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Parliament — UPSC Prelims Polity previous year questions — page 5

371 solved previous year questions on Parliament, papers from 1990 to 2023, drawn from UPSC CDS, State PCS, UPSC CAPF. Each carries the printed answer key and the explanation from the source compilation.

1. #161Practice set
   Consider the following statements regarding the similarities and differences between an 'Overseas Citizen of India (OCI)' and a Non-Resident Indian (NR 1. An NRI, but not OCI, is eligible to vote in the Parliamentary elections. 2. Neither NRI nor OCI is allowed to acquire/purchase any type of property in India. 3. An OCI, but not NRI, needs to apply for visa every time he/ she visit India.How many of the above given statements are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (A) Only one
   Explanation

   Option a is the correct non-resident Indian (NRI) is a person who outside India and holds Indian passport. He has as available to Indian citizens (subject to by the government). An Overseas Citizen of is a person who has been registered as such under Act, l is correct: Like citizens of India, vote in the elections held in India local, state or However, an OCI is not entitled to vote in elections. Hence, the given statement is 2 is incorrect: Both NRI and OCI can in immovable properties like residential properties. However, they are not allowed agricultural 3 is incorrect: An NRI enjoys almost all like an ordinary citizen. So, he does not need a visit to India. Similarly, OCI holder also enjoys of multiple entry lifelong visa for any purpose. words, an OCI holder need not apply for visa he/ she wants to visit can buy various kinds of commercial and except for those involved with like farm

2. #162Practice set
   Consider the following statements with reference to provisions about the socially and economically backward classes (SEBC): 1. The Parliament can modify the central list of identification of SEBCs. 2. A State government has no power to include a caste in SEBCs List of the State. 3. States are empowered to announce measures for welfare of SEBCs in their territory.How many statements given above are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (B) Only two
   Explanation

   Option b is the correct 1 is correct: Under Article 341, 342 and President initially includes various groups/ into the central lists identifying SC, ST and economically Backward Classes (SEBC) respectively. or modification thereafter is done by the the Parliament (not the 2 is incorrect. The Supreme court while the validity of Maratha reservation case in Pati v The Chief Minister and others, said is to be only 1 list identifying SEBCs - the central will be modified by the Parliament. Further it the states can only make recommendations and exclusions. But recently the Parliament 127th Constitutional Amendment Bill (adding which clarified that the Parliament will the Central List and that each state has the power and modify its State List regarding identification in their 3 is The Supreme Court in Pati v The Chief Minister and others stated, as according to Artide,; 15 and 16 of the once i

3. #163Practice set
   With reference to the Right to be Forgotten, which of the following statements is correct?
   • AIt does not include the right to take down a court order
   • BIn India, the IT Act of 2000 provides for the right to be forgotten
   • CIt has been recognised as a statutory right in the USA under the General Data Protection Regulation (GDPR)
   • DThe right to be forgotten is an inherent aspect of the right to privacy
   Answer: (D) The right to be forgotten is an inherent aspect of the right to privacy
   Explanation

   Option d is the correct a is incorrect. Right to be Forgotten also right to take down a court order. In its order in Singh Mundy case 2021, the Delhi HC also where a court order is demanded to be taken down, will be required to examine the right to privacy of on one hand, and the right to information of and maintenance of transparency in judicial the other b is incorrect. There is no law in India that recognize and provides for the right to be the Personal Data Protection Bill 2019 right. Section 20 of the Bill gave an individual the restrict or prevent the continuing disclosure of data when such data ( 1) has served the which it was collected, or is no longer necessary for (2) was made with the conseut of individual, has since been withdrawn; or (3) was made the PDP Bill or any law in force. However, the this right enforceable only on an order passed by officer appointed under the c is

4. #164Practice set
   With reference to preventive detention laws, consider the following: 1. As per the Unlawful Activities (Prevention) Act,1967 bail cannot be granted to a suspect in any scenario. 2. Under the Unlawful Activities (Prevention) Act, 1967 the onus to prove innocence lies on the accused and not the prosecution. 3. Parliament has exclusive authority to make a law of Preventive detention.How many statements given above are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (A) Only one
   Explanation

   Option a is the correct l is incorrect. As per Section of Activities (Prevention) Act,1967 bail cannot be granted to a suspect if the court is of the opinion that reasonable grounds to believe that the charges are 2 is correct. Due to section bail difficult to get under Unlawful Act, 1967. Also, a supreme court Watali case has clarified that the court considering not examine the evidence too deeply, but must go prosecution version based on broad probabilities. that the onus is on the accused to show that is false but without inviting the court to evaluate 3 is incorrect. Parliament has exclusive make laws on preventive detention for reasons defence, foreign affairs and the security of India. has divided the legislative power with preventive detention between the Parliament and Important Tips Under Unlawful Activities (Prevention) Act,1967 both Indian and foreign nationals can be charged.

