UPSC Essentials | Daily subject-wise quiz: Polity and Governance MCQs on High Courts for Union territories, laws on property acquired by minors and more (Week 134)

QUESTION 1

The laws on property acquired by minors through their guardians are determined through:

1. Indian Contract Act 1872

2. Hindu Minority and Guardianship Act, 1956

3. Guardian and Wards Act, 1890

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

Explanation

— The laws on property acquired by minors through their guardians are determined through three pieces of legislation— the Indian Contract Act 1872, the Hindu Minority and Guardianship Act, 1956, and the Guardian and Wards Act, 1890.

— To enter into a valid contract, four conditions must be met. There must be consent between the parties, the transaction must have a lawful object, it must be supported by legal consideration, and the parties must be competent to contract. Of these, the competency becomes key when one of the parties is a minor represented by a guardian.

— Section 11 of the Indian Contract Act states that, “Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.” This places minors outside the scope of those who are competent to enter into a valid contract.

— There are limited exceptions. If a minor is provided with necessities suited to their condition in life, the supplier can recover the cost of those items from the minor’s property. Contracts that are clearly for the benefit of the minor may also be upheld. A guardian may enter into contracts on behalf of a minor if the arrangement serves the minor’s interest. A minor cannot be a full partner in a business, but can receive a share of profits under a valid partnership deed.

— The Hindu Minority and Guardianship Act, under Section 8, lays down the powers of a ‘natural guardian’ to act reasonably “for the benefit of the minor or for the realization, protection or benefit of the minor’s estate.” Section 8(2) bars the guardian from selling, mortgaging, gifting, or leasing the minor’s immovable property without prior permission of the court. If a transfer is made without such permission, subsection (3) makes it “voidable at the instance of the minor or any person claiming under him.”

— The Guardian and Wards Act, under Section 29, reiterates the same limitation: a guardian cannot dispose of a ward’s property without the court’s sanction.

Therefore, option (d) is the correct answer.

QUESTION 2

With reference to the High Courts for Union territories, consider the following statements:

1. The President may, by law, constitute a High Court for a Union territory.

2. Delhi and Puducherry are the only Union Territories with their own High Courts.

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

— Parliament may by law constitute a High Court for a Union territory or declare any court in any such territory to be a High Court for all or any of the purposes of this Constitution. Hence, statement 1 is not correct.

— The provisions of Chapter V of Part VI shall apply in relation to every High Court referred to in clause (1) as they apply in relation to a High Court referred to in article 214 subject to such modifications or exceptions as Parliament may by law provide.

— Delhi is the only Union Territory with its own High Court. The Madras High Court has jurisdiction over the Puducherry Union Territory. Hence, statement 2 is not correct.

— The Bombay High Court is responsible for Dadra and Nagar Haveli and Daman and Diu, whereas the Calcutta High Court is in charge of the Andaman and Nicobar Islands. The Jammu & Kashmir and Ladakh High Court serves both Union Territories.

Therefore, option (d) is the correct answer.

(Source: Constitution of India)

QUESTION 3

The salaries and allowances of members of the Parliament are provided in the:

(a) Article 105

(b) Article 106

(c) Article 104

(d) Article 107

Explanation

— Article 106 of the Constitution of India provides for the salaries and allowances of members of the Parliament.

— Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India.

Therefore, option (b) is the correct answer.

(Source: Constitution of India)

QUESTION 4

With reference to the amendment to the Constitution, consider the following statements:

1. Provisions related to Fundamental Rights can be amended by a simple majority.

2. In special majority, the amendment Bill is passed in both Houses of Parliament by a majority of not less than two thirds of the members present and voting.

3. There is no amendment that requires ratification by the legislatures of the states.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Explanation

— The Constitution prescribes three different standards for amending different provisions.

Simple majority

— Several provisions of the Constitution can be amended using the same simple legislative procedure used to pass any ordinary legislation in Parliament. This is accomplished by a simple majority of those present and voting. For example, admission or establishment of new states, formation of new states, abolition or creation of legislative council.

— Article 368, interestingly, does not directly make a list of such ‘less significant’ provisions. However, such provisions are excluded from the scope of Article 368 throughout the Constitution, creating a separate category.

Special majority

— For amending provisions that do not fall under the first category, Article 368 requires that the amendment Bill is passed in both Houses of Parliament by a majority of not less than two thirds of the members present and voting. For example, Fundamental Rights and Directive Principle of State Policy. Hence, statement 1 is not correct and  statement 2 is correct.

— According to Rule 158 of the Lok Sabha Rules, ‘total membership’ refers to the total number of members of the House, regardless of any current vacancies or absentees.

Ratification by states

— A third category of provisions need not just a special majority to be amended, but also require ratification by the legislatures of at least half of the states. Only after the states’ ratification can such an amendment be presented to the President for assent. For example, Election of the President and its manner, distribution of legislative powers between the Union and the States. Hence, statement 3 is not correct.

Therefore, option (a) is the correct answer.

QUESTION 5

Consider the following statements:

1. All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

2. Religious instruction can be provided in any educational institution wholly maintained out of State funds.

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 religious instruction shall be provided in any educational institution wholly maintained out of State funds. Hence, statement 2 is not correct.

— No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

— All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. Hence, statement 1 is correct.

Therefore, option (a) is the correct answer.

(Source: Constitution of India)

Previous Daily Subject-Wise-Quiz

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 128)

Daily subject-wise quiz — Polity and Governance (Week 133)

Daily subject-wise quiz —  Science and Technology (Week 133)

Daily subject-wise quiz — Economy (Week 133)

Daily subject-wise quiz — Environment and Geography (Week 133)

Daily subject-wise quiz – International Relations (Week 133)

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