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Most Probable Questions for UPSC CSE Prelims 2023 - Polity

1. Defamation
2. Article 136 vs Article 142
3. Minority Institutions criteria
4. Guillotine and Kangaroo closure
5. ECI
6. Deputy Speaker of the House
7. Doctrine of Laches; doctrine of territorial nexus; Doctrine of essential practices; Doctrine of Pith and
Substance
8. Article 19 - Freedom of Expression
9. National Political Party Benefits
10. Kesavananda Bharati Case - 50 Years
11. Law Commision - Extension of term
12. Sansad Adarsh Gram Yojna
13. NeVA
14. Appointment of Governor
15. Puisne Judges
16. DQs under RPA
17. Governor address to the State Legislature
18. Functions of CJI
19. Speakers powers
20. CBI/ED
21. Power to deregister a political party
22. Condition for Bill getting Lapsed
23. NHRC
24. section 144 of CrPC
25. Delimitation Commission
26. Anti-Defection law
27. Appointment and removal of ministers/cm
28. Transit Anticipatory Bail
29. Places Of Worship (Special Provisions) Act, 1991
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Q.1) With reference to defamation, consider the following statements:


1. Defamation is a criminal act under the provision of Indian constitution.
2. Defamation may be both civil and criminal as per the Indian statute.
3. Both Libel of court and contempt of court amount for defamation.
Which of the statements given above is/are correct?

a) 1 and 2 only
b) 2 and 3 only
c) 2 only
d) 1 and 3 only

Answer: (c)

Defamation:
● Defamation is dealt under Section 499 of the IPC. So, statement 1 is not correct.
● When someone makes or publishes an incorrect or inaccurate statement, accusation, or false
imputation about another person, whether through words, oral communication, visual cues, or
any other means, it is referred to as defaming that person.
● Three necessary factors must be present for defamation to occur in accordance with Section 499
of the IPC.
○ It must be made with the intent to injure the person against whom it is made; and
○ It must be made whether verbally, in writing, by signs, or visually.
○ Making such accusations public.
● Exceptions of Defamation:
○ Section 499 covers the definition of defamation and specific situations in which making a
remark about another person does not constitute defamation.
○ Defamation is exempt from the following situations:
■ Imputation of Truth That Must Be Made or Published for the Benefit of the
Public: It does not amount to defamation if a factual imputation or accusation is made
about a person. Nonetheless, it must be done in the public interest.
■ A Public Servant's Public Behaviour: It does not constitute defamation if an opinion
is made in good faith (Good intention) on how public employees behave while doing
their duties.
■ How Anybody Should Act While Answering a Public Question: It does not
amount to defamation if the opinion is made in good faith & about the behaviour of
people who engages in public discourse or performs official duties.
● For instance, it is not defamatory for publicists to participate in politics or
other concerns affecting the public in good faith.
■ Publishing reports of court proceedings: Posting a report of a court of justice's
proceedings or the outcome of those proceedings that is largely authentic does not
constitute defamation.
■ The Court's decision regarding the case's merits, witness behaviour, and other
factors related to the case:
● It is required to make an unfettered statement of the court rulings, jury
verdict, actions of the parties, and testimony of the witnesses.
● Hence, it is not defamatory to express an opinion about the merits of a case
that has been adjudged by a court of justice or about the behaviour of the
parties or witnesses.
■ Public Performance's Benefits:
● This exception includes critiques on books (published) on art, music, and
other subjects.
● Expressing an honest opinion about the benefits of a performance that its
creator has allowed a public judge is not considered slander.
■ Warning Designed to Serve the Interest of the Person to Whom Conveyed or the
Interest of the Public:
● Any warning or caution that is stated in good faith to another individual or to
the general public does not amount to defamation.
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● In India, defamation is categorized as either criminal or civil, and both types are covered by the
Indian Penal Code (IPC) and the Code of Civil Procedure (CPC). so, statement 2 is correct.
○ Under criminal defamation, individuals can be charged with an offense punishable by
imprisonment or a fine.
○ Civil defamation, on the other hand, involves filing a lawsuit seeking compensation for
damages caused by defamatory statements.
● Libel of court and Contempt of court:
○ Libel of Court: This refers to the defamation of the Judge personally
■ When the judge is personally defamed by any person then he can sue the person in
his own personal capacity and not as a judge of the court.
○ Contempt of Court is the act that hampers the administration of justice and causes
disrespect of the court.
■ The Supreme Court and the High Court have the power to punish for contempt of
itself under Article 129 and Article 215 of the Constitution, respectively. So,
statement 3 is not correct.
Therefore, option (c) is the correct answer.

Q.2) With regard to powers of Supreme court, consider the following statements:
1. A special leave petition must be filed within 30 days of HC’s refusal to grant the certificate of fitness for
appeal.
2. The constitution provides the Supreme court and high courts the power to enforce a decree or order for
doing complete justice.
3. The Supreme court has the discretion over acceptance or rejection of a special leave petition under the
constitution.
Which of the statements given above is/are correct?

a) 1 only
b) 1 and 3
c) 2 and 3
d) 3 only

Answer: (d)

Judiciary:
Article 136:
● The Supreme Court may, in its discretion, grant special leave to appeal from any judgment,
decree, determination, sentence or order in any cause or matter passed or made by any court or
tribunal in the territory of India. So, statement 3 is correct.
● A special leave petition must be filed within 90 days from the date of judgment, or it must be filed
within 60 days against the order of the High Court refusing to grant the certificate of fitness for
appeal to the Supreme Court. So, statement 1 is not correct.
Article 142:
● It deals with the Supreme Court's power to exercise its jurisdiction and pass an order for doing
complete justice in any cause or matter pending before it.
● It provides the apex court with a special and extraordinary power and is meant to provide justice to
litigants who have suffered traversed illegality or injustice in the course of legal proceedings.
● Article 142(1) states that “The Supreme Court in the exercise of its jurisdiction may pass such
decree or make such order as is necessary for doing complete justice in any cause or matter
pending before it, and any decree so passed or order so made shall be enforceable throughout the
territory of India in such manner as may be prescribed by or under any law made by Parliament and,
until provision in that behalf is so made, in such manner as the President may by order prescribe”.
● The constitution only provides this power to the Supreme Court under article 142 and not to High
Courts. So, statement 2 is not correct.
Therefore, option (d) is the correct answer.

Q.3) With reference to minority educational institutions, consider the following statements:
1. Minority educational institutions are excluded from the ambit of right to education act, 2009.
2. Minority institutions’ right to administer and maintain educational institutions is a constitutional right.
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Which of the statements given above is/are correct?

