2010 Archives

1. Consider the following statements regarding the Attorney General of In

Consider the following statements regarding the Attorney General of India:

1. He is appointed by the President.
2. He must have the same qualifications as are required for a Judge of the Supreme Court.
3. He has the right to speak in the Houses of Parliament and also to vote.

Which of the statements given above is/are correct?

1 and 2 only

1 and 3 only

2 and 3 only

1, 2 and 3

This question was previously asked in

UPSC CAPF – 2010

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

The Attorney General is a key functionary appointed by the President with specific qualifications, enjoying rights in Parliament but not the right to vote.

1. Statement 1 is correct. Article 76(1) of the Constitution states that the President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney General for India.
2. Statement 2 is correct. Article 76(1) specifies that the person appointed as AG must have the same qualifications as are required for a Judge of the Supreme Court.
3. Statement 3 is incorrect. Article 88 of the Constitution grants the Attorney General the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member. However, the same article explicitly states he “shall not by virtue of this article be entitled to vote”.

2. With reference to the Delimitation Commission in India, consider the f

With reference to the Delimitation Commission in India, consider the following statements:

1. The orders of the Delimitation Commission cannot be challenged in any court of law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot be modified.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

This question was previously asked in

UPSC CAPF – 2010

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Both statement 1 and statement 2 are correct regarding the Delimitation Commission.

Orders issued by the Delimitation Commission have legal force and are typically immune from judicial review and legislative modification once finalized and laid before Parliament/Assemblies.

1. Statement 1 is correct. Article 329(a) of the Constitution bars any court from inquiring into the validity of any law relating to the delimitation of constituencies or the allotment of seats made or purporting to be made under such law. The orders of the Delimitation Commission are issued under relevant Delimitation Acts passed by Parliament, and these Acts further specify that the Commission’s orders cannot be challenged in court.
2. Statement 2 is correct. Delimitation Commission orders are laid before the Lok Sabha and the concerned State Legislative Assemblies, but the Constitution and the Delimitation Acts explicitly state that they cannot be modified by Parliament or the State Assembly. They are laid only for information.

3. With reference to the Constitution of India, consider the following st

With reference to the Constitution of India, consider the following statements:

1. Parliament cannot enlarge the jurisdiction of the Supreme Court of India as its jurisdiction is limited to that conferred by the Constitution.
2. The conditions of service of the Judges of the Supreme Court are prescribed by the Constitution.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

This question was previously asked in

UPSC CAPF – 2010

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Both statement 1 and statement 2 are incorrect.

Parliament possesses the power to expand the Supreme Court’s jurisdiction and legislate on the conditions of service of its judges.

1. Statement 1 is false. Article 138 of the Constitution provides that Parliament may by law confer on the Supreme Court such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may deem fit. Article 140 allows Parliament to confer supplemental powers by law.
2. Statement 2 is false. Article 125(2) states that the salaries, privileges, allowances, and rights in respect of leave of absence and pension of Judges of the Supreme Court “shall be such as may be determined by and by or under law made by Parliament”. The Constitution itself does not prescribe the specific conditions, but empowers Parliament to do so.

4. In the context of the Constitution of India, which one of the followin

In the context of the Constitution of India, which one of the following statements is correct?

The President shall not be answerable to any court for the exercise and performance of the powers and duties of his office.

Subject to the provisions of this Constitution, the Supreme Court shall have power to review any judgment pronounced or order made by it.

No discussions shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge.

No High Court shall have superintendence over any court or tribunal lower to it.

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UPSC CAPF – 2010

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Statement A is correct. Article 361(1) of the Indian Constitution provides immunity to the President from being answerable to any court for the exercise and performance of the powers and duties of his office.

The Constitution grants certain immunities to the President and Governors in their official capacity.

Statement A is a direct reflection of Article 361(1). Statement B is correct that the Supreme Court has review power (Article 137), but the phrasing “Subject to the provisions of this Constitution” is broad; Article 137 specifies “Subject to the provisions of any law made by Parliament or any rules made under article 145”. Statement C is also correct (Article 121 restricts parliamentary discussion of judges’ conduct except for removal motion). Statement D is incorrect; High Courts do have superintendence over subordinate courts and tribunals (Article 227). Comparing A and C, A is a fundamental immunity related to the head of state’s function, while C is a restriction on legislative discussion safeguarding judicial independence. In the context of a single correct answer, A represents a direct constitutional grant of immunity to the President.

