Tes 5 Answer Key

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PoP 2022 || TEST -5 Explanation || IAS HUB MGOCSM

1. Option c is correct
Statement 1 is incorrect. Constitution only provides for readjustment after every census under Article 82.
It is Parliament, which is empowered to determine the authority and manner in which delimitation is
made.
Statement 2 is incorrect. The Delimitation Commission in India is a high power body whose orders have
the force of law and cannot be called in question before any court. These orders come into force on a date
to be specified by the President of India in this behalf.
Source: Laxmikanth 4th edition 22.3
2. Option c is correct.
Statement 1 is incorrect. Money Bill cannot be introduced in the legislative council. It can be introduced
in the legislative assembly only and that too on the recommendation of the governor.
Statement 2 is incorrect. The legislative council has restricted powers with regard to a Money Bill. It
cannot reject or amend a Money Bill. It can only make recommendations and must return the bill to the
legislative assembly within 14 days. The legislative assembly can either accept or reject all or any of the
recommendations of the legislative council.
Statement 3 is correct. When a Money Bill is presented to the governor, he may either give his assent,
withhold his assent or reserve the bill for presidential assent.
Statement 4 is correct. When a money bill is reserved for consideration of the President, the president
may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for
reconsideration of the state legislature.
When a Money Bill is presented to the governor, he may either give his assent, withhold his assent or
reserve the bill for presidential assent but cannot return the bill for reconsideration of the state legislature.
Source: Laxmikanth State Legislature
3. Option b is correct
Statement 1 is incorrect. The Annual Budget of the Government is laid before Rajya Sabha also, although
the Budget speech is made in Lok Sabha only. Rajya Sabha has no powers to vote on the Demands for
Grants of the Ministries/Departments which is the exclusive domain of Lok Sabha. However, the twenty-
four Department-related Parliamentary Standing Committees which have thirty-one members, ten from
Rajya Sabha and twenty-one from Lok Sabha, examine the Demands for Grants of the respective
Ministries/Departments of the Government of India.
Statement 2 is correct. The core rationale for having two chambers in a national legislature broadly flows
from the need for checks and balances in a republican government to serve as an auxiliary precaution
against abuse by majority factions.
Statement 3 is correct. Rajya Sabha is a permanent body and works on the principle of proportional
representation. Due to its wide membership base it protects the interests of the states against the undue
interference of centre, thus maintaining federal equilibrium.
Source: Laxmikanth 4th edition 22.3,29 and 30
4. Option b is correct.
Statement 1 is incorrect. When the Lok Sabha is prorogued, it does not affect any bill or any other
business pending before the House. So, Bill pending in the Lok Sabha lapses on its prorogation. However,
all pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to
be given for the next session.
POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

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Statement 2 is correct. A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha,
does not lapse on dissolution of the Lok Sabha.
A bill passed by both Houses but pending assent of the president does not lapse. A bill passed by both
Houses but returned by the president for reconsideration of Houses does not lapse. 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, does not lapse.
However, a bill pending in the Lok Sabha lapses (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 also lapses.
Source: UPSC Prelims 2016
5. Option c is correct
Statement 1 is correct. Contingency Fund of India was established by an act of the parliament. The
Parliament has enacted the Contingency Fund of India Act in 1950.
Statement 2 is incorrect. The fund is held by the finance secretary on behalf of the president.
Statement 3 is correct. The money spent from Contingency Fund is again re-appropriated from
Consolidated Fund, which needs parliamentary approval.
Source: M Laxmikanth, Chapter Parliament.
6. Option b is the correct.

Statement 1 is incorrect. Every political party, whether ruling or Opposition has its own whip in the
Parliament.
Statement 2 is correct. Functions of Whip: He is appointed by the political party to serve as an assistant
floor leader. He is charged with the responsibility of ensuring the attendance of his party members in
large numbers and securing their support in favor of or against a particular issue. He regulates and
monitors behavior of members of the political party in the Parliament.
Source: Indian Polity by M Laxmikanth/ Chapter 22 / Whip, page no. 22.11
Pair 1 is incorrect. Calling Attention Motion is introduced in the Parliament by a member to call the
attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from
him on that matter. Like the zero hour, it is also an Indian innovation in the parliamentary procedure and
has been in existence since 1954. However, unlike the zero hour, it is mentioned in the Rules of
Procedure.
Pair 2 is correct. Closure Motion: It is a motion moved by a member to cut short the debate on a matter
before the House. If the motion is approved by the House, debate is stopped forthwith and the matter is
put to vote.
Pair 3 is correct. Point of Order: A member can raise a point of order when the proceedings of the House
do not follow the normal rules of procedure. It is usually raised by an opposition member in order to
control the government. It is an extraordinary device as it suspends the proceedings before the House. No
debate is allowed on a point of order.
Source: Laxmikanth Chapter 22 Parliament
8. Option a is correct
Statement 1 is correct. Abolition or creation of a legislative council is administered under Article 169.
This act of Parliament is not deemed as amendment under Article 368 and is passed like an ordinary
legislation by a simple majority.