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer: (c)

Minority Educational Institutions:


● The Supreme Court has recently refused to entertain a petition questioning the exclusion of Vedic
schools and madrasas (Minority Educational Institutions (MEI)) from the ambit of the Right of
Children to Free and Compulsory Education (RTE) Act 2009.
● An amendment in August 2012 specifically inserted the exclusion of these institutions into the
2009 Act.
● Earlier, a report by the NCPCR highlighted the disproportionate number of minority institutions or
domination of the non-minority category in the minority institutions.
Legal provisions for MEI and RTE:
Right to Education under Article 21A:
● It describes the importance of free and compulsory education for children aged 6 to 14 years old
in India under Article 21 (A) of the Indian Constitution (added by 86th Amendment, 2003).
○ The Act requires a 25% reservation for disadvantaged sections of society, which include
the following disadvantaged groups: Scheduled Castes and Scheduled Tribes, Socially
Backward Class, and Differently-abled.
● Articles 29 and 30 of the Indian Constitution protect the rights of minorities and minority-run
institutions.
○ According to Article 30 of the Constitution, minority institutions have the fundamental
right to establish and administer their educational institutions according to their choice.
So, statement 2 is correct.
● In this regard, RTE was amended to include Sections 1(4) and 1(5) of the Act.
○ The RTE Act specifies in Section 1(5), "Nothing in this Act shall apply to madrasas, Vedic
pathshalas, and educational institutions primarily imparting religious instruction.". So,
statement 1 is correct.
○ The RTE states in Section 1(4), "Subject to the provisions of articles 29 and Article30 of the
Constitution, the provisions of this Act shall apply to the conferment of rights on children to free
and compulsory education."
Therefore, option (c) is the correct answer.

Q.4) With reference to parliamentary closure motions, consider the following statements:
1. Under guillotine closure, undiscussed clauses are put to vote along with discussed clauses of the bill.
2. Under kangaroo closure, only important clauses of the bill/resolution are discussed and voted.
Which of the above statements is/are not correct?

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer: (d)

Closure Motion:
● Closure Motion is introduced by a member to end the current debate in front of the house.
● If the majority of the house agrees then the current debate ends and put to vote even though all
the members are not finished with their speeches.
Types of Closure Motion:
● Simple Closure: If the matter is sufficiently discussed then the member might move a Simple
closure motion.
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● Closure by Compartments: For discussion, the bill or a resolution is grouped together into
compartments. Therefore a particular section or group of sections in a bill can be put to vote.
● Kangaroo Closure: When this type of closure motion is passed, only the important clauses of a bill
are discussed and voted. The remaining clauses are deemed to be passed. So, statement 2 is
correct.
● Guillotine Closure: When the time allocated for discussion of a particular bill or resolution is over, all
the undiscussed clauses are put to vote along with the discussed ones on the Guillotine. So,
statement 1 is correct.
Therefore, option (d) is the correct answer.

Q.5) With reference to Election Commission of India, consider the following statements:
1. The Election Commission has been a multi-member body since its establishment.
2. It has the power to adjudicate on the disputes relating to election symbols and political parties.
3. Election commission has the power to make provisions with respect to elections of state legislature and
parliament.
4. The constitution restricts the courts from interfering in electoral matters.
Which of the above statements is/are correct?

a) 1 and 4
b) 1, 2 and 4 only
c) 2 and 4 only
d) 2, 3 and 4 only

Answer: (c)

● The Election Commission of India (ECI) is an autonomous constitutional authority responsible for
administering Union and State election processes in India.
● It was established in accordance with the Constitution on 25th January 1950 as a single member
body. So, statement 1 is not correct.
● The secretariat of the commission is in New Delhi.
● The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies
in India, and the offices of the President and Vice President in the country.
○ It is not responsible to conduct the elections to panchayats and municipalities in the
states. For this, the Constitution of India provides for a separate State Election Commission.
Constitutional provisions related with Elections:
● Part XV (Article 324-329) of the Indian Constitution: It deals with elections and establishes a
commission for these matters.
○ Article 324: Superintendence, direction and control of elections to be vested in an
Election Commission.
○ Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special,
electoral roll-on grounds of religion, race, caste or sex.
○ Article 326: Elections to the House of the People and to the Legislative Assemblies of States
to be based on adult suffrage.
○ Article 327: Power of Parliament to make provision with respect to elections to
Legislatures.
○ Article 328: Power of Legislature of a State to make provision with respect to elections to
such Legislature. So, statement 3 is not correct.
○ Article 329: Bar to interference by courts in electoral matters. So, statement 4 is correct.
Advisory Jurisdiction & Quasi-Judicial Functions of Election commission of India:
● Under the Constitution, the Commission has advisory jurisdiction in the matter of post-election
disqualification of sitting members of Parliament and State Legislatures.
○ The opinion of the Commission in all such matters is binding on the President or, as the
case may be, the Governor to whom such opinion is tendered.
● Further, the cases of persons found guilty of corrupt practices at elections which come before
the SC and High Courts are also referred to the Commission for its opinion on the question as to
whether such person shall be disqualified and, if so, for what period.
● The Commission is vested with quasi-judicial power to settle disputes relating to splits/ mergers of
recognised political parties.
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● The Commission has the power to disqualify a candidate who has failed to lodge an account of his
election expenses within the time and in the manner prescribed by law.
● The Election Symbols (Reservation and Allotment) Order, 1968 empowers the EC to recognize
political parties and allot symbols.
○ Under Paragraph 15 of the Order, it can decide disputes among rival groups or sections of
a recognised political party staking claim to its name and symbol. So, statement 2 is
correct.
○ On disputes among rival groups, the Symbols Order, states that the EC is empowered to take
decision after considering all the available facts and circumstances of the case that one
rival section or group or none of such rival sections or groups is that recognized
political party.
○ The decision of the Commission shall be binding on all such rival sections/groups.
○ This applies to disputes between recognized national and state parties.
Therefore, option (c) is the correct answer.

