ALL INDIA PRELIMS TEST SERIES 2018 GENERAL STUDIES PAPER- 1 Indian Constitution + Governance + Contemporary Political Development ANSWER KEY

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1 ALL INDIA PRELIMS TEST SERIES 2018 GENERAL STUDIES PAPER- 1 Indian Constitution + Governance + Contemporary Political Development ANSWER KEY Ans:1)(d) Explanation: Defamation in India is both a civil and a criminal offence. In Civil Law, defamation falls under the Law of Torts, which imposes punishment in the form of damages awarded to the claimant (person filing the claim). Under Criminal Law, Defamation is bailable, noncognizable and compoundable offence. Therefore, the police cannot start investigation of defamation without a warrant from a magistrate (an FIR cannot be filed). The accused also has a right to seek bail. Further, the charges can be dropped if the victim and the accused enter into a compromise to that effect (even without the permission of the court) The Supreme Court has upheld constitutional validity of penal laws on defamation as the right to life under Article 21 includes the right to reputation. Article 19 campaigns against criminal defamation as it is a disproportionate punishment and has a harsh effect on freedom of expression. While the right to freedom of speech is granted by constitution, it is subject to reasonable restrictions of which defamation is one. Unsubstantiated or wrong allegations often cause irreparable damage to the reputation of a person and may cause financial as well as physical harm. Thus, it is important to protect against defamation. Ans:2)(c) Explanation: Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. These ordinances have the same force and effect as an act of Parliament, but are in the nature of temporary laws. Similar power is given to Governor under Article 213. Governor cannot promulgate an ordinance in any of the three situations give below: The Governor shall not promulgate any ordinance without the instruction from president in the following cases: If a bill containing the same provisions which requires the previous sanction of the president. If the ordinance has the provisions which of embodied in a bill would require president s sanction. If the ordinance has the provisions which the governor would reserve as a bill containing them for the president s sanction. If an act of the state legislature has the same provisions that would be invalid without the assent of the president. A constitutional amendment cannot be made through ordinance route. Ans:3)(a) Explanation: A political party shall be treated as a recognized political party in a State, if and only if either the conditions specified in Clause (A) are, or the condition specified in Clause (B) is, fulfilled by that party and not otherwise, that is to say- 1 (A) Such party has been engaged in political activity for a continuous period of five years; and has, at the last general election in that State to the House of the People, or, as the case may be, to the Legislative Assembly of the State, returned-either (i) at least one member to the House of the People for every twenty-five members of that House or any fraction of that number from that State; or (ii) at least one member to the Legislative Assembly of that State for every thirty members of that Assembly or any fraction of that number; (B) The total number of valid votes polled by all the contesting candidates set up by such party at the last general election in the State to the House of the People, or as the case may be, to the Legislative Assembly of the State, is not less than six per cent of the total number of valid votes polled by all the contesting candidates at such general election in the State. 2. The conditions in Clause (A) or Clause (B) above shall not be deemed to have been fulfilled by a political party, if a member of the House of the People or the Legislative Assembly of the State becomes a member of that political party after his election to that House or, as the case may be, that Assembly. 3. 'State includes the National Capital Territory of Delhi and the Union Territory of Pondicherry. 4. If a political party is treated as a recognized political party in four or more States, it shall be known as a National Party throughout the whole of India, but only so long as that political party continues to fulfill thereafter the conditions for recognition in four or more States on the results of any subsequent general election either to the House of the People or to the Legislative Assembly of any State. 5. If a political party is treated as a recognized political party in less than four States, it should be known as a `State Party in the State or States in which it is so recognized, but only so long as that political party continues to fulfill thereafter the conditions for recognition on the results of any subsequent general election to the House of the People or, as the case may be, to the Legislative Assembly of the State, in the said State or States. Ans:4)(b) Explanation: Unique Identification Authority of India (UIDAI) is a statutory authority established under the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 ( Aadhaar Act 2016 ) on 12 July 2016 by the Government of India, under the Ministry of Electronics and Information Technology (MeitY). Prior to its establishment as a statutory authority, UIDAI was functioning as an attached office of the then Planning Commission (now NITI Aayog). Under the Aadhaar Act 2016, UIDAI is responsible for Aadhaar enrolment and authentication, including operation and management of all stages