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Statement 2 is incorrect. The bill which seeks to create a legislative council does not need a prior approval
of President before being presented in the Parliament.
Statement 3 is incorrect. The maximum time for which state legislative council can withhold a bills 4
months (and not three). For the first time legislative council can hold a bill for 3 months by not taking any
action. Then assembly may pass the bill again and transmit the same to the council. This time it can
withhold it only for a period of one month.
Source: Laxmikanth 4th edition 29.1 and 8
9. Option a is correct.
Statement 1 is correct. When the President returns an ordinary bill for reconsideration of the parliament
and if it is passed by both the Houses again with or without amendments and again presented to the
President, it is obligatory for the President to give his/her assent to the bill. This means that the
presidential veto is overridden by a re-passage of the bill by the same ordinary majority. Thus, the
President enjoys only a ‘suspensive veto’.
Statement 2 is incorrect. When the President returns the bill for reconsideration of the state legislature, the
house or houses have to reconsider it within a period of six months. And if it is passed by the House or
Houses again with or without amendments, the constitution does not specify whether it is obligatory on
the part of the President to give his/her assent.
Source: M Laxmikanth, chapter State Legislature, page no. 33.9

Statement 1 is correct. Article 112 of the Constitution mandates to be laid before both the houses of
Parliament a statement of estimated receipts and expenditure and it is referred as Annual Financial
Statement. The passage of budget by the Parliament exhibits Parliamentary control over public finance.
Statement 2 is correct. No money can be withdrawn from CFI except with the approval of Parliament.
The withdrawal is approved through appropriation bill.
Statement 3 is correct. The supplementary grants are approved by the Parliament if authorized grant is not
enough to meet the requirement. The Vote on Account (Art 116) is a Parliamentary approval for
governmental expenditure till the budget is fully passed. Hence public finance is controlled by Parliament.
Statement 4 is incorrect. There is no compulsory or regulatory oversight of the governmental programs by

Parliamentary budget office. The committees of Parliament only have advisory jurisdiction.
Statement 5 in correct.The taxation proposal of the government is the backbone of governmental revenue.
It is done through finance bill as Article 265 mandates the authority of law for a tax to be levied or
collected.
11. Option d is correct.

The International Seabed Authority (ISA) is an autonomous international organization established under
the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement relating
to the Implementation of Part XI of the United Nations Convention on the Law of the Sea (1994
Agreement).
ISA is the organization through which States Parties to UNCLOS organize and control all mineral-
resources-related activities in the Area for the benefit of mankind as a whole. In so doing, ISA has the
mandate to ensure the effective protection of the marine environment from harmful effects that may arise
from deep-seabed related activities.

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The Area and its resources are the common heritage of mankind. The Area covers around 54 per cent of
the total area of the world’s oceans.

Public Account Committee (PAC) is a standing parliamentary committee which is constituted every year
or periodically and works on a continuous basis. The committee was set up first in 1921 under the
provisions of the Government of India Act of 1919 and has since been in existence.
It consists of 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha). The members are elected
by the Parliament every year from amongst its members according to the principle of proportional
representation by means of the single transferable vote. A minister cannot be elected as a member of the
committee. The chairman of the committee is appointed from amongst its members by the Speaker.
The function of the committee is to examine the annual audit reports of the Comptroller and Auditor
General of India (CAG), which are laid before the Parliament by the President. The committee is assisted
by the CAG in the fulfilment of its functions.
Source: Laxmikanth 4th edition

Statement 1 is correct. Adjournment sine die means terminating a sitting of Parliament for an indefinite
period. In other words, when the House is adjourned without naming a day for reassembly, it is called
adjournment sine die. The power of adjournment as well as adjournment sine die lies with the presiding
officer of the House.
Statement 2 is incorrect. The presiding officer (Speaker or Chairman) declares the House adjourned sine
die, when the business of a session is completed. Within the next few days, the President issues a
notification for prorogation of the session. Prorogation not only terminates a sitting but also a session of
the House. The President can also prorogue the House while in session.
Statement 3 is correct. Under Article 107 (3) of the Constitution, a bill pending in Parliament shall not
lapse by reason of the prorogation of the Houses. Under Rule 336 of the Lok Sabha, a motion, resolution
or an amendment, which has been moved and is pending in the House, shall not lapse by reason only of
the prorogation of the House.
Source: Indian Polity, Laxmikanth, 6th Edition

Censure Motion can be moved against an individual minister or a group of ministers or the entire council
of ministers. A censure means an expression of strong disapproval or harsh criticism. A censure motion
can be moved in lower house of the parliament or in a state assembly in India.