5. #165Practice set
   With reference to martial law mentioned under Article 34, consider the following statements: 1. The Constitution makes no specific provision for executive to declare martial law. 2. It empowers the Parliament to indemnify any person for any act done where martial law was in force. 3. It affects distribution of revenues and legislative powers between Centre and states.How many statements given above are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (B) Only two
   Explanation

   Option b is the correct 1 is correct. There is no specific or in the Constitution that authorizes the executive martial law. It is implicit in Article 34 under law can be declared in any area within the 2 is correct. Article 34 empowers the indemnify any government servant or any other any act done by him in connection with the restoration of order in any area where martial law was The Act of Indemnity made by the Parliament challenged in any court on the ground of any of the fundamental 3 is incorrect. Martial law affects Rights. Unlike national emergency, it does Centre-state relations, distribution of revenues powers between centre and states, and the the Parliament

6. #166Practice set
   With reference to the "International Covenant on Economic, Social and Cultural Rights (ICESC consider the following statements: 1. It is an international treaty related to human rights which was adopted by European Council. 2. India is a party to the treaty. 3. It is a part of the International Bill of Human Rights.How many statements given above are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (B) Only two
   Explanation

   Option b is the correct l is incorrect. The International Economic, Social and Cultural Rights (ICESCR) is treaty adopted by the United Nations (UNGA) on 16 December 1966 and it came from 3 January 2 is correct. India ratified the treaty on 10 3 is correct. ICESCR (and its Optional Declaration of Human Rights, and on Civil and Political Rights (ICCPR) are part Bill of Human Rights. Important Tips The ICESCR aims to ensure the protection of economic, social and cultural rights. It aims to ensure: the right to self-determination of all peoples (article the right to non-discrimination based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status the equal right of men and women to enjoy the rights in the ICESCR (article 3); the right to work (articles 6-7); the right to form and join trade unions (article 8); the right

7. #167Practice set
   Consider the following statements regarding the Fundamental Rights enshrined in the Indian Constitution: 1. Any Fundamental Right can be repealed through the passage of ordinary bills. 2. Both Parliament and state legislatures have power to make laws to give effect to any Fundamental Right. 3. Ordinances issued by the President cannot be challenged in the courts as being violative of fundamental rights.How many of the above given statements is/ are correct? llllh Practiceb
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (D) None
   Explanation

   Option d is the correct l is incorrect: Article 13 declares that all are inconsistent with or in derogation of any of rights shall be void. Parliament and the are clearly prohibited from making may take away or abridge the fundamental to the citizen. The Parliament can curtail them but only by a constitutional amendment not by an ordinary act. Moreover, this can be affecting the 'basic structure' of the 2 is incorrect: Article 35 lays down that the make laws to give effect to certain specified shall vest only in Parliament and not in the 3 is incorrect: Article 13 declares that all are inconsistent with or in derogation of any of rights shall be void. Temporary laws issued by the President or the State be challenged in the courts as violation of and hence, can be declared as void

8. #168Practice set
   With reference to the 'Preventive Detention', consider the following statements:l. Preventive Detention means detention of a person without trial and conviction by a court. 2. The maximum period for which a person can be detained under Preventive Detention is 2 months. 3. Only Parliament can make a law regarding Preventive Detention.How many of the above given statements is/ are correct?
   • AOnly one
   • BOnly two
   • CAll three
   • DNone
   Answer: (A) Only one
   Explanation

   Option a is the correct 1.1. grants protection to persons who are aaesled Detention is of two types, punitive l is correct: Preventive detention of a person without trial and conviction by Its purpose is not to punish a person for a past to prevent him from committing an offence in the 2 is incorrect: The 44th Amendment act of reduced the period of detention without obtaining of the advisory board from 3 months to 2 this provision has not yet been brought into the original period of three months still if an advisory board reports sufficient cause for its 3--month period can also be 3 is incorrect: The Constitution has divided power with regard to preventive detention Parliament and the state legislatures. The Parliament authority to make a law of preventive reasons connected with defence, foreign affairs and of India. Both the Parliament as well as the can concurrently make a law of for

9. #169Practice set
   With reference to the offence of 'untouchahility' in India, consider the following statements: 1. The Constitution has defined 'untouchability' as "social disabilities imposed on certain classes of persons by reason of their birth". 2. A person convicted of the offence of 'untouchability' is disqualified for election to the Parliament or state legislature.Which of the statements given above is/are correct?
   • A1 only
   • B2 only
   • CBoth 1 and 2
   • DNeither 1 nor 2
   Answer: (B) 2 only
   Explanation

   Option b is the correct 17 of Indian Constitution abolishes forbids its practice in any form. Statement l is incorrect: The term 'untouchability' been defined either in the Constitution or in the the Mysore High Court held that the subject Article 17 is not untouchability in its literal or but the 'practice as it had developed historically in 2 is correct: According to the Representation People Act 1951, a person will be disqualified for the Parliament or state legislature if he convicted of punishable under the Protection of Civil Rights Act provides for punishment for the practice of "untouchability", and for the any disability arising therefrom

