UPSC CDS-2 Archives

41. Which one of the following is not considered a part of the Legislature

Which one of the following is not considered a part of the Legislature of States?

[amp_mcq option1=”The Governor” option2=”The Legislative Assembly” option3=”The Legislative Council” option4=”The Chief Minister” correct=”option4″]

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Article 168 of the Constitution of India states that for every State there shall be a Legislature which shall consist of the Governor, and in States having a Legislative Council, one House to be known as the Legislative Assembly, and in States having two Houses, two Houses to be known as the Legislative Assembly and the Legislative Council. Therefore, the Governor, the Legislative Assembly, and the Legislative Council (where it exists) are components of the State Legislature. The Chief Minister is the head of the Council of Ministers and the executive head of the state government, but is not considered a part of the State Legislature as an institution, although they are typically members of the Legislative Assembly or Legislative Council.

– The State Legislature comprises the Governor and the House(s) of the Legislature (Legislative Assembly and potentially Legislative Council).
– The Chief Minister is part of the State Executive, not the State Legislature.

States with a bicameral legislature (having both a Legislative Assembly and a Legislative Council) include Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. Other states have a unicameral legislature consisting only of the Governor and the Legislative Assembly. Members of the Council of Ministers, including the Chief Minister, must be members of the State Legislature (either Assembly or Council) or become a member within six months (Article 164(4)).

42. Which one of the following is not among the duties of the Chief

Which one of the following is not among the duties of the Chief Minister?

[amp_mcq option1=”To communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation.” option2=”To furnish information relating to the administration of the State and proposals for legislation as the Governor may call for.” option3=”To communicate to the President all decisions of the Council of Ministers relating to the administration of the State in the monthly report.” option4=”To submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but has not been considered by the Council, if the Governor so requires.” correct=”option3″]

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Article 167 of the Constitution of India outlines the duties of the Chief Minister. Clause (a) states that it is the CM’s duty to communicate to the Governor all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation. Clause (b) states that it is the CM’s duty to furnish such information relating to the administration of the State and proposals for legislation as the Governor may call for. Clause (c) states that if the Governor so requires, the CM shall submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council. Communicating *all* decisions of the Council of Ministers directly to the President in a monthly report is not a duty of the Chief Minister specified in the Constitution. The Chief Minister communicates with the Governor, who in turn interacts with the President on state matters when necessary.

– Article 167 defines the duties of the Chief Minister regarding communication with the Governor.
– The Chief Minister acts as a link between the Council of Ministers and the Governor.
– The Constitution does not mandate the Chief Minister to directly report all Council of Ministers’ decisions to the President.

The Governor of a state is appointed by the President (Article 155). The Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister (Article 163), except in certain matters where the Governor may act in their discretion. The Governor can report to the President (under Article 356, for example) regarding the situation in the state, but the routine communication of Council of Ministers’ decisions is directed towards the Governor, not the President.

43. Which one of the following criteria is not required to be qualified fo

Which one of the following criteria is not required to be qualified for appointment as Judge of the Supreme Court?

[amp_mcq option1=”At least five years as a Judge of a High Court” option2=”At least ten years as an Advocate of a High Court” option3=”In the opinion of the President, a distinguished Jurist” option4=”At least twenty years as a Sub-Judicial Magistrate” correct=”option4″]

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Having at least twenty years as a Sub-Judicial Magistrate is not a required qualification for appointment as a Judge of the Supreme Court.

Article 124(3) of the Constitution specifies the qualifications for appointment as a Judge of the Supreme Court.

According to Article 124(3), a person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or (b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or (c) is, in the opinion of the President, a distinguished jurist. The role of a Sub-Judicial Magistrate falls under the lower judicial services and is not a qualifying criterion for appointment to the Supreme Court.

44. Which of the following is not under the powers and functions of the El

Which of the following is not under the powers and functions of the Election Commission of India?

[amp_mcq option1=”Superintendence, direction and control of the preparation of electoral rolls” option2=”Conduct of elections to the Parliament and to the Legislature of each State” option3=”Conduct of election to the office of the President and the Vice President” option4=”Appointment of the Regional Commissioners to assist the Election Commission in the performance of the functions conferred on the Commission” correct=”option4″]

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The appointment of the Regional Commissioners to assist the Election Commission in the performance of its functions is not directly a power of the Election Commission of India.

Article 324(4) of the Constitution states that the President may appoint Regional Commissioners after consultation with the Election Commission.

The Election Commission of India has the power of superintendence, direction, and control of the preparation of electoral rolls (Article 324). It conducts elections to Parliament, State Legislatures, the office of the President, and the Vice President (Article 324). The ECI is consulted by the President regarding the appointment of Regional Commissioners, but the appointing authority is the President, not the ECI itself.

45. Which one of the following regarding the procedure and conduct of busi

Which one of the following regarding the procedure and conduct of business in the Parliament is not correct?

