Polity | Polity test 1 | Target UPSC

ANSWER KEY
Question Number Answer
1 A
2 B
3 C
4 C
5 B
6 B
7 C
8 D
9 A
10 B
11 B
12 A
13 C
14 B
15 B
16 C
17 C
18 B
19 B
20 C
21 A
22 B
23 B
24 A
25 B
26 B
27 C
28 C
29 B
30 D
31 C
32 C
33 C
34 A

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35 B
36 A
37 D
38 C
39 C
40 B
41 B
42 A
43 B
44 A
45 B
46 B
47 B
48 C
49 C
50 C

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Solution
Q 1) :
Ans ) [A] : 1
Exp ) 1.Correct – In the Shankari Prasad Case (1951), the Supreme Court ruled that
Parliament can amend Fundamental rights under Article 368.

2.Correct – Since the Constitution had conferred a limited amending power on the Parliament,
the Parliament cannot under the exercise of that limited power enlarge that very power into an
absolute power. Indeed, a limited amending power is one of the basic features of the
Constitution and, therefore, the limitations on that power cannot be destroyed. In other words,
Parliament cannot, under article 368, expand its amending power so as to acquire for itself the
right to repeal or abrogate the Constitution or to destroy its basic features. The donee of a
limited power cannot by the exercise of that power convert the limited power into an unlimited
one”. Again in the Waman Rao case5 (1981), the Supreme Court adhered to the doctrine of the
‘basic structure’ and further clarified that it would apply to constitutional amendments
enacted after April 24, 1973 (i.e., the date of the judgement in the Kesavananda Bharati case).

3.Correct– However, in a significant judgement delivered in I.R. Coelho case (2007)12 , the
Supreme Court ruled that there could not be any blanket
immunity from judicial review of laws included in the Ninth Schedule. The court held that
judicial review is a ‘basic feature’ of the constitution and it could not be taken away by putting
a law under the Ninth Schedule. It said that the laws placed under the Ninth Schedule after
April 24, 1973, are open to challenge in court if they violated Fundamental Rights guaranteed
under the Articles 14, 15, 19 and 21 or the ‘basic structure’ of the Constitution. It was on April
24, 1973, that the Supreme Court first propounded the doctrine of ‘basic structure’ or ‘basic
features’ of the constitution in its landmark verdict in the Kesavananda Bharati case.

The contention proceeds that since fundamental rights form a part of basic structure and thus
laws inserted into Ninth Schedule when tested on the ground of basic structures shall have to
be examined on the fundamental rights test.

4. Incorrect- The justiciability of Fundamental Rights and non-justiciability of Directive

Principles on the one hand and the moral obligation of State to implement Directive Principles
(Article 37) on the other hand have led to a conflict between the two since the commencement
of the Constitution. In the Champakam Dorairajan case (1951), the Supreme Court ruled that
in case of any conflict between the Fundamental Rights and the Directive Principles,
the former would prevail. It declared that the Directive Principles have to conform to and run
as subsidiary to the Fundamental Rights. But, it also held
that the Fundamental Rights could be amended by the Parliament by enacting constitutional
amendment acts. As a result, the Parliament made the First Amendment Act (1951), the Fourth
Amendment Act (1955) and the Seventeenth Amendment Act (1964) to implement some of the
Directives.
The above situation underwent a major change in 1967 following the Supreme Court’s
judgement in the Golaknath case (1967). In that case, the Supreme Court ruled that the
Parliament cannot take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’
in nature. In other words, the Court held that the Fundamental Rights cannot be amended for
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the implementation of the Directive Principles.

Q 2) :
Ans ) [B] : 2
Exp ) 1. Incorrect- The Article 22 has two parts–the first part deals with the cases of ordinary
law. The Supreme Court ruled that the arrest and detention in the first part of Article 22 do
not cover arrest under the orders of a court, civil arrest, arrest on failure to pay the income
tax, and deportation of an alien.

2. Incorrect- The second part of Article 22 grants protection to persons who are arrested or
detained under a preventive detention law. This protection is available to both citizens as well
as aliens and includes the following: (i) The detention of a person cannot exceed three months
unless an advisory board reports sufficient cause for extended detention.

3. Correct- Article 22 (5) provides that if a person is detained under a law for preventive
detention, the authority issuing such order must promptly inform the person of the grounds of
the order. Additionally, the person should be given the earliest opportunity to make a
representation against the detention.

However, Article 22 (6) empowers the authority to not disclose facts which such = authority
considers to be against the public interest to disclose.
4. Correct- Preventive detention, the dreaded power of the State to restrain a person without
trial, could be used only to prevent public disorder, the Supreme Court held in a judgment on
recently.
“Preventive detention is a necessary evil only to prevent public disorder. The court must
ensure that the facts brought before it directly and inevitably lead to a harm, danger or alarm
or feeling of insecurity among the general public or any section thereof at large,” a Bench led
by Justice Rohinton F. Nariman observed.
https://www.thehindu.com/news/national/preventive-detention-a-necessary-evil-only-to-prevent
-public-disorder-supreme-court/article35688565.ece

Q 3) :
Ans ) [C] : 3
Exp ) 1. Incorrect- According to Article 32 (3), the Parliament can empower any other court to
issue directions, orders and writs of all kinds. However, this can be done without prejudice to
the above powers conferred on the Supreme Court. Any other court here does not include high
courts because Article 226 has already conferred these powers on the high courts.

2. Incorrect- Mandamus
It literally means ‘we command’. It is a command issued by the court to a public official asking
him to perform his official duties that he has failed or refused to perform. It can also be issued
against any public body, a corporation, an inferior court, a tribunal or government for the
same purpose.
The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce
departmental instruction that does not possess statutory force; (c) when the duty is
discretionary and not mandatory; (d) to enforce a contractual obligation; (e) against the
president of India or the state governors; and (f) against the chief justice of a high court acting
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in judicial capacity.

3. Correct- Prohibition is issued by a higher court to a lower court or tribunal to prevent the
latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.

4. Incorrect- In ADM Jabalpur vs Shivakant Shukla also known as Habeas Corpus case,
Supreme Court ruled that a person's right to not be unlawfully detained (i.e. habeas corpus)
can be suspended in the interest of the State.

Target Shots
Habeas Corpus
It is a Latin term which literally means ‘to have the body of’. It is an order
issued by the court to a person who has detained another person, to produce
the body of the latter before it. The court then examines the cause and legality
of detention. It would set the detained person free, if the detention is found to
be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary
detention.
The writ of habeas corpus can be issued against both public authorities as
well as private individuals. The writ, on the other hand, is not issued where
the (a) detention is lawful, (b) the proceeding is for contempt of a legislature
or a court, (c) detention is by a competent court, and (d) detention is outside
the jurisdiction of the court.

Mandamus
It literally means ‘we command’. It is a command issued by the court to a public official asking
him to perform his official duties that he has failed or refused to perform. It can also be issued
against any public body, a corporation, an inferior court, a tribunal or government for the
same purpose.
The writ of mandamus cannot be issued (a) against a private individual or body; (b) to enforce
departmental instruction that does not possess statutory force; (c) when the duty is
discretionary and not mandatory; (d) to enforce a contractual obligation; (e) against the
president of India or the state governors; and (f) against the chief justice of a high court acting
in judicial capacity.
Prohibition
Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to
prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not
possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity. The
writ of prohibition can be issued only against judicial and quasijudicial authorities. It is not
available against administrative authorities, legislative bodies, and private individuals or
bodies.

Certiorari
In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued by a higher court
to a lower court or tribunal either to transfer a case pending with the latter to itself or to
squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or
lack of jurisdiction or error of law. Thus, unlike prohibition, which is only preventive, certiorari
is both preventive as well as curative.

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Previously, the writ of certiorari could be issued only against judicial and quasi-judicial
authorities and not against administrative authorities. However, in 1991, the Supreme Court
ruled that the certiorari can be issued even against administrative authorities affecting rights
of individuals. Like prohibition, certiorari is also not available against legislative bodies and
private individuals or bodies.

Quo-Warranto
In the literal sense, it means ‘by what authority or warrant’. It is issued by the court to enquire
into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of
public office by a person. The writ can be issued only in case of a substantive public office of a
permanent character created by a statute or by the Constitution. It cannot be issued in cases
of ministerial office or private office. Unlike the other four writs, this can be sought by any
interested person and not necessarily by the aggrieved person.

Q 4) :
Ans ) [C] : 3
Exp ) Exp:
1. Correct- Article 31A saves five categories of laws from being challenged and invalidated on
the ground of contravention of the fundamental rights conferred by Article 14 (equality before
law and equal protection of laws) and Article 19 (protection of six rights in respect of speech,
assembly, movement, etc.). They are related to agricultural land reforms, industry and
commerce.

2. Correct: Article 31B saves the acts and regulations included in the Ninth Schedule
from being challenged and invalidated on the ground of contravention of any of the
fundamental rights. Thus, the scope of Article 31B is wider than Article 31A. Article 31B
immunises any law included in the Ninth Schedule from all the fundamental rights whether or
not the law falls under any of the five categories specified in Article 31A.

3. Correct- Article 31C, as inserted by the 25th Amendment Act of 1971, contained the
following two provisions:
No law that seeks to implement the socialistic directive principles specified in Article 39(b) or
(c) shall be void on the ground of contravention of the fundamental rights conferred by Article
14 (equality before law and equal protection of laws) or Article 19 (protection of six rights in
respect of speech, assembly, movement, etc.)
No law containing a declaration that it is for giving effect to such policy shall be questioned in
any court on the ground that it does not give effect to such a policy.

4. Incorrect- Supreme Court in I.R. Coelho case ruled that there could not be any blanket
immunity from judicial review of laws included in the Ninth Schedule.

Q 5) :
Ans ) [B] : 2
Exp ) Exp:
1. Correct- There is no theory of 'Equality of State Rights' underlying the federal scheme in our
Constitution.
Explanation: The Indian Constitution does not follow the principle of 'Equality of State Rights.'
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Unlike the U.S. where all states have equal representation in the Senate, the Indian
Constitution does not provide equal powers or representation to all states. The distribution of
powers is asymmetric, and special provisions exist for some states.

2. Correct- In our Constitution, there is no equality of representation of the states in the

Council of States.
Explanation: The Council of States (Rajya Sabha) in India does not have equal representation
from each state. The representation is based on the population of the state. Larger states have
more representatives, while smaller states have fewer.

3. Incorrect- The territory of India consists of the territories of the states, the UTs, and any
territory that may be acquired in the future. India as a Union includes the territories of the
states.
Explanation: Article 1 of the Indian Constitution defines the Territory of India as comprising
the territories of the states, the Union Territories, and any territory that may be acquired in
the future. This allows for the legal integration of new territories.

4. Incorrect- Independent Judiciary

The Constitution establishes an independent judiciary headed by the Supreme
Court for two purposes: one, to protect the supremacy of the Constitution by
exercising the power of judicial review; and two, to settle the disputes
between the Centre and the states or between the states. The Constitution
contains various measures like security of tenure to judges, fixed service
conditions and so on to make the judiciary independent of the government.
This upholds the federal characteristics of the Indian Constitution.

Q 6) :
Ans ) [B] : 2
Exp ) Exp:
1. Correct: Liberty generally refers to the freedom to act without undue restraint, allowing
individuals to pursue their interests and goals.