2 of Aadhaar life cycle, developing the policy, procedure and system for issuing Aadhaar numbers to individuals and perform authentication and also required to ensure the security of identity information and authentication records of individuals. Normal Process for Enrolment is conducted by Enrolment Agencies working on behalf of Registrars. One of the following three approaches of enrolment may be adopted by the EAs to enroll a resident. Document based Enrolment Submission of one valid Proof of Identity (PoI) and one valid Proof of Address(PoA) Head of Family (HoF) based Enrolment Head of family (HoF) may introduce family members by means of documents, which establish the Proof of Relationship (PoR). Introducer based Enrolment In the absence of valid Proof of Identity (PoI) and valid Proof of Address (PoA), an introducer s service can be leveraged. An introducer is a person identified and notified by the Registrar or the Regional Offices of the Authority and should have a valid Aadhaar number. Any individual, irrespective of age and gender, who is a resident of India, may voluntarily enrol to obtain Aadhaar number. Here resident means an individual who has resided in India for a period or periods amounting in all to one hundred and eighty-two days or more in the twelve months immediately preceding the date of application for enrolment. The Aadhaar number is a proof of identity, however, it does not confer any right of citizenship or domicile in respect of an Aadhaar number holder. Ans:5)(b) Ans:6)(b) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. In all cases where the punishment or sentence is by a Court Martial; In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; In all cases where the sentence is a sentence of death. Law Commission of India submitted a report to the government which recommended the abolition of capital punishment for all crimes in India, excepting the crime of waging war against the nation or for terrorism-related offences. As per article 161: Governor of a State has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. Please note that President can grant pardon to a person awarded death sentence. But Governor of State does not enjoy this power. Ans:7)(b) Article 27 lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination. This provision prohibits only levy of a tax and not a fee. 2 The article would be violated if any tax collected in India were to be utilized for promotion and maintenance of any particular religious denomination. Ans:8)(d) Explanation: The Constitution (seventy-fourth Amendment) Act, 1992 defines a metropolitan area in India as, an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area. Ans:9)(c) Explanation: The Vice President is elected by an electoral college which includes members of the Rajya Sabha (the upper house of Indian parliament) and the members of the Lok Sabha (lower house of the Indian parliament). The nominated members of the mentioned houses are also eligible to vote in the election process. The Vice-President of India is the second highest constitutional office in the country. He serves for a five-year term, but can continue to be in office, irrespective of the expiry of the term, until the successor assumes office. The Constitution is silent on who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India, before the expiry of his term, or when the Vice- President acts as the President of India. The only provision in the Constitution is with regard to the Vice-President's function as the Chairperson of the Council of States (Rajya Sabha), which is performed, during the period of such vacancy, by the Deputy Chairperson of the Rajya Sabha, or any other member of the Rajya Sabha authorised by the President of India. Ans:10)(c) Explanation: Article 35A of the Indian Constitution is an article that empowers the J&K state s legislature to define permanent residents of the state and provide special rights and privileges to those permanent residents. It also empowers the state s legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Indian Constitution. Article 35A, which was added to the Constitution by a Presidential Order in 1954, accords special rights and privileges to citizens of Jammu and Kashmir. It was added by then President Rajendra Prasad on the advice of the Cabinet. Through Constitution (Application to Jammu and Kashmir) Order of 1954 followed the 1952 Delhi Agreement entered into between Nehru and then Prime Minister of Jammu and Kashmir Sheikh Abdullah. The Presidential Order was issued under Article 370 (1) (d) of the Constitution. Ans:11)(c) Explanation: Judicial review is a process under which executive and legislative actions are subject to review by the judiciary. A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority; an executive decision may be invalidated for being

