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9. Which of the following are some of the • Dictatorship of the Cabinet: When the
drawbacks of the Parliamentary System? ruling party enjoys absolute majority in
the Parliament, the cabinet becomes
1. Wide Representation
autocratic and exercises nearly unlimited
2. Dictatorship of the Cabinet powers.
3. Government by amateurs • Against Separation of Powers: In the
4. Responsible Government parliamentary system, the legislature and
the executive are together and
How many of the above statements are correct?
inseparable. The cabinet acts as the leader
A. 1 only of the legislature as well as the executive.
B. 2 only
• Government by Amateurs: The of individuals (i.e., ministers who are
parliamentary system is not conducive to representatives of the people). Hence, it is
administrative efficiency as the ministers possible to provide representation to all
are not experts in their fields. The Prime sections and regions in the government.
Minister has a limited choice in the Source: Laxmikant (Parliamentary System).
selection of ministers; his choice is
restricted to the members of Parliament
alone and does not extend to external 10. Consider the following with reference to the
talent. effect of the National emergency on fundamental
rights:
Hence, option B is correct.
1. When a proclamation of National
The parliamentary system of government has the
following merits: emergency is made 6 rights under
article 19 are automatically suspended.
• Harmony Between Legislature and
2. In case National emergency is
Executive: The executive is a part of the
proclaimed on the ground of external
legislature and both are interdependent at
aggression, fundamental rights under
work. As a result, there is less scope for
article 19 are not suspended.
disputes and conflicts between the two
organs. 3. The President in such times is also
empowered to suspend the right to
• Responsible Government: By its very
move any court for enforcement of any
nature, the parliamentary system
fundamental rights except article 20
establishes a responsible government. The
and article 21.
ministers are responsible to the Parliament
for all their acts of omission and Which of the statements given above is/are
commission. correct?
• Where the ruling party enjoying Which of the statements given above is/are
majority support in the assembly has correct?
suffered a massive defeat in the A. 1 and 2 only
general elections to the Lok Sabha such B. 2 and 3 only
as in 1977 and 1980.
C. 1 and 3 only
• Internal disturbances not amounting to
D. 1, 2 and 3
internal subversion or physical
breakdown. Answer: D
• Any such direction may include a Statement 3 is correct: In addition, the act has
provision requiring also added a new Eleventh Schedule to the
Constitution. This schedule contains 29
o the reduction of salaries and
functional items of the panchayats. It deals
with Article 243-G. Hence, statement 3 is D. It is a body of representatives elected
correct. by people who are residents of the
village.
Statement 2 is correct: The act has given a
practical shape to Article 40 of the Answer: A
Constitution which says that, “The State shall Explanation:
take steps to organize village panchayats and
• The 73rd CAA is a significant
endow them with such powers and authority
landmark in the evolution of grassroot
as may be necessary to enable them to
democratic institutions in the country.
function as units of self-government.” This
article forms a part of the Directive Principles • It transfers representative democracy
of State Policy. Hence, statement 2 is correct. into participatory democracy. It is a
Additional info: revolutionary concept to build
democracy at the grassroot level in the
The act gives a constitutional status to the country.
panchayati raj institutions. It has brought
them under the purview of the justiciable part • The act provides for a Gram Sabha as
of the Constitution. In other words, the state the foundation of the panchayati raj
governments are under constitutional system.
obligation to adopt the new panchayati raj • It is a body consisting of persons
system in accordance with the provisions of registered in the electoral rolls of a
the act. Consequently, neither the formation village within the area of Panchayat at
of panchayats nor the holding of elections at the village level.
regular intervals depend on the will of the
• Thus, it is a village assembly consisting
state government any more. Hence, statement
of all the registered voters in the area
1 is correct.
of a panchayat. It may exercise such
Source: Laxmi Kant (73rd CAA). powers and perform such functions at
the village level as the legislature of a
state determines. Hence, option A is
14. Which of the following is correct
correct.
regarding 'Gram Sabha'?
Source: Laxmi kant (73rd CAA).