Statement 1 correct. The privileges belonging to each House of Parliament collectively includes
prohibition of courts to inquire into the proceedings of a House or its committees.
Statement 2 is incorrect. The Constitution has extended the parliamentary privileges to those persons who
are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees.
These include the attorney general of India and Union ministers.
Statement 3 is incorrect. Parliament has not made any special law to codify the privileges. They are based
on five sources, namely, 1) Constitutional provisions, 2) Various laws made by Parliament, 3) Rules of
both Houses, 4) Parliamentary conventions, and 5) Judicial interpretations.

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Option a is incorrect. The speaker is elected by Lok Sabha from among its members. The date of election
of the Speaker is fixed by the President (and not Election Commission of India).
Option b is incorrect. It Deputy Speaker (and nor Deputy Chairman) who has one special privilege that is,
whenever he is appointed as a member of a Parliamentary committee, he automatically becomes its
chairman.
Option c is incorrect. Speaker is provided with security of tenure. He can be removed only by a resolution
passed by absolute majority (and not special majority).
Option d is correct. The institution of speaker and deputy speaker originated in India in 1921 under the
provisions of Government of India Act 1919.

Statement 1 is incorrect. The resolution for creation or abolition of legislative council must be passed by
the state assembly by a special majority i.e. by a majority of the total membership of the assembly and a
majority of not less than two-thirds of the members of the assembly present and voting.
At present, only six states have legislative councils. These are Maharashtra, Andhra Pradesh, Telangana,
Karnataka, Bihar and Uttar Pradesh.
Statement 2 is incorrect. Parliament can pass such an act by a simple majority i.e. by a majority of the
members present and voting of both the houses.
Statement 3 is correct. This Act of Parliament is not deemed as an amendment of the Constitution for the
purposes of Article 368. Hence, it is passed like an ordinary legislation.

Option a is correct. Policy cut motion represents the disapproval of the policy underlying the demand. It
states that the amount of the demand be reduced to Re1. The members can also advocate an alternative
policy.
Option b is incorrect. Economy cut motion represents the economy that can be affected in the proposed
expenditure. It states that the amount of the demand be reduced by a specified amount.
Option c is incorrect. It ventilates a specific grievance that is within the sphere of responsibility of the
Government of India. It states that the amount of the demand be reduced by ₹100.
Option d is incorrect. Vote on account authorises the Lok Sabha to make any grant in advance in respect
to the estimated expenditure for a part of the financial year, pending the completion of the voting of the
demands for grants and the enactment of the appropriation bill.

The budget goes through the following stages in the Parliament:
1) Presentation of budget: The Finance Minister presents the General Budget with a speech known as the
‘budget speech’. At the end of the speech in the Lok Sabha, the budget is laid before the Rajya Sabha,
which can only discuss it and has no power to vote on the demands for grants.
2) General discussion: The general discussion on budget begins a few days after its presentation. It takes
place in both the Houses of Parliament and lasts usually for three to four days.

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3) Scrutiny by departmental committees: After the general discussion on the budget is over, the Houses
are adjourned for about three to four weeks. During this gap period, the 24 departmental standing
committees of Parliament examine and discuss in detail the demands for grants of the concerned ministers
and prepare reports on them. These reports are submitted to both the Houses of Parliament for
consideration.
4) Voting on demands for grants: In the light of the reports of the departmental standing committees, the
Lok Sabha takes up voting of demands for grants. The demands are presented ministry wise. A demand
becomes a grant after it has been duly voted.
5) Passing of appropriation bill: The Constitution states that ‘no money shall be withdrawn from the
Consolidated Fund of India except under appropriation made by law’. Accordingly, an appropriation bill
is introduced to provide for the appropriation, out of the Consolidated Fund of India.
6) Passing of finance bill: The Finance Bill is introduced to give effect to the financial proposals of the
Government of India for the following year. It is subjected to all the conditions applicable to a Money
Bill.

