UPSC Combined Section Officer Archives

11. Which one of the following is not a type of writ issued by the Supreme

Which one of the following is not a type of writ issued by the Supreme Court or the High Courts in India?

[amp_mcq option1=”Habeas corpus” option2=”Mandamus” option3=”Curfew” option4=”Certiorari” correct=”option3″]

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The correct option is C. Curfew is not a type of writ issued by the Supreme Court or High Courts in India.

– The Indian Constitution empowers the Supreme Court (under Article 32) and the High Courts (under Article 226) to issue writs for the enforcement of Fundamental Rights and for other purposes (in the case of High Courts).
– The five traditional types of writs are: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
– Habeas corpus is issued to produce a person who has been detained, before the court, and if the detention is found illegal, to set him/her free.
– Mandamus 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.
– Certiorari is issued by a higher court to a lower court or tribunal to quash the order passed by the latter in a case where it lacks jurisdiction or commits an error of law.
– 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.
– Quo Warranto is issued to inquire into the legality of the claim of a person to a public office.
– Curfew is an order imposed by authorities (typically police or military) restricting the movement of people in a particular area for a specific period, usually during times of unrest or emergency. It is an executive order, not a judicial writ.

The power to issue writs is a fundamental aspect of the judicial review power of the Supreme Court and High Courts, acting as a safeguard for constitutional rights and legal procedures.

12. Which one of the following actions/decisions/declarations has not been

Which one of the following actions/decisions/declarations has not been treated final under the Constitution of India?

[amp_mcq option1=”Dispensation of an enquiry into the misconduct of a civil servant on the ground that it was not practicable to hold the enquiry” option2=”A declaration made in a law made by the Parliament that it was for giving effect to the Directive Principle relating to economic system with a view to control concentration of wealth” option3=”Advice tendered by the Ministers to the President of India” option4=”Decision of the Speaker of the House of the People regarding disqualification of a member of that House on the ground of defection” correct=”option2″]

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The declaration made in a law made by the Parliament that it was for giving effect to the Directive Principle relating to economic system with a view to control concentration of wealth (under Article 31C) has not been treated final under the Constitution as interpreted by the Supreme Court.

A) Dispensation of enquiry into civil servant misconduct (Article 311(2) proviso): The grounds for dispensing enquiry are subject to judicial review, thus not treated final.
B) A declaration made in a law under Article 31C (regarding 39(b)/(c)): The 25th Amendment Act added Article 31C, which included a clause stating that a declaration by Parliament that a law is for giving effect to Article 39(b) or (c) shall not be called in question in any court. However, the Supreme Court in the Minerva Mills case (1980) held that judicial review is a basic feature of the Constitution and struck down this finality clause. Therefore, the declaration is not treated as final; courts can examine if the law has a direct and reasonable nexus with the DPSP it seeks to implement.
C) Advice tendered by the Ministers to the President (Article 74(2)): Article 74(2) explicitly states that the question of whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into by any court. This means the *content* of the advice is treated as final and non-justiciable by courts.
D) Decision of the Speaker regarding disqualification on the ground of defection (10th Schedule, Para 6): The 52nd Amendment Act (10th Schedule) initially stated that the Speaker’s decision on disqualification due to defection is final. However, the Supreme Court in the Kihoto Hollohan case (1993) ruled that the Speaker’s decision under the Tenth Schedule is subject to judicial review on grounds of mala fide, perversity, etc., thus not treated final.

Among the options where finality was intended by law but overturned by courts (B and D), option B directly refers to a legislative *declaration* whose finality was specifically challenged and removed by the Supreme Court’s interpretation of the basic structure doctrine, making it a prime example of something not treated final despite legislative intent. Option C is explicitly made final by the Constitution itself regarding court inquiry into advice content. Option A is administrative action subject to standard judicial review of grounds.

13. Which among the following Ministries of the Government of India is con

Which among the following Ministries of the Government of India is conducting the decennial census which rests to the Office of the Registrar General and Census Commission?

[amp_mcq option1=”The Ministry of Home Affairs” option2=”The Ministry of Information and Broadcasting” option3=”The Ministry of Education” option4=”The Ministry of Law and Justice” correct=”option1″]

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The decennial census in India is conducted under the aegis of the Ministry of Home Affairs.

The Office of the Registrar General and Census Commissioner of India, responsible for conducting the decennial census, functions under the administrative control of the Ministry of Home Affairs (MHA).