A. It is a body consisting of people
registered in electoral rolls of the
village. 15. Consider the following with reference to
B. It is a body consisting of people who Finances of Rural Local Bodies:
are residents of the village. 1. Governor of the state is obliged to set
C. It is a body of representatives elected up a state finance commission every 5
by people registered in electoral rolls years to review the financial position of
of the village. panchayats.
2. The central finance commission is not
allowed to look into the distribution of
finances between State Government The principles that should govern:
and local governments. • The distribution between the state and
Which of the statements given above is/are the panchayats of the net proceeds of
correct? the taxes, duties, tolls and fees levied
A. 1 only by the state and allocation of shares
• Such other factors as he may deem fit. 6. Social forestry and farm forestry
18. Technical training and vocational • The Annual Financial Statement, also
education known as the Union Budget, is a
critical document that outlines the
19. Adult and non-formal education
government's plans for revenue
20. Libraries (Falls under 11th schedule) collection and expenditure for the
21. Cultural activities upcoming financial year.
21. Consider the following statements • Joint Sittings are called when the Lok
regarding joint sitting of Indian Parliament. Sabha and the Rajya Sabha are unable
to agree on the passage of a bill, and
1. The quorum to constitute a joint sitting
the bill is returned by the Rajya Sabha
is 1/10th of the total membership of
to the Lok Sabha with
Parliament.
recommendations for changes.
• In a Joint Sitting, the Lok Sabha and the Which of the above statements is/are
Rajya Sabha sit together as a single correct?
legislative body, with Members of A. 1 only
Parliament (MPs) from both Houses
B. 2 only
participating in the proceedings.
C. 3 only
• The bill is discussed and debated by
the MPs, and a vote is taken on its D. None of the above
passage. In a Joint Sitting, a bill is Answer: A
considered to have been passed if it
receives the support of a majority of Statement 1 is correct: The 44th Amendment
the total membership of both Houses Act allowed the media to publish the true
of Parliament. reports of the parliamentary proceedings
except the same related to the house’s secret
• Joint Sittings are a rare occurrence in sitting.
Indian parliamentary history, and
have only been held three times since Statement 2 is incorrect: No person (either a
the adoption of the Constitution in member or outsider) can be arrested, and no
1950. Joint Sittings are considered to be legal process (civil or criminal) can be served
a measure of last resort, and are used within the precincts of the House without the
only when the Lok Sabha and the Rajya permission of the presiding officer
Sabha are unable to resolve their Statement 3 is incorrect: Members of
differences through normal legislative Parliament are exempted from jury service in
procedures. civil cases.
22. Consider the following statements 23. Consider the following statements
regarding Parliamentary privileges. regarding the Sansad Nidhi Yojana.
1. The 44th Amendment Act allowed the 1. The scheme is administered by the
media to publish the true reports of the Ministry of Rural Development.
parliamentary proceedings except the
2. The district authority must inspect at
same related to the house’s secret
least 10% of all works under
sitting.
implementation every year.
2. No person (either a member or
3. The funds under Yojana are sanctioned
outsider) can be arrested, and no legal
on an yearly basis and the unused
process (except other than criminal)
funds cannot be carried forward to the
can be served within the precincts of
next year.
the House without the permission of
the presiding officer. Which of the above statements is/are
correct?
3. Members of Parliament are not
A. 1 only
exempted from jury service in civil
cases. B. 2 only
C. 3 only • Communication
D. All of the above State List Subjects:
Answer: B • Some of the important subjects are:
Explanation: • Public order
Statement 1 is incorrect: The scheme was • Police
administered by the Ministry of Rural
• Public health and sanitation
Development, but now it is administered by
the Ministry of Statistics and Programme • Hospitals and dispensaries
Implementation. • Betting and gambling
Statement 2 is correct: The district authority
must inspect at least 10% of all works under
25. Which of the following committees made a
implementation every year.
pitch for the establishment of a permanent Inter-
Statement 3 is incorrect: Funds are non- State Council?
lapsable in nature i.e. in case of non-release of
A. Arun Goel Committee
funds in a particular year it is carried forward
to the next year. B. Rajiv Mehrishi
C. Sarkaria Commission
Explanation:
• Option A, B and C all are correct. 28. Consider the following statements with
Hence Option d is the correct answer. reference to the Territory of India’ and ‘Union of
India’:
1. Parliament may by law admit into the
27. Consider the following statement with
Union, or establish, new States on such
reference to All India Services:
terms and conditions as it thinks fit.