3 unlawful or a statute may be invalidated for violating the terms of a written constitution. Judicial review like that in India is not there in British political system. Britain political system is based in Parliamentary sovereignty, thus any law formulated by British parliament cannot be declared ultra vires or null and void, whereas in India legislative acts violating the provisions of the can be declared ultra vires. Ans:12)(a) Explanation: A parliamentary government is a system of politics where government is drawn from Parliament and is accountable to Parliament thus executive branch derives its democratic legitimacy from the legislature (parliament) and is also held accountable to that legislature. This accountability is enshrined in Principle of collective responsibility. The collective responsibility is related to the fact that, if a vote of no confidence is passed in parliament, the government is responsible collectively, and thus the entire government resigns. The consequence will be that a new government will be formed, or parliament will dissolve and a general election will be called. Ans:13)(d) Explanation: United States constitution has inspired independence of Judiciary and separation of executive, legislative and judicial powers. Australian Constitution has inspired the freedom of trade and commerce within the country and between the states. Thus under Article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving any preference to one State over another, or making any discrimination between one State and another in matters relating to trade and commerce. Weimar constitution of Germany inspired emergency Provision u/a 356 which provides for president s rule in the event of breakdown of constitutional machinery in the states. Lastly Canadian constitution influenced the form of federation adopted that is quasi-federal form of government a federal system with a strong central government. Ans:14)(c) Explanation: Both preamble and Directive Principles of State Policy (DPSP) mention economic justice as one the objectives of Indian constitution. In Preamble there is direct mention to economic justice, which was further emphasised by adding word socialist by 42nd Amendment in However Even before the term was added by the 42nd Amendment in 1976, the Constitution had a socialist content in the form of certain Directive Principles of State Policy. The term socialist here means democratic socialism i.e. achievement of socialistic goals through democratic, evolutionary and non-violent means. Various provisions of DPSP point towards economic justice such as the State should work to prevent concentration of wealth and means of production in a few hands, and try to ensure that ownership and control of the material resources is distributed to best serve the common good. The State should also ensure living wage and proper working conditions for workers; The State shall endeavour to provide the right to work etc. 3 Ans:15)(a) Explanation: Article 51 of the Constitution of India deals with the promotion of international peace and security. Ans:16)(c) Explanation: The Ministry of Parliamentary Affairs constitutes Consultative Committees of Members of both the Houses of Parliament, which are attached to various ministries and arranges meetings thereof. The Minister/Minister of State in charge of the ministry concerned acts as the Chairman of the Consultative Committee of that ministry. Ans:17)(b) Explanation: Disbursement from Public Account of India is not subject to vote of Parliament. It is operated through executive order. Ans:18)(d) In unitary system of government in a sovereign state is governed as a single entity. The central government is supreme, and the administrative divisions exercise only powers that the central government has delegated to them, therefore concentration of power is there. A presidential system is a system of government where an executive branch is led by a president who serves as both head of state and head of government. In such a system there is separation of power that is executive branch headed by President exists separately from the legislature. A parliamentary system is a system of democratic governance of a state where the executive branch derives its democratic legitimacy from the legislature (parliament) and is also held accountable to that legislature. Therefore there is close relationship between Executive and Legislature branch of government. In Federal system the powers are divided between Federal that is central government and State government (that is Division of powers) and both these units derive their powers from the constitution. Ans:19)(a) Explanation: Unlike American senate, where each state has two senators, Indian states do not have equality of representation in the Rajya Sabha. Thus Uttar Pradesh the largest state in terms of population has more members in upper house than other smaller populous states. The federal and state governments in US have their own officials to administer their respective laws whilst no such division exists in India. Majority of the public servants are employed by states but they administer both states and union laws. There is no dual system of courts in India. Thus unified judiciary headed by Supreme Court adjudicates the cases arising out of both state and union laws. Ans:20)(b) Explanation: Though GoI act 1935 provided for partially representative government but Governor could not be removed by elected institution of provincial legislature. British wanted to enable the British Government to intervene whenever it saw the need in order to maintain British responsibilities and interests. To achieve this, in the face of a gradually increasing Indianisation of the institutions of the Government of India, the Act concentrated the decision for the use and the