The Census is a statutory exercise conducted under the provisions of the Census Act, 1948. It is one of the largest administrative exercises in the country.

14. The Constitution of India does not require the constitution of Panchay

The Constitution of India does not require the constitution of Panchayats at

[amp_mcq option1=”village level” option2=”intermediate level with a population exceeding 20 lakhs” option3=”all intermediate levels” option4=”district level” correct=”option3″]

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The Constitution does not require the constitution of Panchayats at *all* intermediate levels.

The 73rd Constitutional Amendment Act mandates a three-tier system of Panchayati Raj: Village, Intermediate, and District levels (Article 243B). However, Article 243B(2) provides that Panchayats at the intermediate level may *not* be constituted in a State having a population *not exceeding twenty lakhs*. Therefore, the requirement for an intermediate level Panchayat is conditional on the state’s population. It is not required in states with a population up to 20 lakhs. Thus, the constitution of Panchayats is not required at *all* intermediate levels across the country or in every state irrespective of population.

Panchayats at the village and district levels are mandatory in all states where the three-tier system applies. The intermediate level (often block or taluk level) is optional for smaller states (population <= 20 lakhs).

15. Consider the following statements: The Constitution of India confers p

Consider the following statements:
The Constitution of India confers power on the Governor to reserve a Bill passed by a State Legislature for consideration by the President of India

1. when the Bill is inconsistent with any law made by the Parliament
2. for any Bill
3. when the Bill seeks to give effect to the Directive Principle mentioned under Article 39(b)

Which of the above statements is/are correct?

[amp_mcq option1=”1″ option2=”2 only” option3=”3 only” option4=”2 and 3″ correct=”option4″]

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Statements 2 and 3 describe circumstances or scope under which the Governor can reserve a Bill for the consideration of the President. Statement 1 also describes a valid ground. Given the options, 2 and 3 appear to be considered the correct answer.

Article 200 gives the Governor the power to reserve a Bill for the consideration of the President. This general power applies to any Bill passed by the State Legislature (Statement 2), except for Money Bills which have specific return procedures, although reservation is technically possible even for them.
Statement 3 is correct because Article 31C requires that any Bill seeking to give effect to the Directive Principle mentioned in Article 39(b) or 39(c) must be reserved for the consideration of the President.
Statement 1 is correct because inconsistency with a law made by Parliament, especially on a matter in the Concurrent List, is a common and important ground for reserving a Bill, often to seek President’s assent under Article 254(2) to allow the State law to prevail in the State.
The presence of option D (2 and 3) suggests that Statement 2 (“for any Bill” – implying the general power under Article 200) and Statement 3 (mandatory reservation under Article 31C) are considered correct circumstances for reservation, possibly prioritising the general power and a specific mandatory case over other potential reasons like Statement 1.

The Governor must also reserve a Bill for the President’s consideration if it would endanger the position of the High Court (Proviso to Article 200). Other grounds for reservation often cited include being ultra vires the Constitution, being against the larger interest of the country, or dealing with matters of grave national importance.

16. Which of the following States in India has the largest producer of cof

Which of the following States in India has the largest producer of coffee crop?

[amp_mcq option1=”Kerala” option2=”Maharashtra” option3=”Telangana” option4=”Karnataka” correct=”option4″]

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Karnataka is the largest producer of coffee crop in India.

Karnataka accounts for the major share of coffee production in India, typically around 70% of the total output. The primary coffee-growing regions in Karnataka are Chikmagalur, Kodagu (Coorg), and Hassan.

Kerala and Tamil Nadu are the second and third largest coffee-producing states, respectively. Indian coffee is well-known globally for its quality, particularly Arabica and Robusta varieties grown under shade.

18. Consider the following statements with regard to election of the Presi

Consider the following statements with regard to election of the President of India :

1. The members of the House of the People can vote.
2. The elected members of the Council of States can vote.
3. The elected members of the State Legislatures can vote.

Which of the above statements is/are not correct?

[amp_mcq option1=”1 only” option2=”2 only” option3=”3″ option4=”1 and 2″ correct=”option1″]

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Statement 1 is incorrect. Statements 2 and 3 are correct. The question asks for the statement(s) that is/are *not* correct.

