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GS Prelims 5 Years’

Discussion

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• Salient Features of the Constitution

Total 1 question – factual

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Q1. Which one of the following Schedules of the
Constitution of India contains provisions regarding
anti-defection ?

(a) Second Schedule


(b) Fifth Schedule
(c) Eighth Schedule
(d) Tenth Schedule

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8. Fundamental Rights, DPSP, Fundamental Duties
9. Secular State
10. Universal Adult Franchise
11. Single Citizenship
12. Independent bodies like CAG, Election Commission, UPSC, etc
13. Emergency Provisions
14. Three-tier government
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SYSTEM OF GOVERNMENT
• 5 Questions
• Mostly conceptual and tests basic understanding

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Q.1 The main advantage of the parliamentary form of
governments is that (2017)
(a) the executive and legislature work independently.
(b) it provides continuity of policy and is more efficient.
(c) the executive remains responsible to the legislature.
(d) the head of the government cannot be changed without
election.

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Q. 2 Out of the following statements, choose the one that brings
out the principle underlying the Cabinet form of
Government(2017)
(a) An arrangement for minimizing the criticism against the
Government whose responsibilities are complex and hard to
carry out the satisfaction of all.
(b) A mechanism for speeding up the activities of the
Government whose responsibilities are increasing day by day.
(c) A mechanism of parliamentary democracy for ensuring
collective responsibility of the Government to the people.
(d) A device for strengthening the hands of the head of the
Government whose hold over the people is in a state of decline.
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Q.3 There is a Parliamentary System of Government
in India because the (2015)

(a) Lok Sabha is elected directly by the people


(b) Parliament can amend the Constitution
(c) Rajya Sabha cannot be dissolved
(d) Council of Ministers is responsible to the
Lok Sabha

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Q.4 Consider the following statements : A Constitutional
Government is one which – (2014)
1. Places effective restrictions on individual liberty in the
interest of State Authority.
2. Places effective restrictions on the Authority of the State in
the interest of individual liberty.
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

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• A Constitutional government is • Non-constitutional is a perfect
that government, which is elected type of monarchic, autocratic or
by public of the country through dictatorial government.
an election process • Ruler of the country has unlimited
• Head of the State has limited powers and authorities and he is
powers i.e power and authorities not answerable to anyone.
provided by constitution, which • There is no ruling limit in case of
will be limited. non-constitutional government. It
• It has specific tenure or limit to can remain in power as it wants.
rule and it is compulsory to be re- • Brunei, Qatar, Swaziland and
elect again for another term Vatican City are examples of non-
• United States, Austria, Pakistan, constitutional government or
Bangladesh, India, etc. are absolute monarchical government.
examples of constitutional
government.
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Q.5 Democracy’s superior virtue lies in the fact that it calls into
activity (2017)

(a) the intelligence and character of ordinary men and women.


(b) the methods for strengthening executive leadership.
(c) a superior individual with dynamism and vision.
(d) a band on dedicated party workers.

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Centre State Relations
• 1 question

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Q1. The Parliament of India acquires the power to legislate on any item
in the State List in the national interest if a resolution to that effect is
passed by the (2016)
(a) Lok Sabha by a simple majority of its total membership

(b) Lok Sabha by a majority of not less than two-thirds of its total
membership

(c) Rajya Sabha by a simple majority of its total membership

(d) Rajya Sabha by a majority of not less than two-thirds of its


members present and voting

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Parliamentary legislation in state – 5 situations

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About Art. 368 in Part XX
• Parliament may, in exercise of its constituent power, amend by way of addition, variation or
repeal any provision of the Constitution which does not form part of the ‗basic structure‘ (
Keshvananda Bharti Case)

• Introduction of Bill-
 Either house of Parl. But NOT in State Legislatures
 Either by a minister or by a private member
 Does NOT require prior permission of the President

• Passage of the Bill-


 in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the
total membership of the House and a majority of two-thirds of the members of the House
present and voting.
 If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by
the legislatures of half of the states by a simple majority, that is, a majority of the members
of the House present and voting.
 Each House must pass the bill separately.
 NO JOINT SITTING in case of a disagreement between the two Houses,

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• When it goes to the President
 The President must give his assent to the bill.
 He can neither withhold his assent to the bill nor return the bill for
reconsideration of the Parliament

• Types of Majorities
 Simple Majority - majority of more than 50% of the members present
and voting.
 Absolute majority - It refers to a majority of more than 50% of
the total membership of the house.
 Effective Majority - means more than 50% of the effective strength of
the house ( excluding vacant seats)

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 Special Majorities – generally 2/3rd p+v in the house or 2/3rd of the total
strength
a) Under Art 249 & 312 - The resolution must be passed by Rajya Sabha
supported by not less than 2/3 of the members present and voting.

a) Under Art.61 - A resolution under this is passed by not less than 2/3rd of
the total strength of the House, including the number of vacancies.

a) Under Art. 368 - Absolute + Special Majority - majority of 2/3rd


members present and voting supported by more than 50% of the total
strength of the house.

a) Art 368 (with state ratification) - 2/3rd members present and voting
supported by more than 50% of the state legislatures by a simple
majority.

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By SIMPLE MAJORITY
• Admission or establishment of new states.
• Formation of new states and alteration of areas, boundaries or names of existing states.
• Abolition or creation of legislative councils in states.
• Second Schedule-emoluments, Allowances, privileges and so on of the president, the governors, the
Speakers, judges, etc. ;Quorum in Parliament.
• Salaries and allowances of the members of Parliament.
• Rules of procedure in Parliament.
• Privileges of the Parliament, its members and its committees.
• Use of English language in Parliament.
• Number of judges in the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Citizenship-acquisition and termination.
• Elections to Parliament and state legislatures
• Delimitation of constituencies
• Union territories
• Fifth Schedule—administration of scheduled areas and scheduled tribes
• Sixth Schedule—administration of tribal areas

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• By Special Majority of Parliament and Consent of States
 Election of the President and its manner.
 Extent of the executive power of the Union and the states.
 Supreme Court and high courts.
 Distribution of legislative powers between the Union and the states.
 Any of the lists in the Seventh Schedule.
 Representation of states in Parliament.
 Power of Parliament to amend the Constitution and its procedure (Article 368
itself).