4 actual administration of the safeguards in the hands of the British-appointed Viceroy and provincial governors who were subject to the control of the Secretary of State for India. Likewise Governor along with Viceroy could only be removed by British. Rest all the statements are correct. Ans:21)(d) Explanation: In Legislative Council is permanent house having the strength of Council members will not be more than one-third the strength of state assembly. Chairman of Legislative Council is elected by council of members and not nominated by Governor. Ans:22)(b) Explanation: Article 75(1) of the Constitution provides that the Prime Minister shall be appointed by the President. A person can be appointed as Prime Minister, even if he is not a member of either House of Parliament and may continue to be so up to a period of six months. Before the expiry of this period, he has to become a member of either the Council of States or the House of the People. Before entering upon office, the Prime Minister by virtue of Article 75(4) is required to take two types of oath - oath of office and oath of secrecy in the presence of the President. The President cannot give sanctions for the legal prosecution of the Prime Minister, unless his guilt is established by a court of law. However, if the guilt is established, the President can order his prosecution under the Anti-Corruption Act. There has been no organised demand for prosecuting the Prime Minister so far. The Prime Minister s Secretariat was created in 1947 when India gained independence. The Secretariat was created for the immediate purpose of taking over the functions performed till then by the Secretary to the Governor-General, as the Prime Minister took over almost all functions which the Governor-General prior to independence, performed as the executive head of the Government. PMO is an extra-constitutional body that has no mention in the Indian Constitution. However, it was given the status of a department under the Government of India Allocation of Business Rules, 1961 thus became a statutory body. Since June 1977, it is known as Prime Minister s Office and is headed by the Secretary to the Prime Minister who is now designated as the Principal Secretary to the Prime Minister. The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of Personnel, Public Grievances and Pensions. About Nuclear Command Authority (NCA) is India s nodal authority responsible for command, control and operational decisions regarding India s nuclear weapons programme. It has Executive Council and Political Council. The NCA s directives are executed by the Strategic Forces Command. The Executive Council is chaired by the National Security Adviser (NSA). It gives inputs to the Political Council, which authorises a nuclear attack if need be. The Political Council is chaired by the Prime Minister and is advised by the Executive Council. This separation of power mechanism prevents their accidental or unauthorised use. Ans:23)(a) Explanation: Election Commission is not the authority to proclaim final verdict in the centre of election dispute. It goes to judiciary (High Court). Ans:24)(a) Department of Land resource works under the Ministry of Rural Development not the Ministry of Agriculture and farmers welfare. Department of Official Language works under Ministry of Home Affair. Ans:25)(c) Explanation: The Indian Constitution does not mention the word "press", but provides for "the right to freedom of speech and expression" (Article 19(1) a) and freedom of press is therefore an Implied in right of freedom of speech. However like freedom of speech the freedom of press is also subject to restrictions under sub clause (2), whereby this freedom can be restricted for reasons of "sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, preserving decency, preserving morality, in relation to contempt, court, defamation, or incitement to an offense". Ans:26)(c) Explanation: A person can be appointed as Governor of more than two States at the same time where his salary gets shared among the respective states. Judges of High Court are appointed by will of President, Governor and Chief Justice of High Court. Constitution does not place any process by which, Governor gets removed by president. In case of Union Territory with legislative setup, Chief Minister gets appointed by the President not by Lt. Governor. Ans:27)(d) Ans:28)(b) Explanation: State Formation year (i) Nagaland 1962 (ii) Haryana 1966 (iii) Sikkim 1975 (iv) Arunachal Pradesh 1986 (v) Andhra Pradesh 1953 (vi) Gujarat 1960 (vii) Keralau 1956 (viii) Karnataka 1956 (lx) Himachal Pradesh 1970 (X) Meghalaya 1971 (xi) Mizoram 1986 (xii) Goa 1987 (xiii) Chhattisgarh 2000 (xiv) Uttarakhand 2000 (xv) Jharkhand 2000 (xvi) Telangana 2014 Ans:29)(b) Explanation: National Social Assistance Programme started in 1995 carries National Old Age Pension Scheme, National Family Benefit Scheme and National Maternity Benefit Scheme. The Programme ensures minimum national standard of social assistance which are related to Directive Principles of State Policy for social causes that are manifested in National Social Assistance Programme, so option B. is correct. 4

5 Ans:30)(a) Explanation: According to cabinet mission plan the country could have a Federal government consisting of the British and the Indian India. The Federation was supposed to look after the national and international problems like the Defence, communication, the foreign affairs and the international trade while the provinces were to enjoy complete autonomy in Provincial subjects like police, agriculture, industries, educational and many other local problems. It did not made any recommendation related to courts or ICS. Ans:31)(b) Explanation: Under Article 72 in 91st Amendment of Constitution, it is prescribed that total number of Ministers, including Prime Minister, in Council of Ministers will not exceed 15% of number of members of the House of People. Ans:32)(d) Explanation: We see that Prime Minister and Council of Ministers together account for in Lok Sabha. In case of failure of Annual Budget, it is same as losing of confidence of Parliament for the government and under such scenario; Prime Minister will submit the resignation of Council of Ministers. Ans:33)(b) Explanation: Territory of India is a wider expression than the Union of India because the latter includes only states while the former includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time. Constitution (Article 4) declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368 Ans:34)(a) Explanation: PIO is required to register with local police for staying for over 180 days in India. OCI is not required to register with local police for staying for over 180 days in India. Ans:35)(a) Article 20: No ex-post-facto law: No person shall be (i) convicted of any offence except for violation of a law in force at the time of the commission of the act, nor (ii) subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act. No double jeopardy: No person shall be prosecuted and punished for the same offence more than once. No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself. Article 20 (3) of the Constitution [No person accused of any offence shall be compelled to be a witness against himself] protects an individual's choice between speaking and remaining silent, irrespective of whether the subsequent testimony proves to be in-culpatory or exculpatory. According to an order of SC, use of narco analysis, brain-mapping by police violates article 20(c). 5 Ans:36)(c) Explanation: Fundamental rights aim at establishing political democracy while Directive principles aim at establishing social and economic democracy. Ans:37)(c) Article 14 The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Article 15 - The state shall not discriminate against any citizen on grounds only of religion race, caste, sex place of birth or any of term. Article 15 - There shall be equality opportunity for all citizens in matters relating to employment or appoint- mentor any office under the state. Article 17 - Untouchability is abolished and its practice in any form is forbidden. Ans:38)(d) Explanation: The Dhar commission had recommended the reorganisation of states on the basis of administrative convenience rather than linguistic factor. Ans:39)(c) Ans:40)(b) Explanation: Zonal Councils are statutory bodies. There are five zonal councils and the North Eastern States i.e. (i) Assam (ii) Arunachal Pradesh (iii) Manipur (iv) Tripura (v) Mizoram (vi) Meghalaya and (vii) Nagaland are not included in the Zonal Councils and their special problems are looked after by the North Eastern Council, set up under the North Eastern Council Act, The State of Sikkim has also been included in the North Eastern Council vide North Eastern Council (Amendment) Act, The Union Home Minister is the Chairman of each of these Councils. The Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time. Ans:41)(d) Ans:42)(c) Explanation: Article 310 ensures that all persons who are members of the Defense Services or of the Civil Services of the Union or of All India Services hold office during the pleasure of the President. Similarly members of the State Services hold office during the pleasure of the Governor. To hold office during the pleasure of the President or the Governor does not, however, mean that a member of the public service can be dismissed arbitrarily by the President or the Governor. There are certain constitutional safeguards against such an action. These are embodied in Article 311 in the following manner: No member of a Civil Service of the Union or an All India Service or a State Civil Service can be dismissed or removed by an authority subordinate to that by which he was appointed. No such member shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. Ans:43)(b) Article 275 makes provisions for statutory grants to needy states (not every state). These are charged on Consolidated Fund of India. Such grants also include specific grants for promoting the welfare of

6 the scheduled tribes in a state or for raising the level of administration of the scheduled areas in a state including the State of Assam. The bases of these grants are recommendations of finance commission. Under article 282, both centre and states are able to make any grants for public purpose even if they are not within their legislative competence. Since such grants are discretionary, there are no obligations to make such grants. During the planning commission era, these discretionary grants were in fact bigger than statutory grants and that is why planning commission had assumed very important role. Ans:44)(d) Ans:45)(c) Explanation: The Constitution has guaranteed the right to propagate one s religion. This includes persuading people to convert from one religion to another. However, the same should not be forced. Ans:46)(b) Explanation: The minority status is not dependent only upon religion. Linguistic and cultural minorities are also included in this provision. Ans:47)(c) Explanation: Right to constitutional remedies Article 32 to 35 empowers the citizens to move a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, any citizen can ask the court to see if it is according to the provisions of the law of the country by lodging a PIL. If the court finds that it is not, the person will have to be freed. This procedure of asking the courts to preserve or safeguard the citizens' fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari. Dr. B. R. Ambedkar rightly declared Right to constitutional remedies as "the heart and soul" of Indian constitution. When a national or state emergency is declared, this right is suspended by the central government. Ans:48)(d) Explanation: Habeas Corpus means "you may have the body." The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal. Mandamus means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High court when any government, court, corporation or any public authority has to do a public duty but fails to do so. Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasijudicial authority. There should be court, tribunal or an officer having legal authority to determine the question with a duty to act judicially. The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasijudicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court etc. come to a stop. Difference between Prohibition and Certiorari: While the writ of prohibition is available during the pendency of proceedings, the writ of certiorari can be resorted to only after the order or decision has been announced. Both the writs are issued against legal bodies. The word Quo-Warranto literally means "by what warrants?" or "what is your authority"? It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age. Conditions for issue of Quo-Warranto The office must be public and it must be created by a statue or by the constitution itself. The office must be a substantive one and not merely the function or employment of a servant at the will and during the pleasure of another. There must have been a contravention of the constitution or a statute or statutory instrument, in appointing such person to that office. Ans:49)(d) Ans:50)(b) Explanation: 44th amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a simple legal right. In 1973, the Supreme Court gave a decision that the right to property was not part of the basic structure of the Constitution and therefore, parliament had power to abridge this right by an amendment. Ans:51)(a) Explanation: B. R. Ambedkar, the principal architect of the Constitution, was opposed to declaring India's social and economic structure in the Constitution. He said that What should be the policy of the State, how the Society should be organised in its social and economic side are matters which must be decided by the people themselves according to time and circumstances. It cannot be laid down in the Constitution itself. Ambedkar's second objection was that addition of word Socialism was "purely superfluous" and "unnecessary", as "socialist principles are already embodied in our Constitution" through Fundamental Rights and the Directive Principles of State Policy. Ans:52)(a) Explanation: The Constitution, without specifying the strength of the Commission has left the matter to the discretion of the president, who determines its composition. The chairman and members of the Commission hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. The recommendations made by UPSC are 6

7 only of advisory nature and hence, not binding on the government. UPSC is only a central recruiting agency while the Department of Personnel and Training is the central personnel agency in India. The emergence of Central Vigilance Commission (CVC) in 1964 affected the role of UPSC in disciplinary matters. This is because both are consulted by the government while taking disciplinary action against a civil servant. The problem arises when the two bodies tender conflicting advice. Ans:53)(c) Explanation: He can be removed by the president on same grounds and in the same manner as a judge of the Supreme Court. Ans:54)(b) Explanation: The strength of any council shall not exceed 1/3 rd of the strength of the state assembly. But for smaller states, the minimum strength of the council can be 40. The members of the Legislative Councils comprise of people elected through five different constituencies. One third (1/3 rd ) of the members are elected by representatives of the Local Authorities (like Municipalities, Zilla Parishads, Block Parishads etc) One third (1/3 rd ) of the members are elected by members of the Legislative Assembly (the same person can t be a member of both the houses) One-twelfth (1/12 th ) of the members are elected by the Graduates in the state One-twelfth (1/12 th ) of the members are elected by the Teachers in the state The remaining members are nominated by the Governor. Those nominated by the Governor should have special knowledge or practical experience in Literature, science, art, co-operative movement and social service. Ans:55)(d) While adjournment, Prorogation and Dissolution are applicable to Lok Sabha; the term Dissolution is not applicable to Rajya Sabha because that is a permanent house. While adjournment terminates a sitting, prorogation terminates a session. While adjournment is done by presiding officers {speaker / deputy speaker in Lok Sabha and Chairman / Deputy chairman in Rajya Sabha); prorogation is done by President. There is no impact on bills due to adjournment and prorogation. Ans:56)(d) Ans:57)(a) Ans:58)(b) Ans:59)(b) Explanation: There should be a tribal welfare minister in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha. The 94th Amendment Act of 2006 freed Bihar from the obligation of having a tribal welfare minister as there are no Scheduled Areas in Bihar now. The ministers hold office during the pleasure of the Governor. The council of ministers are collectively responsible to the state Legislative Assembly. Ans:60)(a) Explanation: The institution of high court originated in India in 1862 when the high courts 7 were set up at Calcutta, Bombay and Madras. The Parliament can extend the jurisdiction of a high court to any union territory or exclude the jurisdiction of a high court from any union territory. The judges of a high court are appointed by the President. Ans:61)(d) All the directives mentioned above have been executed one way or other. Article 40 of the Constitution lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. This