10. #170Practice set
    Consider the following statements with reference to the Fundamental rights of Indian Constitution and the Bill of Rights of the USA: 1. While taking away the rights of an individual, Indian constitution follows the due process of law while America follows the process established by law. 2. Unlike the Indian Constitution, the Right to freedom of press is explicitly mentioned in the Bill of Rights. 3, Unlike Indian Constitution, the Right to Property is a fundamental right in the Bill of Rights.How many of the above given statements is/ are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct Americans adopted the Bill of Rights into in the form of 10 amendments in of the Indian Constitution contains the (Articles 1 is incorrect: In the United States, no and liberty can be deprived without following the due: process of law, in India on the other hand the life liberty can be taken away only according to established by law. Only in case of of the Right to Life, the Supreme Court concept of due process of law in Maneka Gandhi 2 is correct: In the United States, the guarantees press freedom, whereas in India, implicit in Article which guarantees freedom and 3 is correct: The right to property was a fundamental right in India in 1978, but it is still right in the United States and as per of rights, no property can be taken away without

11. #171Practice set
    With reference to the effects of the prodamation of National Emergency on the life of Lok Sabha, consider the following statements: 1. The life of Lok Sabha could be extended by only six months at a time. 2. The term of 5th Lok Sabha was extended than its normal period, as National emergency was in force at that time. 3. Parliament can extend the life of Lok Sabha by passing a law to that effect with simple majority.How many of the above sla tern ents is/ are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct l is incorrect: The term of the Lok Sabha can during the period of national emergency by a Parliament for one year at a time for any length of this extension cannot continue beyond a period months after the emergency has ceased to Statement 2 is correct: The term of the Fifth Lok to expire on 18 March due to the National Emergency, it was extended by one-year up March 1977 by the House of the People (Extension Act, 1976. It was further extended for a period year up to 18 March 3 is correct: During National Emergency, of Lok Sabha can be extended to a maximum of at a time by passing a law in the Parliament and such can be passed by a simple majority

12. #172Practice set
    With reference to Proclamation of emergency under Article 352, consider the following statements: 1. Proclamation of Emergency must be revoked when either house of Parliament passes a resolution. 2. A resolution approving the proclamation of emergency must be passed by the majority ot the Parliament. 3. the houses of Parliament must approve the proclamation within a specified time period.How many of the above given statements is/ are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct answer l is incorrect: President must revoke if the Lok Sabha (Only) passes a its continuation. This safeguard by the 44th Amendment Act of 2 is incorrect: Every resolution approving of emergency, or its continuance must by either House of Parliament by a special is, majority of the total membership of that house, majority of not less than two-thirds of the members of present and 3 is correct: The proclamation of be approved by both the Houses of Parliament month from the date of its issue. Originally, the for approval by Parliament was two months but by the 44th Amendment Act of 1978

13. #173Practice set
    With reference to the effects of a National Emergency on Centre -State relations, consider the following statements: 1. The state government is automatically suspended. 2. President can issue ordinances on state subjects if Parliament is not in session. 3. The laws made by Parliament on the state subjects during a National Emergency continue to be operative till they are repealed by the respective state legislatures.How many of the above given statements is/ are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct l is incorrect: During a national executive power of the Centre extends to directing regarding the manner in which its executive to be exercised. The Centre becomes entitled to directions to a state on 'any' matter. Thus, governments are brought under complete control of though they are not 2 is correct: While a proclamation of is in operation, the President can issue the state subjects also, if the Parliament is not in 3 is incorrect: The laws made by Parliament state subjects during a National Emergency six months after the emergency has ceased

14. #174Practice set
    Consider the following statements with reference to amendment of the Constitution of India; 1. A bill for the amendment of the constitution can be introduced either by a minister or by a private member. 2. Prior recommendation of the President is must for introducing a constitutional amendment bill in the parliament.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (A) 1 only
    Explanation

    Option a is the correct 1 is correct. The procedure for the the Constitution is laid down in Article 368 of constitution. The bill for the amendment of can be introduced either by a minister or private 2 is incorrect. The constitutional amendment not require the prior permission of President for Important Tips In the case of constitutional amendment bills, the President must give assent. He cannot return the bill or withhold it (unlike ordinary bills). After this, the bill becomes a Constitutional Amendment Act and the Constitution stands amended in accordance with the terms of the Act. The 24 th amendment made president duty bound to give assent to a Constitution Amemlment Bili when prcscnlcu to him

15. #175Practice set
    Which of the following amendments to the Constitution of India can be passed only by special majority of both the houses of parliament? 1. Amendment to Part ( ) of the Indian constitution. 2. Amendment to Part (IV) of the Indian constitution. 3. Acquisition and termination of citizenship 4. Elections to Parliament and state legislaturesSelect the correct answer using the codes given below
    • A1 and 2 only
    • B2 and 3 only
    • C1, 2 and 4 only
    • D1, 2, 3 and 4 ook
    Answer: (A) 1 and 2 only
    Explanation