1. Cadre controlling authority for
2. For creation or destruction of a state
deputation of Indian Police Service
the permission from the concerned
and Indian Forest Service Officers
state is mandatory under Indian
(IFoS) is the Ministry of Home Affairs
Constitution.
(MHA) and the Environment Ministry
respectively. Which of the above statements is/are correct?
Constitutional Amendment Act of 1971 33. Which of the following Directive Principles of
made it obligatory for the President to State Policy in Part 4 of the Indian Constitution
give assent to a constitutional were added later by an amendment to the
amendment bill. constitution?
1. Charter act of 1813 legalized the British B. It separated the legislative and
colonization of India executive functions of the Governor-
General’s council.
2. The charter act of 1833 ended the
monopoly of the East India Company C. It introduced an open competition
in India system of selection and recruitment of
civil servants.
Which of the statements given above is/are
correct? D. None of the above
A. 1 only Answer: D
B. 2 only Explanation:
• vice president to the council and his 1. It recognized the political and
assent is required for all legislative administrative functions of the
actions. It established a separate Company
Governor-General’s legislative 2. It laid the foundations of central
council which came to be known as administration in India.
the Indian (Central) Legislative
3. It designated the Governor of Bengal
Council. This legislative wing of the
as the ‘Governor-General of Bengal’
council functioned as a mini-
Parliament, adopting the same Which of the statements given above is/are
procedures as the British Parliament. correct?
• It was the first step taken by the British A. Indian Councils Act 1861
Government to control and regulate B. Indian Councils Act 1892
the affairs of the East India Company
C. Indian Councils Act 1909
in India
D. Government of India Act 1919
• It designated the Governor of Bengal
as the ‘Governor-General of Bengal’ Answer: A
and created an Executive Council of Explanation:
four members to assist him. The first
• Indian Councils Act 1861 gave
such Governor-General was Lord
recognition to the ‘portfolio system’ of
Warren Hastings.
Lord Canning
• It provided for the establishment of a
• The Indian Councils Act 1861 was an
Supreme Court at Calcutta (1774)
Act of the Parliament of the United
comprising one chief justice and three
Kingdom that transformed India’s
other judges.
executive council to function as a
• It prohibited the servants of the cabinet run on the portfolio system.
Company from engaging in any
• It was introduced because the British
private trade or accepting presents or
Government wanted to involve the
bribes from the ‘natives’.
Indian people with the process of law
• It strengthened the control of the making. This Act was passed on 1st
British Government over the August 1861.
Company by requiring the Court of
• Main provisions of the Act:
Directors (governing body of the
Company) to report on its revenue, o It made a beginning of
civil, and military affairs in India. representative institutions by
associating Indians with law-
• It made the governors of Bombay and
making
Madras presidencies subordinate to
the Governor General of Bengal, o Viceroy nominated some Indians as
unlike earlier, when the three non-official members of his
presidencies were independent of one expanded council
another. ▪ Lord Canning nominated- Raja
• It was the Pitt's India Act which of Benaras, the maharaja of
distinguished between the Patiala and Sir Dinkar Rao
commercial and political functions of o Restored legislative making
the Company powers of Bombay and Madras
o Establishment of new Legislative
councils for Bengal, North-Western engagement of Indians with respect to
Frontier Province and Punjab the administration in British India.
o Viceroy could make provisions for • Statement 2 is correct: The act created
convenient transactions of business the stage for the development of
in the council. revolutionary forces in India
o It gave recognition to the ‘portfolio • Statement 3 is correct: It was the first
system’ of Lord Canning step towards the representative
o Ordinances could be issued by the government in modern India.
Viceroy without the concurrence of • Statement 4 is incorrect: Under India
the council during an emergency. Councils Act 1861 the Indian
However, the life of such an members were not eligible to oppose
ordinance was six months. any bill and most often the bills were
passed in one sitting without
discussion.
