UPSC IAS Archives

31. Consider the following statements: 1. If the election of the President

Consider the following statements:
1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid.
2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.
3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.
How many of the above statements are correct?

Only one

Only two

All three

None

This question was previously asked in

UPSC IAS – 2023

Download PDF Attempt Online

Statement 1 is incorrect. Article 71(2) of the Constitution of India explicitly states that “If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration.”

Statement 2 is incorrect. Article 62 of the Constitution mandates that an election to fill a vacancy in the office of President shall be held before the expiration of the term of office of the outgoing President. The election cannot be postponed on the ground that some Legislative Assemblies have been dissolved. The electoral college remains valid even if some state assemblies are dissolved; the election is based on the elected members existing at that time.

Statement 3 is incorrect. Article 111 of the Constitution, which deals with the President’s assent to Bills, does not prescribe any time limit within which the President must declare his/her assent or return the Bill (in case of ordinary Bills). The President can neither assent nor reject nor return the bill for an indefinite period, which is known as the ‘pocket veto’. This differs from the US President, who has a limited time frame.

– Acts done by the President before the Supreme Court declares the election void remain valid.
– Presidential election cannot be postponed due to dissolution of State Legislative Assemblies.
– The Constitution does not prescribe a time limit for the President to give assent to an ordinary Bill.

While the President has indefinite time for ordinary bills, for Constitutional Amendment Bills, the President is bound to give assent (24th Amendment Act, 1971). For Money Bills, the President can either give assent or withhold assent, but cannot return it for reconsideration (Article 111, read with Article 110).

32. Consider the following organizations/bodies in India: 1. The National

Consider the following organizations/bodies in India:
1. The National Commission for Backward Classes
2. The National Human Rights Commission
3. The National Law Commission
4. The National Consumer Disputes Redressal Commission
How many of the above are constitutional bodies?

Only one

Only two

Only three

All four

This question was previously asked in

UPSC IAS – 2023

Download PDF Attempt Online

Let’s examine the nature of each body:
1. The National Commission for Backward Classes (NCBC): Originally a statutory body, it was accorded constitutional status through the 102nd Amendment Act, 2018. Article 338B was added to the Constitution. Hence, it is a constitutional body.
2. The National Human Rights Commission (NHRC): Established by the Protection of Human Rights Act, 1993. It is a statutory body.
3. The National Law Commission: An executive body constituted by order of the Government of India. It is neither constitutional nor statutory.
4. The National Consumer Disputes Redressal Commission (NCDRC): Established under the Consumer Protection Act, 1986 (now replaced by the 2019 Act). It is a statutory body.

Therefore, only the National Commission for Backward Classes is a constitutional body among the given options.

– A constitutional body is established by the Constitution of India or derives its powers directly from the Constitution.
– A statutory body is established by an Act of Parliament or a State Legislature.
– An executive body is established by a resolution of the executive (government).

Examples of other constitutional bodies in India include the Election Commission, Union Public Service Commission, State Public Service Commissions, Finance Commission, National Commission for Scheduled Castes, National Commission for Scheduled Tribes, Comptroller and Auditor General of India, Attorney General of India, etc.

33. In India, which one of the following Constitutional Amendments was wid

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?

1st Amendment

42nd Amendment

44th Amendment

86th Amendment

This question was previously asked in

UPSC IAS – 2023

Download PDF Attempt Online

The 1st Constitutional Amendment Act, 1951, was enacted primarily to overcome certain judicial interpretations of Fundamental Rights. Specifically, it aimed to validate Zamindari abolition laws and other land reform measures that had been challenged in courts based on the Right to Property (Article 31). The Amendment added Articles 31A and 31B, and the Ninth Schedule, to protect such laws from judicial review on the grounds of contravention of Fundamental Rights. It also amended Article 19(1)(a) by adding new grounds for restricting freedom of speech and expression, following court judgments (like Ramesh Thappar case) that interpreted the scope of this right. This was the first significant instance where Parliament amended the constitution specifically to counter judicial decisions on Fundamental Rights.

The 1st Amendment is a landmark example of the legislature responding to judicial review by amending the Constitution, particularly in the context of Fundamental Rights, setting a precedent for future legislative-judicial interactions.

The 42nd Amendment Act, 1976, also sought to limit judicial review and enhance parliamentary supremacy, significantly impacting Fundamental Rights and their relationship with Directive Principles, partly as a reaction to judicial pronouncements like the Kesavananda Bharati case. However, the 1st Amendment was the initial and direct legislative measure aimed at overcoming specific judicial interpretations of Fundamental Rights related to property and speech.