Q.6) With regard to the deputy speaker of the house, consider the following statements:
1. The office of deputy Speaker is subordinate to the office of speaker.
2. He/She acts as the speaker of the house whenever there is a vacancy in the office.
3. He/She can be removed by the president on the recommendation of the speaker.
Which of the statements given above is/are correct?

a) 1 only
b) 1 and 3 only
c) 2 and 3 only
d) None of the above

Answer: (d)

Deputy Speaker of the House:


● Election:
○ In Lok Sabha, the election of Deputy Speaker is governed by Rule 8 of The Rules of
Procedure and Conduct of Business in Lok Sabha.
○ The Deputy Speaker is elected by the Lok Sabha from amongst its members by simple
majority right after the election of the Speaker.
● Time Frame:
○ The date of election of the Deputy Speaker is fixed by the Speaker.
○ The election of the Deputy Speaker usually takes place in the second session and is
generally not delayed further in the absence of genuine and unavoidable constraints.
● Term of Office and Removal:
○ Like the Speaker, the Deputy Speaker remains in office usually for the entire duration of
the House (5 years).
○ The Deputy Speaker may vacate his/her office earlier in any of the following three cases:
■ If he ceases to be a member of the Lok Sabha.
■ If he resigns by writing to the Speaker.
■ If he is removed by a resolution passed by a majority of all the then members of
the house. Such a resolution can be moved only after giving 14 days’ advance notice.
So, statement 3 is not correct.
● Position of the Deputy Speaker:
○ Under article 95:
■ The Deputy Speaker performs the duties of the Speaker’s office when it is
vacant and acts as the Speaker when the latter is absent from the sitting of the
House.
■ In both cases, he assumes all the powers of the Speaker but does not hold the
office of Speaker. So, statement 2 is not correct.
○ The Deputy Speaker is not subordinate to the Speaker. So, statement 1 is not correct.
■ He is directly responsible to the House.
Therefore, option (d) is the correct answer.
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Q.7) Consider the following pairs:


S.No Doctrine Meaning/nature/Characteristics

1. Territorial Nexus Based on the maxim that ‘equity aids the vigilant and not those
who slumber on their rights.’

2. Essential Practices The state can interfere in the matters intrinsic to a religion

3. Pith and substance The law is examined in its entirety and not as a collection of
clauses

4. Laches There must be a nexus between the object and the state for a law
to be extraterritorial.
How many pairs given above is/are correctly matched?

a) One pair only


b) Two pairs only
c) Three pairs only
d) All the four pairs

Answer: (a)

Doctrine of Pith and Substance:


● It arises when there is a conflict between different subject matters of different lists.
● This doctrine is inspired by the ‘Canadian Constitution’ and firmly supported by Article 246 of the
constitution.
● This doctrine has been elaborated by the Supreme Court in the F.N.Balsara Vs state of Bombay case,
1951.
● There can be circumstances in which the subject matter of list 1 clashes with the subject matter
of list 2. Hence, this doctrine is applied in this kind of situation.
● The main reason behind the adoption of this doctrine of pith and substance is that the powers of the
legislature would be severely limited if every law was to be declared invalid on the ground that it
infringes distribution of power.
● According to this doctrine, the law is examined in its entirety and not as a collection of clauses to
check its “true nature and character” in order to ascertain in what list it falls. So, pair 3 is correctly
matched.
● It provides a degree of flexibility. It is widely used in determining whether the state is within its power to
make a statute which involves a subject mentioned in the union list of the constitution.
● In Prafulla v. Bank of Commerce (1946), the SC held that a State law, dealing with money lending (a
State subject), is not invalid, merely because it incidentally affects promissory notes.
Doctrine of Territorial Nexus:
● Clause 1 of article 245 says, “Subject to the provisions of this Constitution, Parliament may make
laws for the whole or any part of the territory of India, and the Legislature of a State may make
laws for the whole or any part of the State”.
● The second clause says that “no law made by Parliament shall be deemed to be invalid on the
ground that it would have an extra-territorial operation”.
● According to Article 245(2), laws cannot be declared invalid on the ground that they are extraterritorial.
● Accordingly, the doctrine states that in order for a state law to have an extraterritorial operation,
there must be a nexus between the object and the State. So, pair 1 is not correctly matched.
Doctrine of Laches:
● Laches means delay. It is based on the maxim that “equity aids the vigilant and not those who
slumber on their rights.”. So, pair 4 is not correctly matched.
● It means that a legal right or claim will not be upheld or permitted if there is a long delay in asserting the
right or claim. Anybody who wants a remedy must come within a reasonable time before the court.
Doctrine of essential practice:
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● The essential practices doctrine owes its existence to a speech made by B.R. Ambedkar in the
Constituent Assembly.
● Ambedkar was striving to distinguish the religious from the secular, by arguing that the state should be
allowed to intervene in matters that are connected to religion but are not intrinsically religious.
So, pair 2 is not correctly matched.
● In 1954, the Supreme Court held in the Shirur Mutt case that the term “religion” will cover all rituals
and practices integral to a religion.
○ The test to determine what is integral is termed the “essential religious practices” test.
○ What constitutes the essential part of a religion is to be determined with reference to the
doctrines of that religion itself.
Therefore, option (a) is the correct answer.

Q.8) Which of the following is/are part of Freedom of Expression?


1. Freedom of commercial speech.
2. Right not to speak
3. Right to know about the candidates in the general Election.
4. Right to expression beyond national boundaries.
Select the correct answer using the codes given below:

a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2, 3 and 4

Answer: (d)
Freedom of Expression:
● This implies that all citizens have the right to express their views and opinions freely.
○ This includes not only word of mouth, but also a speech by way of writings, pictures,
movies, banners, etc.
○ The right to speech also includes the right not to speak. So, statement 2 is correct.
● The Supreme Court of India has held that participation in sports is an expression of one’s self and
hence, is a form of freedom of speech.
● In 2004, the SC held that hoisting the national flag is also a form of this freedom.
● Freedom of the press is an inferred freedom under this Article.
● This right also includes the right to access information because this right is meaningless when others
are prevented from knowing/listening.
○ It is according to this interpretation that the Right to Information (RTI) is a fundamental right.
○ In the case of Union of India v. Association for Democratic Reforms, it has been held that
the amended Electoral Reform Law passed by the Parliament was unconstitutional as it
violated the right of the citizens to know about their candidates under Article 19(1)(a) of
the Indian constitution. So, statement 3 is correct.
● The SC has also ruled that freedom of speech is an inalienable right adjunct to the right to life
(Article 21). These two rights are not separate but related.
● The right to freedom of speech and expression also includes the right to communicate, print and
advertise information. So, statement 1 is correct.
● In Maneka Gandhi v. Union of India,the Supreme Court analyzed whether Article 19(1)(a) of the
Indian Constitution was confined to the Indian territory and finally held that the freedom of speech
and expression was not confined to the national boundaries. It is available beyond national
boundaries. So, statement 4 is correct.
Therefore, option (d) is the correct answer.