41. Consider the following statement with
reference to Indian Councils Act, 1892: Additional Information:
3. It was the first step towards • Most notably, the act expanded the
representative government in modern number of members in the central and
India. provincial councils.
4. The Indian members were not eligible • Main provisions of the Act:
to oppose any bill o Increased non-official members in
Which of the statements given above is/are the council
correct? ▪ Bombay – 8
A. 1 and 2 only ▪ Madras – 20
B. 3 and 4 only ▪ Bengal – 20
C. 1, 2 and 3 only ▪ North-Western province -15
D. 4 only ▪ Oudh – 15
Answer: C ▪ Central Legislative Council
Explanation: minimum – 10, maximum 16
1. Fraternity D. 1, 2 and 3
2. Equality Answer: A
3. Republic Explanation:
2. The freedom of conscience of a person • Also, this does not include a right to
can be restricted on the basis that it convert another person to one’s own
goes against public morality. religion. Forcible conversions impinge
on the ‘freedom of conscience’
3. The state can make a law to regulate guaranteed to all the persons alike.
any secular activity associated with
religious practice related to such a
conscience. 59. Which of the following is an accurate
difference between rights under Article 25
Which of the statements given above is/are
and Article 26?
correct?
1. Article 25 protects individual religious
A. 1 and 2 only
rights while Article 26 protects
B. 2 and 3 only collective religious rights.
C. 1 and 3 only 2. Rights under Article 25 can be
D. 1, 2 and 3 restricted on the basis of public
morality while that is not the case for
Answer: D
Article 26.
Explanation:
Which of the statements given above is/are
correct?
A. 1 only 1. It is a constitutional right.
B. 2 only 2. It is part of the basic structure of the
constitution.
C. Both 1 and 2
3. Article 31B can be said to be against the
D. Neither 1 nor 2
right of private property.
Answer: A
Which of the statements given above is/are
Explanation: correct?
• Article 25 says that all persons are A. 1 and 2 only
equally entitled to freedom of
B. 2 and 3 only
conscience and the right to freely
profess, practice and propagate C. 1 and 3 only
religion. D. 1, 2 and 3
According to Article 26, every religious
denomination or any of its section shall Answer: C
have the following rights:Right to Explanation:
establish and maintain institutions for • Originally, the right to property was
religious and charitable purposes; one of the seven fundamental rights
• Right to manage its own affairs in under Part III of the Constitution. It
matters of religion; was dealt by Article 19(1) (f) and
Article 31.
• Right to own and acquire movable and
Since the commencement of the
immovable property; and
Constitution, the Fundamental Right
• Right to administer such property in to Property has been the most
accordance with law. controversial. It has caused
• Article 25 guarantees rights of individuals, confrontations between the Supreme
while Article 26 guarantees rights of Court and the Parliament. It has led to
religious denominations or their sections. a number of Constitutional
In other words, Article 26 protects amendments, that is, 1st, 4th, 7th, 25th,
collective freedom of religion. Hence, 39th, 40th and 42nd Amendments.
statement 1 is correct. • Through these amendments, Articles
• Like the rights under Article 25, the rights 31A, 31B and 31C have been added and
under Article 26 are also subject to public modified from time to time to nullify
order, morality and health but not subject the effect of Supreme Court
to other provisions relating to the judgements and to protect certain laws
Fundamental Rights. Hence, statement 2 is from being challenged on the grounds
incorrect. of contravention of Fundamental
Rights (i.e. right to property). Most of
the litigation centered around the
60. Consider the following with reference to obligation of the state to pay
right to property in the Indian Constitution. compensation for acquisition or
requisition of private property. Hence, C. 1-iii, 2-ii, 3-i
statement 3 is correct. D. 1-iii, 2-i, 3-ii
• Therefore, the 44th Amendment Act of Answer: B
1978 abolished the right to property as
a Fundamental Right by repealing Explanation:
Article 19(1) (f) and Article 31 from EXCEPTIONS TO FUNDAMENTAL
Part III. Instead, the Act inserted a new RIGHTS
Article 300A in Part XII under the • Saving of Laws Providing for
heading ‘Right to Property’. It Acquisition of Estates, etc. Article
provides that no person shall be 31A16 saves five categories of laws
deprived of his property except by from being challenged and invalidated
authority of law. Thus, the right to on the ground of contravention of the
property still remains a legal right or a fundamental rights conferred by
constitutional right, though no longer Article 14 (equality before law and
a fundamental right. Hence, statement equal protection of laws) and Article 19
1 is correct. (protection of six rights in respect of
• It is not a part of the basic structure of speech, assembly, movement, etc.).