2. Incorrect: Liberty in the Indian Constitution is not absolute. It is subject to reasonable

restrictions in the interest of public order, morality, and the welfare of the state.

3. Correct: Article 21 of the Indian Constitution protects the right to life and personal liberty,
ensuring that no person is deprived of these rights except according to the procedure
established by law.

4. Incorrect: The statement outlines two philosophical concepts of liberty. Negative liberty is
concerned with the absence of external obstacles or constraints, allowing individuals to act as
they wish. Positive liberty, on the other hand, emphasizes the ability to act in a way that
achieves self-mastery, self-realization, and fulfillment of one's potential. This distinction is
often attributed to the philosopher Isaiah Berlin and represents a nuanced understanding of
the concept of liberty.

Q 7) :
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Ans ) [C] : 3
Exp ) Exp:
1. Correct: Article 13 of the Indian Constitution states that any law inconsistent with or in
derogation of the fundamental rights shall be void.

2. Incorrect: A constitutional amendment is considered a law under Article 13, and it can be
challenged in the Supreme Court if it violates the basic structure of the Constitution.

3. Correct: Rule by law is when the law is used as an instrument of suppression, oppression
and social control in the course of implementing a political agenda.

4. Correct: While the rule of law is declared a basic feature of the Constitution, rule by law is
the antithesis of all that is represented by rule of law. The rule of law is a government run by
law, not men. The roots of the idea of a rule of law can be seen in Article 39 of Magna Carta
(1215) that declares that “No freemen shall be taken or imprisoned or disseised or exiled or in
any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment
of his peers or by the law of the land.”

https://www.thehindu.com/news/national/bulldozing-the-law-and-the-constitution/article67191
663.ece

Q 8) :
Ans ) [D] : 4
Exp ) Exp:
1. Incorrect: The Parliament's ability to make laws is subject to certain restrictions, such as
the President's power to make regulations for specific Union Territories and the Governor's
power to direct that an act of Parliament does not apply to scheduled or tribal areas.

2. Incorrect: A state legislature's laws can be applicable outside the state if there is a sufficient
nexus between the state and the object, not necessarily requiring the President's approval.

3. Incorrect: The Parliament's 'extraterritorial legislation' applies to Indian citizens and their
property in any part of the world. It is not limited to individuals and can extend to entities like
companies, depending on the specific legislation.

4. Incorrect: The President's power to make regulations is limited to five specific Union
Territories, and such regulations may repeal or amend any act of Parliament in relation to
these territories.

Q 9) :
Ans ) [A] : 1
Exp ) Exp:
1.Incorrect: The Rajya Sabha must pass a resolution with a two-thirds majority of the members
present and voting for the Parliament to make laws on a matter in the State List.

2. Correct: The laws become inoperative on the expiration of six months after the emergency
has ceased to operate.
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3. Incorrect: Once the state legislature passes a resolution requesting the Parliament to enact
laws on a matter in the State List, the state legislature ceases to have the power to make a law
with respect to that matter. Only the Parliament can amend or repeal that law.

4. Incorrect: A law made by the Parliament during President's Rule continues to be operative
even after the President's Rule ends. It is not coterminous with the duration of the President's
Rule.

Q 10) :
Ans ) [B] : 2
Exp ) Explanation for each statement:

1. Correct: The Parliament's exclusive power to levy taxes includes the imposition of gift tax,
wealth tax, and expenditure tax, which are not specifically enumerated in the Union List but
fall under the residuary power of taxation vested in the Parliament.

2. Incorrect: The residuary power of taxation, including the power to impose taxes not
enumerated in any of the three lists, is vested exclusively in the Parliament. The state
legislature does not have this power, even with special permission from the Parliament.

3. Correct: The 101st Amendment Act of 2016 conferred concurrent power for goods and
services tax, but the residuary power of taxation, including taxes not enumerated in any list,
remains vested in the Parliament.

4. Incorrect: The Concurrent List does not contain any tax entries, and there is no provision for
shared legislative competence between the Centre and the states in matters related to the
administration of particular taxes.

Q 11) :
Ans ) [B] : 2
Exp ) Explanation for each statement:

1. Correct: Article 262 provides for the adjudication of inter-state water disputes and allows
the Parliament to exclude the jurisdiction of the Supreme Court and other courts.

2. Incorrect: The River Boards Act and the Inter-State Water Disputes Act were enacted under
Article 262, with the former providing for the establishment of river boards for regulation and
development. Inter-State Water Disputes Act provides for adjudication of inter-state water
disputes.
3. Incorrect: The decision of the tribunal under the Inter-State Water Disputes Act is final and
binding, and neither the Supreme Court nor any other court is to have jurisdiction in respect
of such a dispute.

4. Correct: need for an extra-judicial machinery is based on the experience that rules of law
based on legal rights or interests in water do not afford a satisfactory basis for settling
disputes between states where public interests are involved.

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Target Shots
INTER-STATE WATER DISPUTES
Article 262 of the Constitution provides for the adjudication of inter-state water disputes. It
makes two provisions:
(i) Parliament may by law provide for the adjudication of any dispute or complaint with respect
to the use, distribution and control of waters of any inter-state river and river valley.
(ii) Parliament may also provide that neither the Supreme Court nor any other court is to
exercise jurisdiction in respect of any such dispute or complaint.

Under this provision, the Parliament has enacted two laws [the River Boards Act (1956) and
the Inter-State Water Disputes Act (1956)]. The River Boards Act provides for the
establishment of river boards for the regulation and development of inter-state river and river
valleys. A river board is established by the Central government on the request of the state
governments concerned to advise them.

The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc
tribunal for the adjudication of a dispute between two or more states in relation to the waters
of an inter-state river or river valley. The decision of the tribunal would be final and binding on
the parties to the dispute. Neither the Supreme Court nor any other court is to have
jurisdiction in respect of any water dispute which may be referred to such a tribunal under this
Act.

The need for an extra judicial machinery to settle inter-state water disputes is as follows: “The
Supreme Court would indeed have jurisdiction to decide any dispute between states in
connection with water supplies, if legal rights or interests are concerned; but the experience
of most countries has shown that rules of law based upon the analogy of private proprietary
interests in water do not afford a satisfactory basis for settling disputes between the states
where the interests of the public at large in the proper use of water supplies are involved.”1

So far (2019), the Central government has set up nine inter-state water dispute tribunals.

Q 12) :
Ans ) [A] : 1
Exp ) Explanation for each statement:

1. Correct: The 24th Amendment affirmed the power of the Parliament to amend the
Constitution and made it mandatory for the President to give assent to such amendments.

2. Incorrect: The 61st Amendment reduced the voting age but did not change the age of
candidacy.

3. Incorrect: The 74th Amendment provided for Municipalities and Wards Committees but
exempted Scheduled and tribal areas.

4. Incorrect: The 97th Constitution Amendment Act of 2011 introduced provisions related to
cooperatives, including the formation of a State Co-operative Election Authority, but it
mandated that the maximum number of directors of a co-operative society shall not exceed 21

Page 10
not 25.

Q 13) :
Ans ) [C] : 3
Exp ) Explanation for each statement:

1. Incorrect: Notices of amendments to the Motion of Thanks can be tabled after the President
has delivered his Address.
Explanation: The Motion of Thanks is a formal motion presented by a Member of Parliament
thanking the President for his Address. Members can table amendments to this motion after
the President's Address has been delivered. These amendments can be in the form of
additions, modifications, or omissions.

2. Incorrect: Amendments to the Motion of Thanks may refer to matters contained in the
Address as well as to matters that, in the opinion of the member, the Address has failed to
mention.
Explanation: The amendments to the Motion of Thanks are not restricted to the content of the
President's Address. They can also include matters that a member believes should have been
mentioned in the Address but were omitted. This allows members to express dissatisfaction or
disagreement with the content or omissions in the President's Address.

3. Incorrect: The Motion of Thanks must be passed in both the Lok Sabha and the Rajya Sabha,
and the failure to do so has significant consequences for the government.
Explanation: The Motion of Thanks is a critical motion in the Indian Parliament. It must be
passed in both houses, and failure to do so is considered a serious matter. If the motion is not
passed, it amounts to a defeat of the government and can lead to the collapse of the
government. In essence, the Motion of Thanks is deemed to be a no-confidence motion,
reflecting the Parliament's lack of confidence in the government.

4. Correct: The Speaker in the Lok Sabha and the Chairman in the Rajya Sabha have the
authority to consider the appropriate form of amendments to the Motion of Thanks.
Explanation: The Speaker of the Lok Sabha and the Chairman of the Rajya Sabha have the
authority to decide on the appropriate form of amendments to the Motion of Thanks. They can
determine whether the proposed amendments are in line with the rules and procedures of the
respective houses. Their decision ensures that the amendments are consistent with
parliamentary practice and decorum.

Q 14) :
Ans ) [B] : 2
Exp ) 1. Correct: The first Law Commission was established in 1834 under the Charter Act of
1833, marking the beginning of legal reform in British India.
Explanation: The Charter Act of 1833 centralized the legislative powers in the Governor-
General, and the first Law Commission was established in 1834 under the chairmanship of
Lord Macaulay. The commission's primary task was to reform the legal system, and it played a
crucial role in codifying the laws applicable in British India. The Indian Penal Code, which
came into effect in 1862, was one of the significant outcomes of this commission.

Page 11
2. Correct: The second Law Commission, constituted in 1853, focused on the adaptation of
Hindu and Muslim personal laws to the British legal system, while the third and fourth Law
Commissions, in 1861 and 1879 respectively, emphasized the codification of civil and criminal
procedural laws.
Explanation: The second Law Commission, under the chairmanship of Sir John Romilly, worked
on personal laws, including Hindu and Muslim laws, to align them with British legal principles.
The third Law Commission, established in 1861, focused on procedural laws, leading to the
enactment of the Code of Civil Procedure in 1859 and the Indian Evidence Act in 1872. The
fourth Law Commission, constituted in 1879, continued the work on procedural laws, including
the Criminal Procedure Code. These commissions played a vital role in shaping the legal
landscape of British India, ensuring that laws were codified and adapted to local conditions.

3. Incorrect: The First Law Commission of Independent India was established in 1955, and it
was chaired by the then Attorney-General of India, Mr. M. C. Setalvad.
Explanation: After India gained independence, there was a need to review and reform the legal
system to align it with the values of the new republic. The First Law Commission of
Independent India was established in 1955, and it was chaired by Mr. M. C. Setalvad, who was
the Attorney-General of India at the time, not the Chief Justice. The commission's work set the
stage for ongoing legal reform in independent India.

4. Incorrect: The Law Commissions have been instrumental in recommending legal reforms,
but their recommendations are legally binding on the government.
Explanation: The Law Commissions in India have played a vital role in reviewing existing laws
and recommending reforms to ensure that the legal system remains just, effective, and
responsive to societal changes. However, their recommendations are not legally binding on the
government. They are advisory in nature, and it is up to the government and the Parliament to
decide whether to accept and implement the recommendations. The commissions' work often
leads to significant legislative changes, but there is no legal obligation for the government to
follow their advice.

Q 15) :
Ans ) [B] : 2
Exp ) Explanation for each statement:

1. Correct: The e-Courts Project was indeed conceptualized under the National e-Governance
Plan and initiated in 2007. Phase I focused on ICT enablement of the District Courts, and
Phase II extended the project's scope to include the High Courts.