Q.9) With reference to National Parties in India, consider the following statements:
1. A national party gets two free electoral rolls during roll revision.
2. A national party can nominate 40 star campaigners in a general election.
3. Government allocates land for the national party headquarters.
4. The expenses of star campaigners are not included in the election expenses of the candidate.
Which of the statements given above is/are benefits enjoyed by the national parties?
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a) 1 and 3 only
b) 1, 2 and 4 only
c) 2, 3 and 4 only
d) 1, 2, 3 and 4

Answer: (d)

National Party:
● As per the ECI’s Election Symbols (Reservation and Allotment) Order 1968, a political party would
be considered a national party if it fulfills any one of the below conditions:
○ It is ‘recognised’ in four or more states as a state party;
OR
○ Its candidates polled at least 6% of total valid votes in any four or more states in the last
Lok Sabha or Assembly elections and has at least four MPs in the last Lok Sabha polls;
OR
○ It has won at least 2% of the total seats in the Lok Sabha from not less than three states.
Benefits enjoyed by National Parties:
● Party symbol:
○ After being recognised as a national party, a political organisation is entitled to reserve a
symbol for its candidates contesting from across the country.
○ It helps a party to reach out to voters who are illiterate and identify their party with a symbol.
○ Like BJP's symbol is 'Lotus' and Congress' 'Hand'.
● National party candidate:
○ National party contestants require only one proposer to file their nominations in the
election.
○ They are entitled to two sets of electoral rolls free of cost during the roll revision. So,
statement 1 is correct.
● Broadcast slots:
○ A national party is entitled to get dedicated broadcast slots on government-run television
channels, like- Doordarshan and All India Radio during the general elections.
● Star campaigners:
○ A national party can nominate 40 ‘star campaigners’ during general elections, whose
travel expenses are not accounted for in the poll expense accounts of a candidate. So,
statements 2 & 4 are correct.
● National presence:
○ After getting the status of the national party, a political outfit can contest elections across
the country by fielding candidates in any state, which subsequently helps in expanding its
presence in the nation.
● Land allocation: A national party gets land from the government to build its headquarters. So,
statement 3 is correct.
List of National Parties in India:
1. Bharatiya Janata Party (BJP)
2. Indian National Congress (Congress)
3. Communist Party of India (Marxist) (CPI-M)
4. Aam Aadmi Party (AAP); [Most recent addition]
5. Bahujan Samaj Party (BSP)
6. National People's Party (NPP)
Therefore, option (d) is the correct answer.

Q.10) With reference to Kesavananda Bharathi case, consider the following statements:
1. It held that parliament’s powers to amend the constitution are subject to the basic structure of the
constitution.
2. The court defined the basic structure of the constitution and also allowed more principles to be added in
future.
Which of the statements given above is/are correct?

a) 1 only
b) 2 only
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c) Both 1 and 2
d) Neither 1 nor 2

Answer: (a)

Kesavananda Bharati Case (1973):


● Keshvananda Bharati was the chief of Edneer Mutt which is a religious sect in Kasaragod district of
Kerala.
● Keshvananda Bharati had certain pieces of land in the sect which were owned by him in his name.
● The state government of Kerala introduced the Land Reforms Amendment Act, 1969.
○ According to the act, the government was entitled to acquire some of the sect’s land of which
Kesavananda Bharati was the chief.
● On 21st March 1970, Keshvananda Bharti moved to Supreme Court under Article 32 of the Indian
Constitution for enforcement of his rights which guaranteed under Article 25 (Right to practice and
propagate religion), Article 26 (Right to manage religious affairs), Article 14 (Right to equality), Article
19(1)(f) (freedom to acquire property), Article 31 (Compulsory Acquisition of Property).
Judgement:
● It was held by the apex court by a majority of 7:6 that Parliament can amend any provision of the
Constitution to fulfill its socio-economic obligations guaranteed to the citizens under the Preamble
subject to the condition that such amendment won’t change the basic structure of the Indian
Constitution. So, statement 1 is correct.
Doctrine of Basic Structure:
● According to the doctrine, the Parliament has an unlimited power to amend the Constitution
subject to the sole condition that such amendments must not change the basic structure of the
Constitution.
● The Parliament should not in any manner interfere with the basic features of the Constitution
without which our Constitution will be left spiritless and lose its very essence.
● The basic structure of the Constitution was not mentioned/defined by the bench and was left to
the interpretation of the courts. So, statement 2 is not correct.
○ The Courts need to see and interpret if a particular amendment violates the basic structure of
our Indian Constitution or not.
Therefore, option (a) is the correct answer.

Q.11) With respect to the Law Commission of India, consider the following statements:
1. Law commission of India is a statutory body
2. It works as an advisory body to the Ministry of Law and Justice.
3. The recommendations of the commission are binding on the Union Government.
Which of the statements given above is/are correct?

a) 3 only
b) 1 and 2 only
c) 2 only
d) 1, 2, and 3

Answer: (c)
Explanation:

● Context: the tenure of the Twenty-second Law Commission has been extended upto 31st August, 2024.
● The 22nd Law Commission was notified on February 24th 2020. The tenure of the present
Twenty-second Law Commission of India was supposed to end on 20th February, 2023 but with
extension of tenure, it will now end on 31st August 2024.
● Origin: The commission was originally formed in 1955 and is reorganized every 3 years.
● Appointment: The Law Commission is an executive body which is established by the government
for a fixed tenure.
● Members of 22nd Law Commission
○ Chairperson
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○ A member-secretary and three other members


○ Secretary (Department of Legal Affairs as ex-officio Member)
○ Secretary (Legislative Department as ex officio Member)
○ Part-time Members (Not more than five).
● The law commission of India is a non-statutory body constituted by the Indian government. It can be
referred to as an ad hoc body, which is constituted for the fulfillment of a particular purpose. So,
statement 1 is not correct.
● Parent Ministry: Law Commission of India works as an advisory body to the Ministry of Law and
Justice. So, statement 2 is correct.
● Nature of functioning: The main function of the Law Commission is to conduct legal research and
review existing laws to bring in reforms. The recommendations are non-binding on the Union
Government. So, statement 3 is not correct.
● Some of the works of the Law commission are:
○ Consider requests for providing research to foreign countries as referred to it by the
government through the Law Ministry.
○ Studying the existing laws concerning gender equality and giving recommendations
thereof.
○ Studying the effects of globalization on unemployment, food security, and suggest
measures for protecting the interests of the marginalized and the vulnerable.
○ Prepare and submit reports on all issues and subjects regarding the research undertaken
by the Commission for effective steps to be taken by either the central or the state
governments.
○ Perform any other function which may be assigned to it by the Union Government.

Therefore, option (c) is the correct answer.