    Option a is the correct l is correct. The majority of the provisions in need to be amended by a special majority Parliament, that is, a majority of the total membership House and a majority of two-thirds of the members House present and voting. Fundamental Rights in ) are the important provisions that can be amended special majority. Statement 2 is correct. Directive Principles of state part (TV) of the Indian constitution is another provision which can be amended by the 3 is incorrect. A number of provisions in can be amended by a simple majority of Houses of Parliament outside the scope of Article

16. #176Practice set
    Consider the following statements with reference to the differences between Constitutional amendment procedure in India and the United States of America (USA): 1. Unlike in USA, the power to initiate all the amendments to the Constitution in India lie with the Parliament only. 2. In USA, every constitutional amendment must be ratified by at least three-fourth of the state legislatures. 3. Unlike in USA, there is no provision for a special body like constitutional convention in India to amend the Constitution.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (C) All three
    Explanation

    Option c is the correct l is correct. In India, an amendment of can be initiated only by the introduction bill for the purpose in either House of Parliament in the state legislatures. The state legislatures any bill or proposal for amending the in one case, which is, passing a resolution Parliament for the creation or abolition of in the states. Here also, the Parliament can or disapprove such a resolution or may not take on it. In USA, an amendment may be proposed either by (USA's Parliament) or by a called for by two-thirds of the State 2 is correct. In India, major part of can be amended by the Parliament alone a special majority or by a simple majority. Only in the consent of the state legislatures is required and only half of them. While in USA, every must be ratified by at least three-fourth of 3 is correct. There is no provision for a like Constitutional Convention as provided in

17. #177Practice set
    If Government of India decides to change the composition/structure of the GST council then which one of the following procedures for amendment is required to be followed as prescribed by Constitution of India?
    • AConstitution needs to be amended by simple majority of Parliament
    • BBasic Structure doctrine do not allow to alter the distribution of powers between union and states
    • CAmendment by Special Majority of Parliament and also with the Consent of half of the State legislatures by a simple majority
    • DConstitution needs to be amended by a special majority of the Parliament
    Answer: (C) Amendment by Special Majority of Parliament and also with the Consent of half of the State legislatures by a simple majority
    Explanation

    Option c is the correct (1) of the Constitution provides for the to make recommendations to the Union and on important issues related to a is incorrect. Distribution of legislative the Union and the states involves federal cannot be amended alone by the b is incorrect. Basic Structure doctrine do not alter the distribution of powers between union and c is correct. Those provisions of the are related to the federal s_tructure of the polity can by a special majority of the Parliament and the consent of half of the state legislatures by a The composition/structure of the GST council altered in this d is incorrect. Provisions like Fundamental Directive Principles can be amended by Special the Parliament

18. #178Practice set
    It is a majority of more than of the total strength of the house excluding vacancies. This majority is used to remove the Speaker and the Deputy Speaker of the Lok Sabha and the State Legislatures. The type of majority is
    • AAbsolute majority
    • BSimple majority
    • CEffective majority
    • DSpecial Majority according to Article
    Answer: (C) Effective majority
    Explanation

    Option c is the correct Majority refers to a majority of more than effective strength of the House. Effective Strength is minus vacancies. It is used in ( 1) Removal of of Rajya Sabha (Vice President of India, in the Rajya Sabha (Article 67( (2) the Speaker and the Deputy Speaker of the Lok Sabha State Legislatures

19. #179Practice set
    Consider the following statements regarding amendment of the constitution. 1. Permission of President is required for introducing a constitutional amendment bill. 2. There is no provision for joint sitting to get the bill passed by the houses. 3. The President can't return the bill for reconsideration of Parliament but can withhold his assent to the bill.How many statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct l is incorrect. The constitutional does not require prior permission of 2 is correct. The bill should be passed by houses separately and there is no provision of of the two houses for the purpose of passage of the 3 is incorrect. The President can neither bill for reconsideration of Parliament nor withhold to the bill

20. #180Practice set
    Consider the following statements to the procedure for the amendment of the Constitution as laid down in 368: 1. The bill for constitutional amendment requires prior permission of the President for its introduction in the Parliament. cticebook 2. The bill affecting the federal provisions of the Constitution must be ratified by the state legislatures of half of the states by a special majority. 3. The President has no power to withhold his assent to a Constitutional amendment bill.How many of the statements given above are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone
    Answer: (A) Only one
    Explanation

    Option a is the correct l is incorrect: The bill can be introduced a minister or by a private member and does not permission of the 2 is incorrect: The bill affecting the of the Constitution must be ratified by the state legislatures of half of the states by a simple majority by special majority) that is, a majority of the the House present and 3 is correct: The constitutional amendment by both the Houses of Parliament and ratified by legislatures, where necessary, the bill is presented to for assent. The President must give his assent bill. He can neither withhold his assent t.o Lht: bill the bill for recorndderntion of the Parliament