article was implemented by enacting 73rd constitutional amendment act which provides for establishment of Panchayati raj institutions. Article 43 encourages government to promote cottage industries. Government has set up various boards for the same e.g. All India khadi and village industries board etc. Article 47 calls for prohibition of intoxicating drinks and several state governments have enacted law for the same e.g. Gujrat, Kerala, and Bihar. Article 50 is for separation pf executive and judiciary. Thus Union legislation in shape of Criminal procedure code 1973 placed the functions of judicial trials in the hands of judicial magistrates. Ans:62)(a) Explanation: The three-tier panchayati raj system was established on the recommendations of Balwant Rai Mehta Committee. Ashok Mehta Committee had recommended that the three-tier system of panchayati raj should be replaced by the two-tier system. panchayat samiti is second tier above the Gram Panchayat and under the Zilla Parishad. So it is middle or linked tier of Panchayat Raj System. This institutes plans for Taluka or Block area. The long programmes are organized by officials and non-officials of Panchayat Samiti with the help of voluntary Institution at Block level. panchayat samiti is the executive body while the zila parishad is advisory, coordinating and supervisory body. The administrative formal body of the Panchayat Samiti constitutes by including following members: Sarpanchas of all Village Panchayats coming under the jurisdiction of the Development Block. Local M.L. as and M.L.Cs. with right to vote but not to hold the office. One person nominated by District Collector for every Panchayat for which no Sarpanch has been elected. Reservation seats: 1/3rd seats are reserved for women, which is elected. Two persons with experience in administration and public life. The President and Vice-President of Panchayat Samiti are generally elected from the members of Panchayat Samiti. Block Development Officer is appointed by Government as Official man and he is the Chief Executive of Panchayat samiti. Ans:63)(c) Explanation: It is established by a notification in the government gazette, this is why it is called as notified area committee. Unlike the municipality, it

8 is an entirely nominated body, that is, all the members of a notified area committee including the chairman are nominated by the state government. Thus, it is neither an elected body nor a statutory body. Ans:64)(d) Ans:65)(a) Explanation: The Finance Commission consists of a chairman and four other members to be appointed by the president. The Constitution authorises the Parliament to determine the qualifications of members of the commission and the manner in which they should be selected. Accordingly, the Parliament has specified the qualifications of the chairman and members of the commission. Ans:66)(b) Explanation: In assembly, the governor can nominate one member from the Anglo-Indian community, if the community is not adequately represented in the assembly. The Constitution has provided for the reservation of seats for scheduled castes and scheduled tribes in the assembly of each state. 87th Amendment Act of 2003 Amend articles 81, 82, 170 and 330 and extended the usage of 2001 national census population figures for state wise distribution of parliamentary seats provided for the delimitation of constituencies. Ans:67)(a) Explanation: Speaker can be removed by a resolution passed by the Lok Sabha by an absolute majority (ie, a majority of the total members of the House) and not by an ordinary majority. Ans:68)(c) Explanation: The idea behind the concept of office of profit which evolved in England is to preserve the independence of the legislature by keeping the members away from any temptations from the executive that can come in the way of independent discharge of their duties. It also seeks to enforce the principle of separation of power between the legislative, the judiciary and the executive a basic feature of the Constitution. The term office of profit has not been defined in the Constitution. But, articles 102 (1) and 191 (1) which give effect to the concept of office of profit -- prescribe restrictions at the central and state level on lawmakers accepting government positions. Any violation attracts disqualification of MPs or MLAs, as the case may be. Principles of declaring Office of Profit Four broad principles have evolved for determining whether an office attracts the constitutional disqualification. Whether the government exercises control over appointment, removal and performance of the functions of the office. Whether the office has any remuneration attached to it. Whether the body in which the office is held has government powers (releasing money, allotment of land, granting licences etc.). Whether the office enables the holder to influence by way of patronage. Ans:69)(c) Explanation: They are not mentioned in the Constitution. However, the Rules of Business 8 provide for their establishment. Non-cabinet Ministers are not debarred from their membership. Ans:70)(c) Explanation: The Speaker of Lok Sabha presides over a joint sitting of the two Houses and the Deputy Speaker, in his absence. If the Deputy Speaker is also absent from a joint sitting, the Deputy Chairman of Rajya Sabha presides. If he is also absent, such other person as may be determined by the members present at the joint sitting, presides over the meeting. It is clear that the Chairman of Rajya Sabha does not preside over a joint sitting as he is not a member of either House of Parliament. Ans:71)(d) Explanation: The 