys the right to get the
Collective Responsibility: legislature dissolved in a parliamentary
 Statement 2 is correct: This is the system.
bedrock principle of parliamentary
government. The ministers are 39. Ans. B
collectively responsible to the Doctrine of the sovereignty of the
Parliament in general and to the Lok Parliament:
Sabha in particular (Article 75). They act  Statement 1 is incorrect: The British
as a team, and swim and sink together. system is based on the doctrine of the
 The principle of collective responsibility sovereignty of Parliament, while the
implies that the Lok Sabha can remove Parliament is not supreme in India and
the ministry (i.e., council of ministers enjoys limited and restricted powers due
headed by the prime minister) from to a written Constitution, federal system,
office by passing a vote of no judicial review and fundamental rights.
confidence. Doctrine of Legal Precedent:
Double Membership:  Statement 2 is correct: Doctrine of Legal
 Statement 3 is correct: The ministers are precedent declares that cases must be
members of both the legislature and the decided the same way when their
executive. This means that a person material facts are the same.
cannot be a minister without being a Doctrine of Eclipse:
member of the Parliament.  Statement 3 is correct: The doctrine of
 The Constitution stipulates that a Eclipse is applied in relation to a pre
minister who is not a member of the constitutional law which was valid when
Parliament for a period of six it was enacted.
consecutive months ceases to be a  Subsequently when the Constitution
minister. came into force a shadow falls on it
Leadership of the Prime Minister: because it is inconsistent with the
 The Prime Minister plays the leadership Constitution. The act is eclipsed.
role in this system of government. He is Doctrine of severability:
the leader of council of ministers, leader  Statement 4 is correct: Under the
of the Parliament and leader of the party doctrine of severability, only the

Page 13
offending provision(s) of the act would has lawfully or unlawfully taken the child
be declared void and not the whole act. and refused to return the child, at an
 In other words, there is no need to agency who wrongfully removed the
nullify the whole act if only a part of it child from the custody of the parent, or
violates fundamental rights. Only the at any other person who is keeping the
offending part needs to be nullified. child from the person with lawful
custody.
40. Ans. B  Statement 3 is correct: Legislature which
Habeas Corpus enacts the law depriving a man his
 Statement 1 is incorrect: The concept of personal liberty must be empowered to
issuing writs is taken from UK. Habeas make that law under Article 246 of the
Corpus is issued to protect personal Indian Constitution.
liberty of an individual against the
arbitrary action of both the state and 41. Ans. D
private individuals. Tribunals
 It is a Latin term which literally means ‘to  Statement 1 is correct: The original
have the body of’. It is an order issued by Constitution did not contain provisions
the court to a person who has detained with respect to Tribunals.
another person, to produce the body of  Statement 2 is correct: The 42nd
the latter before it. Amendment Act of 1976 added a new
 The court then examines the cause and Part XIV-A to the Constitution. This part is
legality of detention. It would set the entitled as ‘Tribunals’ and consists of only
detained person free, if the detention is two Articles—Article 323 A dealing with
found to be illegal. Thus, this writ is a Administrative Tribunals and Article 323 B
bulwark of individual liberty against dealing with tribunals for other matters.
arbitrary detention.  In general sense, the ‘tribunals’ are not
 The writ of habeas corpus can be issued courts of normal jurisdiction, but they
against both public authorities as well as have very specific and predefined work
private individuals. area.
The writ, on the other hand, is not issued  Under Article 323 A, only one tribunal for
where the: the centre and one for each state or two
 Detention is lawful. or more states may be established. There
 The proceeding is for contempt of a is no question of hierarchy of tribunals,
legislature or a court. whereas under 323 B a hierarchy of
 Detention is by a competent court. tribunals may be created.
 Detention is outside the jurisdiction of  Article 323 A empowers the parliament
the court. only not the state governments to
 Statement 2 is correct: A writ of habeas provide for the establishment of
corpus is a court order that requires that administrative tribunals while 323 B
the person or agency who has unlawful empowers both the centre and state
custody of a child to return the child to government for the establishment of
the person who has lawful custody. The various tribunals.
writ could be directed at a parent who

Page 14
 Article 323 A empowers the Parliament to Constitution, before the first general
provide for the establishment of election.
administrative tribunals for the  The Representation of the People
adjudication of disputes relating to (Amendment) Act, 1966, abolished the
recruitment and conditions of service of election tribunals and transferred the
persons appointed to public services of election petitions to the High Courts
the Centre, the states, local bodies, public whose orders can be appealed to
corporations and other public authorities. Supreme Court. However, election
It enables the Parliament to take out the disputes regarding the election of
adjudication of disputes relating to President and Vice-President are directly
service matters from the civil courts and heard by the Supreme Court.
the high courts and place it before the  Statement 2 is incorrect: Provisions as to
administrative tribunals. disqualification on ground of defection
 Statement 3 is correct: Central are mentioned in 10th Schedule. The 52nd
Administrative Tribunal (CAT) exercises Amendment Act of 1985 provided for the
original jurisdiction in relation to disqualification of the members of
recruitment and all service matters of Parliament and the state legislatures on
public servants covered by it. Its the ground of defection from one
jurisdiction extends to the all-India political party to another. For this
services, the Central civil services, civil purpose, it made changes in four Articles
posts under the Centre and civilian of the Constitution and added a new
employees of defense services. The Schedule (Tenth Schedule) to the
members of the defense forces, officers Constitution. The 91st Amendment Act of
and servants of the Supreme Court and 2003 made one change in the provisions
the secretarial staff of the Parliament are of the Tenth Schedule. It omitted an
not covered by it. exception provision i.e., disqualification
on ground of defection not to apply in
42. Ans. C case of split.
The Representation of People Act, 1951
 Statement 1 is incorrect: It is an act of 43. Ans. D
Parliament of India to provide for the Linguistic Minorities:
conduct of elections of the Houses of  Statement 1 is incorrect: A linguistic
Parliament and to the House or Houses of minority is a group of people whose
the Legislature of each State, the mother tongue is different from that of
qualifications and disqualifications for the majority in the state or part of a
membership of those Houses, the corrupt state. Thus, the linguistic minorities are
practices and other offences at or in determined on a state-wise basis.
connection with such elections and the  Statement 2 is correct: Originally, the
decision of doubts and disputes arising Constitution of India did not make any
out of or in connection with such provision with respect to the Special
elections. Officer for Linguistic Minorities. Later, the
 The Act was enacted by the provisional States Reorganization Commission (1953-
parliament under Article 327 of Indian 55) made a recommendation in this