Statement 1 is correct. The Speaker of the legislative assembly is elected by the assembly from amongst
its members. The Speaker remains in office during the life of the assembly. However, he has to vacate his
office:
• If he ceases to be a member of the assembly;
• If he resigns by writing to the deputy speaker; and
• If he is removed by a resolution passed by a majority of all then members of the assembly
Statement 2 is incorrect. Whenever the state legislative assembly is dissolved, the Speaker does not vacate
his office and continues till the newly-elected assembly meets. According to Article 179 of Indian
Constitution, whenever the Assembly is dissolved, the Speaker shall not vacate his office until
immediately before the first meeting of the Assembly after the dissolution

Pair 1 is incorrect. Supplementary Grant is given when the amount authorised by the Parliament through
the appropriation act for a particular service for the current financial year is found to be insufficient for
that year.
Additional Grant is given when a need has arisen during the current financial year for additional
expenditure upon some new service not contemplated in the budget for that year.
Pair 2 is correct. Token Grant is given when funds to meet the proposed expenditure on a new service can
be made available by reappropriation. A demand for the grant of a token sum (of Re 1) is submitted to the
vote of the Lok Sabha and if assented, funds are made available. Reappropriation involves transfer of
funds from one head to another. It does not involve any additional expenditure.
Pair 3 is correct. Vote of Credit is granted for meeting an unexpected demand upon the resources of India,
when on account of the magnitude or the indefinite character of the service, the demand cannot be stated
with the details ordinarily given in a budget. Hence, it is like a blank cheque given to the Executive by the
Lok Sabha.
Source: Laxmikanth Chapter 22 Parliament.

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Statement 1: Anandpur Sahib Resolution, 1973: The working committee of the Shiromani Akali Dal
constituted a 12-member sub-committee on December 11, 1972 to formulate comprehensive policies and
programmes. It demanded that the authority of the Centre should be confined only to the defense of the
country, foreign relations, communications, railways and currency. All the residuary subjects should be
under the jurisdiction of states.
Statement 2: Punchhi Commission, 2007: The Government of India constituted a Commission on Centre-
State Relations under the chairmanship of Justice Madan Mohan Punchhi, former Chief Justice of India
on 27th April 2007 to look into the new issues of Centre-State relations keeping in view the changes that
have taken place in the polity and economy of India since the Sarkaria Commission had last looked at the
issue of Centre-State relations over two decades ago.
Statement 3: Rajmannar Committee, 1969: A Centre-State Relations Inquiry Committee was set up by the
then DMK Government of Tamil Nadu on 2nd September, 1969 under the Chairmanship of Dr. P.V.
Rajamanar to consider the entire question regarding relationship that should subsist between the Centre
and the States in a federal set up.
Statement 4: Sarkaria Committee, 1983: Sarkaria Commission was set up in June 1983 to examine the
relationship and balance of power between state and central governments and suggest changes within the
framework of the Constitution.
Source: Laxmikanth 4th edition 14.12-14

Statement 1 is incorrect. State legislative council does not participate in the election of the president. Only
the elected members of both the Houses of Parliament, the elected members of the legislative assemblies
of the states and the elected members of the legislative assemblies of the Union Territories of Delhi and
Puducherry participate in the election of the president.
Statement 2 is incorrect. The council has no effective say in the ratification of a constitutional amendment
bill. In this respect also, the will of the assembly prevails over that of the council.
Statements 3 and 4 are correct. The council has equal powers like that of the assembly with respect to
enlargement of jurisdiction of the state public service commission, approval of ordinances issued by the
governor.

Statement 1 is incorrect. The Speaker can be removed by a resolution passed by a majority of all the then
members of the Lok Sabha (effective majority, not absolute). Such a resolution can be moved only after
giving 14 days’ advance notice.
Statement 2 is incorrect. Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and
continues till the newly-elected Lok Sabha meets.
Statement 3 is correct. Salaries and allowances of the Speaker are fixed by the Parliament. They are
charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament.
Source: Indian Polity, Laxmikanth, 6th Edition Ch: 22

EU Commission is pushing for the world’s first carbon border tax on imported goods like carbon-
intensive steel. The 27-nation bloc plans to levy the tax in a phased manner from 2026. It directs non-EU
companies exporting to Europe to pay the same price for their carbon footprint in Europe as European
companies.

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Carbon Border Adjustment Mechanism (CBAM) is part of the EU’s ambitious new targets to curb climate
change ahead of the 26th United Nations Climate Change conference (COP26) in Glasgow at the end of
this year.

Option a is incorrect. Committee on government assurances– checks the assurances, promises and
undertakings given by ministers from time to time on the floor of the House and reports on the extent to
which they have been carried through.
Option b is correct. Committee on Subordinate legislation examines and reports to the House whether the
powers to make regulations, rules, sub-rules and bye-laws delegated by the Parliament or conferred by the
Constitution to the Executive are being properly exercised by it.
Option c is incorrect. Rules committee considers the matters of procedure and conduct of business in the
House and recommends necessary amendments or additions to the rules of the House.
Option d is incorrect. Business advisory committee regulates the program and time table of the House. It
allocates time for the transaction of legislative and other business brought before the House by the
government.

