UPSC Essentials: Daily Subject-wise quiz — Polity and Governance (Week 6)

QUESTION 1

Consider the following statements:

1. In appellate jurisdiction, the  Supreme Court has exclusive power to adjudicate upon disputes involving elections of the President and the Vice President.

2. In advisory jurisdiction, the President has the power to seek an opinion from the apex court under Article 143 of the Constitution

3. In original jurisdiction, the Supreme Court hears appeals from lower courts.

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

(a) 1 and 2 only

(b) 2 only

(c) 3 only

(d) 2 and 3 only

QUESTION 2

With reference to the election of Vice-President of India, which of the following statement(s) is/are correct?

1. The Electoral College consists of members of the Rajya Sabha and the Lok Sabha.

2. The nominated members of the Rajya Sabha do not participate in the election.

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

QUESTION 3

With reference to the Election Commission of India, which of the following statement(s) is/are not correct?

1. It was formed as a three-member body and came into existence on January 25, 1950.

2. The decision of the Chief Election Commissioner (CEC) prevails in case of a difference of opinion on any issue.

3. The Election Commissioners (EC) enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.

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

QUESTION 4

Consider the following:

1. Article 30 says that “any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

2. There shall be a Special Officer for linguistic minorities to be appointed by the President.

3. Minorities have the right to establish and administer educational institutions.

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

(a) 1 and 2 only

(b) 2 and 3 only

(c) 2 only

(d) 1, 2 and 3

QUESTION 5

Which of the following is not fundamental duty mentioned in the Indian Constitution?

(a) To develop the scientific temper, humanism and the spirit of inquiry and reform.

(b) To safeguard public property and to abjure violence.

(c) To promote internal peace and security.

(d) To defend the country and render national service when called upon to do so.

QUESTION 6

Consider the following pairs:

       Articles                      Provisions

1. Article 243-J        Elections to the Panchayats

2. Article 243 -K      Audit of accounts of Panchayats

3. Article 243-I        Constitution of Finance Commission to review the financial position

4. Article 243-G      Powers, authority and responsibilities of Panchayats

How many pair(s) given above is/are correctly matched?

(a) Only one pair

(b) Only two pair

(c) Only three pairs

(d) All four pairs

QUESTION 7

With reference to the power and privileges of the member of parliament, which of the following statement(s) is/are correct?

1. There shall be freedom of speech in Parliament.

2. No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee.

3. No person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, vote or proceedings.

Select the correct answer using the codes given below:

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

QUESTION 8

Which of the following Articles of the Indian Constitution provides freedom to manage religious affairs?

(a) Article 25

(b) Article 26

(c) Article 27

(d) Article 28

ANSWERS TO MCQs

1. (b)

FYI:

— The Supreme Court has three kinds of jurisdictions: original, appellate and advisory.

— In advisory jurisdiction, the President has the power to seek an opinion from the apex court under Article 143 of the Constitution. Hence, statement 2 is correct.

— In appellate jurisdiction, the Supreme Court hears appeals from lower courts. Hence, statement 1 is not correct.

— In its extraordinary original jurisdiction, the Supreme Court has exclusive power to adjudicate upon disputes involving elections of the President and the Vice President, those that involve states and the Centre, and cases involving the violation of fundamental rights. Hence, statement 3 is not correct.

Therefore, option (b) is the correct answer.

2. (a)

FYI:

— Article 66 lays down the process of the election of the Vice-President.

— It says the Vice-President “shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot”. Hence, statement 1 is correct.

— For the 16th Vice-Presidential Election, 2022, the Electoral College consists of 233 elected members of the Rajya Sabha, 12 nominated members of the Rajya Sabha, and 543 elected members of Lok Sabha, adding up to 788 members. Hence, statement 2 is not correct.

— In the system of proportional representation by means of the single transferable vote, the elector has to mark preferences against the names of the candidates.

Therefore, option (a) is the correct answer.

3. (a)

FYI:

— The Election Commission of India is a permanent Constitutional Body. The Election Commission was established in accordance with the Constitution on January 25, 1950.

— Originally the commission had only a Chief Election Commissioner. For the first time, two additional Commissioners were appointed on October 16, 1989, but they had a very short tenure till January 1, 1990. Later, on October 1, 1993, two additional Election Commissioners were appointed. The concept of a multi-member Commission has been in operation since then, with decision-making power by majority vote. Hence, statement 1 is not correct.

— It currently consists of Chief Election Commissioner and two Election Commissioners.

— The President appoints Chief Election Commissioner and Election Commissioners. They have a tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India. Hence, statement 3 is correct.

— The Chief Election Commissioner can be removed from office only through impeachment by Parliament.

— All three Commissioners had equal decision-making powers. The amendment introduced sections that envisaged that the CEC and the ECs would act unanimously and, in case there was a difference of opinion on any issue, the majority view would prevail. Hence, statement 2 is not correct.