• By Special Majority of Parliament


 Fundamental Rights
 Directive Principles of State Policy; and
 All other provisions which are not covered by the first and third categories.

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• Effective Majority of the house means more than 50% of
the effective strength of the house. This implies that out of
the total strength, we deduct the vacant seats. When the
Indian Constitution mentions ‚all the then members‛, that
refers to the effective majority.
• For example, in Rajya Sabha, out of the total strength of 245
members if there are 45 vacancies, then the effective strength
of the house is 200. Then the effective majority is 50% of 200
plus 1, ie 101.
• Cases where the effective majority is used:
• Removal of Vice-president in RS – Article 67(b).
• Removal of Speaker and Deputy Speaker of Lok Sabha and
State Legislative Assembly.
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Emergency Provisions
• 2 questions

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Q. 1Which of the following are not necessarily the
consequences of the proclamation of the President’s rule in a
State?(2017)
1. Dissolution of the State Legislative Assembly
2. Removal of the Council of Ministers in the State
3. Dissolution of the local bodies
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
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• When the President’s Rule is imposed in a state, the President
dismisses the state council of ministers headed by the chief
minister. The state governor, on behalf of the President,
carries on the state administration with the help of the chief
secretary of the state or the advisors appointed by the
President. This is the reason why a proclamation under
Article 356 is popularly known as the imposition of
‘President’s Rule’ in a state.
• Further, the President either suspends or dissolves the state
legislative assembly.The Parliament passes the state
legislative bills and the state budget.
• The President's Rule doesnot lead to dissolution of local
bodies

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Q2. If the President of India exercises his power as
provided under Article 356 of the Constitution of a
particular State, then (2018)
(a) the Assembly of the State is automatically dissolved.

(b) the powers of the Legislature of that State shall be


exercisable by or under the authority of the Parliament.

(c) Article 19 is suspended in that State.

(d) the President can make laws relating to that State.

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PREAMBLE
• 3 questions

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Q.1 The mind of the makers of the Constitution
of India is reflected in which of the following?
(2017)
(a)The Preamble
(b)The Fundamental Rights
(c) The Directive Principles of State Policy
(d) The Fundamental Duties

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Q2. Which one of the following objectives is not
embodied in the Preamble to the Constitution of
India?(2017)
(a) Liberty of thought
(b) Economic liberty
(c) Liberty of expression
(d) Liberty of belief

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Q3. Which one of the following reflects the most
appropriate relationship between law and liberty? (2018)
(a) If there are more laws, there is less liberty.

(b) If there are no laws, there is no liberty.

(c) If there is liberty, laws have to be made by the people.

(d) If laws are changed too often, liberty is in danger.

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• The term 'liberty' means absence of restraints on the
activities of individuals, and at the same time, providing
opportunities for the development of individuals.
However, liberty does not mean 'license' to do what one
likes, and has to be enjoyed within the limitations
mentioned in the Constitution and various laws.
• The concept of liberty is not absolute. Absence of laws
does not ensure liberty

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PREAMBLE
• What exactly is Preamble?
• Constituents/Components
• Key words in the Preamble
• Significance of Preamble
• Preamble Part of the Constitution- SC Judgments
• Amendability of Preamble

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• The term ‗preamble‘ refers to the introduction or preface to the
Constitution. It contains the summary or essence of the
Constitution.
• The Preamble is neither a source of power to legislature nor a
prohibition upon the powers of legislature.
• It is non-justiciable, that is, its provisions are not enforceable in
courts of law.
• The Preamble embodies the basic philosophy and fundamental
values—political, moral and religious —on which the Constitution
is based.
• It contains the grand and noble vision of the Constituent
Assembly, and reflects the dreams and aspirations of the founding
fathers of the Constitution.

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• KEY WORDS IN THE PREAMBLE

1. Sovereign implies that India is neither a dependency nor a dominion


of any other nation, but an independent state. There is no authority
above it, and it is free to conduct its own affairs (both internal and
external).

2. Socialist in Indian context implies Democratic Socialism – mixed


economy – coexistence of Public and Private sector unlike in
Communist Socialism (nationalisation of all means of prodduction and
abolition of private property)

3. Secularism - positive concept of secularism ie, all religions in our


country (irrespective of their strength) have the same status and
support from the state.

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4. Democratic - in India based on the doctrine of popular
sovereignty, that is, possession of supreme power by the people. The
term ‘democratic’ is used in the Preamble in the broader sense
embracing not only political democracy but also social and economic
democracy.

5. Republic - the term ‘republic’ in our Preamble indicates that India


has an elected head called the president. He is elected indirectly for a
fixed period of five years.

6. Justice - The term ‘justice’ in the Preamble embraces three distinct


forms—social, economic and political, secured through various
provisions of Fundamental Rights and Directive Principles.
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7. Liberty - means the absence of restraints on the activities of
individuals, and at the same time, providing opportunities for the
development of individual personalities.

8. Equality means the absence of special privileges to any section of


the society, and the provision of adequate opportunities for all
individuals without any discrimination; secures to all citizens of India
equality of status and opportunity; three dimensions of equality—
civic, political and economic.

9. Fraternity means sesnse of brotherhood; the Preamble declares


that fraternity has to assure two things—the dignity of the individual
and the unity and integrity of the nation.

