GS Prelims 10 Years Papers Polity Part 2

GS Prelims 10 Years’ Papers:
Insights & Strategy
POLITY- Part 2
Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

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

Q1. 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

Q1. According to the Constitution of India, it is the duty of the President of India to
cause to be laid before the Parliament which of the following?( 2012)
1.The Recommendations of the Union Finance Commission
2.The Report of the Public Accounts Committee
3.The Report of the Comptroller and Auditor General
4.The Report of the National Commission for Scheduled Castes
Select the correct answer using the codes given below :

(a)1 only
(b)2 and 4 only
(c)1, 3 and 4 only
(d)1, 2, 3 and 4

Q2. Who of the following shall cause every recommendation
made by the Finance Commission to be laid before each House
of Parliament?(2010)
(a) The President of India
(b) The Speaker of Lok Sabha
(c) The Prime Minister of India
(d) The Union Finance Minister

ORDINANCE MAKING POWER

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

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.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1nor 2
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

1. The Council of Ministers in the Centre shall be collectively
responsible to the Parliament.
2. The Union Ministers shall hold the office during the pleasure of
the President of India.
3. The Prime Minister shall communicate to the President about the
proposals for legislation.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Q4. The Prime Minister of India, at the time of his/her appointment
( 2012)
(a)need not necessarily be a member of one of the Houses of the
Parliament but must become a member of one of the‖ Houses within
six months
(b)need not necessarily be a member of one of the Houses of the

Parliament but must become a member of the Lok Sabha within six
months
(c)must be a member of one of the Houses of the Parliament
(d)must be a member of the Lok Sabha

Q5. Which one of the following Constitutional Amendments
states that the total number of Ministers, including the Prime
Minister, in the Council of Ministers shall not exceed fifteen
percent of the total number of members of the House of the
People?( 2009)
(a) 90th
(b) 91st
(c) 92nd
(d) 93rd

• 90th Amendment (2003): This Amendment provided that for elections to the
Legislative Assembly of the State of Assam, the representation of the Scheduled
Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland
Territorial Areas District, so notified, and existing prior to the Constitution of the
Bodoland Territorial Areas District, shall be maintained.
• 91st Amendment (2003): This Article provides that the total number of Ministers,
including the Prime Minister, in the Council of Ministers shall not exceed fifteen
per cent of the total number of members of the House of the People.
• 92nd Amendment (2003): This Article provides for the inclusion of four new
languages, viz. Bodo, Dogri, Maithili and Santhali in the Eighth Schedule of the
Constitution.
• 93rd Amendment (2009): extended the period of reservation of seats for the
Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians
in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e.
up to 26 January 2020.

Q6. With reference to Union Government, consider the following
statements: (2009)
1. The Constitution of India provides that all Cabinet Ministries
shall be compulsorily the sitting members of Lok Sabha only
2. The Union Cabinet Secretariat operates under the direction of the
Ministry of Parliamentary Affairs.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Q7. In India, who is the Chairman of the National Water
Resources Council?(2009)
(a) Prime Minister
(b) Minister of Water Resources
(c) Minister of Environment and Forests
(d) Minister of Science and Technology

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

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.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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
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

Q4. A deadlock between the Lok Sabha and the Rajya Sabha calls for a
joint sitting of the Parliament during the passage of (2012)
1. Ordinary Legislation
2. Money Bill
3. Constitution Amendment Bill
(a)1 only
(b)2 and 3 only
(c)1 and 3 only
(d)1, 2 and 3
Q5. 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
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Q6. 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.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Q7. In the Parliament of India, the purpose of an adjournment
motion is (2012)
(a)to allow a discussion on a definite matter of urgent public
importance
(b)to let opposition members collect information from the ministers
(c)to allow a reduction of specific amount in demand for grant
(d)to postpone the proceedings to check the inappropriate or violent

behaviour on the part of some members

Q8. 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.
(a) 1 and 2 only
(b) 2 and 3 only
(c) 2 only
(d) 1, 2 and 3

Q9. Which of the following are the methods of Parliamentary control over public finance in
India?(2012)
1.Placing Annual Financial Statement before the Parliament
2.Withdrawal of moneys from Consolidated Fund of India only after passing the Appropriation Bill
3.Provisions of supplementary grants and vote-on-account
4.A periodic or at least a mid-year review of programme of the Government against macroeconomic
forecasts and expenditure by a Parliamentary Budget Office.
5. Introducing Finance Bill in the Parliament