Article 54 of the Constitution states that the President shall be elected by an electoral college consisting of: (a) the elected members of both Houses of Parliament; and (b) the elected members of the Legislative Assemblies of the States.
Statement 1 says “The members of the House of the People can vote”. This is incorrect because only *elected* members of the House of the People (Lok Sabha) are part of the electoral college; nominated members cannot vote.
Statement 2 says “The elected members of the Council of States can vote”. This is correct.
Statement 3 says “The elected members of the State Legislatures can vote”. This is correct.

Nominated members of Rajya Sabha, Lok Sabha, and State Legislative Assemblies, as well as members of State Legislative Councils (Vidhan Parishads), are not part of the electoral college for the President’s election. The election is held in accordance with the system of proportional representation by means of the single transferable vote.

19. Consider the following statements with regard to the Fundamental Right

Consider the following statements with regard to the Fundamental Rights :

1. The Parliament has power to modify the rights conferred by Part III of the Constitution of India with regard to persons employed in telecommunication systems of certain categories.
2. During the course of enforcement of martial law in any area, restrictions can be imposed on the exercise of the Fundamental Rights.
3. The Fundamental Rights cannot be overridden for implementing any of the Directive Principles of State Policy.

Which of the above statements is/are not correct?

[amp_mcq option1=”1 only” option2=”2 only” option3=”3 only” option4=”1, 2 and 3″ correct=”option3″]

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Statement 3 is incorrect. Statements 1 and 2 are correct. The question asks for the statements that are *not* correct.

Statement 1: Article 33 of the Constitution empowers Parliament to modify the application of Fundamental Rights to members of the armed forces, police forces, intelligence personnel, and persons employed in telecommunication systems related to these forces/bureaus, to ensure the proper discharge of their duties and the maintenance of discipline. This statement is correct.
Statement 2: Article 34 empowers Parliament to restrict Fundamental Rights while martial law is in force in any area. This statement is correct.
Statement 3: This statement is incorrect. While Fundamental Rights generally hold a higher position than Directive Principles, Article 31C provides an exception. It states that laws made to give effect to the Directive Principles in Article 39(b) and 39(c) cannot be challenged on the grounds of contravening Articles 14 or 19. Originally, the 42nd Amendment extended this protection to laws implementing any DPSP, but the Supreme Court in the Minerva Mills case struck down this extension, upholding Article 31C only for Articles 39(b) and 39(c). Therefore, Fundamental Rights under Articles 14 and 19 *can* be overridden by laws implementing Articles 39(b) and 39(c).

The relationship between Fundamental Rights and Directive Principles has been a subject of judicial interpretation, evolving from giving primacy to FRs (Champakam Dorairajan case) to a balance and harmony (Minerva Mills case), with Article 31C representing a specific constitutional provision giving precedence to certain DPSPs over certain FRs.

20. Consider the following statements with reference to the Constitution o

Consider the following statements with reference to the Constitution of India :

1. The word ‘socialist’ used in the Preamble is directly related to the principles contained under Article 39.
2. The word ‘secular’ used in the Preamble is directly related to Article 29.
3. The words ‘unity and integrity of the nation’ used in the Preamble are directly related to Article 51A.

Which of the above statements are correct?

[amp_mcq option1=”1 and 2 only” option2=”2 and 3 only” option3=”1 and 3 only” option4=”1, 2 and 3″ correct=”option3″]

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Statements 1 and 3 are correct, while statement 2 is incorrect.

Statement 1: The word ‘socialist’ in the Preamble aims at securing socio-economic justice. Article 39, a Directive Principle of State Policy, directs the state to ensure that the economic system does not result in the concentration of wealth and means of production to the common detriment and that there is equitable distribution of material resources, directly reflecting socialist principles.
Statement 3: The words ‘unity and integrity of the nation’ in the Preamble are directly related to Fundamental Duties under Article 51A, particularly 51A(c) (“to uphold and protect the sovereignty, unity and integrity of India”) and 51A(e) (“to promote harmony and the spirit of common brotherhood…”).
Statement 2: The word ‘secular’ in the Preamble signifies that India is a secular state. While Article 29 deals with the protection of the interests of minorities (language, script, culture), the principle of secularism is more directly reflected in Articles 25-28, which guarantee the freedom of religion to all persons.

The words ‘socialist’, ‘secular’, and ‘integrity’ were added to the Preamble by the 42nd Constitutional Amendment Act, 1976. Directive Principles (Part IV, Articles 36-51) provide guidelines for the state to establish a just and equitable social order, aligning with socialist ideals. Fundamental Duties (Part IVA, Article 51A) emphasize the responsibilities of citizens towards the nation, including maintaining unity and integrity.