21. #181Practice set
    Consider the following statements with respect to features of Parliamentary System of Government:l. The lower house of the Parliament can be dissolved by the President. 2. The ministers are responsible to the 6. President for all their acts of omission and commission. 3. It provides for a ready alternative government without the necessity of fresh elections.How many of the above statements are correct?
    • AOnly one
    • BOnly two
    • CAll Three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct l is correct. President can dissolve the that is lower house before the expiry of its term fresh elections on the advice of the Prime means that the executive enjoys the right to get dissolved in a parliamentary 2 is incorrect. Parliamentary system responsible government. The ministers are the Parliament (and not President) for all their acts and commission. The Parliament exercises the ministers through various devices like discussions, adjournment motion, no 3 is correct. In case the ruling party loses the Head of the State can invite the to form the government. This means an can be formed without fresh elections. leader of the opposition is often said to be the minister

22. #182Practice set
    Which of the following is a feature of Indian political system?
    • AThe Rajya Sabha represents the people of India as a whole, while the Lok Sabha represents the states of Indian Federation
    • BThe Parliament cannot legislate on a subject of the State List
    • CThe single system of courts enforces both the Central laws as well as the state laws
    • DThe governor cannot reserve bills passed by the state legislature for the consideration of the President
    Answer: (C) The single system of courts enforces both the Central laws as well as the state laws
    Explanation

    Option c is the correct l is correct. Marxism argues that the root cause inequality was private ownership of resources such as oil, or land, or forests, as other forms of property. It points out that such did not only make the class of owners wealthy, gave them political power. Thus, there should be of important resources and 2 is correct. Liberalism upholds the principle as the most efficient and fair way of and rewards in society. They believe that may have to intervene to try and ensure a of living and equal opportunities for all, this itself bring equality and justice to society. people in free and fair conditions is the most efficient way of distributing rewards in a 3 is correct. One common agreement and Marxism is the final goal of stateless society, whereas means to achieve these final For Marx, the State is an instrument of an organ of the bourgeoisie that only works class domin

23. #183Practice set
    The Indian parliamentary system differs from the British parliamentary system because: 1. Indian system is based on the doctrine of the sovereignty of Parliament. 2. Indian system has legal responsibility of the ministers. 3. Indian prime minister may be a member of any of the two Houses of Parliament.Which of the statement given above is/are not the correct reason?
    • A1 and 3 only
    • B1 and 2 only
    • C3 only
    • D1, 2 and 3
    Answer: (B) 1 and 2 only
    Explanation

    Option b is the correct parliamentary system of government in India is on the Bntish parliamentary system. However, a replica of the British system and differs in l is incorrect. The British system is based doctrine of the sovereignty of Parliament, while is not supreme in India and enjoys restricted powers due to a written Constitution, judicial review, and fundamental 2 is incorrect. Britain has the system of of the ministers while India has no Unlike in Britain, the ministers in India are to countersign the official acts of the Head of 3 is correct. In Britain, the prime be a member of the Lower House (House of the Parliament. In India, the prime be a member of any of the two Houses of Parliament

24. #184Practice set
    Which of the following statements correctly explains the meaning of 'parliamentary executive'?
    • AExecutive where there is a parliament
    • BExecutive elected by the parliament
    • CWhere the parliament functions as the Executive
    • DExecutive that is dependent on support of the majority in the parliament
    Answer: (D) Executive that is dependent on support of the majority in the parliament
    Explanation

    Option d is the a parliamentary system, the prime minister is the head Most parliamentary systems have a president monarch who is the nominal Head of state. In such a role of president or monarch is primarily ceremonial minister along with the cabinet wields effective parliamentary executive derives its authority The Council of Ministers is dependent on of the majority in the legislature. This also the Council of Ministers may be removed at any a new Council of Ministers will have to be put in place

25. #185Practice set
    Which one of the following statements is correct regarding the system of 'Double Membership' in parliamentary form of government?
    • AIt states that no person shall be prosecuted and punished for the same offence more than once
    • BThe Ministers in indian polity are members of both tht: legislature and the executive
    • CThe of ire to speak and vote in both Lok Sabha and Rajya Sabha in India
    • DIt includes integrated. judicial system with the Supreme Court at the top and the state high courts below it
    Answer: (B) The Ministers in indian polity are members of both tht: legislature and the executive
    Explanation

    Option b is the correct ministers are members of both the legislature and This means that a person cannot be a being a member of the Parliament. The that a minister who is not a member of for a period of six consecutive months be a minister. Important Tips Double jeopardy: Person can be prosecuted and punished for the same offence more than once. The protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal under Artide 20. In other words, it is not available in proceedings before departmental or administrative authorities as they are not of judicial nature. A Minister, not all members have the right to speak in and take part in the proceedings of Ra_jya Sabha but has no right to vole in Rajya Sabha and vice-versa. Not all members have the right to speak in and take part in the proceedings of the house in which they are not a mmber.