Option a is correct. The Rajya Sabha can either reject or amend the financial bills (I) and (II) under
Article 117.
Option b is correct. A joint sitting can be convened to resolve the deadlock with regard to financial bills
(I) and (II) under Article 117.
Option c is correct. In case of Financial Bill (I) and (II) under Article 117, President has all the veto
powers i.e. he can either give his assent or withhold his assent or send the bill back for the reconsideration
of the house.
Option d is incorrect. All money bills are financial bills but all financial bills are not money bills. Money
bills are just a part of larger group of financial bills (Article 117).

Consolidated Fund of India includes all revenues received by the Government of India, all loans raised by
the Government by the issue of treasury bills, loans or ways and means of advances and all money
received by the government in repayment of loans.
Provident fund deposits forms part of Public Account of India.
Source: M Laxmikanth, Chapter Parliament

Statement 1 is correct. As per Article 254(2), if centre and state have made a law on the same subject then
the formers prevail. But if the state law has received assent of the President than it prevails over the
central law. Parliament can override such state law by a subsequent legislation.
Statement 2 is incorrect. Originally concurrent list had 47 subjects which grew up to 52 by the 42nd
constitutional amendment (it increased the number of subjects). Five subjects were transferred from the
state list to the concurrent list:
1) Education

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2) Forest
3) Weights and measures
4) Protection of wild animals and birds
5) Administration of justice; constitution and organization of all courts except Supreme Courts and high
courts.
Source: Laxmikanth 4th edition 14.2 and DD Basu 22nd edition 363

Statement 1 is correct. Quorum is the minimum number of members required to be present in the house
before it can transact any business. Constitution has provided for quorum under Article 100, it is one-
tenth of the total number of members in each house including the presiding officers.
Statement 2 is incorrect. Parliamentary system is based on the principle of collective responsibility which
is exercised by no-confidence motion. But the Constitution has not mentioned it in any of its articles.
Statement 3 is incorrect. Office of whip is neither mentioned in the constitution of India nor are they
mentioned in the Rules of house and Parliamentary Statutes. This office is based on the convention of the
parliamentary government.
Statement 4 is incorrect. Constitution has not fixed the term of office of members of the Rajya Sabha.
Thus under Representation of People Act1951, Parliament has provided that the term of office for Rajya
Sabha members shall be six years.
Source: Laxmikanth 4th edition 22.4,11,13 and 15.

Statement 1 is correct. Leader of opposition is present in each house of Parliament; he is the leader of the
largest opposition party having not less than one-tenth seats of the total strength of the house.
Statement 2 is correct. They are entitled to the salary, allowances and facilities equivalent to that of a
cabinet minister.
Statement 3 is incorrect. A leader of opposition, officially for the first time was recognized in 1969. But
in 1977 the position of leader of opposition in both houses was accorded statutory recognition.

Statement 1 is incorrect. It cannot be convened to resolve the deadlock with regard to constitutional
amendment bills. A constitutional amendment bill must be passed by each house separately.
Statement 2 is incorrect. This feature was borrowed by India from Australian Constitution.
Statement 3 is correct. It is governed by the rules of procedure of Lok Sabha and not of Rajya Sabha.

Statement 1 is incorrect. Constitution has abandoned the system of communal representation. It provides
for the reservation of seats for scheduled castes and scheduled tribes in the Lok Sabha on the basis of
population ratios. Though seats are reserved for scheduled castes and scheduled tribes, they are elected by
all the voters in a constituency, without any separate electorate.
Statement 2 is correct. Reservation was to operate for ten years (ie, up to 1960), but it has been extended
since then by 10 years each time. The 104thAmendmentof the Constitution of India, extended the

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deadline for the cessation of the reservation of seats for members from Scheduled Castes and Scheduled
Tribes in the Lok Sabha and State Legislative Assemblies by a period of 10 years.
The reservation of seats for the Scheduled Castes and Scheduled Tribes was set to expire on 26 January
2020 as mandated by the Ninety Fifth Amendment, but was extended for another 10 years.

Statement 1 is correct. Under the Representation of People Act 1951, elected member of the legislature
has to declare his assets and liabilities within 90 days of getting elected but nominated members are
excluded from this provision.
Statement 2 is incorrect. A nominated member is free to join any political party within 6 months of his
nomination to Rajya Sabha without having any fear of disqualification. But once the 6 month limit
expires, they cannot join any political party or else will be disqualified on the grounds of defection.
Statement 3 is incorrect. Constitution only bars retired judges from practicing in any court in the territory
of India. There is no restriction on getting nominated to Rajya Sabha. Recently former CJI Ranjan Gogoi
was nominated to the Rajya Sabha.

