UPSC Essentials | Daily subject-wise quiz : Polity and Governance MCQs on Article 31C, CAG, and more (Week 57)

(a) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions shall be charged upon the Consolidated Fund of India.

(b) The Comptroller and Auditor-General shall be eligible for further office under the Government of India.

(c) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law.

(d) The reports of the Comptroller and Auditor General of India relating to the accounts of the Union shall be submitted to the President.

QUESTION 2

Consider the following statements:

Statement 1:

Free and fair elections have been placed on the highest constitutional pedestal.

Statement 2:

In 1975, the Supreme Court recognised that free and fair elections are a part of the ‘basic structure’ of the Constitution of India.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I

(c) Statement-I is correct Statement-II is incorrect

(d) Statement-I is incorrect Statement-II is correct

QUESTION 3

With reference to the Article 31C, consider the following statements:

1. It was introduced by The Constitution (Twenty-fifth) Amendment Act, 1971.

2. As per Article 31C, Articles 39(b) and 39(c) cannot be challenged by invoking the right to equality.

Which of the statement(s) given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

QUESTION 4

Which of the following articles of the Indian Constitution grants the President and Governors immunity for any conduct done while exercising and performing the powers and responsibilities of their offices?

(a) Article 361

(b) Article 363

(c) Article 366

(d) Article 369

QUESTION 5

Consider the following statements:

1. Vice-President can be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People.

2. All doubts and disputes arising out of or in connection with the election of a Vice-President shall be inquired into and decided by the Election Commission.

Which of the statement(s) given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

ANSWERS TO THE MCQs

1. (b)

FYI:

— There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.

— Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

— The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule.

— The Comptroller and Auditor-General shall be not eligible for further service under the Government of India or the Government of any State after leaving office.

— The Comptroller and Auditor-General’s administrative expenditures, including all salaries, allowances, and pensions payable to or in respect of personnel serving in that office, shall be charged to India’s Consolidated Fund.

— The President will present the Comptroller and Auditor General of India’s reports on the Union’s accounts to each House of Parliament.

Therefore, option (b) is the correct answer.

(Other Source: Constitution of India)

2. (a)

FYI:

— In 1975, the Supreme Court in the case of Indira Gandhi v Raj Narain recognised that free and fair elections are a part of the ‘basic structure’ of the Constitution of India, and any laws or policies that would violate this principle could be struck down.

— Though free and fair elections have been placed on the highest constitutional pedestal, the Supreme Court has held that the rights to elect and be elected do not enjoy the same status.

— For instance, a five-judge constitution Bench in 2006, in the case of Kuldip Nayar v. Union of India held that the right to vote (or the right to elect as it was called) is “pure and simple, a statutory right”. This means that voting is not a fundamental right and can be repealed.

— Section 8 of the Representation of People Act of 1951 (RP Act) is titled “Disqualification on conviction for certain offences”. Suppose a person is convicted of any of the charges listed in the clause. In that instance, they will be barred from contesting elections to Parliament or state legislatures beginning with the date of conviction and continuing for six years following their release.

Therefore, option (a) is the correct answer.

3. (c)

FYI:

— A nine-judge Supreme Court bench led by Chief Justice of India D Y Chandrachud decided to take up another matter of “radical constitutional consequence” last week while deliberating on a case concerning the government’s ability to acquire and redistribute private property: does Article 31C still stand?

— Article 31C protects laws enacted to ensure the “material resources of the community” are distributed to serve the common good (Article 39(b)) and that wealth and the means of production are not “concentrated” to the “common detriment” (Article 39(c)).

— Article 39 of the Constitution lists certain directive principles of state policy, which are meant to be guiding principles for the enactment of laws, but are not directly enforceable in any court of law.

— As per Article 31C, these particular directive principles (Articles 39(b) and 39(c)) cannot be challenged by invoking the right to equality (Article 14) or the rights under Article 19 (freedom of speech, right to assemble peacefully, etc). Hence, statement 2 is correct.

— Article 31C was introduced by The Constitution (Twenty-fifth) Amendment Act, 1971. Hence, statement 1 is correct.

— An eleven-judge bench overturned the Act, citing the now-repealed Article 31(2), which stated that the government could not acquire any property for public purposes under any law unless the law fixed compensation for the property or specified the principles on which compensation would be based.

— In the Bank Nationalisation case, the court determined that the Banking Act did not adequately protect the ‘right to compensation’.

Therefore, option (c) is the correct answer.

4. (a)

FYI:

— Even if a complaint of sexual harassment has been made in Kolkata against West Bengal Governor C V Ananda Bose, constitutional immunity prevents the police from naming him as an accused or even investigating the case.

— Article 361 of the Constitution that deals with immunity to the President and the Governors states that they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties…”

— The provision also has two crucial sub-clauses:

(1) that no criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office.

(2) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.

Therefore, option (a) is the correct answer.

5. (a)

FYI:

— The Vice-President shall hold office for a term of five years from the date on which he enters upon his office.

— The Vice-President may be removed from office by a resolution of the Council of States passed by a majority of all then-members of the Council and agreed to by the House of the People; however, no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice of the intention to move the resolution has been given. Hence, statement 1 is correct.

— All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final. Hence, statement 2 is not correct.

— If a person’s election 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, as the case may be, on or before the date of the Supreme Court’s decision are not invalidated by that declaration.

Therefore, option (a) is the correct answer.

(Other Source: Constitution of India)

Previous Daily Subject-Wise-Quiz

Daily subject-wise quiz — Polity and Governance (Week 56)

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 56)

Daily subject-wise quiz — Environment, Geography, Science and Technology (Week 56)

Daily subject-wise quiz — Economy (Week 56)

Daily subject-wise quiz – International Relations (Week 55)

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