26. #186Practice set
    Which of the following are possible demerits of the "Indian Parliamentary form of Government'? 1. Government by Amateurs 2. Lack of responsibility of Executive 3. Against Separation of Power 4. Dictatorship of the CabinetSelect the correct answer from the codes given below
    • A1, 2 and 3 only
    • B2, 3 and 4 only
    • C1, 3 and 4 only
    • D1, 2, 3 and 4 IB
    Answer: (C) 1, 3 and 4 only
    Explanation

    Option c is the correct parliamentary system of government is the one the executive is responsible to the legislature for and acts. The Constitution of India provides for form of government, both at the Centre the states. Articles 74 and 75 deal with the at the Centre and Articles 163 and 164 in the 2 is incorrect: One of the of of government is responsible government. are responsible to the Parliament for all of omission and commission. The Parliament control over the ministers through various devices hour, discussions, adjournment motion, motion, etc. Important Tips Demerits of Parliamentary form of Government: Government by Amateurs: The parliamentary system is not conducive to administrative efficiency as the ministers are not experts in their fields. The Prime Minister has a limited choice in the selection of ministers; his choice is restricted to the members of Parliament alone and

27. #187Practice set
    The founding fathers preferred the British type of parliamentary system over other forms of government due to which of the following reasons: 1. Preference to stronger executive to promote national spirit in the country 2. Familiarity with the British parliamentary System and constitutional traditions 3. Need to Avoid Legislative-Executive Conflicts ffomogenous society required Parliamentary system to build a united India Hovv many of the above statements are correct?
    • AOnly one
    • BOnly two
    • COnly three
    • DAH Four
    Answer: (B) Only two
    Explanation

    Option bis the correct the American Constitution, the Indian for the Parliamentary form of government. system of government is the one in which is responsible to the legislature for its policies 2 and 3 are correct: A plea was made in US presidential system of government in the But the founding preferred the system due to the following with the System: The Constitution-makers familiar with the parliamentary system as it in operation in India during the British rule. argued that, 'For the last thirty or forty years, of responsibility has been introduced in the this country. Our constitutional traditions have After this experience, why should we go buy a novel to Avoid Legislative-Executive Conflicts: of the Constitution wanted to avoid the the legislature and the executive which are occur in the presidential system prevalent in USA. that an infant democracy could not afford to take of a p

28. #188Practice set
    Consider the following statements about merits of Parliamentary System of government: 1. It establishes a responsible government, wherein executive is responsible to the legislature. 2. It assures the separation of power in letter and spirit, between different organs of the State. 3. It helps in preventing the dictatorial tendencies of the executive.How many of the above given statements are correct?
    • AOnly one
    • BOnly two
    • CAll three
    • DNone Federal System
    Answer: (B) Only two
    Explanation

    Option bis the correct answer l is correct: Parliamentary system government by making ministers accountable for their actions. It can be attained by tools hour, parliamentary debates, various motions and no confidence 2 is incorrect: In a parliamentary form the executive is not separated from as the members of the council of ministers of the legislature. Hence, the whole system of government goes against the letter and spirit of the separation of power. In fact, there is a fusion of 3 is correct: Parliamentary system prevents Under this system, the executive authority in a group of individuals ( council of ministers) in a single person. This dispersal of authority dictatorial tendencies of the executive. Moreover, is responsible to Parliament and can be a no-confidence motion. F'ederal System

29. #189Practice set
    Which among the following is a Federal Feature of the Indian Constitution?
    • AStates are not indestructible
    • BUnequal representation of States in Rajya Sabha
    • CBicameral Legislature
    • DIntegrated Audit Machinery
    Answer: (C) Bicameral Legislature
    Explanation

    Option c is the correct a is incorrect. States being not indestructible unitary feature of the bis incorrect. No equality of state Rajya Sabha is the unitary feature of the states are given representation in the Rajya Sabha on of population. Hence, the membership varies from c is correct. Bicameralism is the federal the d is incorrect. Integrated Audit Machinery unitary feature of the constitution

30. #190Practice set
    In India, under which of the following circumstances can Parliament make Legislations on State subjects? 1. When Rajya Sabha passes a resolution supported by 213rd of the members present. 2. When a proclamation of National Emergency is in operation. 3. When a State passes a resolution to that effect. 4. To give effect to international agreements, treaties and conventions.Select the correct answer from the codes given below
    • A1 and 3 only
    • B1 and 4 only
    • C1, 2 and 4 only
    • D2, 3 and 4 only
    Answer: (C) 1, 2 and 4 only
    Explanation

