UPSC Essentials | Daily subject-wise quiz: Polity and Governance MCQs on the number of Lok Sabha seats, disqualification and more (Week 101)

QUESTION 1

With reference to the number of Lok Sabha seats, consider the following statements:

1. The Constitution (Forty-second Amendment) Act, 1976 – passed by the government focused on efforts to control India’s population – froze the number of Lok Sabha seats until after the first Census taken after 2000.

2. Based on the Census of 1961, the number of Lok Sabha seats was fixed at 543.

3. In 2002, the government extended the freeze until at least 2046.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Explanation

— Constituency boundaries reflect the constitution’s commitment to a fair and representative electoral structure, as well as equitable representation of citizens in elected bodies.

— The number of constituencies in Parliament and state assemblies is changed to reflect the most recent population figures, ensuring that the number of Indians represented by an MP/MLA remains fairly constant. (The notion of ‘one citizen, one vote, one value’ established by Article 81.)

— According to the 1971 Census, the number of Lok Sabha seats was fixed at 543, implying that each MP represented around one million Indians. (The number of Lok Sabha seats was previously fixed at 494 and 522 following the censuses of 1951 and 1961, respectively.) Hence, statement 2 is not correct.

— The Constitution (Forty-second Amendment) Act, 1976, passed by the Emergency government to manage India’s population, froze the number of Lok Sabha seats until the first Census after 2000. Hence, statement 1 is correct.

— In 2002, the Atal Bihari Vajpayee government extended the freeze until at least 2026. Hence, statement 3 is not correct.

Therefore, option (a) is the correct answer.

QUESTION 2

With reference to the disqualification, consider the following statements:

1. The Election Commission (EC) has the power to remove or reduce the period of disqualification.

2. The EC is empowered to give relief to those who are disqualified for corrupt practices.

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

— The Supreme Court heard a case seeking a permanent prohibition on prisoners contesting elections, rather than the current six-year disqualification under the Representation of the People Act (RP Act), 1951. As part of the proceedings, the court requested that the Election Commission (EC) submit facts on previous cases in which the latter utilised its discretion under the RP Act to lessen convicts’ disqualification periods.

— Section 8 of the RP Act requires offenders to be disqualified for six years in certain circumstances, including convictions for any offence and a two-year or longer prison sentence.

— The EC is authorised to grant remedy to those disqualified, with the exception of those disqualified for corrupt acts under Section 8A of the RP Act. Section 11 of the Act empowers the EC to eliminate or modify the period of disqualification. Hence, statement 1 is correct and statement 2 is not correct.

— The EC does not keep a public list of the reductions or deletions that it has ordered. However, it does publish an annual list of disqualified persons per state.

— Candidates who have been disqualified can file an appeal with the EC. The electoral body then holds hearings and issues an order outlining the reasons for its decision.

Therefore, option (a) is the correct answer.

QUESTION 3

The case Radhika Agarwal v Union of India is associated with:

(a) the “guiding principles” for the use of smartphones on school premises.

(b) Maharashtra Slum Areas development

(c) Customs Act, 1962, and the Central Goods and Services Tax Act, 2017

(d) disqualification of members

Explanation

— The Supreme Court limited the authority of officials conducting arrests under the Customs Act of 1962 and the Central Goods and Services Tax Act of 2017.

— In Radhika Agarwal v Union of India, the court ruled that the powers exercised by custom officers under these acts are “analogous” to the powers of arrest, search, and seizure exercised by police, i.e., they are subject to the same restrictions and procedural standards as police under the Code of Criminal Procedure, 1973.

— Among other things, these procedural standards include an arrestee’s right to be presented before a magistrate within 24 hours of her arrest, an official’s obligation to notify a friend or family member of the arrestee, and an arrestee’s right to have an advocate present during an interrogation.

— Both the Customs and CGST Acts designate particular acts as ‘cognisable’, which allows for arrests without a Magistrate’s warrant. Section 104(4) of the Customs Act, for example, makes significant offences such as evading customs duty of more than Rs 50 lakhs cognisable.

Therefore, option (c) is the correct answer.

QUESTION 4

Consider the following statements:

1. The Lokpal is an independent statutory body that is under the aegis of the executive.

2. The Lokayukta Act shall apply to public servants inside the country and not to those residing outside India.

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

— The Supreme Court has halted a Lokpal order that took up a corruption charge against an unnamed High Court judge.

— The Lokpal panel, chaired by former Supreme Court judge A.M. Khanwilkar, ruled on January 27 that it has the authority to consider corruption accusations against former judges under the Lokpal and Lokayuktas Act, 2013 (Lokpal Act).

— The Lokpal is an independent statutory body under the aegis of the executive. Admitting its January 27 ruling could have created a new path for complaints against judges, without following the previously established process for such matters. Hence, statement 1 is correct.

— Section 77 of the Indian Penal Code, 1860 (IPC) stipulates that a judge cannot be charged with a crime if the allegation is related to the performance of her official responsibilities. This clause has been reprinted as Section 15 of the Bharatiya Nyaya Sanhita, 2023.

— According to the Lokayukta Act, “It shall apply to public servants in and outside India“. Section 14 of the Act defines “public servant” as “any person who is or has been a chairperson, member, officer, or employee in any autonomous body established by an Act of Parliament, wholly or partly financed by the Central Government or controlled by it.” While judges are not explicitly mentioned, sub-section (f) includes them. Hence, statement 2 is not correct.

Therefore, option (a) is the correct answer.

QUESTION 5

When a resolution for the removal of the Chairman or the Deputy Chairman from office is under consideration, then:

1. He/she cannot preside over the meeting of the council of states.

2. He/she has the right to speak.

3. He/she can vote on resolution or on any other matter during such proceedings.

Select the correct answer using the codes given below:

(a) 1 only

(b) 2 and 3 only

(c) 1 and 2 only

(d) 2 only

Explanation

— While any resolution to remove the Vice-President from his office is being considered, the Chairman, or the Deputy Chairman, shall not preside over any meeting of the Council of States, even if he is present. Hence, statement 1 is correct.

— The Chairman shall have the right to speak in and otherwise participate in the proceedings of the Council of States while any resolution to remove the Vice-President from his position is being considered by the Council. Hence, statement 2 is correct.

— He/she shall have no right to vote on such resolution or any other subject during such proceedings. Hence, statement 3 is not correct.

Therefore, option (c) is the correct answer.

(Source: Constituion of India)

Previous Daily Subject-Wise-Quiz

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 101)

Daily subject-wise quiz — Polity and Governance (Week 100)

Daily subject-wise quiz —  Science and Technology (Week 100)

Daily subject-wise quiz — Economy (Week 100)

Daily subject-wise quiz — Environment and Geography (Week 100)

Daily subject-wise quiz – International Relations (Week 100)

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