Page 15
regard. Accordingly, the Seventh elections to Parliament and to the
Constitutional Amendment Act of 1956 Legislature of every State and of elections
inserted a new Article 350-B in Part XVII to the offices of President and Vice-
of the Constitution. President held under this Constitution
 According to Article 350-B in Part XVII of shall be vested in an Election
the Constitution, It contains the following Commission.
provisions:
 There should be a Special Officer for 45. Ans. C
Linguistic Minorities. He is to be State Reorganisation Commission
appointed by the President of India. All the statements are incorrect: Fazl Ali
 It would be the duty of the Special Officer Commission identified four major factors
to investigate all matters relating to the that can be taken into account in any scheme
safeguards provided for linguistic of reorganization of states:
minorities under the Constitution.  Preservation and strengthening of the
 He would report to the President upon unity and security of the country.
those matters at such intervals as the  Linguistic and cultural homogeneity.
President may direct. The President  Financial, economic and administrative
should place all such reports before each considerations.
House of Parliament and send to the  Planning and promotion of the welfare of
governments of the states concerned. the people in each state as well as of the
 Statement 3 is correct: It must be noted nation as a whole.
here that the Constitution does not S. K. Dhar Commission rejected the linguistic
specify the qualifications, tenure, salaries basis of reorganization of States and
and allowances, service conditions and recommended the reorganization of States
procedure for removal of the Special on the basis of following criteria:
Officer for Linguistic Minorities.  Geographical contiguity.
 Financial self-reliance
44. Ans. B  Administrative viability
Election Commission  Potential for development
 Statement 1 is incorrect: Administrative
expenditure of the Election Commission 46. Ans. C
is a not charged upon the Consolidated Taxation Powers
Fund of India.  Statement 1 is incorrect: The power of
 The expenditure of other independent imposing taxes on the Sale or Purchase of
constitutional bodies like the Commission Newspapers exclusively lies in the domain
i.e. the Supreme Court, Comptroller & of centre according to union list (entry
Auditor General, Union Public Service 92). Therefore centre levies, collects and
Commission is charged/ non-vote able appropriates.
expenditure.  Statement 2 is incorrect: Taxes on
 Statement 2 is correct: Article 324 (1) - Railways Fares and Freights has been
The superintendence, direction and comes under union list (entry 89). So the
control of the preparation of the power of taxation is vested in centre
electoral rolls for, and the conduct of, all exclusively.

Page 16
 Taxes levied by the centre but collected should be sought only on those promises
and appropriated by the states are which are possible to be fulfilled.
mentioned in the Article 268. This  Statement 3 is incorrect: High court
category includes, declares the elections of a candidate null
 Statement 4 is correct: Stamp duties on and void on the grounds of corruption
the bills of exchange, cheques, even after the election process is over.
promissory notes, policies of insurance, ECI is competent authority to fi le its
transfer of shares and others. allegations and evidences before the
 Statement 3 is correct: Excise duties on court of law.
medicinal and toilet preparations
containing alcohol and narcotics. 48. Ans. A
 Statement 2 is incorrect: Chief Minister
47. Ans. B and two other Ministers as nominated
Model code of conduct and Election by the Governor from each of the States
manifesto and two members from Union Territories
 The Constitution under Article 324 included in the zone.
mandates the Election Commission, to Zonal councils:
conduct elections inter alia to the  The idea of creation of zonal council was
Parliament and the State Legislatures. first of all mooted by Pandit Jawaharlal
 Having due regard to the above Nehru.
directions of the Supreme Court and  Statement 1 is correct: Zonal councils are
after consultation with the Political statutory bodies established by the
Parties, the Commission, in the interest states reorganization act 1956.
of free and fair elections , hereby directs  Organizational structure of zonal
that Political Parties and Candidates councils:
while releasing election manifestos for  Chairman - The Union Home Minister is
any election to the Parliament or State the Chairman of each of these Councils.
Legislatures, shall adhere to the following  Vice Chairman - The Chief Ministers of
guidelines :- the States included in each zone act as
 Statement 1 is correct: The election Vice-Chairman of the Zonal Council for
manifesto shall not contain anything that zone by rotation, each holding office
repugnant to the ideals and principles for a period of one year at a time.
enshrined in the Constitution and further  Members - Chief Minister and two other
that it shall be consistent with the letter Ministers as nominated by the Governor
and spirit of other provisions of Model from each of the States and two
Code of Conduct. members from Union Territories
 Statement 2 is correct: In the interest of included in the zone.
transparency, level playing field and  Statement 3 is correct: For each of the
credibility of promises, it is expected that Zonal Councils, Chief Secretaries and
manifestos also reflect the rationale for another officer/Development
the promises and broadly indicate the Commissioner nominated by each of the
ways and means to meet the financial States included in the Zone.
requirements for it. Trust of voters