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• As per Keshvananda Bharti Case, Preamble can be amended.
• The Preamble has been amended only once so far, in 1976, by
the 42nd Constitutional Amendment Act, which has added
three new words—Socialist, Secular and Integrity—to the
Preamble.

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Directive Principles of State Policy

Type of Questions - 4

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Q.1 Consider the following statements: (2017)
With reference to the Constitution of India, the Directive
Principles of State Policy constitute limitations upon
1. legislative function
2. executive function.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
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Q.2 The ideal of 'Welfare State' in the Indian Constitution is
enshrined in its (2015)
(a) Preamble

(b) Directive Principles of State Policy

(c) Fundamental Rights

(a) Seventh Schedule

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Q. 3 In the Constitution of India, promotion of international
peace and security is included in the (2014)
(a) Preamble to the constitution

(b) Directive Principles of State Policy

(c) Fundamental Duties

(d) Ninth Schedule

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Q. 4Which principle among the following was added to the
Directive Principles of State Policy by the 42nd Amendment to
the Constitution? (2017)
(a) Equal pay for equal work for both men and women
(b) Participation of workers in the management of
industries
(c) Right to work, education and public assistance
(d) Securing living wage and human conditions of work to
workers

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• Dr B R Ambedkar described these principles as ‗novel features‘ of
the Indian Constitution.
• The Directive Principles along with the Fundamental Rights
contain the philosophy of the Constitution and is the soul of
the Constitution.
• Granville Austin has described the Directive Principles and the
Fundamental Rights as the ‗Conscience of the Constitution‘
• ‘Directive Principles of State Policy’ denotes the ideals that the
State should keep in mind while formulating policies and
enacting laws.
• The Directive Principles resemble the ‗Instrument of
Instructions‘ enumerated in the Government of India Act of
1935
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• They embody the concept of ‘Welfare State’.
• They seek to establish economic and social democracy in the country.
• The Directive Principles are non-justiciable in nature, that is, they are
not legally enforceable by the courts for their violation. Therefore, the
government (Central, state and local) cannot be compelled to implement
them.
• The Constitution (Article 37) itself says that these principles are
fundamental in the governance of the country and it shall be the duty
of the State to apply these principles in making laws.
• They help the courts in examining and determining the constitutional
validity of a law. If a court finds that the law in question seeks to give
effect to a Directive Principle, it may consider such law to be ‘reasonable’
in relation to Article 14 (equality before law) or Article 19 (six freedoms)
and thus save such law from unconstitutionality.

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FUNDAMENTAL DUTIES
• Only 3 questions have been asked
• Mostly nature and provisions based

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Q.1 In the context of India, which one of the following is the
correct relationship between Rights and Duties? (2017)
(a) Rights are correlative with Duties.
(b) Rights are personal and hence independent of society and
Duties.
(c)Rights, not Duties, are important for the advancement of the
personality of the citizen.
(d) Duties, not Rights, are important for the stability of the
State.

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Q. 2 Which of the following statements is/are true of the
Fundamental Duties of an Indian citizen?(2017)
1. A legislative process has been provided to enforce these
duties.
2. They are correlative to legal duties.
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

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Q.3 To uphold and protect the Sovereignty, Unity and Integrity
of India" is a provision made in the(2015)
(a) Preamble of the Constitution
(b) Directive Principles of State Policy
(c) Fundamental Rights
(d) Fundamental Duties

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• In 1976, the Govt. set up the Sardar Swaran Singh Committee to make
recommendations about fundamental duties.
• Government at Centre accepted these recommendations and enacted the
42nd Constitutional Amendment Act in 1976.
• This amendment added a new part, namely, Part IVA to the Constitution.
• This new part consists of only one Article, that is, Article 51A which for
the first time specified a code of ten fundamental duties of the citizens.

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About Fundamental Duties
• They help the courts in examining and determining the
constitutional validity of a law. In 1992, the Supreme
Court ruled that in determining the constitutionality of any
law, if a court finds that the law in question seeks to give
effect to a fundamental duty, it may consider such law to be
‘reasonable’ in relation to Article 14 (equality before law) or
Article 19 (six freedoms) and thus save such law from
unconstitutionality.

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FUNDAMENTAL RIGHTS
• 7 questions have been asked.
• Mostly conceptual and factual

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Q1. Which of the following are regarded as the main
features of the "Rule of Law"? (2018)
1. Limitation of Powers
2. Equality before law
3. People's responsibility to the Government
4. Liberty and civil rights
Select the correct answer using the code given below:
(a) 1 and 3 only
(b) 2 and 4 only
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4
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Q2. Right to Privacy is protected as an intrinsic part of Right to
Life and Personal Liberty. Which of the following in the
Constitution of India correctly and appropriately imply the
above statement? (2018)
(a) Article 14 and the provisions under the 42nd Amendment to
the Constitution
(b) Article 17 and the Directive Principles of State Policy in Part
IV
(c) Article 21 and the freedoms guaranteed in Part III
(d) Article 24 and the provisions under the 44th Amendment to
the Constitution

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Q.3 Which one of the following statements is correct?
(2017)
(a) Rights are claims of the State against the citizens.
(b) Rights are privileges which are incorporated in the
Constitution of a State.
(c) Rights are claims of the citizens against the
State.
(d) Rights are privileges of a few citizens against the
many.
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Q.4 One of the implications of equality in society is the absence
of (2017)
(a) Privileges
(b) Restraints
(c) Competition
(d) Ideology

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Q.5 Which of the following are envisaged by the Right against
Exploitation in the Constitution of India? (2017)
1. Prohibition of traffic in human beings and forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and
mines Select the correct answer using the code given below:
(a) 1, 2 and 4 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) 1, 2, 3 and 4
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Q.6 Right to vote and to be elected in India is a (2017)
(a) Fundamental Right
(b) Natural Right
(c) Constitutional Right
(d) Legal Right