2. Incorrect: The Chief Justice of India (CJI) made a proposal to the Central Government under
the letter dated 05.07.2004 addressed to the Minister of Law and Justice for constitution of an
E-Committee to assist him in formulating a National Policy on computerization of Indian
Judiciary and advise technological, communication and management related changes.
Appreciating the desirability of constitution of such a Committee, the Union Cabinet approved
the proposal. Consequently, office order dated 28.12.2004 was issued by the Ministry of Law
and Justice (Department of Justice) constituting the E-Committee under the Chairmanship of
Dr. Justice G.C. Bharuka, a retired Judge of the High Court of Karnataka, with three other
specialist members.

Page 12
3. Correct: The e-Courts Project is a Pan-India initiative, funded by the Department of Justice,
Ministry of Law and Justice, Government of India. The implementation is monitored by the e-
Committee of the Supreme Court, ensuring alignment with the project's objectives.

4. Incorrect: While the e-Courts Project does aim to enable electronic filing, virtual
proceedings, and online tracking, there is no specific mention of integrating Alternative
Dispute Resolution (ADR) mechanisms within the digital platform as part of the project's core
objectives.

Q 16) :
Ans ) [C] : 3
Exp ) Explanation for each statement:

1. Correct: The rule of law is a foundational principle that ensures that all individuals,
including government officials, are governed by the law. It allows the judiciary to check the
executive if they exceed their jurisdiction.

2. Correct: Article 105 and Article 194 provide certain privileges and immunities to Members
of Parliament and State Legislatures. These provisions are seen as exceptions to the general
rule of law.

3. Correct: The rule of law implies that all individuals are equal before the law, a fundamental
principle that ensures fairness and justice.

4. Incorrect: While the concept of the rule of law is fundamental to the Indian legal system, it
is not explicitly mentioned in the Indian Constitution. Its principles are implicit in various
provisions and the overall structure of the Constitution.

Q 17) :
Ans ) [C] : 3
Exp ) Explanation for each statement:

1. Correct: Federalism involves different levels of government, each with its own jurisdiction.

2. Correct: The constitutional guarantee of each tier's existence and authority is a key feature
of federalism.

3. Correct: The financial relationship between different levels of government in India is guided
by the Finance Commission as per Article 280 of the constitution. The Finance Commission
recommendations ensure fiscal federalism.

4. Incorrect: Off-Budget borrowings mean all borrowings not provided for in the Budget but
whose repayment liabilities fall on the Budget. They are generally unscrutinised and
unreported. That all income and expenditure transactions should fall under some Budget head
or other is a universal principle. State public sector undertakings and special purpose vehicles
raise resources from the markets, but their servicing burden often falls on the State
government. In cases where the government is the ultimate guarantor, the burden of repaying
Page 13
the debt also falls on the State.

https://www.thehindu.com/opinion/lead/rethink-the-emerging-dynamics-of-indias-fiscal-federali
sm/article67235948.ece

Q 18) :
Ans ) [B] : 2
Exp ) Explanation for each statement:

1. Correct: Article 358 specifically deals with the suspension of Fundamental Rights under
Article 19 during an External Emergency. In contrast, Article 359 allows the President to
suspend the enforcement of various Fundamental Rights (except Articles 20 and 21) as
specified in a Presidential Order during an Emergency.

2. Incorrect: Article 358 operates only during an External Emergency, i.e., when the
Emergency is declared on the grounds of war or external aggression. Article 359, on the other
hand, can operate during both External and Internal Emergency (armed rebellion).

3. Incorrect: Article 358 suspends Fundamental Rights under Article 19 for the entire duration
of an External Emergency, not for a period specified by the president. Article 359 suspends the
enforcement of Fundamental Rights for a period specified by the president which may either
be the entire duration of Emergency or a shorter period.

4. Correct: Article 358 applies uniformly across the entire country, suspending Article 19
completely during an External Emergency. Article 359, however, may be applied selectively,
either to the entire country or to specific parts, depending on the nature and scope of the
Emergency and the Presidential Order

Q 19) :
Ans ) [B] : 2
Exp ) Explanation : Statement 1 and 2 are wrong, statements 3 and 4 are correct.

Target Shots

Equality before Law: While equality before the law is a fundamental right, it is not directly
related to the right to protest. The right to protest is primarily linked to the rights that
facilitate peaceful assembly, expression, and dissent.

Freedom of Resistance: The term "Freedom of Resistance" is not a standard term associated
with fundamental rights. It might refer to the freedom to resist or oppose actions, but it's not
commonly recognized as a specific fundamental right in the context of protests.

Freedom to assemble peacefully: This is a key component of the right to protest. The
Constitution of India guarantees the right to assemble peacefully and without arms under
Article 19(1)(b).

Freedom of speech and expression: This is another crucial component of the right to protest.
Page 14
The right to express one's opinions, views, and grievances is protected under Article 19(1)(a)
of the Constitution.

Q 20) :
Ans ) [C] : 3
Exp ) Explanation: 1. Agriculture, 2. Implementation of Land Reforms, 3. Primary & Secondary
School Education, 4. Public Distribution System are there in the 11th Schedule.

5. Marriage and Divorce is under the concurrent list of seventh schedule, while Public health,
sanitation conservancy and solid waste management is in the 12th Schedule of the Indian
constitution

Public health and sanitation is also there under the State List of the seventh schedule of the
constitution.

Target Shots

[ELEVENTH SCHEDULE (Article 243G):

1.Agriculture, including agricultural extension. 2.Land improvement, implementation of land
reforms, land consolidation and soil conservation. 3.Minor irrigation, water management and
watershed development. 4.Animal husbandry, dairying and poultry. 5.Fisheries. 6.Social
forestry and farm forestry. 7.Minor forest produce. 8.Small scale industries, including food
processing industries. 9.Khadi, village and cottage industries. 10.Rural housing. 11.Drinking
water. 12.Fuel and fodder. 13.Roads, culverts, bridges, ferries, waterways and other means of
communication. 14.Rural electrification, including distribution of electricity. 15.Non-
conventional energy sources. 16.Poverty alleviation programme. 17.Education, including
primary and secondary schools. 18.Technical training and vocational education. 19.Adult and
non-formal education. 20.Libraries. 21.Cultural activities.22.Markets and fairs. 23.Health and
sanitation, including hospitals, primary health centres and dispensaries. 24.Family welfare.
25.Women and child development. 26.Social welfare, including welfare of the handicapped and
mentally retarded. 27.Welfare of the weaker sections, and in particular, of the Scheduled
Castes and the Scheduled Tribes. 28.Public distribution system. 29.Maintenance of community
assets.]

Q 21) :
Ans ) [A] : 1
Exp ) Explanation

1. Incorrect: Article 356 empowers the President to issue a proclamation if he is satisfied that
the government of a state cannot be carried on in accordance with the Constitution. This can
be based on a report from the governor of the state or otherwise, meaning the President can
act without the governor's report. Article 365 deals with the failure of states to comply with
the Centre's directions, allowing the President to act in such situations. The statement is
incorrect as it implies that the governor's report is a mandatory requirement.

2. Correct: The 44th Amendment Act of 1978 introduced a provision that President's Rule can
be extended beyond one year only if two conditions are fulfilled: a proclamation of National
Page 15
Emergency must be in operation in the whole of India or in the whole or any part of the state,
and the Election Commission must certify that general elections to the legislative assembly of
the concerned state cannot be held on account of difficulties. This ensures that the extension
of President's Rule is not done arbitrarily and is subject to specific conditions.

3. Incorrect: During President's Rule, the President assumes the functions of the state
government and may declare that the powers of the state legislature are to be exercised by the
Parliament. However, the President cannot assume the powers vested in the concerned state
high court or suspend the provisions of the Constitution relating to it. The constitutional
position, status, powers, and functions of the state high court remain the same even during
President's Rule.

4. Incorrect: A law made by the Parliament, President, or any other specified authority during
President's Rule continues to be operative even after the cessation of the President's Rule.
This means that such a law remains in force and is not coterminous with the duration of the
proclamation. The state legislature can repeal, alter, or re-enact such a law. This ensures
continuity and stability in governance and legal matters even after the President's Rule ends.

Q 22) :
Ans ) [B] : 2
Exp ) Explanation:

1. Correct: National Panchayati Raj Day is celebrated on April 24th every year in India,
marking the passing of the 73rd Constitutional Amendment Act.

2. Correct: Civil Services Day is celebrated on April 21st every year in India, in honor of
Sardar Vallabhbhai Patel's address to the probationers of Administrative Services Officers.

3. Incorrect: National Science Day is celebrated on February 28th every year, not January
30th, to commemorate the discovery of the Raman Effect by Indian physicist Sir C.V. Raman.

4. Incorrect: The National Maritime Day is observed on April 5th to honor the sailing of the
first Indian vessel "SS Loyalty" from Bombay to London on this day in 1919. The statement is
incorrect as it does not mention the specific event that is commemorated.

Q 23) :
Ans ) [B] : 2
Exp ) Exp: Statement 1 and 3 are correct and 2 is incorrect.
It introduced, for the first time, bicameralism and direct elections in the country. Thus, the
Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper
House (Council of State) and a Lower House (Legislative Assembly).
It relaxed the central control over the provinces by demarcating and separating the central
and provincial subjects.
It separated, for the first time, provincial budgets from the Central budget and authorized the
provincial legislatures to enact their budgets

Target Shots
Page 16
Government of India Act, 1919
Background:
In 1918, Edwin Montagu, the Secretary of State, and Lord Chelmsford, the Viceroy, produced
their scheme of constitutional reforms, known as the Montagu-Chelmsford (or Mont-Ford)
Reforms, which led to the enactment of the Government of India Act of 1919.
Montagu-Chelmsford Reforms which came into force in 1921.
The sole purpose of this Act was to ensure Indians of their representation in the Government.
The Act introduced reforms at the Central as well as Provincial levels of Government.

Salient Features of the Act:

Central Level Government:
Subjects:
The matters, which were of National importance or related to more than one province were
governed at the central level, such as:
Foreign Affairs, Defence, Political Relations, Communication, Public Debt, Civil and Criminal
Laws, Wire services etc.
The Central Legislature was made more powerful and more representative by this Act.

Executive:
The Act made the Governor-General the chief executive authority.
There had to be the Executive Council of the Viceroy of eight members, out of which three
were to be Indians.
The governor-general could restore cuts in grants, certify bills rejected by the central
L egislature and issue ordinances.

Reforms in Legislature:
Bicameral Legislature: The Act introduced bicameral legislature; the Lower House or Central
Legislative Assembly and the Upper House or Council of State.
The legislators, under the new reforms, could now ask questions and supplementaries, pass
adjournment motions and vote a part of the budget, but 75% of the budget was still not
votable.
The legislature had virtually no control over the Governor-General and his Executive Council.
Composition of Lower House: The Lower House would consist of 145 members, who were
either nominated or indirectly elected from the provinces. It had a tenure of 3 years.
41 nominated (26 official and 15 non-official members)
104 elected (52 General, 30 Muslims, 2 Sikhs, 20 Special).
- Composition Upper House: The Upper House would have 60 members. It had a tenure of 5
years and had only male members.
- 26 nominated
- 34 elected (20 General, 10 Muslims, 3 Europeans and 1 Sikh).
- Powers of Viceroy:
- The Legislature was addressed by the Viceroy.
- He could call for the meetings, or adjourn the meetings or even repeal the Legislature.
- The tenure of the Legislature was 3 years, which could be extended by the Viceroy, as he saw
fit.

