UPSC Prelims 2027 Polity Quiz (Week 175): MCQs on Money bill, Hicklin test and more

4. Rajya Sabha can amend, reject or delay the Bill.

How many of the statements given above are correct?

(a) Only two

(b) Only three

(c) All four

(d) None

Relevance: This question tests the constitutional provisions governing Money Bills under Article 110, including their scope, introduction and the role of Rajya Sabha. It is important for understanding Parliamentary procedure, bicameralism and the financial powers of the Lok Sabha.

Explanation

— The Rajya Sabha passed the Supreme Court (Number of Judges) Amendment Bill, 2026, which seeks to increase the sanctioned strength of Supreme Court judges from 34 to 38 including the Chief Justice of India.

— The Bill, which cleared Lok Sabha Monday, was passed as a money Bill, a route it had also taken in 2019 when the Supre­me Court strength was raised to 34. In 2018, a key dissenting opinion in a Supreme Court ruling had described this route as a “fraud on the Constitution.”

— A Money Bill is not restricted only to taxation, government borrowing and the Consolidated Fund. Article 110 covers several matters, including appropriation of money, custody/receipt/audit of public funds, and matters incidental to the specified provisions.

Therefore, option (d) is the correct answer.

QUESTION 2

Consider the following statements:

1. Article 145(3) of the Constitution provides that no fewer than five judges may decide a case involving a “substantial question of law” concerning the interpretation of the Constitution.

2. Article 145(3) requires such a case to be heard only by a Constitution Bench constituted by the President of India.

Which one of the following is correct in respect of the above statements?

(a) Both Statement 1 and Statement 2 are correct and Statement 2 is the correct explanation for Statement 1.

(b) Both Statement 1 and Statement 2 are correct and Statement 2 is not the correct explanation for Statement 1.

(c) Statement 1 is correct but Statement 2 is incorrect.

(d) Statement 1 is incorrect but Statement 2 is correct.

Relevance: This question tests knowledge of Article 145(3) and the constitutional provisions governing the composition of Constitution Benches of the Supreme Court. It is relevant for understanding the judicial interpretation of the Constitution, Supreme Court procedures and powers of the Chief Justice of India.

Explanation

— The Supreme Court decides major questions concerning the interpretation of the Constitution while managing an extensive daily docket of civil and criminal appeals, special leave petitions, writ petitions and other regular matters. This has led to a substantial backlog of cases, something the Bill’s Statement of Objects and Reasons refers to.

— Article 145(3) of the Constitution provides that no fewer than five judges may decide a case involving a “substantial question of law” concerning the interpretation of the Constitution. The same minimum applies when the court considers a reference made by the President under Article 143. Hence, statement 1 is correct,

— Article 145(3) does not state that such a Bench is constituted by the President of India. Constitution Benches of the Supreme Court are constituted by the Chief Justice of India. Hence, statement 2 is not correct.

— To be clear, not every case in which a Constitutional provision is invoked needs to be heard by five judges. The key factor here is whether it involves a “substantial question of law”.

— The need for a larger Bench — of seven, nine or more judges — may arise in other ways, too — to resolve conflicts between earlier rulings, reconsider binding precedents or answer questions referred for authoritative determination.

Therefore, option (c) is the correct answer.

QUESTION 3

With reference to the Foreigners’ Tribunal, consider the following statements:

1. Foreigners’ Tribunals are established by the Central Government under the Foreigners Act, 1946 to determine whether a person is a foreigner or an Indian citizen.

2. These are quasi-judicial bodies.

3. The District Magistrate (DM) has the power to refer a case to the Tribunal or set up the Tribunal.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Relevance: This question tests the legal basis, composition and functions of Foreigners’ Tribunals, an important aspect of citizenship and migration governance. It is relevant for understanding the Foreigners Act, 1946, Foreigners (Tribunals) Order, 1964, and the roles of the Centre and district administration.

Explanation

— The Foreigners (Tribunals) Order, 1964 was issued by the Central Government under Section 3 of The Foreigners Act, 1946. It is applicable to the whole country. Major amendments in the Foreigners (Tribunals) Order, 1964 were undertaken in 2013. The last amendment was issued in May, 2019. All these orders are applicable to the whole country and are not specific to any state.

— This Amendment Order also provides for reference by the District Magistrate to the Tribunal for its opinion as to whether the Appellant is a “foreigner” or not within the meaning of the Foreigners Act, 1946. The District Magistrate (DM) has the power to refer a case to the Tribunal or set up the Tribunal, the DM does not make the final adjudication. Hence, statement 3 is correct.