Q.12) Under this scheme, Members of Parliament are responsible for developing the socio-economic and
physical infrastructure of villages. The Gram Panchayat is the basic unit for development. The scheme comes
under the ambit of the Ministry of Rural Development. Which of the following schemes is mentioned in the above
passage?

a) National Rural Livelihood Mission


b) Saansad Adarsh Gram Yojana
c) MGNREGA
d) DDU Gram Jyoti Yojana

Answer: (b)
Explanation:
● The Saansad Adarsh Gram Yojana was launched for clean and developed villages of rural India.
This is a prestigious village development project, which focuses on the all-round development of
specific villages, including economic, social and cultural growth and development. In this each
Member of Parliament (MP ) will take up the responsibility of providing infrastructure and developing 3
villages.
● The scheme was launched by the Prime Minister of India on 11th October, 2014 on the birth
anniversary of Jai Prakash Narayan.
● Under the Yojana, Members of Parliament (MPs) are responsible for developing the
socio-economic and physical infrastructure of three villages each by 2019, and a total of eight
villages each by 2024. The first Adarsh Gram (Model Village) was to be developed by 2016, and two
more by 2019.
● Goal: The goal of Saansad Adarsh Gram Yojana (SAGY) is to translate this comprehensive and
organic vision of Mahatma Gandhi into reality, keeping in view the present context.
● The main objectives of SAGY are:
○ To trigger processes which lead to holistic development of the identified Gram Panchayats
○ To substantially improve the standard of living and quality of life of all sections of the
population through
○ Improved basic amenities
○ Higher productivity
○ Enhanced human development
12

○ Better livelihood opportunities


○ Reduced disparities
○ Access to rights and entitlements
○ Wider social mobilization
○ Enriched social capital
● The scheme comes under the ambit of the Ministry of Rural Development. So, option (b) is
correct.
Therefore, option (b) is the correct answer.

Q.13) With respect to the National eVidhan Application, consider the following statements:
1. NeVA is a device neutral and member-centric application.
2. The funding for e-Vidhan is provided by the Ministry of Home Affairs.
3. It is a Mission Mode Project (MMP) under the Digital India Programme
Which of the statements given above is/are correct?

a) 1 only
b) 2 only
c) 2 and 3 only
d) 1 and 3 only

Answer: (d)
Explanation:
● National eVidhan Application (NeVA) has been developed on the theme of ‘One Nation – One
Application’.
● NeVA NIC Cloud is a workflow system based on 'Meghraj' which embodies the concept of
e-Sadan/Paperless House.
● NeVA is a device neutral and member-centric application designed to provide complete
information about member contact details, rules of procedure, list of business, notices, bulletins,
bills, starred/unstarred questions and answers, papers and to handle diverse house businesses in a
smart manner. So, statement 1 is correct
● It is a Unicode compliant software having provision for easy access to various documents like List of
Questions, List of Business, Reports etc. bilingually viz. English and any regional language.
● It is a Mission Mode Project (MMP) under the Digital India Programme. So, statement 3 is correct
● The funding for e-Vidhan is provided by the Ministry of Parliamentary Affairs and technical
support by the Ministry of Electronics and Information Technology (MEITy). So, statement 2 is
not correct
● The funding of NeVA is a Central Sponsored Scheme. 60:40; and 90:10 for North East & hilly States
and 100% for UTs..
● . So, option (d) is correct.

Therefore, option (d) is the correct answer.

Q.14) With respect to the appointment of the Governor of a state, consider the following statements:
1. There is no direct or indirect election for the appointment of Governor in India.
2. When the same person is appointed as governor of two or more states, the Union Government pays the
salary and allowances to such Governor.
Which of the statements given above is/are correct?

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer: (a)
Explanation:

● Article 153 says that there shall be a Governor for each State. One person can be appointed as
Governor for two or more States. Appointment of the Governor by the president by warrant under
13

his hand and seal. Governor is the constitutional head and the agent of the center in each state. The
governor is neither directly elected by the people nor indirectly elected by a specially constituted
electoral college as is the case with the president.
● The Governor is appointed by the President under the warrant under his hand and seal. Unlike
elections for the President, there is no direct or indirect election for the post of Governor. So,
statement 1 is correct.
● The office of a governor is not a part of the union executive and is an independent constitutional office.
The governor doesn’t serve the union government and neither is subordinate to it.
● The Governor can be appointed for two or more states as well. For example: Prabha Rau served
as the Governor of Rajasthan and Governor of Himachal Pradesh between 2009-2010.
● When the same person is appointed as governor of two or more states, the states share the
emoluments and allowances payable to him in the proportion established by the president. So,
statement 2 is not correct.
● Term Of The Governor:
○ The Governor holds office during the pleasure of the President.
○ The Supreme Court ruled that the President's pleasure is unjustifiable. The governor has
no job security and no defined term of office. The President has the authority to remove
him at any time.
○ He can resign at any time by writing to the President.
○ A governor may serve beyond his five-year term until his replacement takes over.
Therefore, option (a) is the correct answer.

Q.15) With reference to Puisne judge, consider the following statements:


1. They are judges who are ranked lower in seniority.
2. Their judicial powers are constrained due to their being ranked lower in the hierarchy.
3. The number of Puisne Judges are determined by the the Parliament through a Constitutional
Amendment passed by a simple majority.
Which of the statements given above is/are correct?

a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3

Answer: (c)
Explanation:

Context: Chief Justice of India (CJI) has recently reiterated that collegium takes into “consideration the
seniority of Chief Justices and senior puisne judges while deciding on recommending judges.

Puisne Judges:
● The term originates from France, which means ‘later born’ or ‘younger’.
● The English word that means ‘small’ or ‘undersized’.
● Puisne is almost always used in the context of judges, and essentially denotes seniority of rank.
● The term Puisne judge is used in ‘common law countries’ to refer to judges who are ranked lower in
seniority, i., any judge other than the Chief Justice of that court. So, statement 1 is correct.
● In the UK, Puisne judges are judges other than those holding distinct titles.
● In India, all judges have the same judicial powers. As the senior most judge of a court, the Chief
Justice has an additional administrative role. In India, there is a reference to a puisne judge only
while considering the order of seniority for appointments, elevations to High Courts, etc., but it
does not have a bearing on the exercise of a judge’s judicial power. So, statement 2 is not
correct.
● The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne
Judges - leaving it to Parliament to increase this number. In India, the number of Puisne Judges
are determined by the the Parliament through a Constitutional Amendment which has to be passed
by a simple majority. So, statement 3 is correct.
Therefore, option (c) is the correct answer.
14

Q.16) Consider the following statements:


1. Has failed to lodge his/her election expenses within the prescribed time.
2. Has taken up government contracts, works or services.
3. Has been convicted for promoting enmity between different groups or for the offense of bribery.
4. Has performed defection to another political party.
Which of the statements given above is/are the ground for disqualification under the Representation of the
People Act, 1951?

a) 1 and 3 only
b) 2 and 4 only
c) 2, 3 and 4 only
d) 1, 2 and 3 only

Answer: (d)
Explanation:
● The Representation of the People Act, 1951 provides for the conduct of elections to the Houses
of Parliament and to the Houses of the State Legislature, the provisions regarding qualification and
disqualification for the membership, and remedies of disputes in connection with such elections.
● Criteria for disqualifications under RPA, 1951:
○ Is found guilty of certain election offenses or corrupt practices in the elections.
○ Is convicted for any offense resulting in imprisonment for two or more years (except for the
detention under a preventive detention law).
○ Has failed to lodge an account of his/her election expenses within the time. So, statement 1 is
correct.
○ Has any interest in government contracts, works or services. So, statement 2 is correct.
○ Is a director or managing agent or holds an office of profit in a corporation in which the
government has at least 25% share.
○ Has been dismissed from government service for corruption or disloyalty to the State.
○ Has been convicted for promoting enmity between different groups or for the offense of
bribery. So, statement 3 is correct.
○ Has been punished for preaching and practicing social crimes such as untouchability, dowry
and sati.
● The offense of defection to another political party comes under the 10th schedule of the
constitution. So, statement 4 is not correct.
Therefore, option (d) is the correct answer.