Page 17
49. Ans. A  The power of Parliament to form new
Constitutional Provisions related to the states includes the power to form a new
States state or union territory by uniting a part
 Statement 1 is correct: The term Union of of any state or union territory to any
States includes the states mentioned in other state or union territory.
the First Schedule of the constitution. At  The President (or Parliament) is not
present, there are 29 states and 7 union bound by the views of the state
territories. The provisions of the legislature and may either accept or
Constitution pertaining to the states are reject them, even if the views are
applicable to all the states (except Jammu received in time. Further, it is not
and Kashmir) in the same manner with necessary to make a fresh reference to
special status to some states. the state legislature every time an
 Statement 3 is incorrect: The bill needs to amendment to the bill is moved and
be passes by a simple majority in both the accepted in Parliament.
Houses of the parliament.  The Constitution authorizes the
 According to Article 1, the territory of Parliament to form new states or alter
India can be classified into three the areas, boundaries or names of the
categories: existing states without their consent.
 Territories of the states.
 Union territories. 50. Ans. A
 Territories that may be acquired by the Returning Officer
Government of India at any time.  Statement 1 is correct: The Returning
 Article 3 authorizes the Parliament to: Officer of a Parliamentary or assembly
 Form a new state by separation of constituency is responsible for the
territory from any state or by uniting two conduct of elections in the Parliamentary
or more states or parts of states or by or assembly constituency concerned.
uniting any territory to a part of any  It is necessary for a candidate to make
state. and subscribe an oath or affirmation
 Increase the area of any state. before an officer authorised by the
 Diminish the area of any state. Election Commission. For any particular
 Alter the boundaries of any state. election, the authorised persons are,
 Alter the name of any state. principally, the Returning Officer and the
 Article 3 lays down two conditions in this Assistant Returning Officer for the
regard: constituency.
 Statement 2 is correct: A bill  After the polling has finished, the votes
contemplating the above changes can be are counted under the supervision of
introduced in the Parliament only with Returning Officers and Observers
the prior recommendation of the appointed by the Election Commission.
President. After the counting of votes is over, the
 Before recommending the bill, the Returning Officer declares the name of
President has to refer the same to the the candidate, to whom the largest
state legislature concerned for expressing number of votes have been given, as the
its views within a specified period. winner and as having been returned by

Page 18
the constituency to the concerned  Statement 2 is correct: The Commission
House. normally announces the schedule of
 Statement 2 is incorrect: The Election elections in a major press conference a
Commission of India nominates or few weeks before the formal process is
designates an officer of the Government set in motion. The Model Code of
or a local authority as the Returning Conduct for guidance of candidates and
Officer for each of the assembly and political parties comes immediately into
parliamentary constituencies in effect after such announcement.
consultation with the State Government  During the election campaign, the
/ Union Territory Administration. political parties and contesting
Electoral Registration Officer candidates are expected to abide by a
 The Election Commission of India, in Model Code of Conduct evolved by the
consultation with the state / UT Election Commission on the basis of a
government, appoints an officer of the consensus among political parties.
government or the local authorities as  Statement 3 is correct: The Model Code
the Electoral Registration Officer. also prescribes guidelines for the ruling
 The Election Commission of India also party either at the Centre or in the state
appoints one or more Assistant Electoral to ensure that a level field is maintained
Registration Officers to assist the and that no cause is given for any
Electoral Registration Officer in the complaint that the ruling party has used
performance of his functions in the its official position for the purposes of its
matter of preparation / revision of election campaign
electoral rolls.
 Statement 3 is incorrect: The Electoral 52. Ans. B
Registration Officer is responsible for the The procedure for the amendment of the
preparation of electoral rolls for a Constitution as laid down in Article 368 is as
Parliamentary / assembly constituency follows:
not the returning officer.  An amendment of the Constitution can
be initiated only by the introduction of a
51. Ans. D bill for the purpose in either House of
Model Code of Conduct Parliament and not in the state
 Statement 1 is correct: The Model Code legislatures.
lays down broad guidelines as to how the  Statement 2 is correct: The bill can be
political parties and candidates should introduced either by a minister or by a
conduct themselves during the election private member and does not require
campaign. It is intended to maintain the prior permission of the president.
election campaign on healthy lines, avoid  Statement 1 is incorrect: An amendment
clashes and conflicts between political of the Constitution can be initiated by
parties or their supporters and to ensure the introduction of bill in either House of
peace and order during the campaign parliament without prior permission of
period and thereafter, until the results President.
are declared.  The bill must be passed in each House by
a special majority, that is, a majority (that

Page 19
is, more than 50 per cent) of the total National Emergency (except Art: 20 and
membership of the House and a majority Art: 21).
of two-thirds of the members of the  Fundamental Rights are also not
House present and voting. sacrosanct as they can be amended by
 Each House must pass the bill separately. Parliament through Constitutional
In case of a disagreement between the Amendment. However, the Amendment
two Houses, there is no provision for shall not affect the basic structure of the
holding a joint sitting of the two Houses Constitution.
for the purpose of deliberation and
passage of the bill. 54. Ans. D
 If the bill seeks to amend the federal  Article 25 says that all persons are
provisions of the Constitution, it must equally entitled to freedom of
also be ratified by the legislatures of half conscience and the right to freely
of the states by a simple majority, that is, profess, practice and propagate religion.
a majority of the members of the House  Freedom of conscience: Inner freedom
present and voting. of an individual to mould his relation
 After duly passed by both the Houses of with God or Creatures in whatever way
Parliament and ratified by the state he desires.
legislatures, where necessary, the bill is  Right to profess: Declaration of one’s
presented to the President for assent. religious beliefs and faith openly and
 Statement 3 is incorrect: The president freely.
must give his assent to the bill. He can  Right to practice: Performance of
neither withhold his assent to the bill nor religious worship, rituals, ceremonies
return the bill for reconsideration of the and exhibition of beliefs and ideas.
Parliament.  Right to propagate: Transmission and
 After the president’s assent, the bill dissemination of one’s religious beliefs
becomes an Act (i.e., a constitutional to others or exposition of the tenets of
amendment act) and the Constitution one’s religion. But, it does not include a
stands amended in accordance with the right to convert another person to one’s
terms of the Act. own religion. Forcible conversions
impinge on the, freedom of conscience’
53. Ans. C guaranteed to all the persons alike.
 Statement 1 and 3 are correct. The
Fundamental Rights are named so 55. Ans. C
because they are guaranteed and  According to Article 13(3) (a) Law
protected by the Constitution of India. includes any Ordinance, Order, Bye-law,
They are most essential for the all-round Regulation, Notification, Custom and
development of citizens i.e. material, usage in the territory of India having
intellectual, moral and spiritual. force of law.
 Statement 2 and 4 are incorrect.  Art 13(4): Nothing in this article applies
Fundamental Rights are not permanent to constitutional amendment made
as they can be suspended during under art: 368. And, also the Supreme
Court in Keshwanand Bharti Case held