the Constitution. Hence, statement 2 is They are related to agricultural land
incorrect. reforms, industry and commerce and
include the following:
• Acquisition of estates17 and related
61. Match the following.
rights by the State;
Taking over the management of
Article Purpose
properties by the State;
Amalgamation of corporations;
1. Article i. Saving Laws added in 9th Extinguishment or modification of
31A schedule rights of directors or shareholders of
corporations; and
2. Article ii. Saving Laws providing • Extinguishment or modification of
31B for acquisition of estates mining leases.
Validation of Certain Acts and
Regulations Article 31B saves the acts
3. Article iii. Saving laws giving effect
and regulations included in the Ninth
31C to directive principles in the
Schedule18 from being challenged and
constitution
invalidated on the ground of
contravention of any of the
Choose the correct answer
fundamental rights. Thus, the scope of
A. 1-i, 2-ii, 3-iii Article 31B is wider than Article 31A.
B. 1-ii, 2-i, 3-iii Article 31B immunizes any law
included in the Ninth Schedule from
all the fundamental rights whether or • No Social and Economic Rights The list
not the law falls under any of the five is not comprehensive as it mainly
categories specified in Article 31A. consists of political rights. It makes no
provision for important social and
• Saving of Laws Giving Effect to
economic rights like right to social
Certain Directive PrinciplesArticle
security, right to work, right to
31C, as inserted by the 25th
employment, right to rest and leisure
Amendment Act of 1971, contained the
and so on
following two provisions:
No Clarity: They are stated in a vague,
No law that seeks to implement the
indefinite and ambiguous manner. The
socialistic directive principles specified
various phrases and words used in the
in Article 39(b) or c) shall be void on
chapter like ‘public order’, ‘minorities’,
the ground of contravention of the
‘reasonable restriction’, ‘public
fundamental rights conferred by
interest’ and so on are not clearly
Article 14 (equality before law and
defined.
equal protection of laws) or Article 19
(protection of six rights in respect of • No Permanency: They are not
speech, assembly, movement, etc.) sacrosanct or immutable as the
Hence, option B is the correct one. Parliament can curtail or abolish them,
as for example, the abolition of the
fundamental right to property in 1978.
62. Which of the following is not a criticism Suspension During Emergency: The
generally done of fundamental rights in the suspension of their enforcement
Indian constitution? during the operation of National
A. Excessive Limitations Emergency (except Articles 20 and 21)
is another blot on the efficacy of these
B. Broad scope
rights.
C. Suspension during Emergency
• Expensive Remedy: The judiciary has
D. Expensive Remedy been made responsible for defending
Answer: B and protecting these rights against the
interference of the legislatures and
Explanation:
executives.
• The Fundamental Rights enshrined in Preventive Detention: The critics assert
Part III of the Constitution have met that the provision for preventive
with a wide and varied criticism. The detention (Article 22) takes away the
arguments of the critics are spirit and substance of the chapter on
Excessive Limitations: They are fundamental rights.
subjected to innumerable exceptions,
• No Consistent: Philosophy According
restrictions, qualifications and
to some critics, the chapter on
explanations.
fundamental rights is not the product
of any philosophical principle
Hence, option B is the correct one. nullity. It is the very soul of the
Constitution and the very heart of it’.