Q.17) With respect to the Governor’s address to state legislature, consider the following statements:
1. The Governor's address is a convention and is not a constitutional provision.
2. The Governor’s address reviews the activities and achievements of the Government during the previous
year
3. The Chief Minister or any other Minister has the right to explain the position of the Government at the
end of the discussion.
Which of the statements given above is/are correct?

a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3

Answer: (b)
Explanation:
● Article 176(1) of the Constitution of India enjoins that the Governor shall Address both the
Houses assembled together at the commencement of the first Session after each general election
to the Assembly and at the commencement of the first session of each year and inform the Legislature
of the causes of its Summons. So, statement 1 is not correct.
● The Address of the Governor contains a review of the activities and Achievements of the
Government during the previous year and their policy with regard to important internal problems
15

as well as a brief account of the programme of Government Business for the session. So, statement 2
is correct.
● The Chief Minister or any other Minister has the right to explain the position of the Government
at the end of the discussion. So, statement 3 is correct.
● Discussions on Governor’s address:
○ On the first day on which the discussion on the Address of the Governor begins, a copy of
the Address of the Governor is laid on the table of the House.
○ The Speaker, in consultation with the Business Advisory Committee, allots time for
discussion of the matters referred to in the Governor’s Address.
○ A motion is moved by a member and seconded by another member thanking the
Governor for the Address.
○ The occasion provided for General Discussion in respect of any aspect of administration
and also the matters referred to in the address.
○ Members may move Amendments to the Motion of Thanks in such form as may be
considered appropriate by the Speaker.
○ The motion of thanks must be passed in the House. Otherwise, it amounts to the defeat of
the government.
Therefore, option (b) is the correct answer.

Q.18) With respect to the functions of Chief justice of India, consider the following statements:
1. The Chief Justice of India distributes the cases to the Supreme Court Judges.
2. The Chief Justice of India assists the President in the appointment of Supreme Court and High Court
judges.
3. The Chief Justice of India discharges the president's function if the offices of President and Vice
President become vacant.
Which of the statements given above is/are correct?

a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3

Answer: (d)
Explanation:
● The CJI and the Judges of the SC are appointed by the President under clause (2) of Article 124 of
the Constitution. The other judges are appointed by the President after consultation with the CJI and
other judges of the SC and the HCs as he deems necessary.
● The Chief Justice of India is known as the master of roster because he is in charge of distributing
cases and appointing constitutional benches that deal with crucial issues. Allocates all work to the
other judges, who are obligated to return the subject back to the CJI in any situation where they believe
it ought to be reviewed by a bigger bench of more judges. So, statement 1 is correct.
● The Chief Justice of India Assists the President in the nomination of Supreme Court and High
Court judges. So, statement 2 is correct.
● In emergency scenarios, discharges the president's function if the offices of President and Vice
President become abruptly empty. So, statement 3 is correct.
Therefore, option (d) is the correct answer.

Q.19) With respect to the powers of a speaker, consider the following statements
1. The Speaker is the final interpreter of the provisions of the Constitution of India in the Lok Sabha.
2. The Speaker presides over a joint sitting of the two Houses of Parliament
3. The Speaker decides whether a bill is a money bill or not
Which of the statements given above is/are correct?

a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
16

d) 1, 2 and 3

Answer: (d)
Explanation:
● The Office of the Speaker in India is a living and dynamic institution which deals with the actual needs
and problems of Parliament in the performance of its functions. Article 93 of the Constitution
provides for the election of both the Speaker and the Deputy Speaker. The Speaker is the
constitutional and ceremonial head of the House.
● The Speaker is the final interpreter of the provisions of the Constitution of India, the Rules of
Procedure and Conduct of Business of Lok Sabha, and the parliamentary precedents, within the House..
So, statement 1 is correct.
● The Speaker presides over a joint sitting of the two Houses of Parliament and can allow a secret
sitting of the House at the request of the Leader of the House. So, statement 2 is correct.
● The Speaker decides whether a bill is a money bill or not and his decision on this question is final.
When a money bill is transmitted to the Rajya Sabha for recommendation and presented to the
President for assent, the Speaker endorses on the bill his certificate that it is a money bill. So,
statement 3 is correct.
● Other powers:
○ The Speaker maintains order and decorum in the House for conducting its business and
regulating its proceedings, which is the primary responsibility and has final power in this regard.
○ He/she acts as the ex-officio chairman of the Indian Parliamentary Group which is a link
between the Parliament of India and the various parliaments of the world.
○ He/she appoints the chairman of all the parliamentary committees of the Lok Sabha and
supervises their functioning and also is the chairman of the Business Advisory Committee,
the Rules Committee, and the General Purpose Committee.
○ He/she adjourns the House or suspends the meeting in absence of a quorum. The
quorum to constitute a meeting of the House is one-tenth of the total strength of the House.
○ He/she does not vote in the first instance but can exercise a casting vote in the case of a
tie.
○ The Speaker is eligible for re-election.
Therefore, option (d) is the correct answer.

Q.20) Which of the following bodies does not/do not find mention in the Constitution?
1. Zonal Councils
2. Central Bureau of Investigation
3. Directorate of Enforcement
Select the correct answer using the codes given below:

a) 1 and 2 only
b) 2 only
c) 2 and 3 only
d) 1, 2 and 3

Answer: (d)

Non-Constitutional Body
● A non-constitutional body is an organisation or institution which is not mentioned in the
Constitution of India.
● Unlike a Constitutional Body, a non-constitutional body does not derive its powers from the Indian
Constitution.
● Usually, a non-constitutional body derives its powers from corresponding laws passed by the Indian
Parliament.
● There are also non-constitutional bodies that derive power based on Indian Government Orders
(Executive Resolution).
● Zonal Councils are the statutory (and not the constitutional) bodies. They are established by an Act
of the Parliament, that is, the States Reorganisation Act of 1956. So, statement 1 is correct.
● The CBI is not a statutory body but derives its power to investigate from the Delhi Special Police
Establishment Act, 1946.
17

○ The establishment of the CBI was recommended by the Santhanam Committee on


Prevention of Corruption (1962–1964). So, statement 2 is correct.
Genesis of Directorate of Enforcement(ED)
● The origin of this Directorate goes back to 1st May, 1956, when an ‘Enforcement Unit’ was formed in
the Department of Economic Affairs for handling Exchange Control Laws violations under Foreign
Exchange Regulation Act (FERA), 1947.
● In the year 1957, this Unit was renamed as ‘Enforcement Directorate’, and another branch was
opened at Madras (now Chennai).
● In 1960, the administrative control of the Directorate was transferred from the Department of
Economic Affairs to the Department of Revenue.
● With the passage of time, FERA 1947 was repealed and replaced by FERA, 1973.
● With the onset of the process of economic liberalisation, FERA, 1973, which was a regulatory law, was
repealed and in its place, a new law viz. the Foreign Exchange Management Act, 1999 (FEMA) came
into operation w.e.f. 1st June 2000. So, statement 3 is correct.
Therefore, option (d) is the correct answer.