Page 20
that Constitutional Amendment doesn’t incorporation of territory. Thus, all of the
constitute law. above provisions help to acquire
 Kesavananda Bharati vs. The State of citizenship.
Kerala and Others (AIR 1973 SC 1461) is a
landmark decision of the Supreme Court 58. Ans. B
of India. It is the basis for the power of  Statement (b) is incorrect. The
the Indian judiciary to review, and strike Government of India Act of 1919
down, amendments to the Constitution introduced Dyarchy in the provinces. The
of India passed by the Indian parliament Provincial subjects were divided into
which conflict with or seek to alter the “Reserved Subjects” and “Transferred
constitution’s “basic structure”. Subjects”. The Reserved subjects were to
be administered by the Governor and his
56. Ans. D Executive Council. The Transferred
 All of the above mentioned provisions subjects by the Governor and his
were features the Morley-Minto ministers.
Reforms Act of 1909.  The Government of India Act of 1935
 The Act of 1909 or Morley-Minto provided for the adoption of dyarchy at
Reforms increased the size of the the Centre. However, this provision of
legislative councils, both Central and the Act did not come into operation at
provincial. The number of members in all.
the Central Legislative Council was raised  The Government of India Act of 1919
from 16 to 60. The number of members also known as Montague-Chelmsford
in the provincial legislative councils was Reforms.The objective of this act was
not uniform. gradual introduction of responsible
 The Morley-Minto Reforms introduced a government in India. Therefore, it
system of communal representation for relaxed the central control over the
Muslims by accepting the concept of provinces by demarcating and separating
“separate electorate”. Under this, the the central and provincial subjects. The
Muslim members were to be elected central and provincial legislatures were
only by Muslim voters. authorized to make laws on their
 The Morley-Minto Reforms provided (for respective list of subjects.
the first time) for the association of
Indians with the executive Councils of 59. Ans. B
the Viceroy and Governors. Thus,  Statement 1 is correct. The Constitution
Satyendra Prasad Sinha became the first of India contains not only the
Indian to be appointed as a law member fundamental principles of governance
to Viceroy‟s Executive Council. but also detailed administrative
provisions like the Judiciary,
constitutional bodies etc.
57. Ans. D  Statement 2 is incorrect. The state of
 The Citizenship Act, 1955 prescribes five Jammu and Kashmir is the only unit of
ways of acquiring citizenship, viz, birth, Indian Union that has a separate
descent, registration, naturalization and constitution.

Page 21
 Statement 3 is correct. The Constitution However, the Rules of Business provide
of India has borrowed most of its for their establishment.
provisions from the constitutions of  The Cabinet Committees are of two
various other countries as well as from types. They are standing and ad hoc. The
the Government of India Act of 1935. For former are of a permanent nature while
example, the Fundamental Rights the the latter are of a temporary nature. The
Directive Principles of State Policy have ad hoc committees are constituted from
been taken from the American and Irish time to time to deal with special
Constitutions respectively. problems. They are disbanded after their
 Statement 4 is correct. The Constitution task is completed. Thus, the correct
of India mentions some special answer is (a).
provisions for few states. For example:
Article 270, article 371, Article 371A etc. 63. Ans. B
 Statement 1 is correct. The
60.Ans. D impeachment charges can be initiated by
 All the provisions are correct. Unlike the either House of the Parliament. These
British Parliamentary System, which is charges should be signed by one-fourth
based on the doctrine of the sovereignty members of the House (that framed the
of the Parliament, in India the charges), and a 14 days’ notice should be
Parliament is not supreme. It enjoys given to the President.
limited and restricted powers due to  After the impeachment resolution is
written Constitution, federal system, passed by majority of two-thirds of the
judicial review and fundamental rights. total membership of that House, it is
sent to the other House, which should
61. Ans. D investigate the charges. Hence,
 Article 23 permits the State to impose statement 2 is incorrect.
compulsory service for public purposes,  The nominated members of either House
but while doing so the State cannot of Parliament can participate in the
discriminate on grounds of religion, race, impeachment of the President though
caste and class. Therefore, statement 1 they do not participate in his election.
is incorrect. Hence, statement 3 is correct.
 The Constitution under Article 24
prohibits the employment of children 64. Ans. D
below the age of 14 years only in  All of the above statements are
hazardous activities. It doesn’t forbid incorrect.
their employment in harmless or  The President can promulgate an
innocent work. Therefore, statement 2 is ordinance only when both the Houses of
incorrect. Parliament are not in session or when
either of the two Houses of Parliament is
62. Ans. A not in session. Hence, statement 1 is
 The Cabinet Committees are extra- incorrect.
constitutional in emergence. They are  Statement 2 is incorrect. An ordinance
not mentioned in the Constitution. made when both the Houses are in

Page 22
session is void. Thus, the power of the 1. He should be a citizen of India. Hence,
President to legislate by ordinance is not statement 1 is correct.
a parallel power of legislation. 2. He should have completed 35 years of
 Statement 3 is incorrect. The Supreme age.
Court of India ruled that the decision of 3. He should be qualified for election as a
the President to issue an ordinance can member of the Rajya Sabha. Hence,
be questioned in a court on the ground statement 2 is incorrect.
that the President has prorogued one 4. He should not hold any office of profit
House or both Houses of Parliament under the Union government or any
deliberately with a view to promulgate state government or any local authority
an ordinance on a controversial subject, or any other public authority. Hence,
so as to bypass the parliamentary statement 3 is correct.
decision and thereby circumventing the
authority of the Parliament. 67. Ans. D
The conditions in which, the constitutional
65. Ans. A position of the Legislative Council is equal
The position with respect to lapsing of bills with that of the Legislative Assembly are:
on the dissolution of the assembly is 1. Introduction and passage of Ordinary
mentioned below: Bills. However, in case of disagreement
1. A Bill pending in the assembly lapses between the two Houses, the will of the
(whether originating in the assembly or assembly prevails over that of the
transmitted to it by the council). council.
2. A Bill passed by the assembly but 2. Approval of ordinances issued by the
pending in the council lapses. governor.
3. A Bill pending in the council but not 3. Selection of ministers including the chief
passed by the assembly does not lapse. minister. Under the Constitution the,
4. A Bill passed by the assembly (in a ministers including the chief minister can
unicameral state) or passed by both the be members of either House of the state
houses (in a bicameral state) but legislature. However, irrespective of
pending assent of the governor or the their membership, they are responsible
President does not lapse. only to the assembly.
5. A Bill passed by the assembly (in a 4. Consideration of the reports of the
unicameral state) or passed by both the constitutional bodies like State Finance
Houses (in a bicameral state) but Commission, state public service
returned by the president for commission and Comptroller and
reconsideration of House (s) does not Auditor General of India.
lapse. 5. Enlargement of the jurisdiction of the
state public service commission.
66. Ans. C
To be eligible for election as Vice-President, 68. Ans. C
a person should fulfill the following The President is elected by members of
qualifications: Electoral College consisting of:

