Q31. In essence, what does ‘Due Process of Law’ mean?
(a) The principle of natural justice
(b) The procedure established by law
(c) Fair application of law
(d) Equality before law
Answer: (c)
Due process is a requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly.
Principles of Natural Justice involves
1. “Hearing rule”: one should be given a fair opportunity to express his point of view to defend himself.
2. “Bias rule”: should be biased free while taking the decision
3. “Reasoned Decision”: which states that order, decision or judgment of the court given by the Presiding authorities with a valid and reasonable ground. Hence the principle of Natural Justice is a more broader concept than Due process of law. Hence Option c closely matches with what is the essence of Due process of law.
Q32. Consider the following statements
Statement I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
Statement II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
Which one of the following is correct in respect of the above statements?
(a) Both Statement-I and Statement-II are correct and statement 2 is the correct explanation for statement one.
(b) Both Statement-I and Statement-II are correct and statement 2 is not the correct explanation for statement one.
(c) Statement-I is correct but Statement-II is incorrect.
(d) Statement-I is incorrect but Statement-II is correct
Answer (a)
Prison is a State subject under List-II of the Seventh Schedule in the Constitution.
The management and administration of Prisons falls exclusively in the domain of the State Governments, and is governed by the Prisons Act, 1894 and the Prison Manuals of the respective State Governments.
Thus, States have the primary role, responsibility and power to change the current prison laws, rules and regulations.
Q33. Which one of the following statements best reflects the Chief purpose of the ‘Constitution’ of a country?
(a) It determines the objective for the making of necessary laws.
(b) It enables the creation of political offices and a government.
(c) It defines and limits the powers of the government.
(d) It secures social justice, social equality and social security.
Answer: (c)
The first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society.
The second function of a constitution is to specify who has the power to make decisions in a society. It decides how the government will be constituted.
The third function of a constitution is to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that the government may never trespass them.
The fourth function of a constitution is to enable the government to fulfill the aspirations of a society and create conditions for a just society.
Q34. In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the fundamental rights?
(a) 1st amendment
(b) 42nd amendment
(c) 44th amendment
(d) 86th amendment
Answer: (a)
During the initial fifteen months of the working of the Constitution, certain difficulties were brought to light by judicial decisions and pronouncements specially in regard to the chapter on fundamental rights. The 1951 Constitution (First Amendment) Act amended the Fundamental Rights clauses of the Indian Constitution in several ways.
The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution. It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide “special consideration” for weaker sections of society. Hence option (a) is the correct answer.
Q35. Consider the following organisations/bodies in India:
- The National Commission for backward classes
- The National Human Rights Commission
- The National Law Commission
- The National consumer disputes redressal Commission
How many of the above are constitutional bodies?
(a) Only one
(b)Only Two
(c) All Three
(d)All Four
Answer: (a)
- Constitutional Bodies in India
- Election Commission of India
- National Commission for Scheduled Tribes (NCST)
- Comptroller and Auditor-General of India (CAG)
- Attorney General of India
- National Commission for Backward Classes
- National Commission for Scheduled Caste (NCSC)
- Special Officer for Linguistic Minorities
- Union Public Service Commission (UPSC)
Q36. Consider the following statements:
- If the election of the president of India is declared void by the Supreme Court of India, all acts done by him/her the performance of duties of his/her office of president before the date of decision become invalid.
- Elections for the post of the president of India can be postponed on the ground that some legislative assemblies have been dissolved and elections are yet to take place.
- When a bill is presented to the president of India, the constitution prescribes time limits within which he/she has to declare his/her assent. When a bill is presented to the president of India, the constitution prescribes time limits within which he/she has to declare his/her assent.
How many of the above statements are correct?
(a) Only one
(b)Only Two
(c) All Three
(d)None
Answer: (d)
Statement 1: Article 71(2) – If the election of a person as President or Vice President is declared void by the Supreme court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.
Statement 2: Elections for the post of the president of India cannot be postponed on the ground that some legislative assemblies have been dissolved and elections are yet to take place.
Statement 3: The Constitution does not prescribe any time limit within which he/she has to declare his/ her assent.
Q37. With reference to Finance Bill and money bill in the Indian parliament, consider the following statements:
- When the Lok Sabha transmits the Finance Bill to the Rajya Sabha, it can amend or reject the Bill.
- When the Lok Sabha transmits Money bill to the Rajya Sabha, it cannot amend or reject the Bill, it can make only recommendations.
- In the case of disagreement between the Lok Sabha and the Rajya Sabha, there is no joint sitting for Money Bill, but a joint sitting becomes necessary for the Finance Bill.
How many of the above statements are correct?