— Foreigners’ Tribunals are quasi-judicial bodies. Hence, statement 2 is correct.

— Foreigners’ Tribunals are constituted by the Central Government under the Foreigners (Tribunals) Order, 1964, and their functioning is governed by the Foreigners Act, 1946. Hence, statement 1 is not correct.

Therefore, option (b) is the correct answer.

(Other Source: http://www.pib.gov.in)

QUESTION 4

With reference to the Hicklin test, consider the following statements:

1. It assesses obscenity by considering the likely impact of the impugned material on susceptible minds.

2. It requires the allegedly obscene material to be assessed in its entirety and in the context of contemporary community standards.

3. Its approach to obscenity has been criticised for potentially imposing a restrictive standard on freedom of expression.

Which of the statements given above is/are correct?

(a) 1 and 3 only

(b) 2 only

(c) 1 and 2 only

(d) 1, 2 and 3

Relevance: This question tests the Hicklin test, obscenity and freedom of speech under Article 19(1)(a). It is relevant for understanding the evolution of judicial standards for regulating free speech and the distinction between the Hicklin test and contemporary community standards.

Explanation

— On July 29, Noida Police registered a Zero FIR against a female Noida resident over remarks made about Prime Minister Narendra Modi during a protest at Delhi’s Jantar Mantar. The FIR invokes Sections 352, 353(1) and 356(1) of the Bharatiya Nyaya Sanhita (BNS) — covering insult, public mischief and defamation.

— The legal doctrine for defining obscenity in India was tested by the ban on DH Lawrence’s final novel, Lady Chatterley’s Lover, published in the 20th century. In the 1965 landmark ruling in Ranjit D. Udeshi v. State of Maharashtra, the Supreme Court upheld the book ban and the constitutionality of Section 292 of the IPC, which allows the “sale of obscene books”.

— In doing so, the court also laid down the test for obscenity: an 1868 English rule called the Hicklin test. The test asked whether isolated passages of a work could corrupt the most vulnerable reader, and the court determined that Lady Chatterley’s Lover did that.

— The Hicklin test determines if allegedly obscene content is likely to deprave and corrupt those who are vulnerable to such influences. Hence, statement 1 is correct.

— The contemporary community standards test, rather than the Hicklin test, is used to evaluate the material as a whole and in the context of modern community standards. The Hicklin approach could concentrate on specific passages and their possible impact on sensitive brains. Hence, statement 2 is not correct.

— The Hicklin test has been challenged for taking a restricted approach to obscenity, potentially limiting free speech and expression under Article 19(1)(a). Hence, statement 3 is correct.

Therefore, option (a) is the correct answer.

QUESTION 5

With reference to the adjournment motion, consider the following statements:

1. The adjournment motion is a form of censure of the government.

2. It started its journey in India under the rules of the pre-independent bicameral legislature established under the Government of India Act of 1919.

Which of the statements given above are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Relevance: This question tests the Adjournment Motion as a parliamentary device for raising urgent matters of public importance and censuring the government. It is relevant for understanding Parliamentary control over the executive, motions and procedures, and the evolution of legislative practices in India.

Explanation

— Members of the INDIA bloc staged a walkout from Rajya Sabha, the Day 13 of the Monsoon Session, during a debate on a Bill to increase the number of judges in the Supreme Court.

— The adjournment motion is a form of censure of the government. It originated in the House of Commons in the United Kingdom, and started its journey in India under the rules of the pre-independent bicameral legislature established under the Government of India Act of 1919. Hence, statements 1 and 2 are correct.

— The central assembly and legislative council members could move the adjournment motion in their Houses.

— Presiding officers of these Houses allowed adjournment motions because members did not have other procedural devices for raising urgent matters. And since the British administration was not under the legislature’s control, it was one of the few procedural measures for members to express their concerns over a particular serious matter.

Therefore, option (c) is the correct answer.

Previous Daily Subject-Wise-Quiz

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 159)

Daily subject-wise quiz — Polity and Governance (Week 174)

Daily subject-wise quiz —  Science and Technology (Week 174)

Daily subject-wise quiz — Economy (Week 174)

Daily subject-wise quiz — Environment and Geography (Week 174)

Daily subject-wise quiz – International Relations (Week 174)

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