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states. Ans:72)(a) Ans:73)(d) Explanation: Directive Principles serve as a crucial test for the performance of the government. The people can examine the policies and programmes of the government in the light of these constitutional declarations. Ans:74)(b) Explanation: Article 4 is invoked when a law is enacted under Article 2 or 3 for the marginal, incidental and the consequential provisions needed for changing boundary of a state or union territory. As per Article 4 (2), no such law framed under Article 4 (1), shall be deemed to be an amendment of the constitution for the purposes of article th constitutional amendment provided for Delhi for legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concern to the common man. Article 239A was inserted by 14th constitutional amendment and provides for Creation of local Legislatures or Council of Ministers or both for certain Union territories. Part XX contains Article 368 which deals which lays down procedure for amendment of the constitution. Ans:75)(d) Explanation: Secularism has been defined as the equal protection by the state to all religions. Secularism is hostile to religious fundamentalism, not religion per se. Indian secularism is fundamentally different from western secularism. A secular state may interfere in religious matters to bring about social reform. Indian model of secularism is often criticized on the grounds of Vote bank politics, Minorities, Anti-religious, Western import. Ans:76)(b) Ans:77)(d) Ans:78)(d) Ans:79)(c) Ans:80)(b) Explanation: The movement emerged from Naxalbari region of West Bengal in Ans:81)(d) Ans:82)(d) Explanation: Women s active participation in the Chipko agitation was a very novel aspect of the

9 movement. The forest contractors of the region usually doubled up as suppliers of alcohol to men. Women held sustained agitations against the habit of alcoholism and broadened the agenda of the movement to cover other social issues. Ans:83)(a) Ans:84)(d) Ans:85)(b) Explanation: He compiles and maintains the accounts of state governments. In 1976, he was relieved of his responsibilities with regard to the compilation and maintenance of accounts of the Central Government due to the separation of accounts from audit, that is, departmentalisation of accounts. Ans:86)(c) Explanation: Governor is immune from criminal proceedings only. After giving two months notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts. Ans:87)(d) Explanation: The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State: 1. To secure opportunities for healthy development of children (Article 39). 2. To promote equal justice and to provide free legal aid to the poor (Article 39 A). 3. To take steps to secure the participation of workers in the management of industries (Article43 A). 4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A). The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities (Article 38). Again, the 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years. The 97th Amendment Act of 2011 added a new Directive Principle relating to co-operative societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies (Article 43B). Ans:88)(b) Explanation: The constitutional provision granting the Power to the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction, was inspired from Australian constitution which despite being federal constitution keeps national interest and international commitment over and above the federal sentiments. USSR constitution inspired fundamental duties. The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee. Canadian constitution inspired Distribution of powers between the central government and state governments, thus providing for more powerful union government vis a vis state government compared to other federal political systems. Ans:89)(c) Explanation: As per section 21 of Consumer Protection Act 1986, District Forum will have jurisdiction to consider a complaint, if the value of the goods is not more than 20 Lakh, so it is incorrect while all three options are correct. Ans:90)(a) The President can transfer a judge from one high court to another after consulting the Chief Justice of India. The salaries and allowances of the judges, the salaries, allowances and pensions of the staff as well as the administrative expenses of a high court are charged on the consolidated fund of the state. It should be noted here that the pension of a high court judge is charged on the Consolidated Fund of India and not the state. Ans:91)(d) Ans:92)(a) Explanation: An Appropriation Bill or Running Bill or Supply Bill is a legislative motion (bill that authorises the government to spend money. In most democracies, approval of the legislature is necessary for the government to spend money. Ans:93)(d) Explanation: Through 44th Amendment Act, President can sent back the matter for consideration by the cabinet once Ans:94)(d) Ans:95)(c) Explanation: Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity. It also organizes Lok Adalats for agreeable settlement of disputes. It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country. It directs every State; State Legal Services Authority has been constituted which are monitored by the National Legal Services Authority. Ans:96)(a) Explanation: Cooperative federalism is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems. Inter State Council offers a platform to solve common problems. Prime Minister is the chairman of council. Ans:97)(d) Ans:98)(c) Ans:99)(a) Ans:100)(a) Explanation: President of India cause every recommendation made by Finance Commission before every House of Parliament. 9