1. The Election Commission of India consists of Chief Election Commissioner (CEC) and two election commissioners (EC). With regard to these two officials, which of the following is/are correct?
1. CEC and EC receive equal salary.
2. CEC and EC are provided with security of tenure.
3. In case of difference of opinion amongst them, the view of CEC prevails.
Select the correct answer using the codes given below.
a) 1 only
b) 1 and 2 only
c) 1 and 3 only
d) 2 and 3 only
Answer & Explanation
a) 1 only. The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites. In case of difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by majority. Only the chief election commissioner is provided with the security of tenure. Election commissioners can be removed from office on the recommendation of the chief election commissioner.
2. Suppose Bihar legislative assembly passes a bill and forwards it to legislative council which rejects it. What happens to the bill then ?
a) a joint sitting is called for by the Governor.
b) the bill ends and become dead.
c) legislative assembly can pass the bill second time to override legislative council.
d) (a) or (c) depending on the type of bill.
Answer & Explanation
c) legislative assembly can pass the bill second time to override legislative council. The Constitution does not provide for the mechanism of joint sitting of two Houses of the state legislature to resolve a deadlock between them over the passage of a bill. The legislative assembly can override the legislative council by passing the bill for the second time. Therefore the final power of passing an ordinary bill lies with the assembly. At the most, the council can detain or delay the bill for the period of four months.
3. The original jurisdiction of the High Court includes:
1. disputes related to the election of MPs
2. disputes related to the election of MLAs
3. cases related to murder
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 & Explanation
a) 1 and 2 only. Original jurisdiction means the power of a high court to hear disputes in the first instance, not by way of appeal. High courts do not have any original criminal jurisdiction and thus cases related to murders can be taken to High court only as appeal. The original jurisdiction includes – (a) Matters of admirality, will, marriage, divorce, company laws and contempt of court. (b) Disputes relating to the election of members of Parliament and state legislatures. (c) Regarding revenue matter or an act ordered or done in revenue collection. (d) Enforcement of fundamental rights of citizens. (e) Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file.
4. With reference to Vice-President of India ,consider the following statements :
1. If the Vice-President suddenly resigns, then election to fill the vacancy
should be held within six months.
2. A Vice-President can be removed on the grounds of violation of constitution.
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 & Explanation
d) Neither 1 nor 2. Both the statements are true for President and not VP. If the Vice-President suddenly resigns, then election to fill the vacancy should be held as soon as possible. The constitution mentions no ground for removal of VP.
5. In India, the council of ministers have:
1. Individual responsibility
2. legal responsibility
3. collective responsibility
Select the correct answer using the codes given below.
a) 1 and 3 only
b) 2 and 3 only
c) 3 only
d) 1, 2 and 3
Answer & Explanation
a) 1 and 3 only. The council of ministers is collectively responsible to the Lok Sabha. This means that all the ministers own joint responsibility to the Lok Sabha for all their acts of ommission and commission. Article 75 contains the principle of individual responsibility. It states that the ministers hold office during the pleasure of the president. In India there is no provision in the Constitution for the system of legal responsibility of a minister. It is not required that an order of the President for a public act should be countersigned by a minister.
6. The Union executive of India consists of :
1. President
2. Vice-President
3. Prime Minister
4. Council of Ministers
Select the correct answer using the codes given below.
a) 1, 2 and 3 only
b) 1 ,3 and 4 only
c) 2 ,3 and 4 only
d) 1 ,2, 3 and 4
Answer & Explanation
d) 1 ,2, 3 and 4. All four are the parts of the union executive of India. Some of you might have excluded VP, but please remember the VP is also a part of union executive.
7. With reference to removal of chairman of a state public service commission, consider the following statements :
1. they can be removed for misbehaviour.
2. they can be removed only by the President.
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 & Explanation
c) Both 1 and 2. Although the chairman of a SPSC are appointed by the governor, they can be removed only by the president (and not by the governor). They can be removed on the grounds of misbehaviour. The Constitution states that the chairman or any other member of a SPSC is deemed to be guilty of misbehaviour, if he (a) is concerned or interested in any contract or agreement made by the Government of India or the government of a state, or (b) participates in any way in the profit of such contract or agreement or in any benefit therefrom otherwise than as a member and in common with other members of an incorporated company.
8. During a national emergency, the President can:
1. reduce the transfer of finances from Centre to states.
2. increase the transfer of finances from Centre to states.
3. cancel the transfer of finances from Centre to states.
Select the correct answer using the codes given below.
a) 1 only
b) 1 and 2 only
c) 1 and 3 only
d) 1, 2 and 3
Answer & Explanation
c) 1 and 3 only. While a proclamation of national emergency is in operation, the President can modify the constitutional distribution of revenues between the centre and the states. This means that the president can either reduce or cancel the transfer of finances from Centre to the states. So statement 2 about increasing the transfer of finances from Centre to states is incorrect.
9. Which of the following bodies concerned with Inter-State relations are constitutional?
1. River water tribunals
2. Inter-State Councils
3. Zonal Councils
Select the correct answer using the codes given below.
a) 1 and 2 only
b) 2 only
c) 2 and 3 only
d) None
Answer & Explanation
b) 2 only. River water tribunals are setup under an act and therefore are not constitutional. Article 262 of the Constitution provides for the adjudication of inter-state water disputes.Under this provision, the Parliament has enacted the Inter-State Water Disputes Act (1956). The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley.Inter-State Councils are constitutional body under article 263. Zonal councils were setup under the State reorganisation act, 1956 and are thus not constitutional.
10. The legislative assembly of Delhi can make laws on which of the following matters?
1. public order
2. police
3. land
Select the correct answer using the codes given below.
a) 1 only
b) 2 only
c) 3 only
d) None
Answer & Explanation
d) None. The legislative assembly of Delhi can make laws on all the matters of the State List and the Concurrent List except the three matters of the State List, that is, public order, police and land. Therefore, critics have often called Delhi no more than a senior municipality.
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Please read these important articles about prelims preparation
1. How UPSC asks current affairs in GS Prelims
2. How to practice prelims MCQs for UPSC
3. Applying logic in UPSC General Studies Prelims
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