The Supreme Court has ruled that
63. Consider the following with reference to Article 32 is a basic feature of the
the right to constitutional remedies under
Constitution. Hence, it cannot be
article 32.
abridged or taken away even by way
1. It empowers supreme court and high of an amendment to the Constitution.
court to issue writs for enforcement of
• It contains the following four
the fundamental rights.
provisions:
2. The right to move to any court for the
o The right to move the Supreme
enforcement of fundamental rights can
Court by appropriate
be suspended by the president during
proceedings for the
a national emergency.
enforcement of the
Which of the statements given above is/are Fundamental Rights is
correct? guaranteed. Hence, statement 1
A. 1 only is incorrect. The right to move
the High court for enforcement
B. 2 only
of fundamental rights is
C. Both 1 and 2 guaranteed under Article 226.
D. Neither 1 nor 2 • The Supreme Court shall have power
Answer: C to issue directions or orders or writs for
the enforcement of any of the
Explanation:
fundamental rights. The writs issued
• A mere declaration of fundamental may include habeas corpus,
rights in the Constitution is mandamus, prohibition, certiorari and
meaningless, useless and worthless quo-warranto.
without providing an effective
• Parliament can empower any other
machinery for their enforcement, if
court to issue directions, orders and
and when they are violated.
writs of all kinds. However, this can be
• Hence, Article 32 confers the right to done without prejudice to the above
remedies for the enforcement of the powers conferred on the Supreme
fundamental rights of an aggrieved Court. Any other court here does not
citizen. In other words, the right to get include high courts because Article 226
the Fundamental Rights protected is in has already conferred these powers on
itself a fundamental right. This makes the high courts. (d) The right to move
the fundamental rights real. That is the Supreme Court shall not be
why Dr. Ambedkar called Article 32 as suspended except as otherwise
the most important article of the provided for by the Constitution. Thus
Constitution – ‘an article without the Constitution provides that the
which this constitution would be a President can suspend the right to
move any court for the enforcement of 1. Fundamental Rights are absolute
fundamental rights during a national 2. Positive FRs entail limitations on the
emergency (Article 359). Hence, government
statement 2 is correct.
3. FRs are justiciable in nature
Which of the statements given above is/are
64. The Constitution of India provides for correct?
six Fundamental Rights. Consider the
following FRs and the associated articles: A. 1 and 2 only
Ordinance
92. Consider the following statements with Ordinance Making
Making Power of
reference to Ordinance Making Power of Power of Governor
President
Governor:
1. Governor can roll-out an ordinance
He can promulgate
for only those matters on which state
ordinance when the
legislature can make laws
He can Legislative Assembly
2. His power to promulgate ordinance is promulgate is not in session in
a discretionary power. ordinance when case of the
3. His ordinances have the same effect on either Lok Sabha unicameral
policies as state’s acts will have or Rajya Sabha is legislature or when
not in session or both Legislative
Which of the above is/are correct?
if both are not in assembly and council
A. 1 only session are not in session in
B. 2 and 3 only case of a bicameral
legislature
C. 2 only
D. 1 and 3 only
He can roll-out an
Answer: D ordinance for He can roll-out an
Explanation: only those ordinance for only
matters on which those matters on
Statement 1 is correct: Governor can roll-out
Parliament (Lok which state
an ordinance for only those matters on which
Sabha & Rajya legislature can make
state legislature can make laws
Sabha) can make laws
Statement 2 is incorrect: His power to laws
promulgate ordinance is not a discretionary
power. Council of Ministers’ (headed by CM)
His ordinances have
advice is a prerequisite
the same effect on
Statement 3 is correct: His ordinances have policies as state’s acts
the same effect on policies as state’s acts will His ordinances
will have. If his
have. have the same
ordinance legislates
effect on policies
Additional info: on matters which
as parliament’s
state government has
Article 213 deals with the power of the acts will have
no power on, the
Governor to legislate through ordinances. His
ordinance stands null
power of ordinance making is quite similar to
and void
the President’s power. The comparisons
The ordinance
The ordinance 93. Consider the following statements regarding
introduced by
introduced by him fifth schedule of the Indian Constitution:
him can be
can be withdrawn
withdrawn 1. It is valid for every state
anytime
anytime 2. It deals with tribals areas and scheduled
tribes
His power to Which of the statements is/are correct?