Page 23
1. The elected members of both the Code and the Evidence Act while
Houses of Parliament. The nominated assessing the claim by Lok Adalat.
members of the Parliament do not  Statement 3 is incorrect. The award by
participate in the election of the the Lok Adalat is binding on the parties
President. Hence, statement 1 is and it has the status of a decree of a civil
incorrect. court and it is non-appealable, which
2. The elected members of the legislative does not cause the delay in the
assemblies of the states. Hence, settlement of disputes finally.
statement 2 is correct.  If a matter pending in the court of law is
3. The elected members of the legislative referred to the Lok Adalat and is settled
assemblies of the Union Territories of subsequently, the court fee originally
Delhi and Puducherry. Hence, statement paid in the court on the
3 is correct. complaints/petition is also refunded
4. The Electoral College for the removal of back to the parties.
the President consists of both elected
and nominated members of the 71. Ans. B
Parliament. It does not include the  Statement 1 is incorrect. Article 263
members of the state legislative contemplates the establishment of an
assemblies. Inter-State Council to effect coordination
between the states and between Centre
69. Ans. B and states. Thus, the President can
 Statement 1 is not correct. The judge of establish such a council if at any time it
the Supreme Court holds office until he appears to him that the public interest
attains the age of 65 years. would be served by its establishment.
 Statement 2 is correct. The Constitution  He can define the nature of duties to be
has not fixed the tenure of a judge of the performed by such a council and its
Supreme Court. organization and procedure. Thus,
 Statement 3 is not correct. The judge of Parliament does not define the nature of
the Supreme Court can resign from his duties to be performed by the Council.
office by writing to the President of  Statement 2 is correct. The council’s
India. function to enquire and advice upon
inter-state disputes is complementary to
70. Ans. B the Supreme Court’s jurisdiction under
 Statement 1 is correct. There is no court Article 131 to decide a legal controversy
fee and if court fee is already paid the between the governments. The Council
amount will be refunded if the dispute is can deal with any controversy whether
settled at Lok Adalat. legal or non-legal.
 Statement 2 is incorrect. The basic  Statement 3 is correct. The Council’s
features of Lok Adalat are the procedural function is advisory unlike that of the
flexibility and speedy trial of the court which gives binding decisions.
disputes. There is no strict application of
procedural laws like the Civil Procedure 72. Ans. B
A Member of Parliament incurs

Page 24
disqualification under the defection law;
 If he voluntarily gives up the 74. Ans. A
membership of the political party on The State Executive consists of
whose ticket he is elected to the House; i) The Governor
 If he votes or abstains from voting in the ii) The Chief Minister
House contrary to any direction given by iii) The Council of Ministers and
his political party; hence, statement 1 iv) The Advocate General of the State.
and 2 are correct.
 if any independently elected member 75. Ans. B
joins any political party; hence,  Statement 1 is correct. A money bill can
statement 4 is correct. only be introduced in the Lok Sabha and
 if any nominated member joins any that too on the recommendation of the
political party after the expiry of six President. Every such bill is considered as
months. Hence, statement 3 is incorrect. a government bill and can be introduced
 The 52nd Amendment Act of 1985 only by a minister.
provided for the disqualification of the  Statement 2 is incorrect. After a money
members of Parliament and the state bill is passed by the Lok Sabha, it is
legislatures on the ground of defection transmitted to the Rajya Sabha for its
from one political party to another. The consideration. It cannot reject or amend
Tenth Schedule was added to the a money bill. It can only make the
Constitution through this amendment. recommendations.
 It must return the bill to the Lok Sabha
73. Ans. B within 14 days, whether with or without
 The presiding officer (Speaker in case of recommendations. The Lok Sabha can
the Lok Sabha or Chairman in case of the either accept or reject all or any of the
Rajya Sabha) declares the House recommendations of the Rajya Sabha.
adjourned sine die, when the business of Thus, the Rajya Sabha has restricted
a session is completed. Within the next powers with regards to a money bill.
few days, the President issues a  Statement 3 is correct. When a money
notification for prorogation of the bill is presented to the president, he may
session. However, the President can also either give his assent to the bill or
prorogue the House while in session. withhold his assent to the bill but cannot
Hence, statement 1 is incorrect. return the bill for reconsideration of the
 Statement 2 is correct. The notification Houses. Normally, the president gives his
for prorogation not only terminates a assent to a money bill as it is introduced
sitting but also a session of the House. in the Parliament with his prior
 Adjournment sine die means terminating permission.
a sitting of Parliament for an indefinite
period. 76. Ans. C
 The period spanning between the  Statement 1 is correct. A judge of the
prorogation of a House and its Supreme Court can be removed from his
reassembly in a new session is called Office by an order of the president.
‘recess’.