Powers of Central Legislature:

Page 17
- The central government enjoyed unrestricted control over the provincial governments.
- The Central Legislature was authorised to make laws for all of India, for all Officers and
common people, whether they were in India or not.
- Restrictions on Central Legislature:
- Certain restrictions were imposed on the legislature:
- It was necessary to get the permission of the Governor General to introduce a bill, such as
amendment of existing law or amendment of ordinance of Governor General, foreign relations
and relations with Indian states, armed forces.
- The legislature of India could not change or reverse any law passed by the British Parliament
in relation to India.

Provincial Level Government:

- Subjects:
- It included the matters which were related to a specific Province such as:
- Public Health, Local Self-government, Education, General administration, Medical facilities,
Land-revenue, Water supply, Famine relief, Law and Order, Agriculture etc.
- Introduction to Diarchy:
- The Act introduced diarchy (rule of two individuals/parties) for the executive at the level of
the provincial government.
- The diarchy was implemented in eight provinces:
- Assam, Bengal, Bihar and Orissa, Central Provinces, United Provinces, Bombay, Madras and
Punjab.
- The provincial governments were given more powers under the system of Dyarchy.
- The governor was to be the executive head in the province.
- Division of Subjects:
- Subjects were divided into two lists: 'reserved' and 'transferred'.
- The reserved list, under which the subjects were to be administered by the governor through
his executive council of bureaucrats.
- It included subjects such as law and order, finance, land revenue, irrigation etc.
- All important subjects were kept in the reserved subjects of the Provincial Executive.
- The transferred subjects were to be administered by ministers nominated from among the
elected members of the legislative council.
- It included subjects such as education, health, local government, industry, agriculture,
excise, etc.
- In case of failure of constitutional machinery in the province the governor could take over the
administration of transferred subjects also.
- Restriction in Interference:
- The Secretary Of State for India and the Governor General could interfere in respect of
reserved subjects while in respect of the transferred subjects, the scope for their interference
was restricted.

Reforms in Legislature:
- Provincial legislative councils were further expanded and 70% of the members were to be
elected.
- The system of communal and class electorates was further consolidated.
- Women were also given the right to vote.
- The legislative councils could reject the budget but the governor could restore it, if

Page 18
necessary.
- The legislators enjoyed freedom of speech.
- Powers of the Governor:
- The Governor could overrule the ministers on any grounds that he considered special. Also,
he retained complete control over the finances.
- The legislative councils could initiate legislation but the governor's assent was required.
- The governor could veto bills and issue ordinances.
Significance of the Act
- Awakening Among Indians: Indians received secret information about administration and
became aware of their duties.
- This instilled a sense of nationalism and awakening among Indians and they moved towards
achieving the goal of Swaraj.
- Expansion of Voting Rights: Election areas expanded in India and people began to
understand the importance of voting.
- Self Government in Provinces: The Act led to the existence of provincial self-government in
India.
- The Act gave the people the power to administer and administrative pressure from the
government was greatly reduced.
- It prepared Indians to discharge responsibilities in the provincial administration.
Drawbacks of the Act
- Irresponsible Central Government: No responsible government was envisaged in the Act at
the all-India level.
- Spread of Communalism: The flawed electoral system and limited franchise failed to gain
popularity. It promoted a sense of communalism in a separate electoral system.
- Limited Extension of Electorates: The electorate was extended to some one-and-a-half million
for the central legislature, while the population of India was around 260 million, as per one
estimate.
- Lack of Administrative Control: At the centre, the legislature had no control over the viceroy
and his executive council.
- The provincial ministers had no control over finances and over the bureaucrats; this would
lead to constant friction between the two.
- Ministers were often not consulted on important matters too and could be overruled by the
governor on any matter that the latter considered special.
- The Governor enjoyed unrestricted powers, he could also take a decision against the decision
of his council and ministers.
- Almost all important matters related to administration depended on the governor.
- Inappropriate Division of Subjects: Division of subjects was not satisfactory at the centre.
- The central legislature was given very little power and no control over finances.
- At the level of provinces, division of subjects and parallel administration of two parts was
irrational and, hence, unworkable.
- Subjects like irrigation, finance, police, press and justice were 'reserved'.
Outcomes of the Act
- Public Reaction: The Congress met in a special session in August 1918 at Bombay under
Hasan Imam's presidency and declared the reforms to be “disappointing” and “unsatisfactory”
and demanded effective self-government instead.
- The Montford reforms were termed “unworthy and disappointing - a sunless dawn” by Bal
Gangadhar Tilak.

Page 19
- Annie Besant found the reforms “unworthy of England to offer and India to accept”.
- Veteran Congress leaders led by Surendranath Banerjea were in favour of accepting the
government proposals.
- Encouraged the Struggle for Power: The Act encouraged the struggle for power in both
Indians and the British.
- As a result a large number of communal riots took place which continued to increase from
1922 to 1927.
- The Swaraj Party was founded in 1923 and won a substantial number of seats in the
elections, except Madras.
- Whereas in Bombay and Central Provinces were successful in blocking the majority of other
supplies with the salaries of ministers.
- Thus the governors of both the provinces were forced to abolish the diarchy regime and took
the transferred subjects under their control.
- Enactment of the Rowlatt Act: While trying to appease Indians, the Government of India was
ready with repression.
- Throughout the war, repression of nationalists had continued. The terrorists and
revolutionaries had been hunted down, hanged and imprisoned.
- Many other nationalists such as Maulana Abul Kalam Azad had also been kept behind bars.
- The government now decided to arm itself with more far-reaching powers, which went
against the accepted principles of rule of law, to be able to suppress those nationalists who
would refuse to be satisfied with the official reforms.
- In March 1919 it passed the Rowlatt Act even though every single Indian member of the
Central Legislative Council opposed it.
- This Act authorized the government to imprison any person without trial and conviction in a
court of law.
- The Act enabled the government to suspend the right of Habeas Corpus which had been the
foundation of civil liberties in Britain..

Q 24) :
Ans ) [A] : 1
Exp ) 1. Incorrect: The Delimitation Commission is appointed by the President of India, not the
Prime Minister. It works in collaboration with the Election Commission of India.

2. Incorrect: The last delimitation exercise that changed the state-wise composition of the Lok
Sabha was completed in 1976, based on the 1971 census, not in 1996.

3. Correct: The 87th Amendment Act of 2003 provided for the delimitation of constituencies on
the basis of the 2001 census, not the 1991 census. This was done without altering the number
of seats allotted to each state in the Lok Sabha.

4. Incorrect: The Delimitation Commission in India is a high-power body whose orders have
the force of law and cannot be called into question before any court. Therefore, its decisions
cannot be challenged in court.

Target Shots

Delimitation:

Page 20
Delimitation literally means the act or process of fixing limits or boundaries of territorial
constituencies in a country or a province having a legislative body. The job of delimitation is
assigned to a high power body. Such a body is known as Delimitation Commission or a
Boundary Commission. In India, such Delimitation Commissions have been constituted 4 times
– in 1952 under the Delimitation Commission Act, 1952, in 1963 under Delimitation
Commission Act, 1962, in 1973 under Delimitation Act, 1972 and in 2002 under Delimitation
Act, 2002. 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. The copies of its orders are
laid before the House of the People and the State Legislative Assembly concerned, but no
modifications are permissible therein by them.
https://indianexpress.com/article/explained/explained-politics/assam-delimitation-draft-what-ch
anges-it-proposes-why-it-has-led-to-protests-8687267

https://www.thehindu.com/news/national/other-states/explained-assams-delimitation-test/articl
e67023284.ece

https://www.thehindu.com/news/national/what-is-the-new-delimitation-exercise-by-assam/articl
e66331551.ece

Q 25) :
Ans ) [B] : 2
Exp ) Explanation:

1. Correct: Upon implementation, Section 43A of the Information Technology Act and its
corresponding rules, including the SPDI Rules, will be omitted, as stated in the DPDP Act.
( Section 43A- A body corporate negligently fails to implement and maintain reasonable
security practices and procedures while handling sensitive personal data on a computer
resource that it owns, controls, or operates, and
As a result, causes a wrongful loss/wrongful gain to any person,
then such body corporate will be liable to pay damages by way of compensation to all the
individuals affected as a result of such failure.
2. Incorrect: The DPDP Act mandates Data Fiduciaries to provide consent mechanisms in
English as well as other official languages in India, not just English.

3. Incorrect: The DPDP Act allows the Central Government to classify certain data fiduciaries
as 'significant data fiduciaries' based on factors such as data volume, sensitivity, etc. Non-
compliance with additional obligations can result in substantial penalties, extending up to INR
250 crore.

4. Correct: The DPDP Act applies to Data Fiduciaries and Data Processors processing digital
personal data both within and outside India, subject to certain exemptions like processing for
personal or domestic purposes.

https://indianexpress.com/article/explained/explained-sci-tech/digital-personal-data-protection-
bill-2023-provisions-and-criticism-explained-8876018/

Page 21
https://www.thehindu.com/news/national/data-bill-passes-in-lok-sabha-govt-shrugs-off-exempti
ons/article67167943.ece

Q 26) :
Ans ) [B] : 2
Exp ) Explanation:

The case of Additional District Magistrate of Jabalpur v. Shiv Kant Shukla, also known as the
ADM Jabalpur case, is one of the most significant cases in Indian legal history that dealt with
the writ of Habeas Corpus.

Habeas Corpus is a legal action that requires a person under arrest to be brought before a
judge or into court. The writ ensures that a person is not held in custody unlawfully.

In the ADM Jabalpur case, the question before the Supreme Court was whether the President's
order under Article 359(1) of the Indian Constitution suspended the right of every person to
move any court for the enforcement of the right to personal liberty under Article 21, during
the proclamation of Emergency in 1975.

The majority judgment of the Supreme Court held that during the Emergency, a person's right
to not be unlawfully detained (i.e., the right to Habeas Corpus) could be suspended. This
judgment was widely criticized for curtailing fundamental rights, and the decision was later
overruled.

https://www.thehindu.com/news/international/us-court-denies-writ-of-habeas-corpus-filed-by-m
umbai-terror-attacks-accused-tahawwur-rana/article67207197.ece

https://indianexpress.com/article/cities/chandigarh/amritpal-singh-aides-families-habeas-corpu
s-petitions-8515672/

Q 27) :
Ans ) [C] : 3
Exp ) Exp.:

Statement 1 is correct: It empowered States to ‘make any special provision for the
advancement of any socially and educationally backward classes of citizens or for the
Scheduled Castes and the Scheduled Tribes’.

Statement 2 is incorrect: Post the Amendment, the state is prevented from enacting laws
curbing citizens’ rights to freedom of expression and to practise any trade, occupation or
business.

Statement 3 and 4 are correct: It also prevents States from making laws permitting them to
acquire any citizen’s estate. The amendment also added a ninth schedule to the Constitution,
listing a number of State laws which cannot be challenged in courts.

Target Shots
Page 22
First Amendment
Passed under India’s first Prime Minster Jawaharlal Nehru in 1951, the first amendment to the
Constitution altered articles 15, 15 (3), 46, 341, 342, 372 and 376, empowering States to
‘make any special provision for the advancement of any socially and educationally backward
classes of citizens or for the Scheduled Castes and the Scheduled Tribes’.

