UPSC Essentials | Daily subject-wise quiz: Polity and Governance MCQs on removal of the chief election commissioner, metropolitan council and more (Week 124)

QUESTION 1

Consider the following statements:

1. The property disputes, contract breaches, family law matters like divorce and child custody comes under the civil law.

2. Criminal law deals with acts that are considered offences against the state or society as a whole.

3. In a criminal case, the plaintiff must prove their case on a “preponderance of probabilities”.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Explanation

— Civil law is designed to resolve disputes between private individuals or organisations. Civil cases, known as suits, typically involve disagreements over rights and duties of the parties to the case towards each other. The goal is not to punish but to provide a remedy, usually in the form of monetary compensation (called damages) or a specific action ordered by the court to a party to do or not to do something (called an injunction).

— Examples of civil cases include property disputes, contract breaches, family law matters like divorce and child custody, and cases for recovery of money. In a civil suit, the person who files the case is called the plaintiff, and the person against whom it is filed is the defendant. Hence, statement 1 is correct.

— Criminal law deals with acts that are considered offences against the state or society as a whole. The objective is to punish the offender and deter others from committing similar crimes. The state, represented by a prosecutor, initiates criminal proceedings against the accused. If found guilty, the accused can face penalties ranging from fines to imprisonment and even death. Offences like theft, cheating, assault and murder fall under criminal law. Hence, statement 2 is correct.

— A key distinction between civil and criminal cases is with regards to the burden of proof. In a civil case, the plaintiff must prove their case on a “preponderance of probabilities”, meaning their version of events is more likely to be true than the defendant’s. In a criminal case, the prosecution has the much higher burden of proving the guilt of the accused “beyond a reasonable doubt”. This higher standard reflects the serious consequences of criminal conviction, which can involve the loss of liberty. Hence, statement 3 is not correct.

Therefore, option (b) is the correct answer.

QUESTION 2

The CEC and election commissioners are appointed by the President of India upon the recommendation from a three-member selection committee comprising:

1. Prime Minister

2. Leader of the Opposition (LoP)

3. Speaker of the Lok Sabha

4. Vice-President of India

5. One member of the Union Cabinet

Select the correct answer using the codes given below:

(a) 1, 2 and 3

(b) 3, 4 and 5

(c) 2, 3, 4 and 5

(d) 1, 2 and 5

Explanation

— A day after the Election Commission of India’s (ECI’s) press conference dismissing allegations of electoral fraud as “baseless and invalid”, the INDIA bloc said it was considering moving a motion of removal of the Chief Election Commissioner (CEC) during the ongoing session of Parliament.

— The ECI is entrusted with the responsibility of conducting free and fair elections in the country. Article 324 of the Constitution and the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 lay down provisions regarding the appointment, tenure, and removal of the CEC.

— The CEC and election commissioners are appointed by the President of India upon the recommendation from a three-member selection committee comprising the Prime Minister, the Leader of the Opposition (LoP), and one member of the Union Cabinet.

— The Speaker of the Lok Sabha and Vice-President of India are not part of the committee.

Therefore, option (d) is the correct answer.

QUESTION 3

With reference to the metropolitan council, consider the following statements:

1. It is recognised under the Constitution (74th Amendment) Act, 1992.

2. The municipal council members, including the mayor or president, are elected indirectly.

3. A metropolitan area is an area having a population of above 10 lakh.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Explanation

— The Supreme Court asked the Uttar Pradesh government to consider converting the Noida authority (NOIDA) into a metropolitan corporation to make it more citizen-centric. Noida is currently the only major city in India to not have an elected local government.

— The NCR city is currently governed by the New Okhla Industrial Development Authority (NOIDA), which was constituted in 1976 under the Uttar Pradesh Industrial Area Development Act, 1976, as an industrial township.

— Noida does not have a separate municipal body that performs daily civic functions, like dealing with garbage, street lighting, sewerage and public health, among other issues.

— It is an anomaly in that the development authority, which is supposed to be responsible for the acquisition of land, planned development, and infrastructure creation, is also undertaking civic functions here.

What is a metropolitan council?

— The Constitution (74th Amendment) Act, 1992, recognised three different types of urban local bodies or municipalities: Nagar Palikas for areas transitioning from rural to urban; municipal councils for smaller urban areas; and municipal corporations for larger urban areas. Hence, statement 1 is correct.