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Q7. Consider the following statements: (2018)
1. The Parliament of India can place a particular law in the
Ninth Schedule of the Constitution of India.
2. The validity of a law placed in the Ninth Schedule
cannot be examined by any court and no judgement can
be made on it.
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
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• The Ninth Schedule was added to the Constitution by the first
amendment in 1951 along with Article 31-B with a view to
provide a ‚protective umbrella‛ to land reforms laws to save
them from being challenged in courts on the ground of
violation of fundamental rights.
• The SC upheld the validity of Article 31-B and Parliament’s
power to place a particular law in the Ninth Schedule.
• The Supreme Court has said that laws placed in the Ninth
Schedule are open to judicial scrutiny and that such laws do
not enjoy a blanket protection. Laws placed in the Ninth
Schedule after the Keshwanand Bharti Judgment on April
24, 1973, when it propounded the “basic structure” doctrine,
were open to challenge.
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Constitutional Bodies
• 1 question in five years

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Q1. Consider the following statements:
1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for
the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to
splits/mergers of recognized political parties.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 3 only

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President
• 2 questions so far
• Basic and Factual in nature

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Q1. With reference to the election of the President of India,
consider the following statements:
1. The value of the vote of each MLA varies from State to State.
2. The value of the vote of MPs of the Lok Sabha is more than
the value of the vote of MPs of the Rajya Sabha.
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

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Q2 Consider the following statements ( 2014)
1. The President shall make rules for the more convenient
transaction of the business of the Government of India, and for
the allocation among Ministers of the said business.
2. All executive actions of the Government of India shall be
expressed to be taken in the name of the Prime Minister.
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

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ORDINANCE MAKING POWER

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PRIME MINISTER, CABINET, COM
• 2 QUESTIONS
• BASIC AND FUNDAMENTAL in Nature

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Q1. Consider the following statements (2015)
1. The Executive Power of the Union of India is vested in the
Prime Minister.
2. The Prime Minister is the ex Officio Chairman of the Civil
Services Board.
Which of the statements given above is/are correct ?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1nor 2
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Q2. Which of the following is/are the function/functions of the
Cabinet Secretariat?(2014)
1. Preparation of agenda for Cabinet Meetings
2. Secretariat assistance to Cabinet Committees
3. Allocation of financial resources to the Ministries
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 2 only
(d) 1, 2 and 3

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PARLIAMENT
• 11 Questions so far
• Mix of factual and fundamental questions

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Q1. With reference to the Parliament of India, consider the following
statements: (2017)
1. A private member’s bill is a bill presented by a Member of
Parliament who is not elected but only nominated by the President of
India.
2. Recently, a private member’s bill has been passed in the Parliament
of India for the first time in its history.
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

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Q2. Which of the following statements is/are correct?(2016)
1. A Bill pending in the Lok Sabha lapses on its prorogation.
2. A Bill pending in the Rajya Sabha, which has not been passed
by the Lok Sabha, shall not lapse on dissolution of the Lok
Sabha.
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
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The position with respect to lapsing of bills is as follows:
• A bill pending in the Lok Sabha -----(whether originating in the Lok
Sabha or transmitted to it by the Rajya Sabha).
• A bill passed by the Lok Sabha but pending in the Rajya Sabha ------.
• A bill not passed by the two Houses due to disagreement and if the
president has notified the holding of a joint sitting before the
dissolution of Lok Sabha, -------.
• A bill pending in the Rajya Sabha but not passed by the Lok Sabha --
-----.
• A bill passed by both Houses but pending assent of the president ---
----.
• A bill passed by both Houses but returned by the president for
reconsideration of Houses --------
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Q3. When a bill is referred to a joint sitting of both the Houses
of the Parliament, it has to be passed by ( 2015)
(a) a simple majority of members present and voting
(b) three-fourths majority of members present and voting
(c) two-thirds majority of the Houses
(d) absolute majority of the Houses

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Q4. The Parliament of India exercises control over the
functions of the Council of Ministers through (2017)
1. Adjournment motion
2. Questions hour
3. Supplementary questions
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
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Q5. Consider the following statements regarding a No-
Confidence Motion in India : (2014)
1. There is no mention of a No-Confidence Motion in the
Constitution of India.
2. A motion of No-Confidence can be introduced in the Lok
Sabha only.
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

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Q6. With reference to the Union Government, consider the following
statements: (2015)
1. The Department of Revenue is responsible for the preparation of Union
Budget that is presented to the Parliament.

2. No amount can be withdrawn from the Consolidated Fund of India


without the authorization from the Parliament of India.

3. All the disbursements made from Public Account also need the
authorization from the Parliament of India.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 2 only
(d) 1, 2 and 3

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VOTE ON ACCOUNT
• The Appropriation Bill and Finance Bill are presented in the month of February, and
they take their own time to become an act. In order to keep the Government
functioning, the House is asked to vote for approximately 1/6th of the total estimated
expenditure under various grants. This is called Vote on Account.
• Vote on Account is passed after general discussion on the Budget. Usually it is
treated as a formal matter and is passed without discussion. Vote on account is as per
provisions of Article 116 of the Constitution. This makes clear that Vote on
Account __:
• Can be passed on occasions when government needs some money on its disposal to
keep running the administration till appropriation act is passed.
• Related to only taking money out of Consolidated Fund of India and thus limited
to expenditure side
• Can be passed by all governments whether incumbent or regular or caretaker,
however, Vote On Account becomes of special importance when the elections are
underway and a caretaker government is in place.