(a)1, 2, 3 and 5 only
(b)1, 2 and 4 only
(c)3, 4 and 5 only
(d)1, 2, 3, 4 and 5

Q10. What is the difference between ―vote-on-account‖ and ―interim
budget‖?(2011)
1. The provision of a ―vote-on-account‖ is used by a regular
Government, while an ―interim budget‖ is a provision used by a
caretaker Government.
2. A ―vote-on-account‖ only deals with the expenditure in
Government‘s budget, while an ―interim budget‖ includes both
expenditure and receipts.
(a) 1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2

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.

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.
Q11. When the annual Union Budget is not passed by the Lok
Sabha, (2011)
(a) The Budget is modified and presented again
(b) The Budget is referred to the Rajya Sabha for suggestions
(c) The Union Finance Minister is asked to resign
(d) The Prime Minister submits the resignation of Council of
Ministers

Q12. Which one of the following is responsible for the
preparation and presentation of Union Budget to the
Parliament?(2010)
(a) Department of Revenue
(b) Department of Economic Affairs
(c) Department of Financial Services
(d) Department of Expenditure

Q13. All revenues received by the Union Government by way of
taxes and other receipts for the conduct of Government
business are credited to the (2011)
(a) Contingency Fund of India
(b) Public Account
(c) Consolidated Fund of India
(d) Deposits and Advances Fund

Q14. The authorization for the withdrawal of funds from the
Consolidated Fund of India must come from (2011)
(b) The Parliament of India
(c) The Prime Minister of India
(d) The Union Finance Minister

Q15. 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.

Q16. 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

Q17. What will follow if a Money Bill is substantially amended
by the Rajya Sabha?(2013)
(a) The Lok Sabha may still proceed with the Bill, accepting or
not accepting the recommendations of the Rajya Sabha
(b) The Lok Sabha cannot consider the Bill further
(c) The Lok Sabha may send the Bill to the Rajya Sabha for
reconsideration
(d) The President may call a joint sitting for passing the Bill

Q18. Consider the following statements(2013)
1. The Chairman and the Deputy Chairman of the Rajya Sabha
are not the members of that House.
2. While the nominated members of the two Houses of the
Parliament have no voting right in the presidential election, they
have the right to vote in the election of the Vice President.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q19. Consider the following statements-(2013)
The Parliamentary Committee on Public Accounts.
1. Consists of not more than 25 Members of the Lok Sabha.
2. Scrutinizes appropriation and finance accounts of the Government.
3. Examines the report of the Comptroller and Auditor General of
India.
(a) 1 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Q20. Regarding the office of the Lok Sabha Speaker, consider the following
statements: (2012)
1.He/She holds the office during the pleasure of the President.
2.He/She need not be a member of the House at the time of his/her election but has
to become a member of the House within six months from the date of his/her
election.
3.If he/she intends to resign, the letter of his/her resignation has to be addressed to
the Deputy Speaker.
Which of the statements given above is /are correct?

(a)1 and 2 only
(b)3 only
(c)1, 2 and 3
(d)None

SPEAKER
 The Speaker is elected by the Lok Sabha from amongst its members (as
soon as may be, after its first sitting).
 Usually, the Speaker remains in office during the life of the Lok Sabha.
However, he has to vacate his office earlier in any of the following three
cases:
1. if he ceases to be a member of the Lok Sabha;
2. if he resigns by writing to the Deputy Speaker; and
3. if he is removed by a resolution passed by a majority of all the members of
the Lok Sabha.
Such a resolution can be moved only after giving 14 days‟ advance notice.
When a resolution for the removal of the Speaker is under consideration of
the House, he cannot preside at the sitting of the House, though he may
be present. However, he can speak and take part in the proceedings of
the House at such a time and vote in the first instance, though not in
the case of an equality of votes.
Q22. Which of the following special powers have been conferred on
the Rajya Sabha by the Constitution of India?(2012)
(a)To change the existing territory of a State and to change the name
of a State
(b)To pass a resolution empowering the Parliament to make laws in

the State List and to create one or more All India Services
(c)To amend the election procedure of the President and to determine

the pension of the President after his/her retirement
(d)To determine the functions of the Election Commission and to

determine the number of Election Commissioners
The Constitution of Indian provides that
1. The Legislative Assembly of each State shall consist of not more
than 450 members chosen by direct election from territorial
constituencies in the State
2. A person shall not be qualified to be chosen to fill a seat in the
Legislative Assembly of a State if he/she is less than 25 years of age
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