Q.21) Consider the following statements:


1. The Election Commission of India is not empowered to de-register parties on the grounds of violating
the Constitution or breaching the undertaking given to it.
2. Once a political party is deregistered, it can still contest elections after changing its symbol.
3. A party can only be de-registered if Its registration was obtained by fraud.
Which of the statements given above is/are not correct?

a) 1 only
b) 2 and 3 only
c) 3 only
d) 1 and 3 only

Answer: (b)

EC Power regarding De-registration of a Political Party

● The ECI is not empowered to de-register parties on the grounds of violating the Constitution or
breaching the undertaking given to it at the time of registration ECI under Section 29 A (5). So,
statement 1 is correct.
● ECI submitted that while it can register a party under Section 29A of the Representation of the
People Act, 1951, the commission has no power to de-register a party except on the limited
grounds as mentioned in the Supreme Court order in the case of Indian National Congress vs.
Institute of Social Welfare and Others (2002).
● Indian National Congress vs Institute of Social Welfare (2002) :
○ This case addressed the issue of whether the ECI under Section 29-A of RPA 1951 has the
authority to deregister or cancel a party's registration.
● The court held that ECI has no express mandate to deregister a political party for violating Indian
Constitution, except in rare circumstances like
○ When a party becomes registered by defrauding;
○ When a political party modifies its terminologies of association, rules, abrogating the
provisions or notifies the Commission that it has lost allegiance to the Indian Constitution or its
principles; and
○ When the central government declares a political party illegal under the UAPA 1967. So,
statement 3 is not correct.
● Once a political party is deregistered, it cannot contest elections. So, statement 2 is not correct.
Therefore, option (b) is the correct answer.

Q.22) Which of the following statements is/are correct?


1. A Bill pending in the Lok Sabha lapses on its prorogation.
2. A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on
dissolution of the Lok Sabha.
18

3. A Bill that originates and passes in the Lok Sabha but is pending in the Rajya Sabha is not considered
lapsed.
Select the correct answer using the code given below.

a) 1 only
b) 1 and 2 only
c) 2 only
d) 1, 2 and 3

Answer: (b)

When does a Bill lapse?


● A Bill that originates in the Lok Sabha and remains pending in the Lower House itself is considered
lapsed with the dissolution of the House. So, statement 1 is correct.
● A Bill that originates and is passed by the Rajya Sabha, but is pending in the Lok Sabha also
lapses with the dissolution of the Lower House.
● Bills that originate and are passed in the Lok Sabha but are pending in the Rajya Sabha are also
considered lapsed. So, statement 3 is not correct.
● Bill that originates and is passed in the Rajya Sabha but is returned with amendments to the Upper
House by the Lok Sabha and then does not get the clearance of the Rajya Sabha is considered to have
lapsed on the date of dissolution of the Lower House.
When does a Bill not lapse?
● There are instances when certain Bills, despite the dissolution of the Lower House, are not considered
to have lapsed.
● A Bill that is pending in the Rajya Sabha but is not passed by the Lok Sabha. So, statement 2 is
correct.
● Bills that have cleared both the Houses but are pending assent from the President.
● If the president has notified the holding of a joint sitting before the dissolution of Lok Sabha.
● A bill passed by both Houses but returned by the president for reconsideration of Rajya Sabha.
● Pending bills and all pending assurances that are to be examined by the Committee on Government
Assurances.
Therefore, option (b) is the correct answer

Q.23) Consider the following:


1. Right to seek asylum
2. Right to privacy
3. Right to health.
Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights”?

a) 1 only
b) 1 and 3 only
c) 3 only
d) 1, 2 and 3

Answer: (d)

Universal Declaration of Human Rights


● It is a document that acts like a global road map for freedom and equality – protecting the rights of every
individual, everywhere.
● The UDHR was adopted by the United Nations on 10 December 1948, in response to the acts of
mankind during the Second World War.
● Although it is not legally binding, the protection of the rights and freedoms set out in the Declaration
has been incorporated into many national constitutions and domestic legal frameworks.
● The Declaration outlines 30 rights and freedoms that belong to all. The 30 rights and freedoms set out
in the UDHR include:
○ Right to be free from torture
○ Right to freedom of expression
○ Right to education
19

○ Right to seek asylum. So, statement 1 is correct.


○ Civil and political rights, such as the rights to life, liberty and privacy. So, statement 2 is
correct.
○ Economic, social and cultural rights, such as the rights to social security, health and
adequate housing. So, statement 3 is correct.
Therefore, option (d) is the correct answer.

Q.24) Section 144 CrPC prohibits the gathering of four or more people in a specified area. Who among the
following is empowered under this section to pass such an order?

a) Chief Minister of a State


b) Governor of the State
c) Magistrate of any state
d) Director general of police

Answer: (c)

Section 144 CrPC


● This law empowers the magistrate of any state or union territory in India to pass an order
prohibiting the gathering of four or more people in a specified area. So, option (c) is correct.
● It is imposed in urgent cases of nuisance or apprehended danger of some event that has the
potential to cause trouble or damage to human life or property.
● This order can be passed against a particular individual or general public.
Duration of Section 144 Order:
● No order under this section can remain in force for a period of more than 2 months.
● Under the state government’s discretion, it can choose to extend the validity for two more months
with the maximum validity extendable to six months.
● Once the situation becomes normal, Section 144 levied can be withdrawn.
Difference between Section 144 and Curfew
● Section 144 prohibits the gathering of four or more people in the concerned area, while during
curfew people are instructed to stay indoors for a particular period. The government puts a
complete restriction on traffic as well.
● Markets, schools, colleges and offices remain closed under the curfew and only essential services
are allowed to run on prior notice.
Therefore, option (c) is the correct answer.