34. Which one of the following statements best reflects the chief purpose

Which one of the following statements best reflects the chief purpose of the ‘Constitution’ of a country?

It determines the objective for the making of necessary laws.

It enables the creation of political offices and a government.

It defines and limits the powers of government.

It secures social justice, social equality and social security.

This question was previously asked in

UPSC IAS – 2023

Download PDF Attempt Online

The chief purpose of a constitution is to establish the fundamental principles, structure, powers, and duties of the government, while also defining and limiting the extent of governmental power to protect the rights and liberties of the citizens. It creates the framework for governance but, crucially, also acts as a restraint on the exercise of power, preventing arbitrary rule. Option C, “It defines and limits the powers of government,” best encapsulates this dual role, particularly the limiting aspect which is a hallmark of constitutionalism.

Constitutions are the supreme law of the land, laying down the structure of the state and its institutions. A core function is to ensure that governmental power is not absolute but is exercised within defined boundaries, often through a system of checks and balances and the enumeration of fundamental rights.

While enabling the creation of political offices (Option B) is part of establishing the government structure, it doesn’t include the equally important aspect of limiting power. Objectives for lawmaking (Option A) and securing social justice (Option D) are often goals stated in the preamble or directive principles, guided by the constitution’s framework, but the fundamental purpose of the constitution itself is the creation and regulation of power.

35. Consider the following statements: Statement-I: In India, prisons are

Consider the following statements:
Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
Which one of the following is correct in respect of the above statements?

Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I

Statement-I is correct but Statement-II is incorrect

Statement-I is incorrect but Statement-II is correct

This question was previously asked in

UPSC IAS – 2023

Download PDF Attempt Online

Statement-I is correct. Prisons are listed in List II (State List) of the Seventh Schedule to the Constitution of India. Therefore, State Governments have exclusive legislative and executive power over prisons, managing them with their own rules and regulations.
Statement-II is correct. The administration of prisons in India is primarily governed by the Prisons Act, 1894. This Act is a central law passed during the British era, and it explicitly placed the subject of prisons under the control of the Provincial Governments. After independence, this continued with State Governments.
Statement-II is the correct explanation for Statement-I. The legal framework established by the Prisons Act, 1894, assigning control to the Provincial Governments, is the reason why prisons are a State subject and managed by State Governments today with their specific rules.

Prisons are a State subject in India, meaning state governments have the primary responsibility for their administration and management, operating under the framework of the Prisons Act, 1894, and their own state-specific rules and regulations.

While the 1894 Act is the foundational law, states can amend it or pass their own comprehensive laws. The Union Government can issue advisories and provide assistance, but the operational control rests with the states.

36. In essence, what does ‘Due Process of Law’ mean?

In essence, what does ‘Due Process of Law’ mean?

The principle of natural justice

The procedure established by law

Fair application of law

Equality before law

This question was previously asked in

UPSC IAS – 2023

Download PDF Attempt Online

‘Due Process of Law’ is a legal principle that the state must respect all legal rights that are owed to a person according to the law. In essence, it means that when the state acts to deprive a person of life, liberty, or property, it must follow fair procedures, and the law itself must be fair, just, and reasonable. Option C, “Fair application of law,” best captures this essence, as it implies that the process is fair, and the law being applied is also just. Option B, “The procedure established by law,” is a contrasting concept, used in the Indian Constitution (Article 21 as originally interpreted) meaning the law can deprive a person of rights if a procedure is followed, even if the law itself is arbitrary. Due process includes fair procedure *and* fair law.

Due Process of Law is a broader concept than ‘Procedure Established by Law’. It serves as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. The Indian Supreme Court, through its interpretations, especially since the Maneka Gandhi case (1978), has incorporated the principle of ‘due process’ by requiring the procedure established by law to be ‘fair, just, and reasonable’.

Natural Justice (Option A) consists of minimum rules of fair procedure, such as the right to a fair hearing and the rule against bias, and is considered a component of Due Process. Equality before law (Option D) is a separate fundamental right (Article 14) ensuring that all individuals are subject to and protected by the law equally.

37. With reference to the establishment of a British settlement, which one

With reference to the establishment of a British settlement, which one of the following was/were adopted by the East India Company during the Charter Acts?

The Charter Act of 1793

The Charter Act of 1833

Both of the above

None of the above.

