UPSC Combined Section Officer Archives

1. Which one of the following Schedules of the Constitution of India cont

Which one of the following Schedules of the Constitution of India contains the allocation of seats in the Rajya Sabha to each state and union territory ?

Second Schedule

Fourth Schedule

Fifth Schedule

Eighth Schedule

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The correct answer is B) Fourth Schedule.

The Fourth Schedule to the Constitution of India contains provisions relating to the allocation of seats in the Rajya Sabha (Council of States) to each state and union territory.

– The Second Schedule deals with the emoluments, allowances, and privileges of the President, Governors, Speakers, Judges, etc.
– The Fifth Schedule contains provisions for the administration and control of Scheduled Areas and Scheduled Tribes.
– The Eighth Schedule lists the 22 languages recognized by the Constitution.
– The allocation of seats is based on the population of each state and union territory, as per the census data.

2. From the date of expiry of the prescribed period, or from the receipt

From the date of expiry of the prescribed period, or from the receipt of communication from the CPIO, what is the time limit for filing of first appeal ?

Within 15 days

Within 20 days

Within 25 days

Within 30 days

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According to Section 19(1) of the Right to Information Act, 2005, any person who does not receive a decision within the time specified (usually 30 days from request, or 48 hours if concerning life or liberty, or 35 days if routed through Asst. CPIO), or is aggrieved by a decision of the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO), may prefer an appeal to the first appellate authority. This appeal must be filed within thirty days from the expiry of the prescribed period or from the receipt of such a decision.

The RTI Act provides a two-tier appellate mechanism: the first appeal to a senior officer within the same public authority (first appellate authority) and the second appeal to the Central Information Commission or State Information Commission.

The first appellate authority is generally an officer senior in rank to the CPIO/SPIO in the concerned public authority. The first appellate authority must dispose of the appeal within thirty days of the receipt of the appeal or within such extended period not exceeding forty-five days from the date of filing, for reasons to be recorded in writing.

3. The concept of “Socialist” in the Preamble of the Constitution of Indi

The concept of “Socialist” in the Preamble of the Constitution of India was inserted by which one of the following amendments ?

42nd Amendment

44th Amendment

46th Amendment

52nd Amendment

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The Preamble to the Constitution of India originally declared India as a Sovereign Democratic Republic. The words “Socialist” and “Secular”, along with “Integrity”, were added to the Preamble by the 42nd Constitutional Amendment Act in 1976, during the Emergency period.

The 42nd Amendment Act, 1976, is considered one of the most comprehensive amendments to the Constitution and is often referred to as a “Mini-Constitution”. It made several significant changes to various parts of the Constitution, including the Preamble, Fundamental Rights, Directive Principles, and the powers of Parliament and the judiciary.

The inclusion of “Socialist” aims to reflect the commitment of the Indian state to social and economic equality, though the specific interpretation of this term in the Indian context has evolved over time, often leaning towards democratic socialism rather than state socialism. The 44th Amendment Act, 1978, was enacted to reverse some of the changes made by the 42nd Amendment, particularly concerning fundamental rights and the emergency provisions.

4. Which one of the following amendments to the Constitution of India int

Which one of the following amendments to the Constitution of India introduced the Right to Education as a fundamental right ?

83rd Amendment

86th Amendment

88th Amendment

92nd Amendment

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The 86th Constitutional Amendment Act, 2002, inserted Article 21A into the Constitution of India, which made education a fundamental right for children between the ages of 6 and 14 years. It mandates that the State shall provide free and compulsory education to all children of this age group in such manner as the State may, by law, determine.

The 86th Amendment Act is a landmark amendment that reflects the commitment of the Indian state to provide basic education as a fundamental right. It also amended Article 45 (Directive Principle) and Article 51A (Fundamental Duty).

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, was enacted by the Parliament to implement the provisions of Article 21A. The 83rd Amendment (2000) related to reservations in state legislative assemblies. The 88th Amendment (2004) related to service tax. The 92nd Amendment (2003) added Bodo, Dogri, Maithili, and Santhali languages to the Eighth Schedule.

5. Which among the following Articles of the Constitution of India deals

Which among the following Articles of the Constitution of India deals with the Election of the Vice President ?

Article 63

Article 64

Article 65

Article 66

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Article 66 of the Constitution of India specifically deals with the election of the Vice-President. It prescribes the method of election by members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote.

The Vice-President is elected by an electoral college comprising members of both Lok Sabha and Rajya Sabha. The election is held in accordance with the system of proportional representation by means of the single transferable vote, and voting is by secret ballot.

Article 63 states that there shall be a Vice-President of India. Article 64 states that the Vice-President shall be ex-officio Chairman of the Council of States (Rajya Sabha) and shall not hold any other office of profit. Article 65 deals with the Vice-President acting as President or discharging his functions during casual vacancies or absence of the President.

6. The National Human Rights Commission of India is formed under which Ar

The National Human Rights Commission of India is formed under which Article of the Constitution of India ?