— A metropolitan area was defined in the Act as an area having a population of above 10 lakh. Noida had breached the 10 lakh-population mark way back in 2010. Hence, statement 3 is correct.

— In metropolitan regions, municipalities are the third level of governance after the union and state governments and are intended to be directly elected by the populace. In many communities, the mayor or president and other members of the local council are elected directly by the citizens. Hence, statement 2 is not correct.

Therefore, option (b) is the correct answer.

QUESTION 4

Consider the following statements:

1. Article 324(5) of the Constitution states that the CEC can be removed from office by a special majority in both houses.

2. Any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the President of 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 appointment of the Chief Election Commissioner (CEC) are made for a tenure of six years or until the age of 65 years, whichever comes first. The CEC enjoys the same services and monetary benefits that are extended to justices of the Supreme Court.

— Article 324(5) of the Constitution states that the CEC can be removed from office only “in like manner and on the like grounds as a Judge of the Supreme Court.” This framing can also be found in Section 11(2) of the 2023 Act. The article further states that “any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner”. Hence, statements 1 and 2 are not correct.

— With the view of shielding the ECI from political pressures, the bar for removing the CEC is purposefully set to be very high. Going by Article 124(4) of the Constitution, which contains the process for removing a Supreme Court judge, removal can only be “on the ground of proved misbehavior or incapacity.”

Therefore, option (d) is the correct answer.

QUESTION 5

The National Commission for Protection of Child Rights (NCPCR) is a:

(a) Constitutional Body

(b) Quasi-Judicial Body

(c) Statutory Body

(d) Non-Statutory Body

Explanation

— The Supreme Court dismissed a National Commission for Protection of Child Rights (NCPCR) appeal challenging a Punjab and Haryana High Court judgment that held that a 16-year-old Muslim girl can enter into a valid marriage, saying it did not have any locus standi in the matter.

— NCPCR is a statutory body in India established under the Commissions for Protection of Child Rights Act, 2005

— The commission’s job is to make sure that all laws, policies, programs, and administrative structures support the principles of children’s rights as stated in the United Nations Convention on the Rights of the Child and the Indian Constitution. A person who is between the ages of 0 and 18 is considered a child.

Therefore, option (c) is the correct answer.

(Other Source: ncpcr.gov.in)

QUESTION 6

Consider the following important Committees of Constituent Assembly:

1. Committee on the Rules of Procedure

2. Ad hoc Committee on the National Flag

3. Committee on the Functions of the Constituent Assembly

4. Finance and Staff Committee

Rajendra Prasad was not the Chairman of which of the above mentioned committees?

(a) 1 only

(b) 2 and 3 only

(c) 3 only

(d) 2 and 4 only

Explanation

G.V. Mavalankar was the chairman of Committee on the Functions of the Constituent Assembly.

Therefore, option (c) is the correct answer.

(Source: sansad.in)

QUESTION 7

Which of the following states had most number of members in the Constituent Assembly of India?

(a) Madras

(b) Bombay

(c) United Province

(d) Bihar

Explanation

United Province (55) had maximum number of members in the Constituent Assembly of India as on 31st December, 1947. It was followed by Madras (49) and Bihar (36).

Therefore, option (c) is the correct answer.

(Source: sansad.in)

QUESTION 8

Consider the following statements:

1. The power of Rajya Sabha in respect of a Money Bill is limited.

2. Rajya Sabha votes on Demands for Grants of the Ministries/Departments and no money can be withdrawn from the Consolidated Fund of India unless the Appropriation Bill has been passed by both Lok Sabha and Rajya Sabha.

Which of the above given statements is/are true?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Explanation

The Budget of the Government of India is laid every year before Rajya Sabha also and its members discuss it. Though Rajya Sabha does not vote on Demands for Grants of the Ministries/Departments – a matter exclusively reserved for Lok Sabha – no money, however, can be withdrawn from the Consolidated Fund of India unless the Appropriation Bill has been passed by both the Houses. Hence, statement 2 is not true. 

Therefore, option (a) is the correct answer.

(Source: sansad.in)

Previous Daily Subject-Wise-Quiz

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 122)

Daily subject-wise quiz — Polity and Governance (Week 123)

Daily subject-wise quiz —  Science and Technology (Week 123)

Daily subject-wise quiz — Economy (Week 123)

Daily subject-wise quiz — Environment and Geography (Week 123)

Daily subject-wise quiz – International Relations (Week 123)

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