An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in
either House of Parliament and not in the state legislatures. The bill can be introduced either by a minister
or by a private member and does not require prior permission of the president.
Parties cannot issue whips to MLAs in Rajya Sabha polls
The Supreme Court, in 2018, held that the NOTA option is meant only for universal adult suffrage and
direct elections and not for polls held by the system of proportional representation by means of the single
transferable vote as done in the Rajya Sabha.

The Indian Parliament comprises of the president and the two houses-Rajya Sabha (council of states) and
Lok Sabha (House of the people).The US congress is the legislatures of the federal government
comprising of a lower body, the House of Representatives, and upper body, the senate.
Statement 1 is incorrect. The US senators are directly elected by the citizens of the state. Hence, they have
direct support and approval of the people. In contrast, members of the Rajya Sabha are indirectly elected.
Residents of the State elect members to state legislative Assembly. The elected members of state
legislative assembly in turn elect the members of the Rajya Sabha.
Statement 2 is incorrect. In the USA, every state has equal representation in the Senate. This ensures
equality of all the states. But this also means that a small state would have the same representation as the
larger states. The system of representation adopted for the Rajya Sabha is different from that in the USA.
The number of members to be elected from each State has been fixed by the fourth schedule of the
Constitution. States with larger population get representatives than States with smaller population get.
Thus, a more populous State like Uttar Pradesh sends 31 members to the Rajya Sabha, while a smaller
and less populous State like Sikkim has one seat in the Rajya Sabha.
Source: Indian Constitution at Work, NCERT XI, Chapter-5, Pg. 105

Statement 1 is incorrect. President's prior recommendation is not required for formation of legislative
council. The Parliament can abolish a Legislative Council (where it already exists) or create it (where it
does not exist) by a simple majority, that is, a majority of the members of each House present and voting,
if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.

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Statement 2 is correct. Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a
permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council
(MLC) is six years, with one-third of the members retiring every two years.
Statement 3 is correct. Of the total number of members of a legislative council 1/12 are elected by
graduates of three years standing and residing within the state. Other members of a legislative council are:
1) 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.
2) 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary
school,
3) 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are
not members of the assembly, and
4) The remainder are nominated by the governor from amongst persons who have a special knowledge or
practical experience of literature, science, art, cooperative movement and social service.
Source: M Laxmikanth, 6th edition, chapter 33.

Statements 1 and 5 are incorrect - The salaries of the high court judges are not charged upon the
Consolidated Fund of India. Only their pensions are charged upon the Consolidated Fund of India. The
salaries and allowances of the judges, the salaries, allowances and pensions of the staff as well as the
administrative expenses of a high court are charged on the consolidated fund of the state. The expenditure
incurred by the Election Commission of India is also not charged on Consolidated Fund of India; rather it
is voted by the parliament. The disbursements charged on the Consolidated Fund or Charged
Expenditures are non-votable charges. These charges have to be paid whether the budget is passed or not.
The expenses under this category, among others, includes: (Statements 2, 3 and 4 are correct)
1) The salaries and allowances and pension payable to or in respect of judges of the Supreme Court and
the pension payable to or in respect of Judges of any High Court.
2) Debt Charges for which the Government of India is liable including interest, sinking fund charges and
redemption charges and other expenditure relating to loans and the service and redemption of debt.
3) The salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the
Speaker and the Deputy Speaker of the House of People.
4) The administrative expenses of the office of the CAG including all salaried, allowances and pensions
payable to or in respect of persons serving in that office.
Source: M Laxmikanth, 6th edition, chapter -22, 26, 33

All pairs are correctly matched.
Categories Legislature of questions in the Starred Question: The member desires an oral answer from the
minister. Such a question is distinguished by the MP with an asterisk. The answer can also be followed by
supplementary questions from members.
Unstarred Question: The MP seeks a written answer, which is deemed to be laid on the table of the House
by the concerned minister.
Short Notice Question: These are on an urgent matter of public importance, and an oral answer is sought.
A notice of less than 10 days is prescribed as the minimum period for asking such a question.
Question to Private Member: A question can be addressed to a private member under Rule 40 of Lok
Sabha's Rules of Procedure, or under Rule 48 of Rajya Sabha's Rules, provided that the question deals
with a subject relating to some Bill, resolution or other matter for which that member is responsible.

Statement 1 is correct. Unlike President of India who can be impeached formally; there is no formal
impeachment for Vice President. He can be removed by a resolution of the Rajya Sabha passed by an
effective majority (i.e., a majority of all the then members of the House) and passed agreed to by the Lok
Sabha via simple majority.