5. With reference to the Scheduled Areas in India, consider the following

With reference to the Scheduled Areas in India, consider the following statements:

1. A State having Scheduled Areas may make regulations for the peace and good government of the Scheduled Areas.
2. Such regulations may prohibit or restrict the transfer of land by or among members of the Scheduled Tribes.
3. The Governor of the concerned State is empowered to make such regulations only after consulting the Tribal Advisory Council.

Which of the statements given above is/are correct?

1 and 2 only

2 and 3 only

1 and 3 only

1, 2 and 3

This question was previously asked in

UPSC CAPF – 2010

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All three statements regarding the Scheduled Areas in India are correct as per the Fifth Schedule of the Constitution.

The Fifth Schedule provides special provisions for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram, emphasizing the role of the Governor and the Tribal Advisory Council.

Paragraph 5(1) of the Fifth Schedule empowers the Governor to make regulations for the peace and good government of any area in a State which is for the time being a Scheduled Area. Paragraph 5(2) specifies that such regulations may, in particular, (a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area; (b) regulate the allotment of land to members of the Scheduled Tribes in such area. Paragraph 5(4) requires that the Governor shall make any such regulation only after consulting the Tribal Advisory Council for the State. Thus, all statements are constitutionally accurate.

6. Consider the following statements: 1. According to the Indian Const

Consider the following statements:

1. According to the Indian Constitution, the same person cannot be appointed as Governor for two or more States at the same time.
2. The Supreme Court of India has held that a person appointed as Governor of a State cannot be transferred to another State for the rest of his tenure.
3. The Governor’s salary and allowances are charged on the Consolidated Fund of India.
4. In the event of the resignation of a Governor, the duties of the office are performed by the senior-most Judge of the Supreme Court.

Which of the statements given above is/are correct?

1 and 2

1 and 3

2 and 4

None

This question was previously asked in

UPSC CAPF – 2010

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None of the statements regarding the Governor are correct.

Statements about the Governor’s appointment for multiple states, transfer, salary source, and succession are often testing points on the nuances of the constitutional office.

1. The 7th Constitutional Amendment Act of 1956 enabled the appointment of the same person as Governor for two or more States (Article 153). So, statement 1 is false.
2. A Governor holds office during the pleasure of the President and can be transferred from one state to another. The Supreme Court has upheld this power. So, statement 2 is false.
3. The salary and allowances of the Governor are charged on the Consolidated Fund of the State (Article 202(3)(a)). If appointed for two or more states, the salary and allowances payable to him are allocated among the States in such proportion as the President may by order determine (Article 158(3A)). They are not charged on the Consolidated Fund of India. So, statement 3 is false.
4. In the event of the death or resignation of a Governor, or in other contingencies, the Chief Justice of the concerned State High Court (or in his absence, the senior-most Judge of that High Court available) usually performs the duties of the Governor until a new Governor is appointed or the existing one resumes duty. The senior-most Judge of the Supreme Court performs the duties of the President in specific circumstances (Article 65). So, statement 4 is false.

7. The ‘Right to Privacy’ is protected under which Article of the Constit

The ‘Right to Privacy’ is protected under which Article of the Constitution of India?

Article 15

Article 19

Article 21

Article 29

This question was previously asked in

UPSC CAPF – 2010

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The ‘Right to Privacy’ is not explicitly mentioned as a separate fundamental right in the Constitution of India. However, the Supreme Court of India, through various judgments, has interpreted the existing fundamental rights to include the right to privacy. In the landmark judgment of K.S. Puttaswamy v. Union of India (2017), a nine-judge bench of the Supreme Court unanimously declared that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution.

– Article 21 guarantees the protection of life and personal liberty.
– The Supreme Court has interpreted Article 21 broadly to include various aspects of personal liberty, including the right to privacy.
– The K.S. Puttaswamy case (2017) affirmed the right to privacy as a fundamental right under Article 21.

While Article 21 is the primary basis, the right to privacy also has dimensions that overlap with other fundamental rights like freedom of speech and expression (Article 19(1)(a)) and freedom of movement (Article 19(1)(d)).

8. Which one of the following is not a fundamental right?

Which one of the following is not a fundamental right?