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INTERIM BUDGET:
• While a vote-on-account deals only with the expenditure side
of the government‘s budget, interim budget is a complete set
of accounts, including both expenditure and receipts.
• When a government presents Vote on Account as a part of its
Budget exercise; two appropriation bills viz. Appropriation (Vote
on Account) Bill and Appropriation Bill of that year are passed.
• Interim Budgets also can be presented by all governments
whether incumbent or regular or caretaker, however, Interim
Budget becomes of special importance when the elections are
underway and a caretaker government is in place. It can also be
presented when a new Government has recently sworn in.
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Q7. For election to the Lok Sabha, a nomination paper can be
filed by (2017)
(a) anyone residing in India.
(b) a resident of the constituency from which the election is to
be contested.
(c) any citizen of India whose name appears in the electoral
roll of a constituency.
(d) any citizen of India.

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Qualifications for election to Lok Sabha:
• must be a citizen of India
• not less than 25 years of age
• must be registered as an elector for a parliamentary
constituency

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Q8. Which one of the following is the largest Committee of the
Parliament ?(2014)
(a) The committee on Public Accounts
(b) The committee on Estimates
(c) The Committee on Public Undertakings
(d) The committee on Petitions

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Q9. With reference to the Parliament of India, which of the
following Parliamentary Committees scruitinizes and
reports to the House whether the powers to make
regulations, rules, sub-rules, by-laws, etc. conferred by the
Constitution or delegated by the Parliament are being
properly exercised by the Executive within the scope of
such delegation?

(a) Committee on Government Assurances


(b) Committee on Subordinate Legislation
(c) Rules Committee
(d) Business Advisory Committee
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Q10. Regarding Money Bill, which of the following statements is
NOT correct?
(a) A bill shall be deemed to be a Money Bill if it contains only
provisions relating to imposition, abolition, remission, alteration
or regulation of any tax.
(b) A Money Bill has provisions for the custody of the
Consolidated Fund of India or the Contingency Fund of India.
(c) A Money Bill is concerned with the appropriation of
moneys out of the Contingency Fund of India.
(d) A Money Bill deals with the regulation of borrowing of
money or giving of any guarantee by the Government of India.

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• It generally covers the issue of receipt and spending of money, such as tax laws, laws governing
borrowing and expenditure of the Government, prevention of black money etc.
Under Article 110(1) of the Constitution defines a money bill as a bill- only provisions dealing with all
or any of the following matters, namely:
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of
India, or the amendment of the law with respect to any financial obligations undertaken or to be
undertaken by the Government of India;
(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys
into or the withdrawal of moneys from any such fund;
(d) the appropriation of moneys out of the Consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or
the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of
India or the custody or issue of such money or the audit of the accounts of the Union or of a State;
or
(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).

(2.) A Bill is not deemed to be Money Bill by reason only that it provides for the imposition of fines or
other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or
by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any
local authority or body for local purposes….

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• What is a FINANCE BILL?

• Finance Bill is a secret bill introduced every year in Lok Sabha (Lower chamber of the Parliament)
immediately after the presentation of the Union Budget, to give effect to the financial proposals
of the Government of India for the immediately following financial year.
• Rule 219 of the Rules of Procedure of Lok Sabha defines a Finance Bill to also include a Bill that gives
effect to supplementary (additional) financial proposals for any period.

• Finance Bill/Act normally deals with income tax, customs, service tax, central excise, cess and
related aspects and is intended to help implement the Budget.

• The Finance Bill is presented at the time of presentation of the Annual Financial Statement before
Parliament, in fulfillment of the requirement of Article 110 (1)(a) of the Constitution, detailing
the imposition, abolition, remission, alteration or regulation of taxes proposed in the Budget. It is
through the Finance Act that amendments are made to the various Acts like Income Tax Act 1961,
Customs Act 1962 etc.
• Finance Bill is generally limited to Article 110(1)(a) & (g) - the imposition, abolition, remission,
alteration or regulation of any tax and any matter incidental thereto.

Finance Bill Vs Appropriation Bill


• While the Finance Bill generally seeks approval of the Parliament for raising resources through taxes,
cess etc., an Appropriation Bill seeks Parliament's approval for the withdrawal from the Consolidated
Fund of India to meet the approved expenditures of the Government.

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• Money bills including Finance Bills are a subset of ―Financial Bills‖.
• Whereas a Money Bill deals solely with matters specified in article 110(1) (a) to (g) of the
Constitution, a Financial Bill does not exclusively deal with all or any of the matters
specified in the said article. It may contain some other provisions also.
• Financial Bills can be divided into two categories.
1. In the first category are Bills which contain provisions attracting article 110(1)(a) to (f) of the
Constitution.
 They are categorized as Financial Bills under article 117(1) of the Constitution.
 It is a Bill which has characteristics both of a Money Bill and an ordinary Bill. As in the case of a
Money Bill, firstly, it cannot be introduced in Rajya Sabha, and secondly, it cannot be introduced
except on the recommendations of the President.
 Except these two points of difference, a Financial Bill in all other respects is just like any other ordinary
Bill. That is other restrictions in regard to Money Bills do not apply to this category of Bills.
 Financial Bill under article 117(1) of the Constitution can be referred to a Joint Committee of
the Houses.

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• 2. In the second category are those Bills which contain provisions which on enactment
would involve expenditure from the Consolidated Fund of India.
 Such Bills are categorised as Financial Bills under article 117 (3) of the Constitution.
 Such Bills can be introduced in either House of Parliament.
 However, recommendation of the President is essential for consideration of these Bills
by either House and unless such recommendation is received, neither House can pass the
Bill.
 Such Bills are more in the nature of ordinary Bills rather than the Money Bills and
Financial Bills .
 The only point of difference between this category of Financial Bills and the ordinary
Bills is that such a Financial Bill, if enacted and brought into operation, involves
expenditure from the Consolidated Fund of India and cannot be passed by either House
of Parliament unless the President has recommended to that House the consideration of the
Bill.
 In all other respects this category of Bills is, just like ordinary Bills, so that such a
Financial Bill can be introduced in Rajya Sabha, amended by it or a joint sitting can be
held in case of disagreement between the Houses over such a Bill. There is, in other
words, no limitation on the power of Rajya Sabha in respect of such Financial Bills.