• The Legislative Assembly is the lower house of state
legislature in India. Members of the Vidhan Sabha are direct
representatives of the people of the particular state as they
are directly elected by an electorate consisting of all adult
citizens of that state.
• Its maximum size as outlined in the Constitution of India is
not more than 500 members and not less than 60.
• A person can become a member of the Legislative
Assembly of the state if she is i) a citizen of India ii) not
less than 25 years of age to be member of the Legislative
Assembly.

• 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.

Finance Bill Vs Money Bill
A Finance Bill is a Money Bill but not all money bills are Finance Bills.
Under Article 110(1) of the Constitution a money bill is defined as follows…
(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….

• 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.

• Finance Bill Vs Financial Bill
• Finance Bill is different from a “Financial Bill” which is defined under article 117(1) of
the Constitution.
• 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.

• 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.

JUDICIARY
• 11 QUESTIONS so far
• Mix of conceptual, factual and fundamental

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.

• 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.

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

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

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

Q5. Which of the following are included in the original jurisdiction of the Supreme Court?
(2012)
1.A dispute between the Government of India and one or more States
2.A dispute regarding elections to either House of the Parliament or that of Legislature of
a State
3.A dispute between the Government of India and a Union Territory
4.A dispute between two or more States
(a)1 and 2
(b)2 and 3
(c)1 and 4
(d)3 and 4

Q6. With reference to National Legal Services Authority consider the
following statements: (2013)
1. Its objective is to provide free and competent legal services to the
weaker section of the society on the basis of equal opportunity.
2. It issues guidelines for the State Legal Services Authorities to
implement the legal programmes and schemes throughout the
country.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

• National Legal Services Authority of India (NALSA) was formed on 5 December 1995 under
the authority of the Legal Services Authorities Act 1987. Its purpose is to provide free
legal services to eligible candidates (defined in Sec. 12 of the Act), and to organize Lok
Adalats for speedy resolution of cases.
Eligible persons include

1. Women and children
2. Members of SC/ST
3. Industrial workmen
4. Victim of mass disaster, violence
5. Disabled persons
6. Person in custody
7. Persons whose annual income does not exceed Rs one lakh.

• The Principal objectives of the NALSA are:
1. To provide free and competent legal services to the weaker sections of the
society.
2. To organize Lok Adalats to for amicable settlements of disputes.
3. Spread legal literacy and awareness.
4. Undertaking social justice litigations
• The Chief Justice of India is patron-in-chief of NALSA while second

seniormost judge of Supreme Court of India is the Executive-Chairman.

• In every State, State Legal Services Authority has been
constituted to give effect to the policies and directions of
the NALSA and to give free legal services to the people and
conduct Lok Adalats in the State.
• In every District, District Legal Services Authority has
been constituted to implement Legal Services
Programmes in the District.
• The District Legal Services Authority is situated in the
District Courts Complex in every District and chaired by
the District Judge of the respective district..
Q7. What is the provision to safeguard the autonomy of the Supreme Court of India?(2012)
1.While appointing the Supreme Court Judges, the President of India has to consult the Chief
Justice of India.
2.The Supreme Court Judges can be removed by the Chief Justice of India only.
3.The salaries of the Judges are charged on the Consolidated Fund of India to which the
legislature does not have to vote.
4.All appointments of officers and staffs of the Supreme Court of India are made by the
Government only after consulting the Chief Justice of India.
(a)1 and 3 only
(b)3 and 4 only
(c)4 only
(d)1, 2, 3 and 4
Q8. With reference to Lok Adalats, which of the following
statements is correct?(2010)
(a) Lok Adalats have the jurisdiction to settle the matters at pre-
litigative stage and not those matter pending before any court
(b) Lok Adalats can deal with matters which are civil and not
criminal in nature
(c) Every Lok Adalat consists of either serving or retired
judicial officers only and not any other person
(d) None of the statements given above is correct