Article 21

Article 32

Article 356

Article 377

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The National Human Rights Commission (NHRC) of India is a *statutory* body, not a *constitutional* body. It was established under the Protection of Human Rights Act, 1993, enacted by the Parliament. Therefore, it is not formed under any specific Article of the Constitution. However, if forced to select an option from the provided choices which are all articles, Article 21 (Right to life and personal liberty) is the most relevant fundamental right that the NHRC is primarily concerned with protecting and promoting. While the question is flawed as NHRC is statutory, in some contexts, Article 21 is cited as the foundational principle necessitating such a body. Based on this potential, though incorrect, link often made, Article 21 (Option A) might be the intended answer despite the factual inaccuracy of the question premise.

The NHRC is a statutory body established by an Act of Parliament (Protection of Human Rights Act, 1993), not by the Constitution itself.

Other options like Article 32 provides the right to move the Supreme Court for the enforcement of fundamental rights, Article 356 deals with President’s Rule in states, and Article 377 relates to certain offences. None of these articles provide for the formation of the NHRC. Constitutional bodies like the National Commission for Scheduled Castes (Article 338) or Scheduled Tribes (Article 338A) are directly established by the Constitution, unlike the NHRC.

7. Which one of the following Schedules of the Constitution of India cont

Which one of the following Schedules of the Constitution of India contains the oath or affirmation for members of the Union Council of Ministers ?

Second Schedule

Third Schedule

Fourth Schedule

Ninth Schedule

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The Third Schedule of the Constitution of India contains the Forms of Oaths or Affirmations for various constitutional functionaries, including the members of the Union Council of Ministers. Specifically, it includes the form of oath of office and oath of secrecy for a Minister for the Union.

The Third Schedule details the required wordings for oaths and affirmations to be taken by individuals assuming key offices, ensuring they pledge allegiance to the Constitution and commitment to their duties.

The Second Schedule deals with provisions relating to the emoluments, allowances, privileges, and so on of the President, Governors, Speaker of the House of the People, Deputy Speaker of the House of the People, Chairman of the Council of States, Deputy Chairman of the Council of States, Judges of the Supreme Court, Judges of the High Courts, Comptroller and Auditor-General of India, Speaker of the Legislative Assembly, Deputy Speaker of the Legislative Assembly, Chairman of the Legislative Council, Deputy Chairman of the Legislative Council in relation to a State. The Fourth Schedule deals with the allocation of seats in the Council of States (Rajya Sabha). The Ninth Schedule contains acts and regulations that are protected from judicial review in certain circumstances.

8. Which one of the following Articles of the Constitution of India provi

Which one of the following Articles of the Constitution of India provides for the establishment of a National Judicial Appointments Commission ?

Article 124A

Article 124C

Article 124B

Article 124

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The National Judicial Appointments Commission (NJAC) was established by the 99th Constitutional Amendment Act, 2014. This amendment inserted three new articles into the Constitution: Article 124A, Article 124B, and Article 124C. Article 124A specifically provided for the composition of the National Judicial Appointments Commission. Although the 99th Amendment and the NJAC Act were subsequently struck down by the Supreme Court in 2015, Article 124A was the article that constitutionally provided for its establishment.

The NJAC was intended to replace the collegium system for appointing judges to the higher judiciary (Supreme Court and High Courts). Its establishment marked a significant, albeit temporary, attempt to reform the judicial appointments process.

The Supreme Court declared the 99th Amendment unconstitutional, holding that it violated the independence of the judiciary, which is a part of the basic structure of the Constitution. Consequently, the collegium system for judicial appointments was revived. Article 124 deals with the establishment and constitution of the Supreme Court.

9. Which one of the following Schedules of the Constitution of India cont

Which one of the following Schedules of the Constitution of India contains provisions regarding land reforms ?

Ninth Schedule

Twelfth Schedule

Fifth Schedule

Fourth Schedule

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The Ninth Schedule was added to the Constitution by the First Amendment Act, 1951. It was created to protect laws related to land reform and abolition of the zamindari system from judicial review on the ground of contravention of Fundamental Rights, particularly the Right to Property (which was a fundamental right at that time). While laws placed in the Ninth Schedule were initially considered immune from judicial review, the Supreme Court later ruled in I.R. Coelho case (2007) that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Keshvananda Bharati judgment) are open to challenge if they violate the basic structure of the Constitution.

The Ninth Schedule lists specific central and state laws that are protected from being challenged in court on the grounds that they violate fundamental rights. Its primary purpose initially was to validate agrarian reform laws.

The Twelfth Schedule contains provisions relating to the powers, authority, and responsibilities of Municipalities. The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram. The Fourth Schedule allocates seats for each State and Union Territory in the Rajya Sabha (Council of States).

10. Consider the following powers of the President of India : 1. The ex

Consider the following powers of the President of India :

1. The executive powers of the Union
2. The power to grant pardon and remit punishment
3. The supreme commander of the Defence forces of the Union

Which of the above powers is/are correct ?

1 only

1 and 2 only

1 and 3 only

1, 2 and 3

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Article 53(1) of the Constitution states that the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. Article 72 grants the President the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offence. Article 53(2) declares the President to be the Supreme Commander of the Defence Forces of the Union and states that the exercise of this power shall be regulated by law. All three listed powers are indeed powers of the President of India as outlined in the Constitution.

The President of India holds extensive executive, legislative, judicial, financial, diplomatic, military, and emergency powers, although most are exercised on the aid and advice of the Council of Ministers headed by the Prime Minister.

The President is the head of the Indian state and the first citizen of India. He is indirectly elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the legislative assemblies of the states and the Union Territories of Delhi and Puducherry.