This question was previously asked in

UPSC IAS – 2023

Download PDF Attempt Online

The question is awkwardly phrased (“adopted by the East India Company during the Charter Acts”). It likely refers to provisions *within* the Charter Acts that facilitated or governed the “establishment of a British settlement,” interpreted as the presence and residence of British subjects in India. The Charter Act of 1833 is particularly significant because it explicitly removed restrictions on European immigration and settlement in India. Previously, permission was often required. This opened up India for increased settlement by British individuals, not just those associated with the East India Company. The Charter Act of 1793 primarily renewed the Company’s charter and continued its control, without such a significant provision regarding private European settlement.

The Charter Act of 1833’s provision allowing free entry and settlement for Europeans in India had long-term implications for the demographic and social landscape, leading to increased British presence outside of administrative and military roles.

The opening of India to European settlement was a contentious issue for a long time, partly due to fears that it might undermine the Company’s authority or lead to conflicts. The 1833 Act reflected a changing policy direction driven by economic liberalism and the assertion of direct British control.

38. By which one of the following Acts was the Governor General of Bengal

By which one of the following Acts was the Governor General of Bengal designated as the Governor General of India?

The Regulating Act

The Pitt's India Act

The Charter Act of 1793

The Charter Act of 1833

This question was previously asked in

UPSC IAS – 2023

Download PDF Attempt Online

The Charter Act of 1833 is historically significant for centralizing the British administration in India. One of its key provisions was redesignating the Governor-General of Bengal as the Governor-General of India. Lord William Bentinck, who was the Governor-General of Bengal at the time, became the first Governor-General of India under this Act.

This Act marked a shift from the East India Company’s role as a trading body with administrative functions to a purely administrative and political entity governing on behalf of the British Crown. It further consolidated British control over India.

The Regulating Act of 1773 created the post of Governor-General of Bengal. Pitt’s India Act of 1784 distinguished between the Company’s commercial and political activities and established the Board of Control. The Charter Act of 1793 extended the Company’s charter for 20 years.

39. Who among the following rulers of medieval Gujarat surrendered Diu to

Who among the following rulers of medieval Gujarat surrendered Diu to Portuguese?

Ahmad Shah

Mahmud Begarha

Bahadur Shah

Muhammad Shah

This question was previously asked in

UPSC IAS – 2023

Download PDF Attempt Online

Bahadur Shah, the Sultan of Gujarat, signed the Treaty of Bassein with the Portuguese in 1534. Under this treaty, he ceded the island of Bassein and its dependencies and granted the Portuguese permission to build a factory in Diu. Although the final Portuguese control over Diu was secured after conflicts and Bahadur Shah’s death in 1537, the process of surrendering control and allowing Portuguese presence in Diu began under his rule with this treaty, primarily to secure Portuguese help against the Mughal Emperor Humayun.

The strategic port of Diu was highly coveted by European powers, especially the Portuguese, for controlling trade routes. The internal political struggles in the Gujarat Sultanate, particularly conflicts with the Mughals, sometimes led rulers to seek alliances with European powers at the cost of territorial concessions.

The Portuguese eventually gained full control of Diu in 1537 after killing Bahadur Shah during negotiations and defeating subsequent attempts by the Gujarat Sultans and Ottoman Empire to retake it. Diu remained a Portuguese territory until 1961.

40. Who among the following rulers of Vijayanagara Empire constructed a la

Who among the following rulers of Vijayanagara Empire constructed a large dam across Tungabhadra River and canal-cum-aqueduct several a kilometres long from the river to the capital city?

Devaraya I

Mallikarjuna

Vira Vijaya

Virupaksha

This question was previously asked in

UPSC IAS – 2023

Download PDF Attempt Online

Devaraya I, a ruler of the Vijayanagara Empire (reigned 1406-1422 CE), is credited with undertaking significant hydraulic engineering works. Historical accounts, including that of the Italian traveler Niccolo de Conti who visited Vijayanagara during his reign, mention the construction of a large dam across the Tungabhadra river and an aqueduct system to supply water to the capital city, addressing the water scarcity issue in the region.

The rulers of Vijayanagara placed great importance on irrigation and water management due to the semi-arid climate of their region. Devaraya I’s hydraulic projects were crucial for the sustenance and growth of the capital city, Hampi.

Other notable Vijayanagara rulers like Krishnadevaraya also undertook irrigation projects, but the large dam and canal system on the Tungabhadra for the capital’s supply is specifically associated with Devaraya I. The remains of these structures can still be seen near Hampi.