Q9. With reference to Lok Adalats, consider the following
statements (2009)
1. An award made by a Lok Adatal is deemed to be a decree of a
civil court and no appeal lies against thereto before any court.
2. Matrimonial/Family disputes are not covered under Lok
Adatal.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
• The Lok Adalat has been given statutory status under the Legal Services Authorities
Act, 1987.
• Lok Adalat has the jurisdiction to settle, by way of effecting compromise between
the parties, any matter which may be pending before any court, as well as matters
at pre-litigative stage i.e. disputes which have not yet been formally instituted in
any Court of Law.
• Such matters may be civil or criminal in nature, but any matter relating to an
offence not compoundable under any law cannot be decided by the Lok Adalat
even if the parties involved therein agree to settle the same.
• Lok adalats can take cognizance of matters involving not only those persons who
are entitled to avail free legal services but of all other persons also, be they
women, men, or children and even institutions.
• The Lok Adalat is presided over by a sitting or retired judicial officer or other
person of respect and legal knowledge as the chairman, with two other members,
usually a lawyer and a social worker.
• Every award made by a Lok Adalat shall be final and binding on all parties to the
dispute. No appeal shall lie in any court against the award of Lok Adalat.
• The Lok Adalat shall have the same powers as are vested in a civil court under
the CPC (1908).

Q10. Consider the following statements: (2010)
The Supreme Court of India tenders advice to the President of India
on matters of law or fact
1. On its own initiative (on any matter of larger public interest).
2. If he seeks such an advice.
3. Only if the matters relate to the Fundamental Rights of the
citizens.
Which of the statement given above is/are correct?
(a) 1 only
(b) 2 only
(c) 3
(d) 1 and 2
• Advisory Jurisdiction The Constitution (Article 143) authorises
the president to seek the opinion of the Supreme Court in the
two categories of matters:
(a) On any question of law or fact of public importance which has
arisen or which is likely to arise -, the Supreme Court may
tender or may refuse to tender its opinion to the president.
(b) On any dispute arising out of any pre-constitution treaty,
agreement, covenant, engagement, sanad or other similar - the
Supreme Court „must‟ tender its opinion to the president.
In both the cases, the opinion expressed by the Supreme Court is
only advisory and not a judicial pronouncement. Hence, it is not
binding on the president; he may follow or may not follow the
opinion. However, it facilitates the government to have an
authoritative legal opinion on a matter to be decided by it.

Q11. How many High Courts in India have jurisdiction over
more than one State (Union Territories not included)? (2008)
(a) 2
(b) 3
(c) 4
(d) 5

• There are 21 High Courts in the country, three having
jurisdiction over more than one state.
• Bombay High Court has the jurisdiction over Maharasthra,
Goa, Dada and Nagar Haveli and Daman and Diu.
• Guwahati High Court, which was earlier known as Assam
High Court, has the jurisdiction over Assam, Manipur,
Meghalaya, Nagaland, Tripura, Mizoram and Arunachal
Pradesh.
• Punjab and Haryana High Court has the jurisdiction over
Punjab, Haryana and Chandigarh.
• 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.

• 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.

• 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.

STATE GOVERNMENT
• 4 questions so far
• Basic and fundamental

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.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

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.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
• The Chairman and Deputy Chairman are elected by the members of
Legislative Council from among themselves. The Chairman, and in his
absence the Deputy Chairman, presides over the meetings of the
Legislative Council.
• Total Number of the Legislative Council should not exceed the
1/3rd of the total number of members of the Legislative assembly,
but it should not be less than 40 (Article 171). However, Jammu &
Kashmir is an exception to this where the upper house has strength of 36
only. This is because; J & K assembly is created as per the J & K
constitution and Part VI is not applicable to Jammu & Kashmir.
• To be eligible for membership of the Legislative council, a person
 Must be citizen of India
 Must have completed the age of 30 years
 Must possess such other qualifications as prescribed by the parliament by
law.
 The member should not hold the office of the profit. Should not be of
unsound mind and should not be an undischarged insolvent.
• 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.