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• RECENT DEVELOPMENTS
• Finance Bill, 2015 came under criticism for incorporation of many policy amendments
(like setting up of a Public Debt Management Agency, Repeal of Government
Securities Act, Amendments to RBI Act etc to shift regulatory jurisdiction over
various segments of the financial markets ) which did not technically qualify to be in
the Finance Bill.
• Speaker clarified that as per Rule 219 of the Rules of Procedure of Lok Sabha, the primary
object of a Finance Bill is to give effect to the financial proposals of the Government.
At the same time, this Rule does not rule out the possibility of inclusion of non-
taxation proposals. Therefore, a Finance Bill may contain non-taxation proposals also.
• But the fact is that a well-established practice of Lok Sabha has been not to include non-
taxation proposals in not only a Finance Bill but also other Bills containing taxation
proposals unless it is imperative to include such proposals on constitutional or legal grounds.
Therefore, Speaker ruled that every effort should be made to separate taxation
measures from other matters unless it is impossible on constitutional or legal grounds
or some such unavoidable reasons, to do so in a particular case.

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Q11. Consider the following statements:
1. In the first Lok Sabha, the single largest party in the
opposition was the Swatantra Party
2. In the Lok Sabha, a "Leader of the Opposition" was
recognised for the first time in 1969.
3. In the Lok Sabha, if a party does not have a minimum of 75
members, its leader cannot be recognised as the Leader of the
Opposition.
Which of the statements given above is/are correct?
(a) 1 and 3 only
(b) 2 only
(c) 2 and 3 only
(d) 1, 2 and 3

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• Statement 1 is not correct: The Congress party won 364
of the 489 seats in the first Lok Sabha and finished way
ahead of any other challenger. The Communist Party of
India that came next in terms of seats won only 16 seats.
• Statement 2 is correct: In 1969, an official leader of
opposition was recognised for the first time. However, it
was given statutory recognition in 1977.
• Statement 3 is not correct: The leader of the largest
Opposition party having not less than onetenth seats of
the total strength of the House is recognised as the
leader of Opposition in that House.

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Leader of Opposition
• 1977: The leaders of opposition in Lok Sabha and Rajya Sabha were given statutory
recognition.
• They provides constructive criticism of the govt. policies.
• Gets same salaries and allowances that are equivalent to a Cabinet minister – paid by
the govt.
• To become leader of opposition, a political party needs atleast 10% strength of the
house.

• LoP is given only to party leader and not to alliance leader.


• Therefore, neither congress nor the UPA leader can be declared as the leader of
opposition in Lok Sabha.
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• 1984-89 – TDP leader was made LoP •PM + Home minister + leader of opposition in
LS
(even though the party was short of 3 •Although 2003 CVC act says, if no LoP then
CVC leader of single largest party can be made part of
seats from the criteria) the Committee.
•But same act also says if vacancy in Committee,
• Final decision making authority still appointment can be done.
– Speaker •PM + Union minister + Leader of opposition in
LS
CIC •RTI Act says ‚leader of the single largest party
in the Lok Sabha‛. (Doesn’t make 10%
requirement).
•PM+ Home minister + speaker of LS + dept.
chair of RS + leader of Opposition of LS +
leader of Opposition of RS
NHRC
•As per Protection of Human rights act 1993.- if
vacancy in Committee, still appointment can be
done.
•PM + CJI +speaker of LS + leader of opposition
in LS + eminent jurist
Lokpal •Even here, if vacancy in Committee, still
appointment can be made as per Lokpal Act
2013.
•CJI +2 SC judges + law minister + 2 eminent
jurist
NJAC
•2 eminent jurist would be recommended by
(PM + CJI + leader of opposition in LS)
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State Legislature/Govt.
• 4 questions so far
• Basic and fundamental

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Q1. Consider the following statements : (2016)
1. The Chief Secretary in a State is appointed by the Governor
of that State.
2. The Chief Secretary in a State has a fixed tenure.
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

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• The incumbent to the post of Chief Secretary is chosen
by and appointed by the Chief Minister and the
Ministers of the State.
• The trend is that the Chief Minister consults the Union
Government regarding the appointment of the Chief
Secretary but, this consultation is not obligatory.
• There is no fixed tenure for the post of Chief Secretary.
Administrative reform commission in 1969 had
recommended that a Chief secretary should have a
minimum tenure of three to four years

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Q2. Consider the following statements (2015)
1. The Legislative Council of a State in India can be larger in
size than half of the Legislative Assembly of that particular
State.
2. The Governor of a State nominates the Chairman of
Legislative Council of that particular State.
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
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Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert
• There is no uniformity in the organisation of state
legislatures. Most of the states have an unicameral
system, while others have a bicameral system.
• At present (2016), only seven states have two Houses
(bicameral). These are Andhra Pradesh, Telangana,
Uttar Pradesh, Bihar, Maharashtra, Karnataka and
Jammu and Kashmir.

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• The power of abolition and creation of the State legislative
council is vested in Parliament of India as per article 169.
• But again, to create or to abolish a state legislative council, the
state legislative assembly must pass a resolution, which must be
supported by majority of the strengthof the house
and 2/3rd majority of the present and voting (Absolute +
Special Majority).
• When a legislative council is created or abolished, the
Constitution of India is also changed. However, still, such type
of law is not considered a Constitution Amendment
Bill. (Article 169).
• The resolution to create and abolish a state legislative council
is to be assented by the President also.