His power to
promulgate
promulgate A. 1 only
ordinance is not a
ordinance is not a B. 2 only
discretionary
discretionary power.
power. Council of C. both the statements
Council of Ministers’
Ministers’
(headed by CM) D. none of the above
(headed by PM)
advice is a pre- Answer: D
advice is a pre-
requisite
requisite Explanation:
• Article 244 in Part X of the Constitution
President’s envisages a special system of
instructions on the administration for certain areas designated
following three cases as ‘scheduled areas’ and ‘tribal areas’.
are must:
• The Fifth Schedule of the Constitution
If a bill containing the deals with the administration and control
same provisions of scheduled areas and scheduled tribes in
would have required
any state except the four states of Assam,
the previous sanction
of the President for its Meghalaya, Tripura and Mizoram. Thus
introduction into the both the statement are incorrect
No instructions
state legislature Additional info:
are needed by
If he would have
President’s when • The Sixth Schedule of the Constitution, on
deemed it necessary
he promulgates the other hand, deals with the
to reserve a bill
an ordinance containing the same administration of the tribal areas in the four
provisions for the northeastern states of Assam, Meghalaya,
consideration of the Tripura and Mizoram
President
Fifth Schedule
If an act of the state
legislature containing • Declaration of Scheduled Areas: The
the same provisions president is empowered to declare an area
would have been to be a scheduled area. He can also increase
invalid without or decrease its area, alter its boundary lines,
receiving the rescind such designation, or make fresh
President’s assent
orders for such designation on an area in
consultation with the governor of the state B. Ministry of Home Affairs
concerned. C. Parliament
• Executive Power of State and Centre: The D. Governor of the State
executive power of a state extends to the
scheduled areas therein. But the governor Answer: D
has a special responsibility regarding such Explanation:
areas. He has to submit a report to the Law applicable to Scheduled Areas under Fifth
president regarding the administration of Schedule : The governor is empowered to direct
such areas, annually or whenever so that any particular act of Parliament or the state
required by the President. legislature does not apply to a scheduled area or
• Tribes Advisory Council: Each state having apply with specified modifications. Thus option D
scheduled areas has to establish a tribes is correct
advisory council to advise on welfare and Additional info:
advancement of the scheduled tribes.
• Article 244 in Part X of the Constitution
• A similar council can also be established in envisages a special system of
a state having scheduled tribes but not administration for certain areas designated
scheduled areas therein, if the president so as ‘scheduled areas’ and ‘tribal areas’.
directs.
• The Fifth Schedule of the Constitution
• Law applicable to Scheduled Areas: The deals with the administration and control
governor is empowered to direct that any of scheduled areas and scheduled tribes in
particular act of Parliament or the state any state except the four states of Assam,
legislature does not apply to a scheduled Meghalaya, Tripura and Mizoram. Thus
area or apply with specified modifications both the statement are incorrect
and exceptions. He can also make
• Fifth Schedule
regulations for the peace and good
government of a scheduled area after o Declaration of Scheduled Areas:
consulting the tribes advisory council. The president is empowered to
declare an area to be a scheduled
• The Constitution requires the president to
area. He can also increase or
appoint a commission to report on the
decrease its area, alter its boundary
administration of the scheduled areas and
lines, rescind such designation or
the welfare of the scheduled tribes in the
make fresh orders for such
states
designation on an area in
Source – Notes, Laxmikanth. consultation with the governor of
the state concerned.
A. 1 only Answer: A
Explanation: C. 1 and 3 only
Statement 1 is correct: Retired Judge - At any time, D. All of the above
the CJI can request a retired judge of the SC or a
Answer: C
retired judge of a HC (who is duly qualified for
appointment as a judge of SC) to act as a judge of Explanation:
SC for a temporary period. He can do so only with • Statement 3 is correct: A judge of the
the previous consent of the President and also of Supreme Court can be removed from his
the person to be so appointed. Such a judge is Office by an order of the president.
entitled to such allowances as the President may
• Statement 2 is incorrect: The President can
determine issue the removal order only after an
Statement 2 is incorrect: Ad hoc Judge - When address by Parliament has been presented
there is a lack of quorum of the permanent judges, to him in the same session for such
the CJI can appoint a judge of a High Court as an removal.