• 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.
Q3. 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
(a) 1 and 2 only (b) 1 and 3 only
(c) 2, 3 and 4 only (d) 1, 2, 3 and 4
Q4. Which one of the following authorities makes
recommendation to the Governor of a State as to the principles
for determining the taxes and duties which may be appropriated
by the Panchayats in that particular State?(2010)
(a) District Planning Committees
(b) State Finance Commission
(c) Finance Ministry of that State
(d) Panchayati Raj Ministry of that State

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

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

• 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.

Q2. With reference to the ‗Gram Nyayalaya Act‘, which of the
following statements is/are correct?
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.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

• 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.

• 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

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.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
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
(a) 1, 2 and 3 only
(b) 2 and 4 only
(c) 1 and 3 only
(d) 1, 2, 3 and 4
Q5. The Government enacted, the Panchayat Extension to
Scheduled Areas (PESA) Act in 1996. Which one of the
following is not identified as its objective? (2013)
(a) To provided self-governance
(b) To recognize traditional rights
(c) To create autonomous regions in tribal areas
(d) To free tribal people from exploitation

Q6. In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the
role/power of Gram Sabha? (2012)
1.Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.
2.Gram Sabha has the ownership of minor forest produce.
3.Recommendation of Gram Sabha is required for granting prospecting licence or mining lease for any
mineral in the Scheduled Areas.
(a)1 only
(b)1 and 2 only
(c)2 and 3 only
(d)1, 2 and 3

The Panchayats (Extension to the Scheduled Areas) Act
1996 OR PESA ACT, 1996
• It has extended the Part IX of the Constitution to the
scheduled areas of the fifth schedule.
• Via this act, it was made mandatory for the Andhra
Pradesh, Himachal Pradesh, Bihar, Maharashtra, Madhya
Pradesh, Gujarat, Rajasthan and Orissa to amend their
existing Panchayat acts in consonance with the Extension Act
within a year i.e. by 1997

Salient Features
• In the Schedule areas, every village will have a Gram Sabha consisting of
persons whose names are included in the electoral rolls for the Panchayats at
the village level.
• In the schedule areas, there will be a minimum of 50% seats reservation
for Scheduled Tribes (STs) at all the tiers of Panchayats.
• If the area has different tribal communities, the reservation of different
tribal communities shall be on the basis of proportion to their
population.
• The chairpersons at all levels of the Panchayats in Schedule areas shall
be reserved for STs.
• If there are no ST members at intermediate or district level Panchayats,
the state government shall nominate such underrepresented STs by
maximum of one-tenth of the total elected members of the Panchayats.
• Every legislation on the Panchayats in scheduled area shall be in
conformity with the customary law, social and religious practices and
traditional management practice of the community resources.

• If there is an acquisition of land in these areas, Gram Sabha must be consulted. However,
actual planning and implementation of the projects shall be co-ordinated at the state level. So, in
land acquisition, the role of Panchayats in these areas is advisory only.
• The recommendation of the Gram Sabha or the Gram Panchayats is mandatory for grant of
prospecting licence or mining lease for minor minerals in that area.
• Gram Sabha has the right to enforce prohibition or to regulate or restrict the sale and
consumption of any intoxicant.
• Gram Sabha and Panchayat have right to regulate the
 ownership of minor forest produce;
 to prevent alienation of land;
 to manage village markets;
 to exercise control over money lending;
 to exercise control over institutions and functionaries in all social sectors;
 to control over local plans and resources for such plans including tribal sub-plans.
• Planning and management of minor water bodies shall be entrusted to panchayats at appropriate
level.
• State legislations may endow Panchayats with such powers and authority as may be necessary to
enable them to function as Institutions of Self Governance (ISG).

Q7. The Constitution (Seventy-Third Amendment) Act. 1992, which
aims at promoting the Panchayati Raj Institutions in the country,
provides for which of the following?(2011)
1. Constitution of District Planning Committees.
2. State Election Commissions to conduct all panchayat elections.
3. Establishment of state Finance Commissions.
Select the correct answer using the codes given below:
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Q8. If a Panchayat is dissolved, elections are to be held within:
(2009)
(a) 1 month
(b) 3 months
(c) 6 months
(d) 1 year

Q9. Consider the following statements:
In India, a Metropolitan Planning Committee
1. Is constituted under the provisions of the constitution of India.
2. Prepares the draft development plans for metropolitan area.
3. Has the sole responsibility for implementing Government
sponsored schemes in the metropolitan area.
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d)1, 2 and 3
Scheduled & Tribal Areas

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

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.