Q.25) With reference to Delimitation in India, consider the following statements:


1. Delimitation means the process of fixing limits or boundaries of territorial constituencies to represent
changes in state boundaries.
2. Order of Delimitation Commission are final and cannot be questioned before any court.
3. The Delimitation Commission is appointed by the Election Commission of India.
Which of the statements given above is/are correct?

a) 1 only
b) 2 and 3 only
c) 2 only
d) 1, 2 and 3

Answer: (c)

Delimitation
● Delimitation literally means the act or process of fixing limits or boundaries of territorial
constituencies in a country to represent changes in population. So, statement 1 is not correct.
● The Delimitation Commission is to work without any executive influence.
● The Constitution mandates that the Commission’s orders are final and cannot be questioned
before any court as it would hold up an election indefinitely. So, statement 2 is correct.
20

● When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative
Assembly, they cannot effect any modification in the orders.
● Under Article 82, the Parliament enacts a Delimitation Act after every Census.
● Under Article 170, States also get divided into territorial constituencies as per Delimitation Act
after every Census.
Composition:
● The Delimitation Commission is appointed by the President of India and works in collaboration with
the Election Commission of India. So, statement 3 is not correct.
● Other Members: Retired Supreme Court judge
○ Chief Election Commissioner
○ Respective State Election Commissioners
Therefore, option (c) is the correct answer.

Q.26) Which one of the following Schedules of the Constitution of India contains provisions regarding
anti-defection?

a) Second Schedule
b) Tenth Schedule
c) Ninth Schedule
d) Seventh Schedule

Answer: (b)

Anti - Defection Law


● The anti-defection law punishes individual Members of Parliament (MPs)/MLAs for leaving one
party for another.
● Parliament added it to the Constitution as the Tenth Schedule in 1985. Its purpose was to bring
stability to governments by discouraging legislators from changing parties. So, option (b) is correct.
● The Tenth Schedule - popularly known as the Anti-Defection Act - was included in the Constitution via
the 52nd Amendment Act, 1985.
● It sets the provisions for disqualification of elected members on the grounds of defection to another
political party.
● It was a response to the toppling of multiple state governments by party-hopping MLAs after the general
elections of 1967.
● However, it allows a group of MP/MLAs to join (i.e., merge with) another political party without
inviting the penalty for defection. And it does not penalize political parties for encouraging or accepting
defecting legislators.
● As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was
considered a 'merger'.
● But the 91st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the
members of a party must be in Favour of a "merger" for it to have validity in the eyes of the law.
Therefore, option (b) is the correct answer.

Q.27) The Chief Minister of any State, at the time of his/her appointment
a) must prove his majority in the legislative assembly before he is appointed as the Chief Minister.
b) must be a member of one of the Houses of the State Legislature
c) need not necessarily be a member of one of the Houses of the State Legislature but must be elected to
the state legislature within six months.
d) must be a member of the Lower House of the State Legislature.

Answer: (c)

Appointment of Chief Minister


● The Constitution does not contain any specific procedure for the selection and appointment of the
Chief Minister.
● Article 164: Chief Minister shall be appointed by the governor.
21

● However, this does not imply that the governor is free to appoint anyone as the Chief Minister. In
accordance with the conventions of the parliamentary system of government, the governor has to
appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
● But, when no party has a clear majority in the assembly, then the governor may exercise his
personal discretion in the selection and appointment of the Chief Minister. In such a situation, the
governor usually appoints the leader of the largest party or coalition in the assembly as the Chief
Minister and asks him to seek a vote of confidence in the House within a month.
● The governor may have to exercise his individual judgment in the selection and appointment of the
Chief Minister when the Chief Minister in office dies suddenly and there is no obvious successor.
● However, on the death of a Chief Minister, the ruling party usually elects a new leader and the
governor has no choice but to appoint him as Chief Minister.
● The Constitution does not require that a person must prove his majority in the legislative
assembly before he is appointed as the Chief Minister. The governor may first appoint him as the
Chief Minister and then ask him to prove his majority in the legislative assembly within a reasonable
period. So, option (a) is not correct.
● A person who is not a member of the state legislature can be appointed as Chief Minister for six
months, within which time, he should be elected to the state legislature, failing which he ceases to be
the Chief Minister. So, option (b) is not correct and (c) is correct.
● According to the Constitution, the Chief Minister may be a member of any of the two Houses of a
state legislature. So, option (d) is not correct.
● Usually Chief Ministers have been selected from the Lower House (legislative assembly), but, on a
number of occasions, a member of the Upper House (legislative council) has also been appointed as
Chief Minister.
Therefore, option (c) is the correct answer.

Q.28) With reference to transit anticipatory bail, consider the following statements:
1. It is sought when a case against a person has been filed in a state different from the one in which the
person is arrested.
2. The concept of transit anticipatory bail is codified in the Indian Penal Code.
Which of the statements given above is/are correct?

a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer: (a)

Transit Anticipatory Bail:


● A transit anticipatory bail is sought when a case against a person has been or is likely to be filed in
a state different from the one in which the person is likely to be arrested. So, statement 1 is
correct.
● The purpose of transit bail is to allow the person bail, so they can approach the appropriate court in
the state in which the case has been filed for anticipatory bail.
● In the absence of transit anticipatory bail, the result would be that another state’s police could arrest a
person from their home state without them having the opportunity to apply for anticipatory bail at all.
● The procedure to be followed in transit anticipatory bail is exactly the same as of any other anticipatory
bail application.
● The concept of transit anticipatory bail is not codified in Indian law but has found its identity through
judicial practice and legal precedents. So, statement 2 is not correct.
Therefore, option (a) is the correct answer.

Q.29) Places of Worship Act 1991 declares that the religious character of a place of worship shall continue to be
the same as it existed on

a) 26th january 1950


b) 22nd June 1948
c) 24th April 1950
22

d) 15th August 1947

Answer: (d)

Places of Worship Act


● It is described as “An Act to prohibit conversion of any place of worship and to provide for the
maintenance of the religious character of any place of worship as it existed on the 15th day of
August 1947, and for matters connected therewith or incidental thereto.” So, option (d) is correct.
Major provisions
● Section 3 of the Act: It bars the conversion, in full or part, of a place of worship of any religious
denomination into a place of worship of a different religious denomination, or even a different segment
of the same religious denomination.
● Section 4(1): Declares that the religious character of a place of worship shall continue to be the same
as it existed on August 15, 1947.
● Section 4(2): Any suit or legal proceeding with respect to the conversion of the religious character of
any place of worship existing on August 15, 1947, pending before any court, shall abate — and no
fresh suit or legal proceedings shall be instituted.
● Section 5: The Act shall not apply to the Ram Janmabhoomi-Babri Masjid case, and to any suit,
appeal or proceeding relating to it.
● Section 6: It prescribes a punishment of a maximum of three-years imprisonment along with a fine
for contravening the provisions of the Act.
Therefore, option (d) is the correct answer.

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