Page 25
 Statement 2 is incorrect. The President 5. organisation of all Courts except the
can issue the removal order of the judge Supreme Court and High Court.
of the Supreme Court only after an 6. Fisheries and Public Health and
address by Parliament has been Sanitation come under the State List
presented to him in the same session for under Seventh Schedule.
such removal.
 Statement 3 is correct. The address must 79. Ans. A
be supported by a special majority of  At present, the Public Accounts
each House of Parliament (that is, a Committee consists of 22 members (15
majority of the total membership of that from the Lok Sabha and 7 from the Rajya
House and a majority of not less than Sabha). Hence, statement 1 is correct
two-thirds of the members of that House and statement 3 is incorrect.
present and voting).  This committee was set up first in 1921
under the provisions of the Government
77. Ans. C of India Act of 1919 and has since been
 The Constitution also empowers the in existence. Since 1967 a convention
Parliament to make laws on the subjects has developed whereby the chairman of
enumerated in the State List under the the committee is selected invariably
following five circumstances: from the Opposition. Hence, statement 2
 When Rajya Sabha passes a resolution to is incorrect.
that effect. Hence, statement 1 is  The members are elected by the
correct. Parliament every year from amongst its
 When a proclamation of National members according to the principle of
Emergency is in operation. Hence, proportional representation by means of
statement 2 is correct. the single transferable vote. The term of
 When two or more states make a joint office of the members is one year. A
request to the Parliament. Hence, minister cannot be elected as a member
statement 3 is incorrect. of the committee. The chairman of the
 When necessary to give effect to committee is appointed from amongst
international agreements, treaties and its members by the Speaker.
conventions.
 When President’s Rule is in operation in 80. Ans. B
the state.  According to 73rd Constitutional
Amendment Act, 1992 the state
78. Ans. A legislature may make provision with
The 42nd Amendment Act 1976 transferred respect to all matters relating to
five subjects to Concurrent List from State elections to the panchayats. Hence,
List under Seventh Schedule, that is, statement 1 is correct. The act bars the
1. Education interference by courts in the electoral
2. Forests matters of panchayats.
3. weights and measures  It declares that the validity of any law
4. protection of wild animals and birds and relating to the delimitation of
constituencies or the allotment of seats

Page 26
to such constituencies cannot be gave a constitutional status and
questioned in any court. protection to co-operative societies. In
 It further lays down that no election to this context, it made the following three
any panchayat is to be questioned changes in the constitution:
except by an election petition presented  It made the right to form co-operative
to such authority and in such manner as societies a fundamental right (Article
provided by the state legislature. Hence, 19(1)(c) ).
statement 2 is incorrect.  It included a new Directive Principle of
State Policy on promotion of cooperative
81. Ans. C societies (Article 43-B(2)).
Following are the Constitutional Bodies:  It added a new Part IX-B in the
 Election Commission (Article 324) Constitution which is entitled “The
 Union Public Service Commission Cooperative Societies” (Articles 243-ZH
(Article 315 to 323) to 243-ZT).
 State Public Service Commission (Article
315 to 323) 83. Ans. C
 Finance Commission (Article 280) The Scheduled Castes and the Scheduled
 National Commission for SCs (Article Tribes (Prevention of Atrocities) Amendment
338) Act, 2018, amends the Scheduled Castes and
 National Commission for STs (Article the Scheduled Tribes (Prevention of
338-A) Atrocities) Act, 1989. The Amendment Act,
 Special Officer for Linguistic Minorities 2018 seeks to insert following three new
(Article 350-B) clauses after Section 18 of the original act
 Comptroller and Auditor General of (SC/ST Act, 1989):
India (Article 148)  Preliminary enquiry shall not be required
 Attorney General of India (Article 76) for registration of a FIR against any
person. Thus, statement 1 is correct.
 Advocate General of the State (Article
165)  The arrest of a person accused of having
committed an offence under the Act
 National Commission for Minorities and
would not require any approval. Thus,
Central Information Commission are
statement 2 is correct.
statutory bodies as has been formed
under statutes.  The provisions of Section 438 of the
Code of Criminal Procedure, which deals
82. Ans. C with anticipatory bail, shall not apply to
a case under this Act, “notwithstanding
 Statement 1 is incorrect. The “co-
any judgment or order of any Court.
operative societies” is a subject
The SC/ST Amendment Act, 2018 was
enumerated in Entry 32 of the state list
passed on the basis of the Supreme Court’s
of the Seventh Schedule of the
ruling in March 2018 which had struck down
Constitution and the state legislatures
the provisions of the SC/ST Act, 1989. The
have accordingly enacted legislations on
court had issued guidelines:
co-operative societies.
 To protect people against arbitrary
 Statement 2 and 3 are correct. The 97th
arrests under the Act, directing that
Constitutional Amendment Act of 2011

Page 27
public servants could be arrested only action of the president can be struck
with the written permission of their down by the court if it is based on
appointing authority. irrelevant or extraneous grounds or if it
 While in case of private employees, the was found to be malafide or perverse.
Senior Superintendent of Police  Burden lies on the Centre to prove that
concerned should allow it. relevant material exist to justify the
 A preliminary inquiry should be imposition of the President’s Rule.
conducted before the FIR was registered  The court cannot go into the correctness
to check if the case fell within the ambit of the material or its adequacy but it can
of the Act, and whether it was frivolous see whether it is relevant to the action.
or motivated. ● If the court holds the presidential
Source: proclamation to be unconstitutional and
https://www.thehindu.com/news/national/l invalid, it has power to restore the
s-passes-scst-amendment bill/ dismissed state government and revive
article24617748.ece the state legislative assembly if it was
http://socialjustice.nic.in/writereaddata/Upl suspended or dissolved.
oadFile/PoA_Act_201863670638525686331  The state legislative assembly should be
4.pdf dissolved only after the Parliament has
approved the presidential proclamation.
84. Ans. D Until such approval is given, the
The following eight types of urban local president can only suspend the
bodies are created in India for the assembly. In case the Parliament fails to
administration of urban areas: approve the proclamation, the assembly
 Municipal Corporation would get reactivated.
 Municipality  Secularism is one of the ‘basic features’
 Notified Area Committee of the Constitution. Hence, a state
 Town Area Committee government pursuing anti-secular
 Cantonment Board politics is liable to action under Article
 Township 356.
 Port Trust  The question of the state government
 Special Purpose Agency losing the confidence of the legislative
assembly should be decided on the floor
85. Ans. D of the House and until that is done the
All of the above statements are correct. In ministry should not be unseated.
SR Bommai case (1994), the following  Where a new political party assumes
propositions have been laid down by the power at the Centre, it will not have the
Supreme Court on imposition of President’s authority to dismiss ministries formed by
Rule: other parties in the states.
 The presidential proclamation imposing
President’s Rule is subject to judicial 86. Ans. D
review. The subjects under the purview of
 The satisfaction of the President must municipalities are mentioned in the 12th
be based on relevant material. The