Therefore, option (a) is the correct answer.

Other Source: (eci.gov.in)

4. (b)

FYI:

— Article 29, which deals with the “Protection of interests of minorities”, says that “any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same”, and that “no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them”. Hence, statement 1 is not correct.

— Article 30 deals with the “right of minorities to establish and administer educational institutions”. It says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. Hence, statement 3 is correct.

— The State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause”, and that “the state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language”

— Article 350(A) says there shall be a Special Officer for linguistic minorities to be appointed by the President. Hence, statement 2 is correct.

— It shall be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament, and sent to the Governments of the States concerned.

— Currently, only those communities notified under section 2(c) of the National Minorities Commission Act, 1992, by the central government are regarded as minorities.

— In the exercise of its powers under Section 2(c) of the NCM Act, the Centre on October 23, 1993, notified five groups — Muslims, Christians, Sikhs, Buddhists and Parsis — as ‘minority’ communities. Jains were added to the list in January 2014.

Therefore, option (b) is the correct answer.

5. (c)

FYI:

— The fundamental duties were incorporated in Part IV-A of the Constitution by 42nd Amendment Act, 1976, during Indira Gandhi’s Emergency.

— Article 51(A) describes 11 fundamental duties — 10 came with the 42nd Amendment; the 11th was added by the 86th Amendment in 2002.

— These duties are not enforceable by law. However, a court may take them into account while adjudicating on a matter.

— They were made a part of the Constitution to emphasise the obligation of the citizen in return for the fundamental rights that he or she enjoys. The Russian Constitution has the concept of fundamental duties.

— Article 51(A) says it shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;

(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, a ward between the age of six and fourteen years

Therefore, option (c) is the correct answer.

6. (b)

FYI:

Articles	Provisions
Article 243-J	Audit of accounts of Panchayats: The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Panchayats and the auditing of such accounts.
Article 243- k	Elections to the Panchayats: (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. (2) Subject to the provisions of any law made by the Legislature of a State, the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine: Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment. (3) The Governor of a State shall, when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission by clause (1). (4) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Panchayats
Article 243-I	Constitution of Finance Commission to review financial position: (1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to: (a) the principles which should govern- (i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by the Panchayat; (iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State; (b) the measures needed to improve the financial position of the Panchayats; (c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats. (2) The Legislature of a State may, by law, provide for the composition of the commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected. (3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them. (4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
Article 243-G	Powers, authority and responsibilities of Panchayats: Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level, subject to such conditions as may be specified therein, with respect to- (a) the preparation of plans for economic development and social justice; (b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.

Therefore, option (b) is the correct answer.

Source: (india.gov.in)

7. (d)

FYI:

— Article 105 of the Constitution deals with “powers, privileges, etc of the Houses of Parliament and of the members and committees thereof”, and has four clauses. It reads:

(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.

(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.”

— The Members of Parliament are exempted from any legal action for any statement made or act done in the course of their duties. For example, a defamation suit cannot be filed for a statement made in the House.

— This immunity extends to certain non-members as well, such as the Attorney General for India or a Minister who may not be a member but speaks in the House.

— In cases where a Member oversteps or exceeds the contours of admissible free speech, the Speaker or the House itself will deal with it, as opposed to the court.

Therefore, option (d) is the correct answer.

8. (b)

FYI:

— Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practice and propagate religion”. It is a right that guarantees a negative liberty — which means that the state shall ensure that there is no interference or obstacle to exercising this freedom.

— Article 26 provides freedom to manage religious affairs.

— Article 27 provides freedom as to payment of taxes for the promotion of any particular religion.

— Article 28 provides freedom to attendance at religious instruction or religious worship in certain educational institutions.

Therefore, option (b) is the correct answer.

Other Source: (cdnbbsr.s3waas.gov.in)

Previous Quizzes:

Polity and Governance (Week 3)

Polity and Governance (Week 4)

Polity and Governance (Week 5)

History, Culture, and Social Issues (Week 3)

History, Culture, and Social Issues (Week 4)

History, Culture, and Social Issues (Week 5)

UPSC Weekly Quiz (Current Affairs)

UPSC Essentials: Daily subject-wise quiz — Economy (Week 3)

UPSC Essentials: Daily subject-wise quiz — Economy (Week 4)

UPSC Essentials: Daily subject-wise quiz — Economy (Week 5)

UPSC Essentials: Daily subject-wise quiz — Economy (Week 5)

Environment, Geography, Science and Technology (Week 3)

Environment, Geography, Science and Technology (Week 4)

Environment, Geography, Science and Technology (Week 5)

International Relations (Week 3)

International Relations (Week 4)

International Relations (Week 5)

International Relations (Week 6)

Tomorrow’s Quiz: History, Culture and Social Issues

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