Right to equality

Right to liberty

Right against exploitation

Right to property

This question was previously asked in

UPSC CAPF – 2010

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Fundamental Rights are enshrined in Part III of the Constitution of India (Articles 12-35).
– Right to equality (Articles 14-18) is a fundamental right.
– Right to liberty (primarily covered under Articles 19-22, including Right to Freedom and Right to Life and Personal Liberty) is a fundamental right.
– Right against exploitation (Articles 23-24) is a fundamental right.
– Right to property was originally a fundamental right under Article 31. However, it was removed from the list of fundamental rights by the 44th Amendment Act, 1978, and made a legal right under Article 300A in Part XII of the Constitution.

– Fundamental Rights are guaranteed by the Constitution in Part III.
– The Right to Property was a fundamental right but is now only a legal right.

Making the Right to Property a legal right meant that it could be regulated or acquired by the state through due process of law and payment of compensation, without attracting the strict limitations placed on the abridgement of fundamental rights.

9. Consider the following statements regarding Judicial Review: 1. The

Consider the following statements regarding Judicial Review:

1. The Constitution of India has explicitly provided for the system of Judicial Review.
2. Judicial Review is a basic feature of the Constitution.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

This question was previously asked in

UPSC CAPF – 2010

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Let’s analyze the statements:
1. The Constitution of India has explicitly provided for the system of Judicial Review. This statement is often considered incorrect. While the *power* of judicial review is derived from various articles of the Constitution (e.g., Article 13 declaring laws inconsistent with Fundamental Rights void, Articles 32 and 226 providing writ jurisdiction, Articles 131-136, 245, 246), the *term* “Judicial Review” is not explicitly mentioned in the Constitution. Furthermore, the *system* of judicial review, encompassing the review of legislative, executive, and constitutional actions, and its scope and principles (like the Basic Structure doctrine), has largely evolved through judicial interpretation and precedents over time rather than being explicitly laid out as a comprehensive system in the text of the Constitution itself.
2. Judicial Review is a basic feature of the Constitution. This statement is correct. The Supreme Court in the Kesavananda Bharati case (1973) and subsequent judgments has held that Judicial Review is an integral part of the basic structure of the Constitution. This means the power of judicial review cannot be taken away or abrogated even by amending the Constitution.

– The term “Judicial Review” is not explicitly mentioned in the Constitution.
– The power of judicial review is derived from various articles (e.g., 13, 32, 226).
– Judicial Review has been declared a part of the Basic Structure of the Constitution by the Supreme Court.

Judicial Review allows the courts to examine the constitutionality of legislative enactments and executive orders of both the Central and State Governments. If they are found to be violative of the provisions of the Constitution, they can be declared illegal, unconstitutional, and invalid by the Supreme Court and the High Courts. This power is crucial for maintaining the supremacy of the Constitution and upholding fundamental rights.

10. Match List-I with List-II and select the correct answer using the code

Match List-I with List-II and select the correct answer using the code given below the lists:

List-I (Act)	List-II (Year)
A. The Dowry Prohibition Act	1. 1961
B. The Immoral Traffic (Prevention) Act	2. 1956
C. The Indecent Representation of Women (Prohibition) Act	3. 1986
D. The Protection of Women from Domestic Violence Act	4. 2005

1 2 3 4

2 1 3 4

1 2 4 3

2 1 4 3

This question was previously asked in

UPSC CAPF – 2010

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Matching the Acts with their years of enactment:
– The Dowry Prohibition Act was enacted in 1961. (A-1)
– The Immoral Traffic (Prevention) Act was originally enacted as The Suppression of Immoral Traffic in Women and Girls Act in 1956 and renamed as Immoral Traffic (Prevention) Act in 1986. The year 1956 refers to the original enactment. (B-2)
– The Indecent Representation of Women (Prohibition) Act was enacted in 1986. (C-3)
– The Protection of Women from Domestic Violence Act was enacted in 2005. (D-4)

The correct matches are A-1, B-2, C-3, D-4. This corresponds to option A.

– Dowry Prohibition Act: 1961
– Immoral Traffic (Prevention) Act: Original Act 1956 (as SITA), amended and renamed 1986 (as ITPA).
– Indecent Representation of Women (Prohibition) Act: 1986
– Protection of Women from Domestic Violence Act: 2005

These Acts represent significant legislative efforts in India to address social issues affecting women and vulnerable populations, dealing with matters like dowry, trafficking, inappropriate representation, and domestic violence.