Post the Amendment, the state is prevented from enacting laws curbing citizens’ rights to
freedom of expression and to practise any trade, occupation or business. It also prevents
States from making laws permitting them to acquire any citizen’s estate. The amendment also
added a ninth schedule to the Constitution, listing a number of State laws which cannot be
challenged in courts.
But, the amendment also introduced three new exceptions to the right to free speech. Now,
citizens did not have the right to speak freely if their words imperilled “public order”, incited
the commission of an offence, or affected “friendly relations with foreign States”.

Other changes brought in by this amendment are - empowering the President/Governor to

summon or prorogue each House for a session in an interval of less than six months,
disallowing judges who are not Indian citizens from being appointed as Chief Justices of any
High Court or judges of any other court and disallowing the President from modifying any law
within three years from the commencement of the Constitution.

https://www.thehindu.com/news/national/india-at-75-major-constitutional-amendments-by-parli
ament-since-independence/article65765856.ece

Q 28) :
Ans ) [C] : 3
Exp ) Statement 1 is correct: Section 8(3) of the Representation of People Act states that a
person convicted and sentenced to imprisonment for not less than two years shall be
disqualified from the date of conviction.

Explanation: Section 8(3) of the Representation of People Act 1951 deals with the
disqualification of persons convicted and sentenced to two years or more of imprisonment. The
section stipulates that such a person shall be disqualified from the date of conviction. It does
not specify instant disqualification, but rather that the disqualification takes effect from the
date of conviction.

Statement 2 is correct: The Supreme Court's judgment in Lily Thomas vs Union of India (2013)
struck down Section 8(4) of the Act, leading to instant disqualification without a three-month
appeal period.

Explanation: In the Lily Thomas vs Union of India case, the Supreme Court invalidated Section
8(4) of the Representation of People Act 1951. This section had previously allowed a three-
month period within which a convicted legislator could appeal, and disqualification would not
take effect during this period. By striking down this provision, the Court made disqualification
instant upon conviction and sentencing, without the three-month grace period.

Statement 3 is correct:The President of India has the authority to declare a sitting legislator

Page 23
disqualified under Article 103.

Explanation: Article 103 of the Indian Constitution empowers the President to decide
questions related to the disqualification of Members of Parliament. Although the Supreme
Court did not accept this proposition in Lily Thomas, in another case (Consumer Education &
Research vs Union Of India & Ors, 2009), a three-judge Bench held that a declaration by the
President under Article 103 that the sitting member has incurred disqualification is necessary.
This establishes the President's authority in declaring a sitting legislator disqualified.
Statement 4 is incorrect:The judgment in Lily Thomas has led to a significant reduction in the
criminal proclivity of politicians.

Explanation: The judgment in Lily Thomas vs Union of India (2013) aimed to reduce criminality
in politics by making disqualification instant upon conviction. However, the judgment has not
necessarily resulted in a perceptible qualitative change in the criminal behavior of politicians.
Some politicians may still manage to get a conviction stayed quickly, thus avoiding
disqualification, while others may face delays and challenges. The text provided does not
support the claim that there has been a significant reduction in the criminal proclivity of
politicians as a direct result of this judgment.

https://www.thehindu.com/opinion/lead/a-strong-case-to-restore-section-84-of-the-rp-act/article
67224103.ece

https://indianexpress.com/article/explained/explained-law/laws-rahul-gandhi-disqualified-8516
937/’

Q 29) :
Ans ) [B] : 2
Exp ) Statement 1 is incorrect: Charter act 1833 ended the activities of the company as a
commercial body,which became a purely administrative body.It provided that company’s
territories in India were held by it ‘in trust of his majesty,his heirs and successors.

Statement 2 is incorrect: Charter act 1853 for the first time introduced local representation in
Indian legislative council.of the 6 new legislative members of the Governor-General
Council,four members were appointed by the local(provincial) governments of
Madras,Bombay,Benagl and Agra.

Statement 3 is correct:The viceroy during Indian council Act 1892 was lansdown and the
secretary of state was john Wodehouse.

Statement 4 is correct: Indian Council Act of 1909 also known as Morley Minto Reform
enlarged the deliberative functions of the legislative councils at both levels.for
example,members were allowed to ask supplementary questions,move resolutions on the
budgets.

Target Shots

Charter Act of 1833

Page 24
This Act was the final step towards centralisation in British India.
The features of this Act were as follows:
1. It made the Governor-General of Bengal as the Governor-General of
India and vested in him all civil and military powers. Thus, the act
created, for the first time, Government of India having authority over
the entire territorial area possessed by the British in India. Lord
William Bentick was the first Governor-General of India.
2. It deprived the Governor of Bombay and Madras of their legislative
powers. The Governor-General of India was given exclusive legislative
powers for the entire British India. The laws made under the previous
acts were called as Regulations, while laws made under this act were
called as Acts.
3. It ended the activities of the East India Company as a commercial
body, which became a purely administrative body. It provided that the
Company’s territories in India were held by it ‘in trust for His Majesty,
His heirs and successors’.
4. The Charter Act of 1833 attempted to introduce a system of open
competition for selection of civil servants and stated that the Indians
should not be debarred from holding any place, office and employment
under the Company. However, this provision was negated after
opposition from the Court of Directors.
Charter Act of 1853
This was the last of the series of Charter Acts passed by the British
Parliament between 1793 and 1853. It was a significant constitutional
landmark.
The features of this Act were as follows:
1. It separated, for the first time, the legislative and executive functions of
the Governor-General’s council. It provided for addition of six new
members called legislative councillors to the council. In other words, it
established a separate Governor-General’s legislative council which
came to be known as the Indian (Central) Legislative Council. This
legislative wing of the council functioned as a mini-Parliament,
adopting the same procedures as the British Parliament. Thus,
legislation, for the first time, was treated as a special function of the
government, requiring special machinery and special process.
2. It introduced an open competition system of selection and recruitment
of civil servants. The covenanted civil service3 was, thus, thrown open
to the Indians also. Accordingly, the Macaulay Committee (the
Committee on the Indian Civil Service) was appointed in 1854.
3. It extended the Company’s rule and allowed it to retain the possession
of Indian territories on trust for the British Crown. But, it did not
specify any particular period, unlike the previous Charters. This was a
clear indication that the Company’s rule could be terminated at any
time the Parliament liked.
4. It introduced, for the first time, local representation in the Indian
(Central) Legislative Council. Of the six new legislative members of
the GovernorGeneral’s council, four members were appointed by the

Page 25
local (provincial) governments of Madras, Bombay, Bengal and Agra.

Indian Councils Act of 1892

The features of this Act were as follows:
1. It increased the number of additional (non-official) members in the
Central and provincial legislative councils, but maintained the official
majority in them.
2. It increased the functions of legislative councils and gave them the
power of discussing the budget5 and addressing questions to the
executive.
3. It provided for the nomination of some non-official members of the (a)
Central Legislative Council by the viceroy on the recommendation of
the provincial legislative councils and the Bengal Chamber of
Commerce, and (b) that of the provincial legislative councils by the
Governors on the recommendation of the district boards,
municipalities, universities, trade associations, zamin-dars and
chambers.
‘The act made a limited and indirect provision for the use of election in
filling up some of the non-official seats both in the Central and provincial
legislative councils. The word “election” was, however, not used in the Act.
The process was described as nomination made on the recommendation of
certain bodies6 .’

Indian Councils Act of 1909

This Act is also known as Morley-Minto Reforms (Lord Morley was the then
Secretary of State for India and Lord Minto was the then Viceroy of India).
The features of this Act were as follows:
1. It considerably increased the size of the legislative councils, both
Central and provincial. The number of members in the Central
legislative council was raised from 16 to 60. The number of members
in the provincial legislative councils was not uniform.
2. It retained official majority in the Central legislative council, but
allowed the provincial legislative councils to have non-official
majority.
3. It enlarged the deliberative functions of the legislative councils at both
the levels. For example, members were allowed to ask supplementary
questions, move resolutions on the budget and so on.
4. It provided (for the first time) for the association of Indians with the
executive councils of the Viceroy and Governors. Satyendra Prasad
Sinha became the first Indian to join the Viceroy’s executive council.
He was appointed as the Law Member.
5. It introduced a system of communal representation for Muslims by
accepting the concept of ‘separate electorate’. Under this, the Muslim
members were to be elected only by Muslim voters. Thus, the Act
‘legalised communalism’ and Lord Minto came to be known as the
Father of Communal Electorate.
6. It also provided for the separate representation of presidency

Page 26
corporations, chambers of commerce, universities and zamindars.

Q 30) :
Ans ) [D] : 4
Exp ) Target Shots
Indian National congress called 1935 act as “slave constitution that attempts to strengthen
and perpetuate the economic bondage of India”.
The Act of 1935 was condemned by nearly all sections of Indian opinion and was unanimously
rejected by the Congress as it did not even make a mention of Dominion status. The Indian
National Congress demanded instead, the convening of a constituent assembly elected on the
basis of adult franchise to frame a constitution for an independent India.
However, the Congress encouraged its members to fight in the elections under the Act, obtain
positions in the provincial legislatures, and then work towards undermining the Act. Even
Honorable Jawaharlal Nehru said that the act for Indians seems like-” Driving a car with all
breaks but with no engine”.

Q 31) :
Ans ) [C] : 3
Exp ) Exp:
1. Correct: It is established under Press Council Of India act 1978

2. Incorrect: It consistes of chairman who has by convention been a retired SC judge and 28
members.Retired SC judge Ranjana Prakash Desai became FIRST WOMEN chairperson of PCI.

3. Correct: chairman is selected by LS speaker,RS chairman and a member elected by the PCI.

4. Correct: It also consists of 5 members from parliament ,3 nominated by LS Speaker and 2

nominated by Chairman of RS.

Target Shots
The Press Council of India is a statutory quasi-judicial autonomous authority reestablished in
the year 1979 under an Act of Parliament, Press Council Act, 1978 with the two fold objects of
preserving the freedom of the press by maintaining and improving the standards of
newspapers and the news agencies in India. It was first set up in 1966 under the Indian Press
Council Act, 1965, on the recommendations of the first Press Commission with the identical
twin objects. The 1965 Act was, however, repealed in 1975 and the Press Council was
abolished during emergency. Thereafter, a new Act was enacted on the similar lines as the Act
of 1965 and the Press Council was re-established under it in the year 1979.

The Council is a body corporate having perpetual succession comprising of a Chairman and 28
members. While the Chairman has, by convention, been a retired judge of the Supreme Court
of India who is nominated by a Committee consisting of a Chairman of the Council of States
(Rajya Sabha), Speaker of the House of People (Lok Sabha) and a person elected amongst
themselves by the 28 members of the Council. Of the twenty eight (28) members, thirteen (13)
represent the working journalists, of whom, six (6) are to be editors of newspapers and
remaining seven (7) are to be working journalists other than editors. Six (6) members are from
among persons who own or carry on the business of the management of the newspapers, two
Page 27
(2) each representing the big, medium and small newspapers. One (1) is from among persons
who manage news agencies. It has five (5) members as representatives of the two Houses of
Parliament, three (3) nominated by the Speaker of the Lok Sabha and two (2) nominated by
the Chairman of the Rajya Sabha to represent readers interest. It has three (3) members
nominated from the University Grants Commission, Bar Council of India and Sahitya Academy
representing the fields of education, law and literature respectively.

https://www.thehindu.com/news/national/press-council-issues-advisory-on-paid-news/article66
568447.ece

https://www.newindianexpress.com/nation/2022/jun/17/justice-ranjana-prakash-desai-named-p
ci-chief-first-woman-to-head-the-media-watchdog-2466827.html

Q 32) :
Ans ) [C] : 3
Exp ) Explanation:

1. Incorrect: The demand for constituent assembly was finally accepted in principle by the
British government in AUGUST OFFER OF 1940.
2. Correct: The constituent assembly was constituted in NOVEMBER 1946 under the scheme
formulated by the CABINET MISSION PLAN.