(a) Only one
(b)Only Two
(c) All Three
(d)None
Answer: (c)
Money bills–Article 110; Financial bills (I)–Article 117(1); Financial bills (II)–Article 117(3)
- Money Bills
- Article 110 of the Constitution deals with the definition of money bills.
- The Constitution lays down a special procedure for the passing of money bills in the Parliament. A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the president.
- Every such bill is considered to be a government bill and can be introduced only by a minister.
- After a money bill is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its consideration.
- The Rajya Sabha has restricted powers with regard to a money bill.
- It cannot reject or amend a money bill. It can only make the recommendations.
- It must return the bill to the Lok Sabha within 14 days, whether with or without recommendations.
- The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.
- If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.
- If the Lok Sabha does not accept any recommendation, the bill is then deemed to have passed by both the Houses in the form originally passed by the Lok Sabha without any change.
- If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed by both the Houses in the form originally passed by the Lok Sabha.
- Thus, the Lok Sabha has more powers than Rajya Sabha with regard to a money bill.
- Finance Bill
- A financial bill (I) is a bill that contains not only any or all the matters mentioned in Article 110, but also other matters of general legislation.
- In two respects, a financial bill (I) is similar to a money bill–(a) both of them can be introduced only in the Lok Sabha and not in the Rajya Sabha,and (b) both of them can be introduced only on the recommendation of the president. In all other respects, a financial bill (I) is governed by the same legislative procedure applicable to an ordinary bill. Hence, it can be either rejected or amended by the Rajya Sabha.
- A financial bill (II) contains provisions involving expenditure from the Consolidated Fund of India, but does not include any of the matters mentioned in Article 110.
- It is treated as an ordinary bill and in all respects, it is governed by the same legislative procedure which is applicable to an ordinary bill.
Q38. Consider the following statements:
Once the central government notifies an area as a ‘Community Reserve’
- The chief wildlife warden of the state becomes the governing authority of such forest.
- Hunting is not allowed in such areas.
- People of such areas are allowed to collect non timber forest produce.
- People of such areas are allowed traditional agricultural practices.
How many of the statements are correct?
(a) Only one
(b)Only Two
(c) All Three
(d)All Four
Answer: (b)
Any private or community land not within a national park, sanctuary or a conservation reserve where the community or an individual has volunteered to conserve wildlife and its habitat can be notified by the State Government as a community reserve under the provisions of the Section 36C of the Wild Life (Protection) Act, 1972.
Management of a community reserve is done as per provisions of the Section 36D of the Wild Life (Protection) Act, 1972.
Once the Centre notifies an area as a community reserve, as per Section 33 of the WLPA Act, the Chief Wildlife Warden of the state becomes the governing authority of the forest, whose consent is required for all decisions pertaining to the area.
The State Government shall constitute a Community Reserve Management Committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve.
After a forest has been made into a community reserve, people are not allowed to hunt there, or collect non-timber forest produce, or use it for agricultural practices such as jhum cultivation.
There shall be no change in land use pattern within the Community Reserve unless authorized by a resolution passed by the Management Committee and approved by the State Government.
Q39. With reference to ‘Scheduled Areas’ in India, consider the following statements:
- Within a state, the notification of an area is Scheduled Area takes place through an order of the President.
- The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block.
- The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States.
How many of the above statements are correct?
(a) Only one
(b)Only Two
(c) All Three
(d)None
Answer (b)
In the Article 244(1) of the Constitution, expression Scheduled Areas means such areas as the President may by order declare to be Scheduled Areas.
A viable administrative entity such as a district, block or taluk.
The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State.
Q40. Consider the following statements:
Statement I- The Supreme Court of India has held in some judgments that the reservation policy made under article 16 (4) of the Constitution of India would be limited by Article 335 for the maintenance of efficiency of administration.
Statement II- Article 335 of the Constitution of India defines the term ‘efficiency of administration’.
Which one of the following is correct in respect of the above statements?
(a) Both Statement-I and Statement-II are correct and statement 2 is the correct explanation for statement one.
(b) Both Statement-I and Statement-II are correct and statement 2 is not the correct explanation for statement one.
(c) Statement-I is correct but Statement-II is incorrect.
(d) Statement-I is incorrect but Statement-II is correct
Answers: (c)
The Court has held in several judgments — Indra Sawhney v Union of India 1993; M Nagaraj v Union of India 2006 — that the reservation policies made under Article 16(4) of the Constitution would be limited by Article 335, which provides for “maintenance of efficiency of administration,” while considering the claims of the Scheduled Castes (SCs) and the Scheduled Tribes (STs) in the making of appointments to public services and posts.
Article 335: Claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
But the Constitution does not define the term “efficiency of administration” under Article 335.
Question 6 Answer is option (d) Titanium in explanation it is correct, in Answer it is mentioned as option (b) kindly rectify it ,it will useful for others