ad hoc judge of SC for a temporary period. He can • The address must be supported by a special
do so only after consultation with the chief justice majority of each House of Parliament (ie, a
of the High Court concerned and with the previous majority of the total membership of that
consent of the President. The judge so appointed House and a majority of not less than two-
should be qualified for appointment as a judge of thirds of the members of that House
the Supreme Court. present and voting). The grounds of
Additional info: Acting CJI - A judge of the SC can • removal are two–proved misbehaviour or
be appointed as an acting CJI by the President in incapacity
case of temporary vacancy, absence or inability of
• Statement 1 is correct: The Judges Enquiry
CJI to perform his duties.
Act (1968) regulates the procedure relating
Source – Notes, Laxmikanth. to the removal of a judge of the Supreme
Court by the process of impeachment:
97. Consider the following statements regarding o A removal motion signed by 100
removal of judge: members (in the case of Lok Sabha)
or 50 members (in the case of Rajya
1. Process of impeachment has been framed
Sabha) is to be given to the
under Judges Enquiry Act, 1968
Speaker/Chairman.
2. Judge can be removed only if collegium of
o The Speaker/Chairman may admit
supreme court recommend government to
the motion or refuse to admit it.
start the process
o If it is admitted, then the
3. Judge of Supreme court is removed by
Speaker/Chairman is to constitute
President
a three-member committee to
Which of the statements is/are correct? investigate into the charges.The
A. 1 and 2 only committee should consist of
B. 2 and 3 only
▪ (a) the chief justice or a high court and a hierarchy of subordinate
judge of the Supreme Court, courts. The high court occupies the top
position in the judicial administration of a
▪ (b) a chief justice of a high
state.
court, and
Strength of HC –
▪ (c) a distinguished jurist
• Statement 1 is incorrect: Every high
o If the committee finds the judge to
court (whether exclusive or common)
be guilty of misbehaviour or
consists of a chief justice and such
suffering from an incapacity, the
other judges as the President may
House can take up the
from time to time deem necessary to
consideration of the motion.
appoint. (In case of SC, Parliament
o After the motion is passed by each decides). Also note their is no such
House of Parliament by special ministry with name Ministry of Legal
majority, an address is presented to Affairs, it's ministry of law and justice
the President for removal of the
• Thus, the Constitution does not
judge.
specify the strength of a high court
o Finally, the President passes an
• Statement 2 is correct: Under Original
order removing the judge.
Jurisdiction, HC has power to punish for
Source – Notes, Laxmikanth. contempt of court. Under Contempt of
Courts Act, 1971, a High Court shall have
jurisdiction to inquire into or try a
98. Consider the following statements:
contempt of itself or of any court
1. The strength of High Court are specified by subordinate to it, whether the contempt is
the Ministry of Legal Affairs alleged to have been committed within or
2. High court also has a power to punish over outside the local limits of its jurisdiction,
contempt of court and whether the person alleged to be guilty
of contempt is within or outside such
Which of the statements given above is / are
limits.
correct?
Additional info:
A. Only 1
Other power of HC
B. Only 2
• Matters of admiralty, will, marriage,
C. Both 1 and 2
divorce, company laws and contempt
D. Neither 1 nor 2 of court.
Answer: B • Disputes relating to the election of
• In the Indian single integrated judicial members of Parliament and state
system, the high court operates below the legislatures.
Supreme Court but above the subordinate • Regarding revenue matters or an act
courts. The judiciary in a state consists of a ordered or done in revenue collection.
• Enforcement of fundamental rights of • This power of superintendence of a
citizens. high court is very broad because –
• Cases ordered to be transferred from a • It extends to all courts and tribunals
subordinate court involving the whether they are subject to appellate
interpretation of the Constitution to • jurisdiction of HC or not
its own file.
• It covers not only administrative
• The four high courts (i.e., Calcutta, superintendence but also judicial
Bombay, Madras and Delhi High superintendence;
Courts) have original civil jurisdiction
in cases of higher value. • It is a revisional jurisdiction; and