3. Correct: The constituent assembly held its first meeting on DECEMBER 9,1946.The meeting
was attended by only 211 members.

4. Correct: It adopted the national flag on July 22,1947.

Target Shots
DEMAND FOR A CONSTITUENT ASSEMBLY
It was in 1934 that the idea of a Constituent Assembly for India was put
forward for the first time by M.N. Roy, a pioneer of communist movement in
India. In 1935, the Indian National Congress (INC), for the first time,
officially demanded a Constituent Assembly to frame the Constitution of
India. In 1938, Jawaharlal Nehru, on behalf the INC declared that ‘the
Constitution of free India must be framed, without outside interference, by a
Constituent Assembly elected on the basis of adult franchise’.
The demand was finally accepted in principle by the British Government
in what is known as the ‘August Offer’ of 1940. In 1942, Sir Stafford Cripps,
a Member of the Cabinet, came to India with a draft proposal of the British
Government on the framing of an independent Constitution to be adopted
after the World War II. The Cripps Proposals were rejected by the Muslim
League, which wanted India to be divided into two autonomous states with
two separate Constituent Assemblies. Finally, a Cabinet Mission1 was sent to
India. While it rejected the idea of two Constituent Assemblies, it put forth a
scheme for the Constituent Assembly which more or less satisfied the
Muslim League.

Page 28
WORKING OF THE CONSTITUENT ASSEMBLY
The Constituent Assembly held its first meeting on December 9, 1946. The
Muslim League boycotted the meeting and insisted on a separate state of
Pakistan. The meeting was, thus, attended by only 211 members. Dr.
Sachchidananda Sinha, the oldest member, was elected as the temporary
President of the Assembly, following the French practice.
Later, Dr. Rajendra Prasad was elected as the President of the Assembly.
Similarly, both H.C. Mukherjee and V.T. Krishnamachari were elected as the
Vice-Presidents of the Assembly. In other words, the Assembly had two
Vice-Presidents.
Functions Performed
In addition to the making of the Constitution and enacting of ordinary laws,
the Constituent Assembly also performed the following functions:
1. It ratified the India’s membership of the Commonwealth in May 1949.
2. It adopted the national flag on July 22, 1947.
3. It adopted the national anthem on January 24, 1950.
4. It adopted the national song on January 24, 1950.
5. It elected Dr. Rajendra Prasad as the first President of India on January
24, 1950.

Q 33) :
Ans ) [C] : 3
Exp ) Exp ) Statement 1, 2 and 4 are correct only.

About: Pitt's India Act 1784 or the East India Company Act 1784 was passed in the British
Parliament to rectify the defects of the Regulating Act 1773. It resulted in dual control or joint
government in India by Crown in Great Britain and the British East India Company, with crown
having ultimate authority. With this act, East India Company's political functions were
differentiated from its commercial activities for the first time. The relationship between
company and crown established by this act kept changing with time until the Government of
India Act 1858 provided for liquidation of the British East India Company.

Target shots: Pitt's India Act 1784's Provisions

Board of Control: In political matters, the company was till now working as somewhat
sovereign. The Pitts India act made the company directly subordinate to the British
government. For the purpose of Joint Government, a Board of Commissioners for the Affairs of
India called Board of Control was created. This board was made of six people viz. The
Chancellor of the Exchequer, the Secretary of State, and four Privy Councillors nominated by
the King. The Secretary of the State was entitled as the President of the Board of Control. This
Board of control was empowered to control all matters of civil or military government or
revenues. The board was given full access to the company's records. It had the powers to send
Governors to India and full authority to alter them.
- Thus, in the dual control, the Company was to be represented by the Court of Directors and
the Crown was represented by the Board of Control.

Alternation in Governor General-in Council: The Governor General's council was now reduced
to 3 members, one of whom was to be the commander-in-chief of the King's army in India. This

Page 29
process of reducing number of members from 4 to 3 was to strengthen the position of the
Governor General because now, he was able to get any resolution passed even with the help of
one member in his side. The Governor General was given the right of casting vote, in case the
members present in a meeting of the council shall any time be equally divided in opinion. The
Governor General Council was now under indirect control of the British Government through
the Board of Control Greater Powers to Presidency of Calcutta: The Governors of Presidencies
of Bombay and Madras were deprived of their independent powers and Calcutta was given
greater powers in matters of war, revenue, and diplomacy, thus Calcutta becoming in effect,
the capital of Company possessions in India. hence statement 3 is incorrect

Secret Committee: There was also a secret committee of the 3 directors, which had to transmit
the orders of the Board to India. This Secret Committee was to work as a link between the
Board of control and the Court of Directors.
Disclosing of Property: All civil and military officers of the East India Company were ordered
to provide the Court of Directors a full inventory of their property in India and in Britain within
two months of their joining their posts. Severe punishment was provisioned for corrupt
officials.

Analysis: The Pitt's India Act was deemed a failure. This was because; very soon it became
apparent that the boundaries between government control and the company's powers were
nebulous and highly subjective. The British Government felt obliged to respond to
humanitarian calls for better treatment of local peoples in British-occupied territories. The
Board of control was alleged for nepotism. The act was a naive one, it divided the
responsibility between the Board of Control, Court of Directors and the Governor General in
Council but again without fixing the clear cut boundaries. The powers fixed were subjective
and not objective.

Significance of the Act: The Act was significant for two reasons.
Firstly, the company's territories in India were for the first time called the 'British possession
in India' and Secondly, British Government was given the supreme control over Company's
affairs and its administration in India.

Q 34) :
Ans ) [A] : 1
Exp ) Exp ) statement 3 is incorrect - Article 28 allows educational institutions maintained by
different religious groups to impart religious instruction but it doesn't meant that all
institutions are free to do that. state aided institutions are not allowed to impart religious
instruction of any type.
- The term "Secular" means being "separate" from religion, or having no religious basis or
Secularism means separation of religion from political, economic, social and cultural aspects of
life, religion being treated as a purely personal matter. statement 1 is correct
- It emphasized dissociation of the state from religion and full freedom to all religions and
tolerance of all religions.
- It also stands for equal opportunities for followers of all religions, and no discrimination and
partiality on grounds of religion. The state is not allowed make any discrimination on the basis
of religion in matters of employment (Article 16). Hence Statement 2 is correct.

Page 30
Target Shots: Secularism- background study
- In accordance with this policy, the British partitioned Bengal in 1905.
- Separate electorates were provided for Muslims through the Indian Councils Act of 1909, a
provision which was extended to Sikhs, Indian Christians, Europeans and Anglo-Indians in
certain provinces by the Government of India Act, 1919.
- Ramsay MacDonald Communal Award of 1932, provided for separate electorates as well as
reservation of seats for minorities, even for the depressed classes became the basis for
representation under the Government of India Act, 1935.
- However, Indian freedom movement was characterized by secular tradition and ethos right
from the start.
- In the initial part of the Indian freedom movement, the liberals like Sir Feroz Shah Mehta,
Govind Ranade, Gopal Krishna Gokhale by and large pursued a secular approach to politics.
- The constitution drafted by Pandit Moti Lal Nehru as the chairman of the historic Nehru
Committee in 1928, had many provision on secularism as: 'There shall be no state religion for
the commonwealth of India or for any province in the commonwealth, nor shall the state,
either directly or indirectly, endow any religion any preference or impose any disability on
account of religious beliefs or religious status'.
- Gandhiji's secularism was based on a commitment to the brotherhood of religious
communities based on their respect for and pursuit of truth, whereas, J. L. Nehru's secularism
was based on a commitment to scientific humanism tinged with a progressive view of historical
change.
- At present scenario, in the context of Indian, the separation of religion from the state
constitutes the core of the philosophy of secularism.
.Secularism and the Indian Constitution
- There is a clear incorporation of all the basic principles of secularism into various provisions
of constitution.
- The term 'Secular' was added to the preamble by the forty-second constitution Amendment
Act of 1976, (India is a sovereign, socialist, secular, democratic, republic).
- - It emphasise the fact that constitutionally, India is a secular country which has no State
religion. And that the state shall recognise and accept all religions, not favour or patronize any
particular religion.
- While Article 14 grants equality before the law and equal protection of the laws to all, Article
15 enlarges the concept of secularism to the widest possible extent by prohibiting
discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 16 (1) guarantees equality of opportunity to all citizens in matters of public
employment and reiterates that there would be no discrimination on the basis of religion, race,
caste, sex, descent, place of birth and residence.
- Article 25 provides 'Freedom of Conscience', that is, all persons are equally entitled to
freedom of conscience and the right to freely profess, practise and propagate religion.
- As per Article 26, every religious group or individual has the right to establish and maintain
institutions for religious and charitable purposes and to manage its own affairs in matters of
religion.
- As per Article 27, the state shall not compel any citizen to pay any taxes for the promotion or
maintenance of any particular religion or religious institution.
- Article 28 allows educational institutions maintained by different religious groups to impart
religious instruction.
- Article 29 and Article 30 provides cultural and educational rights to the minorities.

Page 31
- Article 51A i.e. Fundamental Duties obliges all the citizens to promote harmony and the spirit
of common brotherhood and to value and preserve the rich heritage of our composite culture.
Indian vs. Western Model of Secularism: Over the years, India has developed its own unique
concept of secularism that is fundamentally different from the parallel western concept of
secularism in the following ways:
- As per the western model of secularism, the "State" and the "religion" have their own
separate spheres and neither the state nor the religion shall intervene in each other's affairs.
- Thus, the western concept of secularism requires complete separation of religion and state.
- However, in India, neither in law nor in practice any 'wall of separation' between religion and
the State exists.
- In India, both state and religion can, and often do, interact and intervene in each other's
affairs within the legally prescribed and judicially settled parameters.
- In other words, Indian secularism does not require a total banishment of religion from the
State affairs.
- As per the western model, the state cannot give any financial support to educational
institutions run by religious communities.
- On the other hand, Indian model has chosen a positive mode of engagement.
- In India, the state provides all religious minorities the right to establish and maintain their
own educational institutions which may receive assistance from state.
- In the western model, State does not intervene in the affairs of religion till the time religion is
working within the limits of the law.
- On the other hand, in Indian secularism, state shall interfere in religion so as to remove evils
in it.
- India has intervened by enforcing legislation against the practices of sati or widow-burning,
dowry, animal and bird sacrifice, child marriage, and preventing Dalits from entering temples.
- In western concept of secularism, religion is relegated entirely to the private sphere and has
no place in public life whatsoever.
- The western model prohibits any public policy to be drafted on the basis of religion therefore;
state is absolutely distanced from the religious activities and practices of its citizens.
- In India, state has the policy of setting up Departments of Religious Endowments, Wakf
Boards, etc. It is also involved in appointing Trustees of these boards.