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• The legislative council is permanent body but 1/3rd of its member
retire every 2 years.
• In legislative Council, there are 5 different categories of
representation.

 1/3rd of the total membership is elected by the electorates


consisting of the members of the self Governing bodies in the state
such as Municipalities, District Boards etc.
 1/3rd members are elected by the members of the Legislative
assembly of the State
 1/12th members are elected by an electorate of University Graduates.
 1/12th members are elected by the electorate consisting of the
secondary school teachers (3 year experience)
 1/6th members nominated by the Governor on the basis of their
special knowledge / practical experience in literature, art, science,
cooperative movement or social service.
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Q3. Consider the following statements: (2018)
1. The Speaker of the Legislative Assembly shall vacate
his/her office if he/she ceases to be a member of the
assembly.
2. Whenever the Legislative Assembly is dissolved, the
Speaker shall vacate his/her office immediately.
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

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• Usually, the Speaker remains in office during the life of the
assembly. However, he vacates his office earlier in any of the
following three cases:
o if he ceases to be a member of the assembly;
o if he resigns by writing to the deputy speaker; and
o if he is removed by a resolution passed by a majority of all the
then members of the assembly. Such a resolution can be moved
only after giving 14 days advance notice
• Article 179 of the Indian Constitution provides that whenever the
Assembly is dissolved, the Speaker shall not vacate his office until
immediately before the first meeting of the Assembly after the
dissolution.

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Q4. Which of the following are the discretionary powers given to the
Governor of a State?(2014)
1. Sending a report to the President of India for imposing the
President’s rule
2. Appointing the Ministers
3. Reserving certain bills passed by the State Legislature for
consideration of the President of India
4. Making the rules to conduct the business of the State Government
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4

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Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert
Q4. Consider the following statements:
1. No criminal proceedings shall be instituted against the
Governor of a State in any court during his term of
office.
2. The emoluments and allowances of the Governor of a
State shall not be diminished during his term of office.
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
Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert
• Like the President, the Governor is also entitled to a number of
privileges and immunities. He enjoys personal immunity from
legal liability for his official acts. During his term of office, he is
immune from any criminal proceedings, even in respect of his
personal acts. He cannot be arrested or imprisoned. However, after
giving two months’ notice, civil proceedings can be instituted
against him during his term of office in respect of his personal
acts

• The Governor is entitled to such emoluments, allowances and


privileges as may be determined by Parliament. His emoluments
and allowances cannot be diminished during his term of office.

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JUDICIARY
• 4 QUESTIONS
• Mix of conceptual, factual and fundamental

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Q1. In India, Judicial Review implies (2017)
(a) the power of the Judiciary to pronounce upon the
constitutionality of laws and executive orders.
(b) the power of the Judiciary to question the wisdom of the
laws enacted by the Legislatures.
(c) the power of the Judiciary to review all the legislative
enactments before they are assented to by the President.
(d) the power of the Judiciary to review its own judgements
given earlier in similar or different cases.

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• Judicial review is the power of judiciary to examine the
constitutionality of legislative enactments and executive
orders of both the Central and state governments.
• On examination, if they are found to be violative of the
Constitution (ultra-vires), they can be declared as illegal,
unconstitutional and invalid (null and viod).
• Consequently, they cannot be enforced by the government.
• The constitutional validity of a legislative enactment or an
executive order can be challenged in a high court or supreme
court on the following three grounds: (a) it infringes the
fundamental rights (Part III), (b) it is outside the competence
of the authority which has framed it, and (c) it is repugant to
the constitutional provisions.

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Q2. Who/Which of the following is the custodian of the
Constitution of India? (2015)
(a) The President of India
(b) The Prime Minister of India
(c) The Lok Sabha Secretariat
(d) The Supreme Court of India

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Q3. The power to increase the number of judges in the Supreme
Court of India is vested in (2014)
(a) The President of India
(b) The Parliament
(c) The Chief Justice of India
(d) the Law Commission

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Q4. The power of the Supreme Court of India to decide
disputes between the Centre and the States falls under its (2014)
(a) advisory jurisdiction
(b) appellate jurisdiction
(c) original jurisdiction
(d) writ jurisdiction

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• The Supreme Court has original, appellate and advisory jurisdiction.
• Its exclusive original jurisdiction extends to any dispute between the Government of
India and one or more States or between the Government of India and any State or
States on one side and one or more States on the other or between two or more States,
if and insofar as the dispute involves any question (whether of law or of fact) on which
the existence or extent of a legal right depends.
• In addition, Article 32 of the Constitution gives an extensive original jurisdiction to
the Supreme Court in regard to enforcement of Fundamental Rights
• The Supreme Court has been conferred with power to direct transfer of any civil or
criminal case from one State High Court to another State High Court or from a
Court subordinate to another State High Court.
• The Supreme Court, if satisfied that cases involving the same or substantially the same
questions of law are pending before it and one or more High Courts or before two or
more High Courts and that such questions are substantial questions of general
importance, may withdraw a case or cases pending before the High Court or High
Courts and dispose of all such cases itself.
• Under the Arbitration and Conciliation Act, 1996, International Commercial
Arbitration can also be initiated in the Supreme Court.

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• The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the
High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any
judgement, decree or final order of a High Court in both civil and criminal cases, involving
substantial questions of law as to the interpretation of the Constitution.
• Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies
: (a) that the case involves a substantial question of law of general importance, and
(b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme
Court.
• In criminal cases, an appeal lies to the Supreme Court if the High Court
(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to
death or to imprisonment for life or for a period of not less than 10 years, or
(b) has withdrawn for trial before itself any case from any Court subordinate to its authority
and has in such trial convicted the accused and sentenced him to death or to imprisonment
for life or for a period of not less than 10 years, or
(c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is
authorised to confer on the Supreme Court any further powers to entertain and hear
appeals from any judgement, final order or sentence in a criminal proceeding of a High
Court.
• The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in
India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of
the Constitution from any judgment, decree, determination, sentence or order in any cause
or matter passed or made by any Court or Tribunal in the territory of India.

