UPSC Essentials : Daily subject-wise quiz | Polity and Governance MCQs on Election system in India, PMLA and more (Week 75)

1. Lok Sabha

2. Legislative assemblies

3. Rajya Sabha

4. Legislative councils

Select the correct answer using the codes given below:

(a) 1 and 2 only

(b) 2 and 4 only

(c) 3 and 4 only

(d) 1 and 3 only

Explanation

— The celebration of Indian democracy through its elections is more than just a means of electing people’s representatives. The people use it to exercise their right to vote and take part in national governance.

— The electoral process encourages political accountability and ensures that leaders answer to the public. India’s voting process serves as a paradigm for managing large-scale democratic exercises while embracing diversity. EVMs and independent authorities such as the Election Commission of India (ECI) help to ensure that elections are credible and efficient.

— In India, members of the Lok Sabha and Vidhan Sabha (legislative assemblies) are elected using the first-past-the-post voting method. In this system, the candidates who receive the most votes win the election.

— The Constituent Assembly, on the other hand, advocated proportional representation in the Rajya Sabha and presidential elections.

Therefore, option (a) is the correct answer.

QUESTION 2

Consider the following statements:

1. Any citizen of India can accept any title from any foreign State.

2. If any person who is not a citizen of India, while he holds any office of profit can accept any title from any foreign State with the consent of 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

Explanation

— Article 18 of the Constitution of India provides for the abolition of titles.

— No title, not being a military or academic distinction, shall be conferred by the State.

— No citizen of India shall accept any title from any foreign State. Hence, statement 1 is not correct.

— No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State. Hence, statement 2 is correct.

— No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

Therefore, option (b) is the correct answer.

(Source: Constitution of India)

QUESTION 3

Consider the following cases:

1. Ajay Ajit Peter Kerkar v. Directorate of Enforcement

2. Pankaj Bansal v. Union of India (2023)

3. Vijay Madanlal Choudhary v. Union of India (2022)

How many of the above cases are related to the Prevention of Money Laundering Act (PMLA)?

(a) Only one

(b) Only two

(c) All three

(d) None

Explanation

— In a series of decisions, the Supreme Court has highlighted the rights of people accused of money laundering, even in the face of stringent provisions on arrest and bail under the Prevention of Money Laundering Act, 2002 (PMLA).

— In Vijay Madanlal Choudhary v. Union of India (2022), a three-judge bench led by Justice A M Khanwilkar (retired) upheld all the challenged PMLA provisions, including the restrictive bail conditions and the wide powers of investigation and arrest granted to the Enforcement Directorate (ED). These powers have been recently reined in through smaller interventions.

— Section 19 of the PMLA gives the ED the power of arrest if the material it possesses gives it reason to believe an individual is guilty of money laundering. The accused must be informed of the grounds of arrest “as soon as may be”. In Vijay Madanlal, the court held that the ED is not bound to supply the accused with a copy of the Enforcement Case Information Report (similar to an FIR), and is only bound to inform them of the grounds for arrest.

— The SC detailed the issue in Pankaj Bansal v Union of India (2023). It found that the grounds were informed orally in some cases and in writing in others. The court said an accused has a fundamental right to be informed of the grounds of arrest under Article 22 of the Constitution of India. Written grounds of arrest must be given “as a matter of course and without exception”, it held. Without this, the arrest would be illegal and invalid.

— On May 16, the court affirmed this in Ajay Ajit Peter Kerkar v Directorate of Enforcement. Notably, Section 436A has since been replaced by Section 479 of the Bharatiya Nagarik Suraksha Sanhita, likely impacting PMLA cases. For example, a new explanation in the section states that if more than one offence or multiple cases are pending against someone — common in money laundering cases — the section on bail will not apply.

Therefore, option (c) is the correct answer.

QUESTION 4

Consider the following statements:

1. Discussion can take place in Parliament for the conduct of any Judge of the Supreme Court in the discharge of his duties during his tenure.

2. The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.

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

Explanation

— No discussion shall take place in Parliament regarding the conduct of any Judge of the Supreme Court or a High Court in the discharge of his duties, save on a move to present an address to the President praying for the Judge’s removal, as stated below. Hence, statement 1 is not correct.

— The validity of any proceedings in Parliament should not be brought into question due to any claimed procedural irregularities. Hence, statement 2 is correct.

— No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

Therefore, option (b) is the correct answer.

(Other Source: Constitution of India)

QUESTION 5

The first law commission of independent India was established in:

(a) 1948

(b) 1950

(c) 1953

(d) 1955

Explanation

— The Union government has notified the constitution of India’s 23rd Law Commission.

— The commission was notified at a time when Prime Minister Narendra Modi renewed calls for the implementation of a Uniform Civil Code and simultaneous elections to the Lok Sabha and state Assemblies during his Independence Day address.

— The statute Commission is a non-statutory commission (not founded by a statute of Parliament) established by the Union Ministry of Law and Justice through a gazette notification.

— The commission was founded to assist the government in reviewing the operation of laws, proposing the repeal of old legislation, and making recommendations on issues presented to it by the government.

— In independent India, the first Law Commission of India was founded in 1955, chaired by M. C. Setalvad, the country’s first Attorney-General. The commission served a three-year term and presented its final report on September 26, 1958.

Therefore, option (d) is the correct answer.

Previous Daily Subject-Wise-Quiz

Daily subject-wise quiz — Polity and Governance (Week 74)

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 74)

Daily subject-wise quiz — Environment, Geography, Science and Technology (Week 74)

Daily subject-wise quiz — Economy (Week 74)

Daily subject-wise quiz – International Relations (Week 74)

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