Q 35) :
Ans ) [B] : 2
Exp ) Explanation: Among the given offices, Judges of Supreme court and High court and CAG
are included in the provisions of 2nd Schedule.

Target Shots

Second schedule contains provisions for

1. PRESIDENT
2.GOVERNOR
3.SPEAKER AND DEPUTY SPEAKER OF LOK SABHA
4.CHAIRMAN AND DEPUTY CHAIRMAN OF RAJYA SABHA
5.SPEAKER AND DEPUTY SPEAKER OF LEGISLATIVE ASSEMBLY IN THE STATES
6. CHAIRMAN AND DEPUTY CAHIRMAN OF THE LEGISLATIVE COUNCIL IN STATES
7. JUDGE OF SC

Page 32
8. JUDGE OF HC
9 CAG

Q 36) :
Ans ) [A] : 1
Exp ) Exp:
21st Amendment Act: Sindhi was included in the Eighth Schedule of the Indian Constitution
through the 21st Amendment Act, 1967. Prior to this, Sindhi was not one of the original
languages listed when the Constitution was enacted in 1950. The addition recognized the
linguistic and cultural significance of the Sindhi community in India.

71st Amendment Act: Konkani, Manipuri, and Nepali were added to the Eighth Schedule by
the 71st Amendment Act of 1992. Before this, these languages were not officially recognized at
the national level. The amendment was a significant move for the linguistic and cultural
acknowledgment of these communities, aiding in the preservation and promotion of these
languages.

92nd Amendment Act: The 92nd Amendment Act of 2003 brought in four more languages into
the Eighth Schedule: Bodo, Dogri, Maithili, and Santhali. Each of these languages has a unique
cultural heritage and is spoken by specific communities within India. The addition of these
languages into the Eighth Schedule conferred an official status on them, providing a boost to
their growth and development.

Q 37) :
Ans ) [D] : 4
Exp ) 1.Correct:Like any other part of the Constitution, the Preamble was also enacted by
the Constituent Assembly; but, after the rest of the Constitution was already
enacted.
2.Correct: WE THE PEOPLE is borrowed from USA.according to Nehru “we the people
represented the people of India in aggregate capacity and not by states or people of states.
3.Correct: preamble is based on objective resolution drafted and moved by Pandit Nehru.
4.Correct: Indian brand of socialism is democratic socialism and not a communistic socialism
which holds faith in ‘mixed economy’ where both public and private sectors coexist side by
side.

Target Shots
SIGNIFICANCE OF THE PREAMBLE
The Preamble embodies the basic philosophy and fundamental values–
political, moral and religious–on which the Constitution is based. It contains
the grand and noble vision of the Constituent Assembly, and reflects the
dreams and aspirations of the founding fathers of the Constitution. In the
words of Sir Alladi Krishnaswami Iyer, a member of the Constituent
Assembly who played a significant role in making the Constitution, ‘The
Preamble to our Constitution expresses what we had thought or dreamt so
long’.
According to K.M. Munshi, a member of the Drafting Committee of the
Constituent Assembly, the Preamble is the ‘horoscope of our sovereign
Page 33
democratic republic’.
Pandit Thakur Das Bhargava, another member of the Constituent
Assembly, summed up the importance of the Preamble in the following
words: ‘The Preamble is the most precious part of the Constitution. It is the
soul of the Constitution. It is a key to the Constitution. It is a jewel set in the
Constitution. It is a proper yardstick with which one can measure the worth
of the Constitution’.

https://www.thehindubusinessline.com/opinion/invoking-the-preamble-in-times-of-protest/articl
e33669141.ece

Q 38) :
Ans ) [C] : 3
Exp ) Exp:
Mandate and Scope of ED: The Enforcement Directorate (ED) is a specialized financial
investigation agency tasked with scrutinizing economic crimes and enforcing compliance with
foreign exchange laws. It has a multidisciplinary role, ranging from investigating money
laundering to probing financial irregularities. Its mission is to safeguard the country's
economic framework. Hence statement 1 is correct.

Organizational Structure: The ED operates under the Department of Revenue, which is part of
the Ministry of Finance. Being a central agency, it coordinates with various state and
international bodies for its investigations. Its headquarters are located in New Delhi,
emphasizing its national importance and central coordination role. Hence statement 2 is
correct.

Appointment of the Director: The Director of the ED is appointed in accordance with the
provisions set out by the Central Vigilance Commission (CVC) Act of 2003. This law outlines
the qualifications, terms, and conditions for the Director’s appointment, ensuring that a highly
qualified individual heads the organization. Hence statement 3 is correct.

Tenure and Transfer Guidelines: Contrary to some misconceptions, the tenure of the ED
Director is not less than two years. Moreover, any transfer or premature removal of the
Director must be approved by an appointing committee chaired by the Central Vigilance
Commissioner (CVC). According to the Central Vigilance Commission Act of 2021, the
Director's initial appointment of two years can be extended by up to three annual extensions,
providing stability and continuity in leadership. Hence statement 4 is incorrect.

https://www.thehindu.com/news/national/sc-allows-sanjay-kumar-mishra-to-continue-as-ed-dire
ctor-till-september-15/article67127129.ece

Q 39) :
Ans ) [C] : 3
Exp ) Exp:
Rule 373: Disorderly Conduct: Under Rule 373, if a member's conduct is deemed to be "grossly
disorderly" by the Speaker of the House, the Speaker has the authority to direct the said
member to withdraw immediately from the House. Following this directive, the member is
Page 34
required to be absent for the remainder of the day's sitting. This rule aims to maintain the
decorum and functioning of the legislative body by immediately removing any source of
significant disruption.

Rule 374: Suspension of Member: Rule 374 provides the Speaker with the authority to take
action against any member who openly disrespects the chair's authority or persistently
disrupts the proceedings of the House. In such cases, the Speaker "names" the disruptive
member, which is followed by the initiation of a motion to suspend the member for the rest of
the session. This is a more serious action and can result in the member being barred from
participating in House activities for a more extended period.

Rule 374A: Automatic Suspension: Rule 374A addresses instances of "grave disorder" caused
by a member, such as entering the "well" of the House or consistently obstructing
parliamentary business. In such extreme cases, the member is automatically suspended
without the need for a motion or vote. The suspension period lasts for either five consecutive
sittings or the remainder of the ongoing session, whichever duration is shorter. This rule aims
for swift action to restore order in the House.

https://indianexpress.com/article/opinion/columns/illegal-irrational-unconstitutional-the-proble
m-with-recent-suspensions-of-mps-8892457/

Q 40) :
Ans ) [B] : 2
Exp ) Article 43 of Constitution of India provides for Living wage, etc., for workers.

The State shall endeavour to secure, by suitable legislation or economic organisation or in any
other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions
of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote cottage industries on an
individual or co-operative basis in rural areas. Hence, statement 1 is not correct.

The State shall take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertakings, establishments or other
organisations engaged in any industry. Hence, statement 2 is correct.

The State shall endeavour to promote voluntary formation, autonomous functioning,

democratic control and professional management of co-operative societies. Hence, statement 3
is correct.

Therefore, option (b) is the correct answer.

Q 41) :
Ans ) [B] : 2
Exp ) Statement 1 and 3 are correct only.

Explanation:
Pressure groups are organizations that attempt to influence government policies. But unlike
Page 35
political parties, pressure groups do not aim to directly control or share political power. These
organizations are formed when people with common occupations, interests, aspirations, or
opinions come together in order to achieve a common objective.

We often hear the word people’s movement to describe many forms of collective action:
Narmada Bachao Andolan, Movement for Right to Information, Anti-liquor Movement,
Women’s Movement, Environmental Movement.

Like an interest group, a movement also attempts to influence politics rather than directly take
part in electoral competition. But unlike the interest groups, movements have a loose
organization. Their decision-making is more informal and flexible. They depend much more on
spontaneous mass participation than an interest group.

Q 42) :
Ans ) [A] : 1
Exp ) Target Shots
Recently, the Supreme Court turned down the Union government’s plea to do away with the
requirement of collecting quantifiable data by the Centre and states to determine the
representation of people belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs)
while implementing reservation in promotion.

State is obligated to collect quantifiable data as per the court’s judgment in M Nagaraj (2006)
and Jarnail Singh (2018). Hence statement 1 is correct.
(The Supreme Court clarified that the condition of states giving quantifiable data with respect
to inadequate representation still stands and that inadequacy of representation has to be in
relation to specific cadre and not in proportion to SC/ST population in the State.)

In 2006, a Constitution bench’s ruling in the M Nagaraj case made it incumbent upon the state
to collect quantifiable data showing the inadequacy of representation of a section of people in
public employment in addition to maintaining overall administrative efficiency.

The aspect of quantifiable data was endorsed by another Constitution bench by its 2018 ruling
in the Jarnail Singh case which also mandated the exclusion of the “creamy layer” before
providing for reservation in promotions.

The collection of data has to be for each category of posts for the entire service.

It added that assessment on the inadequacy of representation of the reserved categories in

promotional posts should be left to the states. Hence statement 2 is not correct.

Q 43) :
Ans ) [B] : 2
Exp ) Explanation:

Based on the report of the Sarkaria Commission on Centre–State Relations (1988), the
Supreme Court in Bommai case (1994) enlisted the situations where the exercise of power
under Article 356 could be proper or improper.
Page 36
Target Shots
The imposition of President’s Rule in a state would be proper in the following situations:

Where after general elections to the assembly, no party secures a majority, that is, ‘Hung
Assembly’.
Where the party having a majority in the assembly declines to form a ministry and the
governor cannot find a coalition ministry commanding a majority in the assembly.
Where a ministry resigns after its defeat in the assembly and no other party is willing or able
to form a ministry commanding a majority in the assembly.
Where a constitutional direction of the Central government is disregarded by the state
government.
Internal subversion where, for example, a government is deliberately acting against the
Constitution and the law or is fomenting a violent revolt.
Physical breakdown where the government wilfully refuses to discharge its constitutional
obligations endangering the security of the state.

The imposition of President’s Rule in a state would be improper under the following situations:
Where a ministry resigns or is dismissed on losing majority support in the assembly and the
governor recommends imposition of President’s Rule without probing the possibility of forming
an alternative ministry.
Where the governor makes his own assessment of the support of a ministry in the assembly
and recommends imposition of President’s Rule without allowing the ministry to prove its
majority on the floor of the Assembly.
Where the ruling party enjoying majority support in the assembly has suffered a massive
defeat in the general elections to the Lok Sabha such as in 1977 and 1980.
dInternal disturbances not amounting to internal subversion or physical breakdown
Maladministration in the state or allegations of corruption against the ministry or stringent
financial exigencies of the state.
Where the state government is not given prior warning to rectify itself except in case of
extreme urgency leading to disastrous consequences.
Where the power is used to sort out intra-party problems of the ruling party, or for a purpose
extraneous or irrelevant to the one for which it has been conferred by the Constitution.