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• As a Court of Record, the Supreme Court has two powers:
(a) The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and
testimony. These records are admitted to be of evidentiary value and cannot be questioned when
produced before any court. They are recognised as legal precedents and legal references.
(b) It has power to punish for contempt of court, either with simple imprisonment for a term up to six
months or with fine up to `2,000 or with both.
• In 1991, the Supreme Court has ruled that it has power to punish for contempt not only of itself
but also of high courts, subordinate courts and tribunals functioning in the entire country.
Contempt of court may be civil or criminal.
• Civil contempt means wilful disobedience to any judgement, order, writ or other process of a
court or wilful breach of an undertaking given to a court.
• Criminal contempt means the publication of any matter or doing an act which—(i) scandalises or
lowers the authority of a court; or (ii) prejudices or interferes with the due course of a judicial
proceeding; or (iii) interferes or obstructs the administration of justice in any other manner. However,
innocent publication and distribution of some matter, fair and accurate report of judicial proceedings,
fair and reasonable criticism of judicial acts and comment on the administrative side of the judiciary
do not amount to contempt of court.

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LOCAL GOVERNMENT
• 4 Questions
• Mostly PRIs related.
• Factual and fundamental
• focus more on recent trends like – PESA, GRAM
NYAYALAYAS, etc

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Q1. Local self-government can be best explained as an exercise
in (2017)
(a) Federalism
(b) Democratic decentralisation
(c) Administrative delegation
(d) Direct democracy

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• January 1957, the Government of India appointed a
committee to examine the working of the Community
Development Programme (1952) and the National
Extension Service (1953) and to suggest measures for their
better working.
• The chairman of this committee was Balwant Rai G
Mehta. The committee submitted its report in November
1957 and recommended the establishment of the scheme
of ‗democratic decentralisation‘, which ultimately came
to be known as Panchayati Raj.

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Q2. With reference to the ‘Gram Nyayalaya Act’, which of the
following statements is/are correct?(2016)
1. As per the Act, Gram Nyayalayas can hear only civil cases and
not criminal cases.
2. The Act allows local social activists as mediators /
reconciliators.
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

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• Gram Nyayalayas Act 2008 had into force on October 2, 2009. The Gram
Nyayalayas Act, 2008 has been enacted to provide for the establishment of the
Gram Nyayalayas at the grass roots level for the purpose of providing access
to justice to the citizens at their door steps.
• Each Gram Nyayalaya is a court of Judicial Magistrate of the first class
and its presiding officer (Nyayadhikari) is appointed by the State
Government in consultation with the High Court.
• A Gram Nyayalaya is established for every Panchayat at intermediate
level or a group of contiguous Panchayats at intermediate level in a district.
• Seat of the Gram Nyayalaya is located at the headquarters of the
intermediate Panchayat, they go to villages, work there and dispose of the
cases.
• The judges who preside the Grama Nyayalaya are strictly judicial
officers. They draw the same salary, deriving the same powers as First Class
Magistratesworking under High Courts.
• A Grama Nyayalaya is a mobile court and exercises the powers of both
Criminal and Civil Courts.

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• A Gram Nyayalaya is not be bound by the rules of evidence
provided in the Indian Evidence Act, 1872 but is guided by the
principles of natural justice and subject to any rule made by
the High Court.
• Gram Nyayalayas allow for conciliation of the dispute and
settlement of the same in the first instance.
• An appeal against a judgement of the Gram Nyayalaya is taken
forward as follows:
1. Session Courts in case of criminal case
2. District courts in case of civil cases

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Q3. Consider the following statements: (2016)
1. The minimum age prescribed for any person to be a member
of Panchayat is 25 years.
2. A Panchayat reconstituted after premature dissolution
continues only for the remainder period.
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
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• The minimum age for contesting elections to panchayats
is 21 years.
• In case of dissolution of Panchayats before expiry of its
term, it is mandatory to hold elections within 6 months
of its dissolution. Every Panchayat shall continue for full
term of 5 years. However, a Panchayat reconstituted
after premature dissolution shall continue for only the
reminder of the period. If the period is less than 6
months then it is not mandatory to held the elections.

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Q4. The fundamental object of Panchayati Raj system is to
ensure which among the following? (2016)
1. People's participation in development
2. Political accountability
3. Democratic decentralization
4. Financial mobilization
Select the correct answer using the code given below.
(a) 1, 2 and 3 only
(b) 2 and 4 only
(c) 1 and 3 only
(d) 1, 2, 3 and 4
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Scheduled & Tribal Areas

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Q1. The provisions in Fifth Schedule and Sixth Schedule in the
Constitution of India are made in order to (2015)
(a) protect the interests of Scheduled Tribes
(b) determine the boundaries between States
(c) determine the powers, authority and responsibilities of
Panchayats
(d) protect the interests of all the border States

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What does Scheduled Area mean(Schedule 5)?

According to Constitution:Scheduled Areas means such areas as the


President may by order declare to be Scheduled Areas.
These are the areas inhabited by aboriginals who are socially and
economically backward special effort need to be made to improve their
conditions .Central govt has some greater responsibility

At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat,


Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha,
Rajasthan and Telangana have Fifth Schedule Areas.

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• TRIBAL AREAS(6th Schedule) - , the Constitution of
India refers tribal areas within the States of Assam,
Meghalaya, Tripura & Mizoram, as those areas
specified in Parts I, II, IIA & III of the table appended
to paragraph 20 of the Sixth Schedule; own culture,
custom n civilization. A sizeable amount
of autonomy has been given to them for self
government

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