• 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

Q2. Which Schedule of the Constitution of India contains
special provisions for the administration and control of
Scheduled Areas and several States? (2008)
(a) Third
(b) Fifth
(c) Seventh
(d) Ninth

MISCELLANEOUS
Q1. Which one of the following statements is correct?(2013)
(a) In India, the same person cannot be appointed as Governor for
two or more States at the same time.
(b) The Judges of the High Court of the States in India are
appointed by the Governor of the State just as the Judges of the
Supreme Court are appointed by the President
(c) No procedure has been laid down in the Constitution of India for
the removal of a Governor from his/her post
(d) In the case of a Union Territory having a legislative setup, the
Chief Minister is appointed by the Lt. Governor on the basis of
majority support

Q2. Consider the following statements:(2013)
1. National Development Council is an organ of the Planning
Commission.
2. The Economic and Social Planning is kept in the Concurrent List
in the Constitution of India.
3. The Constitution of India prescribes that Panchayats should be
assigned the task of preparation of plans for economic development
and social justice.
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

1.Union Territories are not represented in the Rajya Sabha.
2.It is within the purview of the Chief Election Commissioner to adjudicate the
election disputes.
3.According to the Constitution of India, the Parliament consists of the Lok

Sabha and the Rajya Sabha only.

(a)1 only
(b)2 and 3
(c)1 and 3
(d)None

• Article 80 provides for the composition of the Rajya Sabha
and lays down that it shall consist of:
• (i) twelve members to be nominated by the President,
consisting of persons having special knowledge or practical
experience in the fields of Literature, Art, Science and Social
Service; and
• (ii) not more than two hundred and thirty eight
representatives of the States and Union Territories.

Q4. With reference to Union Government consider the following
statements: (2009)
1. The Ministries/Departments of the Government of India created
by the Prime Minister on the advice of the Cabinet Secretary.
2. Each of the Ministries is assigned to a Minister by the President
of India on the advice of the Prime Minister.
Which of the statement given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
1. Central Administrative Tribunal (CAT) was set up during the
Prime Ministership of Lal Bahadur Shastri.
2. The Members of CAT are drawn from both judicial and
administrative streams.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
• The Central Administrative Tribunal has been established for
adjudication of disputes with respect to recruitment and
conditions of service of persons appointed to public services
and posts in connection with the affairs of the Union or other
local authorities within the territory of India or under the
control of Government of India and for matters connected
therewith or incidental thereto.
• This was done in pursuance of the amendment of Constitution of
India by Articles 323A.
• CAT was set up in 1985 during Rajiv Gandhi‘s tenure.
• The Chairman of CAT who has been a sitting or retired Judge
of a High Court heads the Central Administrative Tribunal.
• Besides the Chairman, the authorized strength consists of 16 Vice-
Chairmen and 49 Members. All the members for CAT are drawn
from judicial streams.

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Insights & Strategy

Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

1.The Recommendations of the Union Finance Commission

2.The Report of the Public Accounts Committee

3.The Report of the Comptroller and Auditor General

4.The Report of the National Commission for Scheduled Castes

Select the correct answer using the codes given below :

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Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

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(b)need not necessarily be a member of one of the Houses of the

(c)must be a member of one of the Houses of the Parliament

(d)must be a member of the Lok Sabha

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Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

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Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

Select the correct answer using the codes given below :

Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

(b)to let opposition members collect information from the ministers

(c)to allow a reduction of specific amount in demand for grant

(d)to postpone the proceedings to check the inappropriate or violent

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

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1.Placing Annual Financial Statement before the Parliament

3.Provisions of supplementary grants and vote-on-account

5. Introducing Finance Bill in the Parliament

Select the correct answer using the codes given below :

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Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

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Copyright © 2016 by Vision IAS. [www.visionias.in] Subject, Topic & Expert

Which of the statements given above is /are correct?

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(b)To pass a resolution empowering the Parliament to make laws in

(c)To amend the election procedure of the President and to determine

(d)To determine the functions of the Election Commission and to

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Finance Bill Vs Appropriation Bill

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