Q 44) :
Ans ) [A] : 1
Exp ) Explanation:
Procedurally, the Bills are classified as:
Ordinary Bills
Money Bills and Financial Bills
Ordinance Replacing Bills
Constitution Amendment Bills

Target Shots
An ordinary bill can be introduced either in the Lok Sabha or the Rajya Sabha. It can be
introduced either by a minister or by a private member without the prior recommendation of
the President. It can be amended or rejected by the Rajya Sabha. The Rajya Sabha can detain
an ordinary bill for a maximum period of six months. It is sent for the President’s assent only

Page 37
after being approved by both the Houses. In case of a deadlock due to disagreement between
the two Houses, a joint sitting of both the houses can be summoned by the president to resolve
the deadlock. It can be rejected, approved, or returned for reconsideration by the President. In
case of states, an ordinary bill can originate in either House of the state legislature (in case of
a bicameral legislature). After the bill is passed by the originating House, it is transmitted to
the second House for consideration and passage. A bill is deemed to have been passed by the
state legislature only when both the Houses have agreed to it, either with or without
amendments. In case of a unicameral legislature, a bill passed by the legislative assembly is
sent directly to the governor for his assent. If the State Legislative Council passes the bill
without amendments or the assembly accepts the amendments suggested by the council, the
bill is deemed to have been may pass the bill again and transmit the same to the council. If the
council rejects the bill again or passes the bill with amendments not acceptable to the
assembly or does not pass the bill within one month, then the bill is deemed to have been
passed by both the Houses in the form in which it was passed by the assembly for the second
time. Therefore, the ultimate power of passing an ordinary bill is vested in the assembly. At
the most, the council can detain or delay the bill for a period of four months—three months in
the first instance and one month in the second instance. The Constitution does not provide for
the mechanism of joint sitting of both the Houses.

Q 45) :
Ans ) [B] : 2
Exp ) Statements 1, 2 and 5 are correct only.

Explanation:

Placing Annual Financial Statement before the Parliament: Correct. The Annual Financial
Statement, commonly known as the Budget, is presented to both Houses of Parliament under
Article 112 of the Constitution. It's a statement of the estimated receipts and expenditure of
the government for a particular financial year. Parliamentary control is exercised as both
Houses have the power to assent or reject the demands for grants.

Withdrawal of moneys from Consolidated Fund of India only after passing the Appropriation
Bill: Correct. No money can be withdrawn from the Consolidated Fund of India without the
enactment of a law (Appropriation Act) by Parliament. This ensures that the government
cannot spend money without the explicit approval of Parliament.

Provisions of supplementary grants and vote-on-account: Correct. Supplementary grants are

additional grants required to meet the required expenditure of the government. A vote-on-
account is a grant made in advance to enable the government to carry on until the voting of
demands for grants and the passing of the Appropriation Act. Both these provisions are part of
the Parliamentary control over public finance.

A periodic or at least a mid-year review of the programme of the Government against

macroeconomic forecasts and expenditure by a Parliamentary Budget Office: Incorrect. While
this statement represents a good practice in budgetary oversight, there is no provision in the
Indian system for a mandatory periodic or mid-year review by a specific Parliamentary Budget
Office. The Parliamentary control is exercised through other means such as discussions,

Page 38
questions, and debates.

Introducing Finance Bill in the Parliament: Correct. The Finance Bill is introduced in
Parliament, usually immediately after the presentation of the Annual Financial Statement. It
gives effect to the financial proposals of the government for the following financial year. The
Finance Bill must be enacted within 75 days. It ensures that Parliament has control over
taxation, and no tax can be levied or modified without the approval of Parliament.

Q 46) :
Ans ) [B] : 2
Exp ) Exp:

South Korea is willing to share technology on submarines and missile systems with India to
strengthen defence cooperation.

Both leaders agreed to strengthen cooperation in defence referring to K9 Vajra, a 52-calibre

tracked self-propelled howitzer designed by a South Korean company.

South Korea will provide USD 4 billion to India as a line of credit over the next three years for
“high-value” projects.

Q 47) :
Ans ) [B] : 2
Exp ) Target Shots
Bengaluru finds special mention in a World Health Organisation (WHO) report on tobacco
control measures released Monday.

Freedom Sale
Hundreds of enforcement drives, putting up ‘No Smoking’ signs, and creating awareness about
the effects of smoking and second-hand smoke resulted in a 27 per cent reduction in smoking
in public places in the city, the report said.

Across the world, there are 300 million fewer smokers today, with the prevalence of smoking
declining from 22.8 per cent in 2007 to 17 per cent in 2021.

KEY TAKEAWAYS

Fifteen years ago, WHO had developed the MPOWER measures – monitor tobacco use and
prevention policies; protect people from tobacco smoke; offer help to quit tobacco; warn about
dangers of tobacco; enforce bans on tobacco advertising; and raise taxes on tobacco products.
The report assesses the implementation of these measures.

What does the report say?

In the 15 years since the MPOWER measures were first introduced, 5.6 billion people in the
world – or 71 per cent of the entire population – remain protected by at least one of the
measures. This has increased from just 5 per cent of the population in 2008.
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The number of countries implementing at least one MPOWER measure has increased from 44
countries in 2008 to 151 in 2022, according to the report. At least four countries – Brazil,
Turkiye, Netherlands, and Mauritius – have implemented all the measures.

“WHO urges all countries to put in place all of the MPOWER measures at best-practice level to
fight the tobacco epidemic, which kills 8.7 million people globally, and push back against the
tobacco and nicotine industries, who lobby against these public health measures,” said Dr
Ruediger Krech, WHO, Director for Health Promotion.

With a focus on second-hand smoking, the report says that almost 40 per cent countries now
have completely smoke-free indoor public spaces.

What is the bad news in the report?

There are at least 44 countries in the world that still do not implement any MPOWER measure.
There are 53 countries that do not completely ban smoking in healthcare facilities. And only
half of the countries have smoke-free workplaces and restaurants.

The director general of WHO, Dr Tedros Adhanom Ghebreyesus, also flagged the dangers of e-
cigarettes. In the report, he said, “But progress so far is being undermined by the tobacco
industry’s aggressive promotion of E-cigarettes as a safer alternative to cigarettes. Young
people, including those who never previously smoked, are a particular target. In fact, E-
cigarettes are harmful to both the people using them and those around them, especially when
used indoors.”

Why is it important to curb second-hand smoke?

The report focuses on controlling second-hand smoking (being in the presence of someone who
is smoking) by creating smoke-free public areas and also de-normalising the act of smoking in
society.

Of the estimated 8.7 million tobacco-related deaths each year, 1.3 million are of non-smokers
exposed to second-hand smoke, the report says quoting the Global Burden of Disease 2019.
Second-hand smoke has been linked to almost 400,000 deaths due to heart disease, over
250,000 deaths due to chronic obstructive pulmonary disease, over 150,000 deaths due to
stroke and lower respiratory disease each, and over 100,000 deaths due to diabetes.

The report also adds that severe asthma, respiratory tract infections, and sudden infant death
syndrome are more common among children exposed to second-hand smoke. Around 51,000
deaths in children and adolescents under the age of 20 years is linked to exposure to second-
hand smoke.

How does India fare?

When it comes to India, the report states that the country has the highest level of achievement
when it comes to putting health warning labels on tobacco products and providing tobacco
dependence treatment.

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With 85 per cent of cigarette packs carrying health warnings both on the front and back, India
figures among the top 10 countries in terms of the size of health warnings. The cigarette
packets in the country also carry a toll-free number for a quit-line.

India has also banned the sale of e-cigarettes, and banned smoking in healthcare facilities and
educational institutions. The report ranks the implementation of these bans an 8 out of 10 in
healthcare facilities, 6 in schools, and 5 in universities.

What do experts say?

One of the biggest steps in the works is implementing warnings on OTT platform content when
actors are seen using tobacco products. “This would make India the first country in the world
to do so. And it is needed. During the pandemic, there was a huge increase in the number of
people subscribing to OTT platforms. This content is also readily available to children, which
means the warnings have to reach them too,” said Binoy Mathew, an expert in tobacco
regulation from the Voluntary Health Association of India.

He said India already has a comprehensive law on tobacco control, but some amendments are
needed in the 20-year-old legislation. “There is a need to ban the loose sale of cigarettes. Many
people, especially college students, buy one or two cigarettes instead of the whole pack that
might cost Rs350-400. This means they are not exposed to the health warning and quit-line at
all.”

Q 48) :
Ans ) [C] : 3
Exp ) Explanation
INS Sunayna Visit to Beira, Mozambique

INS Sunayna, a naval vessel of the Indian Navy, recently made a port visit to Beira,
Mozambique, highlighting India's commitment to fostering cordial relations with its maritime
neighbors and promoting the vision of Security and Growth for All in the Region (SAGAR).
The deployment of INS Sunayna also includes a scheduled joint Exclusive Economic Zone
(EEZ) patrol off the coast of Mozambique, enhancing the security cooperation between the two
countries.
SAGAR was launched in 2015. It is India’s strategic vision for the Indian Ocean Region (IOR).
Through SAGAR, India seeks to deepen economic and security cooperation with its maritime
neighbours and assist in building their maritime security capabilities.
Mozambique borders Tanzania, Malawi, Zambia, Zimbabwe, South Africa, and Eswatini. Its
long Indian Ocean coastline of 2,500 kilometers faces east to Madagascar. About two-thirds of
its estimated 33 million (2022) people live and work in rural areas.

Q 49) :
Ans ) [C] : 3
Exp ) Explanation
Cell-Free DNA (cfDNA):

About:
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cfDNA refers to fragments of DNA that exist outside of cells, specifically in various body fluids.
Unlike the majority of DNA which is enclosed within cells.
cfDNA is released into the extracellular environment under different circumstances, including
cell death or other cellular processes. Hence, statement 1 is correct.
These cfDNA fragments contain genetic information and can offer insights into a person's
health status, potential diseases, and genetic variations.
Applications:
Non-Invasive Prenatal Testing (NIPT):
Cell-free DNA serves as a valuable tool for screening chromosomal abnormalities in developing
foetuses, such as Down syndrome.
NIPT replaces invasive procedures such as amniocentesis, minimizing risks for both expectant
mothers and foetuses.
Early Cancer Detection:
Identifying cancers at their initial stages for prompt treatment.
wThe 'GEMINI' test utilizes cfDNA sequencing to detect lung cancer with high accuracy.
Hence, statement 2 is correct.
Combining cfDNA analysis with existing methods enhances overall cancer detection.

Q 50) :
Ans ) [C] : 3
Exp ) Explanation:

National Initiative For Developing And Harnessing Innovations (NIDHI) is an end-to-end plan
for startups to double the number of incubators and startups in the duration of five years.
The NIDHI Program, initiated by the Department of Science & Technology (DST) in 2016, aims
to foster innovation and startup culture in India.

Objectives

Promote S&T-based entrepreneurship and startup ecosystem across the country

Nurture start-ups through scouting, supporting, and scaling innovations

Components

NIDHI-Entrepreneur in Residence (EIR): Inspires graduating students to pursue

entrepreneurship through fellowships

NIDHI-Promotion and Acceleration of Young and Aspiring Technology Entrepreneurs

(PRAYAS): Supports innovators and startups from Idea to Prototype stage

NIDHI-Inclusive-Technology Business Incubator (iTBI): Expands incubation programs to

various geographies and genders

NIDHI-Technology Business Incubator (TBI): Supports and nurtures knowledge-driven

innovative start-ups

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NIDHI-Seed Support Program (SSP): Provides early-stage funding to promising start-ups

NIDHI-Center of Excellence (CoE): Creates a world-class facility to help startups go global

NIDHI-Accelerator: Accelerates startups through focused interventions.

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