12
Statement 2 is incorrect: He can be removed by a resolution of the Rajya Sabha passed by an absolute
majority ‘and passed agreed to by the Lok Sabha via simple majority. But no such resolution can be
moved unless at least 14 days' advance notice has been given.
Statement 3 is correct. Notably, no ground has been mentioned in the Constitution for his removal.
Vice President
• The Vice-President holds office for a term of five years from the date on which he enters
upon his office.
• However, he can resign from his office at any time by addressing the resignation letter to
the President.
• He can also be removed from the office before completion of his term.

Statement 1 is correct.
Statement 2 is incorrect. The governor cannot pardon a death sentence. However the governor has the
authority to suspend, remit or commute a death sentence.
POWERS OF PRESIDENT POWERS OF GOVERNOR

He can pardon a sentence of the convict The governor does not have the power to pardon
given by the court martial or the military the sentence inflicted by the court-martial on the
court. convict.
The president can also pardon the death However, the Governor can also pardon the death
Sentence through commutation or in its sentence even before a prisoner has served a
entirely. minimum of 14 years of a prison sentence. This
power overrides a provision in the Code of
Criminal Procedure- Section 433A (a prisoner's
sentence can be remitted only after 14 years of
jail). Additionally, he can suspend, remit or
commute the death sentence by using the
pardoning powers
His pardoning powers are granted for the His pardoning powers are granted for the cases
cases where the convict has committed where the convict has committed an offence
has committed an offence against a Union against a state law.
law.

Recommendations of Punchhi Commission for the appointment of state chief ministers by Governor.
In case of appointment of state chief ministers, the Punchhi commission recommended that: There should
be clear guidelines on the chief ministers' appointment so that the discretionary powers of the governor
are limited in this regard. A pre-poll alliance to be regarded as one political party
Order of precedence informing state government:
The group/alliance with the largest pre-poll alliance with the highest number.
The single largest party with support from others.
The post-poll alliance with a few parties joining the government.
The post-poll alliance with a few parties joining the government and remaining including independents
giving outside support.

13
Article 75- Union Council of Ministers
Article 75 of the Constitution states that The Prime Minister of India is appointed by the President.
Other provisions under Article 75:
• The Prime Minister shall be appointed by the President and the other Ministers shall be appointed
by the President on the advice of the Prime Minister.
• The Minister shall hold office during the pleasure of the President
• The Council of Ministers shall be collectively responsible to the House of the People
• Before a Minister enters upon his office, the President shall administer to him the oaths of office
and of secrecy according to the forms set out for the purpose in the Third Schedule
• A Minister who for any period of six Consecutive months is not a member of either House of
Parliament shall at the expiration of that period cease to be a Minister
• The salaries and allowances of Ministers shall be such as Parliament may from time to time by
law determine and until parliament so determines shall be as specified in the Second schedule.

Statement 3 is incorrect. A bill seeking to amend the Constitution does not Require the prior
recommendation of the President.
Statement 1 is correct. The financial powers and functions of the President are:
• Money bills can be introduced in the parliament only with his prior recommendation.
• He causes to be laid before the Parliament the annual financial statement (ie, the Union budget)
• No demand for a grant can be made except on his recommendation.
• He can make advances out of the contingency fund of India to meet any unforeseen expenditure.
• He constitutes a finance commission after every five years to recommend the distribution of
revenues between the Centre and the states.
Statement 2 is correct. His prior recommendation or permission is needed to introduce certain types of
bills in the Parliament. For example, a bill involving expenditure from the Consolidated Fund of India, or
a bill for the alteration of boundaries of states or creation of a new state.

Both statements are correct
Appointment of Governor:
• The Indian Constitution, in Article 165, enables and authorizes the President of India to appoint
the Governor of State by warrant under his hand and seal for a five-year term.
• The Governor is not directly elected by the people, and neither is he elected indirectly by a
special electoral college.
• The Governor is appointed by the President and serves at his pleasure.
• One person can be appointed as a Governor of two or more States.

Important reports and Programmes of FAO (Have a brief overview):
1. Global Report on Food Crises.
2. Every two years, FAO publishes the State of the World's Forests.
3. FAO and the World Health Organization created the Codex Alimentarius Commission in 1961 to
develop food standards, guidelines and texts.

14
4. In 1996, FAO organized the World Food Summit. The Summit concluded with the signing of the Rome
Declaration, which established the goal of halving the number of people who suffer from hunger by the
year 2015.
5. In 2004, the Right to Food Guidelines were adopted, offering guidance to states on how to implement
their obligations on the right to food.
6. FAO created the International Plant Protection Convention or IPPC in 1952.
7. FAO is depositary of the International Treaty on Plant Genetic Resources for Food and Agriculture,
also called Plant Treaty, Seed Treaty or ITPGRFA, entered into force on 29 June 2004.
8. The Globally Important Agricultural Heritage Systems (GIAHS) Partnership Initiative was
conceptualized in 2002 during World Summit on Sustainable Development in Johannesburg, South
Africa.