    Option c is the correct l is correct. The Parliament can make the subjects enumerated in the State List if the declares that it is necessary in the national Parliament should make laws on that matter. resolution must be supported by two-thirds of present and 2 is correct. The Parliament can make laws on enumerated in the State List when a National Emergency is in operation. Such laws on the expiration of six months after has ceased to 3 is incorrect. The Parliament can make the subjects enumerated in the State List when two states make a joint request to the Parliament. A enacted applies only to those states which have passed 4 is correct. The Parliament can make laws subjects enumerated in the State List to give effect treaties and conventions

31. #191Practice set
    Consider the following statements: 1. Parliament can make extraterritorial legislation. 2. Acts of parliament cannot be modified by executive in case of any Union Territories.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (A) 1 only
    Explanation

    Option (a) is the correct l is correct- The Parliament can make laws whole or any part of the territory of India. The India includes the states, union territories, and any for the time being included in the territory of India. alone can make 'extraterritorial the laws of the Parliament are also applicable to citizens and their property in any part of the 2 is incorrect- The Constitution places on the plenary territorial jurisdiction of The President can make regulations for progress and good government of certain A regulation so made has the same force as an act of Parliament. It may also repeal or act of Parliament in relation to these union territories

32. #192Practice set
    With reference to taxing power in India which of the following statements is/are correct? 1. State legislature has more subjects to levy tax in comparison to Parliament. 2. Profession tax levied on any person under the state list should not exceed per annum. 3. Wealth tax or expenditure tax can be imposed by Parliament under the union list.Select the correct answer using the code given below
    • A1 and 2 only
    • B2 only
    • C2 and 3 only
    • D3 only
    Answer: (A) 1 and 2 only
    Explanation

    Option a is the correct l is correct. State legislature has to levy taxes on subjects, which are 20 in in the state list. On the other had union 15 subjects and concurrent list has only 3 subjects tax can be 2 is correct. A state legislature can impose professions, trades, callings and employments. But amount of such taxes payable by any person should per 3 is incorrect. Parliament has imposed gift tax and expenditure tax under the residuary taxation. Under this Parliament is vested with power taxes not enumerated in any of the three lists

33. #193Practice set
    Consider the following statements: 1. The Government of India Act of 1935 provided for two-fold enumeration of subjects viz, federal and provincial. 2. Under the Government of India Act of 1935, the residuary powers of legislation were given to the governor-general of India. 3. As per the present Constitution of India, the residuary powers of legislation are vested with parliament.Which of the statements given above is/are correct?
    • A1 and 2 only
    • B2 and 3 only
    • C3 only
    • D1 and 3 only
    Answer: (B) 2 and 3 only
    Explanation

    Option b is the correct l is incorrect. The Government of India Act provided for a three-fold enumeration, viz., and 2 is correct. Under the Government of of 1935, the residuary powers were given neither to legislature nor to the provincial legislature but to of 3 is correct. As per the present Constitution the power to make laws with respect to (i.e., the matters which are not enumerated in the three lists) is vested in the Parliament. This of legislation includes the power to levy

34. #194Practice set
    The Rajya Sabha can pass a resolution by which the Parliament becomes competent to make laws on a matter in the State List. With reference to this, consider the following statements: 1. President's recommendation is necessary to introduce such a resolution. 2. The resolution must be supported by two thirds of the members present and voting. 3. The resolution remains in force for one year and can be renewed any number of times.How many of the above statements are correct?
    • AOnly one
    • BOnly two
    • CAll Three
    • DNone
    Answer: (B) Only two
    Explanation

    Option b is the correct 1 is incorrect. If the Rajya Sabha declares that necessary in the national interest that Parliament laws with respect to goods and services tax or a the State List, then the Parliament becomes competent laws on that matter. President's recommendation is not necessary to introduce such a 2 is correct. Such a resolution must be two-thirds of the members present and voting. does not restrict the power of a state make laws on the same matter. But, in case of a state law and a parliamentary law, the latter is 3 is correct. The resolution remains in force year and can be renewed any number of times but one year at a time. The laws cease to have the expiration of six months after the resolution to be in force

35. #195Practice set
    Two o.r more states can pass resolutions requesting the Parliament to enact laws on a matter in the State List. With reference to such a law made by the Parliament, which of the statements given below is incorrect?
    • AA law so enacted applies only to those states which have passed the resolutions
    • BThe bill to give effect to such a law can be initiated only in the Rajya Sabha
    • CIt restricts the power of the state legislature to make laws on the same matter
    • DWild Life (Protection) Act of 1972 was passed under this provision
    Answer: (B) The bill to give effect to such a law can be initiated only in the Rajya Sabha
    Explanation

    Option b is the correct a is correct. Two or more states can requesting the Parliament to enact laws on in the State List. A law so enacted applies only states which have passed the resolutions. However, state may adopt it afterwards by passing a that effect in its b is incorrect. The bill to give effect to such a be initiated in any house of the parliament. Such a be amended or repealed only by the Parliament and the legislatures of the concerned c is correct. The effect of passing a the above provision is that the Parliament to legislate with respect to a matter for which no power to make a law. On the other hand, the ceases to have the power to make a law to that d is correct. Wild Life (Protection) Act of passed under this provision. Other important under this provision are - Prize Competition Water (Prevention and Control of Pollution) Urban Land (Ceiling and Regulation) Act, of Hum