[amp_mcq option1=”To discuss State matters” option2=”To discuss issues of the use of police force in suppressing the Scheduled Caste and Scheduled Tribe communities” option3=”To discuss issues in dealing with violent disturbances in an Undertaking under the control of the Union Government” option4=”To discuss issues for putting down the demands of the industrial labour” correct=”option4″]

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Discussing State matters is generally not a correct procedure and conduct of business in the Parliament.

Parliament primarily legislates and discusses matters related to the Union List and Concurrent List. Matters falling exclusively under the State List are ordinarily within the jurisdiction of State Legislatures.

While issues concerning state subjects can be discussed in Parliament if they have national importance or pertain to the implementation of Union laws on the Concurrent List, a general discussion on routine ‘State matters’ is restricted by the rules of procedure to avoid encroaching upon the autonomy of state legislatures. Issues like the use of police force concerning vulnerable groups (if it has national implications), violent disturbances in central undertakings, or national-level industrial labour issues can potentially be raised in Parliament through specific mechanisms like questions, motions, or debates, as they touch upon areas of national concern or the Union’s responsibilities.

46. Which of the following is not related to the powers of the Governor?

Which of the following is not related to the powers of the Governor?

[amp_mcq option1=”Diplomatic and military powers” option2=”Power to appoint Advocate General” option3=”Summoning, proroguing and dissolving State Legislature” option4=”Power to grant pardons, reprieves, respites or remission of punishments” correct=”option1″]

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Diplomatic and military powers are not related to the powers of the Governor.

Diplomatic and military powers are executive powers vested exclusively in the President of India, who is the head of the Union Executive.

The Governor is the constitutional head of a state and exercises executive powers relating to the state. Powers of the Governor include appointing the Advocate General of the State (Article 165), summoning, proroguing, and dissolving the State Legislature (Article 174), and power to grant pardons, reprieves, respites or remission of punishments in cases relating to matters to which the executive power of the state extends (Article 161). These are distinct from the diplomatic and military powers of the Union.

47. The audit reports of the Comptroller and Auditor General of India rela

The audit reports of the Comptroller and Auditor General of India relating to the accounts of the Union shall be submitted to

[amp_mcq option1=”the President” option2=”the Speaker of the Lok Sabha” option3=”the Prime Minister” option4=”the Vice President” correct=”option1″]

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The audit reports of the Comptroller and Auditor General of India relating to the accounts of the Union shall be submitted to the President.

This provision is enshrined in Article 151(1) of the Constitution of India, which deals with Audit Reports.

Article 151(1) states that the reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament. Similarly, Article 151(2) states that reports relating to the accounts of a State shall be submitted to the Governor, who shall cause them to be laid before the Legislature of the State.

48. Who has the power of annulment or suspension of Acts and Resolutions o

Who has the power of annulment or suspension of Acts and Resolutions of the Autonomous District and Regional Councils?

[amp_mcq option1=”The Governor” option2=”The President” option3=”The Chief Minister of the State” option4=”The Prime Minister” correct=”option1″]

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The Governor has the power of annulment or suspension of Acts and Resolutions of the Autonomous District and Regional Councils.

This power is granted to the Governor of the state under the provisions of the Sixth Schedule of the Constitution of India.

Paragraph 16 of the Sixth Schedule empowers the Governor to annul or suspend any Act or Resolution of a District Council or a Regional Council if he is satisfied that it is likely to endanger the safety of India or is prejudicial to public order. The Governor can also take steps to prevent the enforcement of such Act or Resolution.

49. Who among the following shall cause the accounts of the Autonomous Dis

Who among the following shall cause the accounts of the Autonomous District and Regional Council Funds to be audited?

[amp_mcq option1=”The Comptroller and Auditor General of India” option2=”The Chartered Accountant empanelled by the Government of India” option3=”The State Government Auditors” option4=”Any Chartered Accountant” correct=”option1″]

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The Comptroller and Auditor General of India shall cause the accounts of the Autonomous District and Regional Council Funds to be audited.

Paragraph 7 of the Sixth Schedule of the Constitution deals with the accounts of District and Regional Councils.

Paragraph 7(1) states that accounts shall be kept in such form as the Comptroller and Auditor-General of India may, with the approval of the President, prescribe. Paragraph 7(2) explicitly states that the accounts of the District Council and Regional Councils shall be audited in such manner as may be decided by the Comptroller and Auditor-General.

50. Which one of the following regarding the tenure of the elected members

Which one of the following regarding the tenure of the elected members of the Autonomous District Council is correct?

[amp_mcq option1=”Five years from the date of election” option2=”Five years from the date appointed for the first meeting of the Council after the election” option3=”Six years from the date of administration of Oath” option4=”Six years from the date of election” correct=”option2″]

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The tenure of the elected members of the Autonomous District Council is five years from the date appointed for the first meeting of the Council after the election.

This provision is mentioned in the Sixth Schedule of the Constitution of India, which deals with the administration of Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram.

Paragraph 2(1) of the Sixth Schedule states that each District Council shall consist of not more than thirty members, of whom not more than four persons shall be nominated by the Governor and the rest shall be elected on the basis of adult suffrage. The elected members hold office for a term of five years from the date appointed for the first meeting of the Council after the general elections, unless the Council is sooner dissolved.