Page 28
schedule. The 12th schedule contains Attorney General has the right of
following 18 functional items: audience in all courts in the territory of
1. Urban planning including town India. Statement 2 is incorrect.
planning;  The Attorney General has the right to
2. Regulation of land use and construction take part in the proceedings of both the
of buildings; Houses of Parliament or their joint sitting
3. Planning for economic and social and any committee of the Parliament of
development; which he may be named the member,
4. Roads and bridges; but without a right to vote.
5. Water supply for domestic, industrial  Statement 3 is correct. The Attorney
and commercial purposes; general enjoys all the privileges and
6. Public health, sanitation, conservancy immunities that are available to a
and solid waste management; Member of Parliament.
7. Fire services;
8. Urban forestry, protection of the 88. Ans. D
environment and promotion of The provisions of 73rd Amendment Act,
ecological aspects; 1992, are divided as mandatory and
9. Safeguarding the interests of weaker voluntary provisions.
sections of society, including the A. Compulsory Provisions.
handicapped and mentally retarded; 1. Organisation of Gram Sabha in a village
10. Slum improvement and upgradation; or group of villages.
11. Urban poverty alleviation; 2. Establishment of panchayats at the
12. Provision of urban amenities and village, intermediate and district levels.
facilities such as parks, gardens, 3. Direct elections to all seats in panchayats
playgrounds; at the village, intermediate and district
13. Promotion of cultural, educational and levels.
aesthetic aspects; 4. Indirect elections to the post of
14. Burials and burial grounds, cremations chairperson of panchayats at the
and cremation grounds and electric intermediate and district levels.
crematoriums; 5. 21 years to be the minimum age for
15. Cattle ponds, prevention of cruelty to contesting elections to panchayats.
animals; 6. Reservation of seats (both members and
16. Vital statistics including registration of chairpersons) for SCs and STs in
births and deaths; panchayats at all the three levels.
17. Public amenities including street 7. Reservation of one-third seats (both
lighting, parking lots, bus stops and members and chairpersons) for women
public conveniences; in panchayats at all the three levels.
18. Regulation of slaughter houses and 8. Fixing tenure of five years for panchayats
tanneries. at all levels and holding fresh elections
within six months in the event of
87. Ans. C supersession of any panchayat.
 Statement 1 is correct. In the
performance of his official duties, the

Page 29
9. Establishment of a State Election  However, if the proclamation of
Commission for conducting elections to emergency is issued at a time when the
the panchayats. Lok Sabha has been dissolved or the
10. Constitution of a State Finance dissolution of the Lok Sabha takes place
Commission after every five years to during the period of one month without
review the financial position of the approving the proclamation, then the
panchayats. proclamation survives until 30 days from
B. Voluntary Provisions the first sitting of the Lok Sabha after its
1. Giving representation to members of the reconstitution, provided the Rajya Sabha
Parliament (both the Houses) and the has in the meantime approved it.
state legislature (both the Houses) in the  Statement 2 is correct. The President
panchayats at different levels falling can proclaim a national emergency only
within their constituencies. after receiving a written
2. Providing reservation of seats (both recommendation from the cabinet. This
members and chairpersons) for means that the emergency can be
backward classes in panchayats at any declared only on the concurrence of the
level. cabinet and not merely on the advice of
3. Granting powers and authority to the the prime minister.
panchayats to enable them to function  Statement 3 is correct. A proclamation of
as institutions of self-government (in national emergency may be applicable to
brief, making them autonomous bodies). the entire country or only a part of it.
4. Devolution of powers and The 42nd Amendment Act of 1976
responsibilities upon panchayats to enabled the president to limit the
prepare plans for economic operation of a National Emergency to a
development and social justice; and to specified part of India.
perform some or all the 29 functions
listed in the Eleventh Schedule of the 90. Ans.C
Constitution.  Statement 1 is incorrect. The Supreme
5. Granting financial powers to the Court held that any irregularity in
panchayats, that is, authorizing them to consultation with the UPSC or acting
levy, collect and appropriate taxes, without consultation does not invalidate
duties, tolls and fees. Thus, all the above the decision of the Government. Thus,
mentioned are voluntary provisions. the provision of UPSC is directory and
not mandatory.
89. Ans. D  Statement 2 is correct. The additional
 Statement 1 is correct. The proclamation functions relating to the services of the
of Emergency must be approved by both Union can be conferred on UPSC by the
the Houses of Parliament within one Parliament. It can also place the
month from the date of its issue. personnel system of any authority,
Originally, the period allowed for corporate body or public institution
approval by the Parliament was two within the jurisdiction of the UPSC.
months, but was reduced by the 44th Hence the jurisdiction of UPSC can be
Amendment Act of 1978. extended by an act made by the

Page 30
Parliament. Statement 3 is correct. An i.e. the CAG cannot call for particulars of
individual ministry or department has no expenditure incurred by executive
power to reject the advice of the UPSC. agencies on secret services.
 The role of CAG in the auditing of public
91. Ans. D corporations is also limited. It is limited
 Statement 1 is correct. The Central to the role of private auditors in the
Vigilance Commission has all the powers auditing of some of the public
of a civil court and its proceedings have a corporations, where CAG Either conducts
judicial character. It is vested with the only a supplementary audit or does not
power to regulate its own procedure. come into the picture at all.
 Statement 2 is correct. The Chief  There is no such committee as
Vigilance Commissioner chairs the two Parliamentary Accounts Committee.
committees, on whose However, there is a Public Accounts
recommendations the Central Committee for which CAG functions as a
Government appoints the Director of the friend, philosopher and guide. PAC
Delhi Special Police Establishment and examines the annual audit report of the
the Director of Enforcement. Thus, none CAG, which presented to the parliament
of the above statements are incorrect. by the President. It does not limit the
role of CAG.
92. Ans. A
 Statement 1 is correct. The National 94. Ans. D
Human Rights Commission is a statutory  Statement 1 is incorrect. Equality before
(and not a constitutional) body. It was the Law is somewhat negative concept
established in 1993 under a legislation implying the absence of any special
enacted by the Parliament, namely, the privilege by reason of birth, creed or the
Protection of Human Rights Act, 1993. like, in favour of any individual and the
 This Act was amended in 2006. equal subjection of all the classes to the
Statement 2 is incorrect. The chairman ordinary law.
of the NHRC should be a retired chief  Statement 2 is incorrect. Equal
justice of India and members should be Protection of the Laws is a more positive
serving or retired judges of the Supreme concept, implying the right to equality of
Court, a serving or retired chief justice of treatment in equal circumstance. It
a High Court and two persons having would mean that among equals, the law
special knowledge or practical should be equal and equally
experience with respect to human rights. administered, that likes should be
 Statement 3 is incorrect. The chairman treated alike.
and members hold office for a term of 5
years or until they attain the age of 70 95. Ans. D
years, whichever is earlier.  In case of a conflict between the Central
law and the State law on a subject
93. Ans. A enumerated in the Concurrent List, the
 The secret service expenditure is a central law prevails over the state law.
limitation on the auditing role of CAG. But, there is an exception.