36. #196Practice set
    Consider the following statement regarding the financial powers of the parliament and state legislatures: 1. Parliament as well as state legislatures can make laws governing goods and services tax. 2. A State legislature can impose tax on the consumption or sale of electricity. 3. The property of the union and state is exempted from state taxation and Union taxation respectively.Which of the statements given above is/are correct?
    • A1 and 2 only
    • B1 only
    • C2 only
    • D1, 2 and 3
    Answer: (D) 1, 2 and 3
    Explanation

    Option d is the correct l is correct. The 101 t Act of 2016 has made a special respect to goods and services tax. It has conferred ''AND power upon Parliament and State Legislatures laws governing goods and services 2 is correct. A state legislature can impose the consumption or sale of electricity. But no tax imposed on the consumption or sale of electricity (a) consumed by the Centre or sold to the Centre; or in the construction, maintenance or operation railway by the 3 is correct. The property of union is all taxes by a State or by any authority within except Parliament may be law otherwise the property and income of state shall from Union taxation except if the state enters or business other than the trade or business Parliament shall not be exempt from Union taxation

37. #197Practice set
    With reference to Constitutional provisions with regard to borrowing, consider the following statements: 1. Parliament can fix limits on the external borrowing that can be undertaken by the Central government. 2. A state government always requires consent of the Centre to raise loans within India.Which of the statements given above is/are correct?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (A) 1 only
    Explanation

    Option a is the correct l is correct. The Parliament under Article fix limits on both internal and external borrowing Central Government. However, no such law has so enacted by the 2 is incorrect. Only when there is part of a loan made to the state by the in respect of which a guarantee has been given by the state would require consent of the raising any loan. If neither of the above the state would not need the consent of the Centre

38. #198Practice set
    Consider the following statements: 1. The grants under Article 275 are given to the states on the recommendation of the Finance Commission. 2. The grants under Article 282 empowers the Centre to make any grants for any public purpose, even if it is not within its legislative competence.Which of the statements given above is/are incorrect?
    • A1 only
    • B2 only
    • CBoth 1 and 2
    • DNeither 1 nor 2
    Answer: (D) Neither 1 nor 2
    Explanation

    Option dis the correct 1 is correct. Statutory Grants- Article the Parliament to make grants to the states in need of financial assistance and not to every statutory grants under Article 275 (both general are given to the states on the recommendation Finance 2 is correct. Discretionary Grants -Artide both the Centre and the states to make for any public purpose, even if it is not within legislative competence. Under this provision, makes grants to the states

39. #199Practice set
    Consider the following pairs: 1. Taxes levied by the Stamp Duties Union but collected and appropriated by the States 2. Taxes levied, Taxes on lands collected and and buildings retained by the states 3. Taxes levied and Taxes on the sale collected by the or purchase of Centre but assigned newspapers to the States 4. Taxes levied Tolls Taxes and collected by the Centre but distributed between the Centre and statesHow many of the above pairs are correctly matched?
    • AOnly one
    • BOnly two
    • COnly three
    • DAll Four
    Answer: (B) Only two
    Explanation

    Option bis the correct constitution provides for a cfotailed mechanism of tax revenues between the centre and 1 is correctly matched: Taxes Levied by the Centre and Appropriated by the States (Article category includes the stamp duties on bills of promissory notes, policies of insurance, transfer and 2 is correctly matched and 4 is incorrectly Levied and Collected and Retained by the are enumerated in the state list. These includes land revenue; taxes on agricultural income; taxes and buildings, taxes on vehicles; tolls taxes; taxes trades, callings and employments, and 3 is incorrectly matched: Taxes Levied and the Centre but Assigned to the States (Article 269): taxes fall under this category: (i) Taxes on the sale or purchase of goods (other than newspapers) in of inter-state trade or commerce. (ii) Taxes on of goods in the course of inter-state trade

40. #200Practice set
    Article 275 empowers the Parliament to make grants to the states which are in need of financial assistance. These grants are not given to every state and are charged on the Consolidated Fund of India. A unique feature of these grants is that they are given to states on the recommendation of Finance Commission. Which of the following type of grant has been discussed above?
    • AExcess Grant
    • BDiscretionary Grant
    • CExceptional Grant
    • DStatutory Grant
    Answer: (D) Statutory Grant
    Explanation

    Option d is the correct Grant: Article 275 empowers the Parliament grants to the states which are in need of and not to every state. Also, different sums fixed for different states. These sums are charged on Fund of India every from this general provision, the Constitution for specific grants for promoting the welfare scheduled tribes in a state or for raising the level of the scheduled areas in a state State of statutory grants under Article 275 (both general are given to the states on the recommendation Finance Commission

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