The right to strike is a statutory right in India guaranteed under Section 22(1) (a) of the Industrial
Disputes Act, 1957.
For the armed forces and the police, where discipline is the most important prerequisite, even the
fundamental right to form an association can be restricted under Article 19(4) in the interest of public
order and other considerations.
Under Article 33 of the Constitution, Parliament, by law, can restrict or abrogate the rights of the
members of the armed forces or the forces charged with the maintenance of public order so as to ensure
the proper discharge of their duties and maintenance of discipline among them.
Universal Declaration of Human Rights, 1948 provides for the protection of workers’ interests. They have
the right to form trade unions and associations. And the right to strike is a sequel of their constitutional
privilege to form association.
International Covenant of Economic, Social and Cultural Rights, 1966 also provides for the recognition of
the right to strike with the condition that it is in conformity with the law of the member states.

Both statements are correct
Speaker Pro-Tem
• As provided by the constitution, the Speaker of the last Lok Sabha vacates his office immediately
before the first meeting of the newly-elected Lok Sabha. Therefore, the president appoints a
member of the Lok Sabha as the speaker pro tem.
• Usually, the senior most member is selected for this. The president himself administers oath to
the speaker pro tem.
• When the new speaker is elected by the house, the office of the speaker pro tem cases to exist.
Hence, this office is a temporary office, existing for a few days.
• He presides over the first sitting of the newly-elected Lok Sabha.
• He also enables the House to elect the new Speaker.
• The Bombay High Court in Surendra Vassant Sirsat case 1994 held that a pro-tem is Speaker of
the House "for all purposes with all powers, privileges and immunities until the Speaker is
elected. The Odisha High Court agreed in the Godavaris Misra versus Nandakisore Das case
when it said the powers of the Speaker pro-tem are co-extensive with the powers of elected
Speaker” .Thus pro-tem speaker has same powers and privileges as that of the Speaker.

Statement 1 and 2 are correct. Powers of the State Assembly are as under:
• It participates in the election of India's President.
• It also considers reports presented by agencies such as the Comptroller and Auditor General of
India, State Public Service Commission, and others. Hence, it is evident that the Vidhan Sabha is

15
the powerful and popular chamber of the State Legislature. In theory, it is somewhat parallel to
the Lok Sabha.
Statement 3 is incorrect. The state Legislature has got the power of making laws on the subjects of the
state list and the Concurrent List.

Both statements are correct.
• Motions and resolutions are procedural devices to raise a discussion in the house on a matter of
general public interest.
• With few exceptions, the process of debate in the house is initiated by a member of minister by
making a motion.
• In its widest sense, the term ‘motion’ means any proposal submitted to the house for eliciting its
decision. Every matter is determined in the house by means of a question put from the Chair on
motion made by a member and resolved either in the affirmative or negative. The decision which
has thus been elicited turns the motion into a resolution or order of the house.
• In other words, by a motion, the house discuss a matter by a resolution the house declares
its own opinion.
• Motions and resolution can be moved by private members as well as ministers. When they are
moved by the former, they are called private members motions or resolutions.
• As the time for discussing motion is taken from the time available for gvt business, gvt motion
get precedence over private member’s motions, on the same subjects.
• When they are moved in pursuance of a constitutional or statutory provision, they are called
statutory motions of resolution.
• The short duration discussion is a procedural device to enable members to raise discussion
without formal motion on a matter of urgent public importance.

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1

PoP 2022 || TEST -5 Explanation || IAS HUB MGOCSM

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

6. Option b is the correct.

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10. Option a is correct.

Statement 4 is incorrect. There is no compulsory or regulatory oversight of the governmental programs by

11. Option d is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

12. Option d is correct.

13. Option b is correct.

14. Option c is correct.

15. Option b is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

17. Option c is correct.

18. Option a is correct

19. Option b is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

20. Option a is correct.

21. Option b is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

23. Option b is correct

24. Option c is correct.

25. Option a is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

26. Option b is correct.

27. Option d is correct.

28. Option c is correct.

29. Option a is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

30. Option b is correct

31. Option a is correct

32. Option c is correct.

33. Option b is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

34. Option a is correct.

35. Option b is correct.

36. Option d is correct.

37. Option b is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

38. Option b is correct.

39. Option d is correct.

40. Option d is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

41. Option a is correct.

POWERS OF PRESIDENT POWERS OF GOVERNOR

42. Option a is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

44. Option a is correct.

45. Option c is correct.

46. Option d is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

47. Option b is correct

48. Option d is correct.

49. Option a is correct.

POLITY mail@mgocsmcsa.com|www.iashubcivilserviceacademy.com | 956 7744544

50. Option c is correct.