Page 31
 If the state law has been reserved for the throughout the territory of India shall be
consideration of the President and has free and also restricts the states
received his assent, then the state law imposing the restrictions either at the
prevails in that state. front of any state or at any prior or
 Hence, the option (d) is the correct subsequent stage.
answer.  Statement 2 is incorrect. Article 303
Note: It would still be competent for the under Part XIII of the Constitution
Parliament to override such a law by provides that the legislature of a state
subsequently making a law on the same can impose reasonable restrictions on
matter. the freedom of trade, commerce and
intercourse with that state or within that
96. Ans. A state in public interest. But, a Bill for this
 The 97th Amendment Act, 2011 gave a purpose can be introduced in the
constitutional status to Co-operative legislature only with the previous
societies. This Act added a new part IX-B sanction of the President.
in the constitution which entitled ‘The  Statement 3 is correct. The Constitution
Co-operative Societies’. Thus, statement under Article 305 provides the provision
1 is correct. to prohibit the imposition of
 Every co-operative society shall be discriminatory taxes by the state. Thus,
audited by an auditor or auditing firm, the legislature of a state can impose on
appointed by the general body of the co- goods imported from other states or the
operative society. The accounts of every union territories any tax to which similar
co-operative society shall be audited goods manufactured in that state are
within six months of the close of the subject.
financial year. Thus, statement 2 is
incorrect. 98. Ans. A
 The superintendence, direction and  Statement 1 is correct. The President
control of the preparation of electoral exercises suspensive veto when he
rolls and the conduct of elections to a returns a bill for reconsideration of the
co-operative society shall vest in such Parliament. However, if the bill is passed
body, as may be provided by the state again by the Parliament with or without
legislature. amendments and again presented to the
 For instance, in Madhya Pradesh, the President, it is obligatory for the
election to Co-operative societies is President to give his assent to the bill.
conducted by State Cooperative Election This means that the presidential veto is
Authority, and not by State Election overridden by a re-passage of the bill by
Commission. Thus, statement 3 is the same ordinary majority.
incorrect.  Statement 2 is incorrect. The President
of India does not possess Suspensive
97. Ans. B Veto in case of money bills. The
 Statement 1 is correct. Article 301 in Part President can either give his assent to a
XIII of the Constitution declares that money bill or withhold his assent to a
trade, commerce and intercourse

Page 32
money bill but cannot return it for the  Statement 2 is correct. The salaries and
reconsideration of the Parliament. allowances of the Chief Justice of High
 Normally, the President gives his assent Court and Judges of the High Court are
to money bill as it is introduced in the decided by the Parliament by law, time
Parliament with his previous permission. to time.
Absolute Veto refers to the power of the  Statement 3 is incorrect. The salaries and
President to withhold his assent to a bill other expenses of the judges and
passed by the Parliament. The bill then maintenance of the state high courts are
ends and does not become an act. charged from the Consolidated Fund of
Usually, this veto is exercised in the the state. The pension of a high court
following two cases: judge is charged on the Consolidated
a) With respect to private members’ bills Fund of India and not the state.
(i.e. bills introduced by any member of
Parliament who is not a minister); and 100.Ans. B
b) With respect to the government bills A proclamation of Emergency has drastic
when the cabinet resigns (after the and effects on the political system of the
passage of the bills but before the assent country.
by the President) and the new cabinet 1. Effect on the centre-state relationship: -
advises the President not to give his a) Executive: Centre can give executive
assent to such bills. directions to a state on ‘any’ matter. Not
c) When the President neither ratifies nor only on the matters enumerated in
rejects nor returns the bill, but simply Union and Concurrent Lists.
keeps the bill pending for an indefinite b) Legislative: Parliament becomes
period, this power of the President (not empowered to make laws on subjects
to take any action - either positive or enumerated in the State list.
negative on the bill) is known as the c) Financial: The President can modify the
pocket veto. distribution of revenues between the
centre and state.
99. Ans. B 2. Effect on the life of Lok Sabha and State
 Statement 1 is incorrect. The President Assembly: -
can transfer a judge from one high court Parliament may by law extend the life of
to another after consulting the Chief Lok Sabha or State Assembly beyond the
Justice of India. In the Third Judges case normal term, for one year at a time (for
(1998), the Supreme Court opined that any length of time). Thus, their life does
in case of the transfer of high court not get extended automatically, but only
judges, the Chief Justice of India should after such a law made by Parliament.
consult, in addition to the collegium of Hence, statement 1 is incorrect.
four senior most judges of the Supreme 3. Effect on Fundamental Rights: -
Court, the chief justice of the two high a) Suspension of Fundamental Rights under
courts (one from which the judge is Art. 19, when Emergency is proclaimed
being transferred and the other on the ground of war and external
receiving him). aggression and not on the ground of

Page 33
armed rebellion. Hence, statement 2 is
correct.
b) Suspension of other fundamental rights,
Art. 359 authorises the President to
suspend the right to move any court for
the enforcement of Fundamental Rights
during a National Emergency. Although,
the Parliament becomes empowered to
make laws on subjects enumerated in
the State list, the legislative power of the
state legislature is not suspended.
Hence, statement 3 is incorrect.
The state legislature, however, may be
suspended when the proclamation has been
made under Art. 356 (i.e. during President’s
rule).

Page 34

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1. Ans. C  The right to property was deleted from

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