2010 Archives

11. With reference to the finance of Municipalities, consider the followin

With reference to the finance of Municipalities, consider the following statements:

1. Municipalities are not empowered to levy professional tax.
2. Municipalities cannot levy taxes on lands and buildings.

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 examine each statement regarding the finance of Municipalities:
1. Municipalities are not empowered to levy professional tax. This statement is incorrect. State Legislatures, under Article 243X of the Constitution, can authorize Municipalities to levy various taxes. Professional tax is a common source of revenue for urban local bodies (and sometimes rural local bodies) in many states, levied under state laws made pursuant to the powers derived from the Constitution.
2. Municipalities cannot levy taxes on lands and buildings. This statement is incorrect. Property tax (tax on lands and buildings) is the most significant and ubiquitous source of own-source revenue for Municipalities across India. Their power to levy property tax is derived from state municipal laws enacted under Article 243X.

– Part IXA of the Constitution (Articles 243P to 243ZG) deals with Municipalities.
– Article 243X empowers the State Legislature to authorize Municipalities to levy, collect, and appropriate taxes, duties, tolls, and fees.
– Property tax and professional tax are common taxes levied by Municipalities based on authorization by state laws.

The financial powers and resources of Municipalities are crucial for their functioning as institutions of self-government. State Finance Commissions are constituted to review the financial position of Municipalities and make recommendations regarding the distribution of taxes, duties, tolls, and fees between the State and the Municipalities, allocation of grants-in-aid, etc.

12. Consider the following statements: 1. According to the Mines and Mi

Consider the following statements:

1. According to the Mines and Minerals (Development and Regulation) Amendment Act, 2015, the State Governments are not empowered to grant mining leases of major minerals.
2. The Mines and Minerals (Development and Regulation) Act, 1957 specifies the scope, period, and other conditions of mining leases of minor minerals.

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 examine each statement:
1. According to the Mines and Minerals (Development and Regulation) Amendment Act, 2015, the State Governments are not empowered to grant mining leases of major minerals. This statement is incorrect. The 2015 amendment mandated auction for the grant of mining leases and prospecting licenses for major minerals. While the process changed to auction (conducted by the state or central government depending on the mineral), the power to *grant* the lease based on the auction results still largely rests with the State Government (as per Section 11 of the MMDR Act, 1957, which requires the grant to be made to the successful bidder). State Governments are indeed empowered to grant these leases following the prescribed auction procedure.
2. The Mines and Minerals (Development and Regulation) Act, 1957 specifies the scope, period, and other conditions of mining leases of minor minerals. This statement is incorrect. Section 15 of the MMDR Act, 1957 empowers the *State Governments* to make rules for regulating the grant of mining leases and other concessions in respect of *minor minerals* and for purposes connected therewith. The Act itself lays down the framework, but the detailed specification of scope, period, conditions, etc., for minor minerals is done by the respective State Governments through rules made under Section 15.

– The MMDR Act, 1957 regulates the mining sector in India.
– The 2015 amendment primarily reformed the grant process for major minerals, making auction mandatory.
– Regulation of minor minerals is largely delegated to the State Governments under Section 15 of the Act, allowing them to frame rules regarding their grant, scope, period, and conditions.

The distinction between major and minor minerals is defined under the MMDR Act. Schedule I of the Act lists certain minerals that are subject to central regulation regarding prospecting licenses and mining leases (like coal, atomic minerals). For other major minerals, State Governments are the primary regulators, subject to the provisions of the Central Act and rules made thereunder.

13. An amendment bill to the Constitution of India requires to be ratified

An amendment bill to the Constitution of India requires to be ratified by legislatures of not less than one half of the states if it seeks to make any change in :

1. Article 54 of the Constitution.
2. any of the Lists in the Seventh Schedule.
3. the representation of states in the Parliament.

Select the correct answer using the code given below :

1 and 2 only

1, 2 and 3

2 and 3 only

1 and 3 only

This question was previously asked in

UPSC CAPF – 2010

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Article 368 of the Constitution of India provides for the amendment procedure. Certain amendments, particularly those affecting the federal structure, require ratification by the legislatures of not less than one-half of the states, in addition to being passed by a special majority in both Houses of Parliament. The matters requiring state ratification are listed in the proviso to Article 368(2). These include:
1. The election of the President (Articles 54, 55).
2. The extent of the executive power of the Union and States.
3. The Supreme Court and the High Courts.
4. Distribution of legislative powers between the Union and the States.
5. Any of the Lists in the Seventh Schedule.
6. The representation of States in Parliament.
7. The power of Parliament to amend the Constitution and the procedure therefor (Article 368 itself).

Statement 1 (Article 54 – Election of the President) is covered under point 1.
Statement 2 (any of the Lists in the Seventh Schedule) is covered under point 5.
Statement 3 (the representation of states in the Parliament) is covered under point 6.

All three statements mention matters that require ratification by not less than one-half of the state legislatures.

– Amendments to the Constitution are broadly categorized into simple majority, special majority, and special majority plus state ratification.
– State ratification is required for amendments affecting the federal features of the Constitution.

The requirement of state ratification ensures that amendments impacting the federal scheme have the consent of a significant number of states, upholding the federal spirit of the Constitution.

14. Which one among the following disputes is not included in the ‘origi

Which one among the following disputes is *not* included in the ‘original jurisdiction’ of the Supreme Court of India ?

Between the Government of India and one or more states

Between the Government of India and one or more citizens of India

Between the Government of India and any state or states on one side and one or more states on the other

Between two or more states

This question was previously asked in

UPSC CAPF – 2010

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The ‘original jurisdiction’ of the Supreme Court of India is defined in Article 131 of the Constitution. It covers disputes between:
– The Government of India and one or more States.
– The Government of India and any State or States on one side and one or more other States on the other.
– Two or more States, if the dispute involves a question (whether of law or fact) on which the existence or extent of a legal right depends.
The original jurisdiction *does not* extend to disputes between the Government of India and its citizens, or between States and citizens, or between citizens. Such disputes typically fall under the jurisdiction of High Courts or subordinate courts, or the Supreme Court’s appellate or writ jurisdiction depending on the nature of the case.

– Supreme Court’s original jurisdiction (Article 131) primarily deals with federal disputes between the Union and States, or between States inter se.
– Disputes involving citizens are generally outside the scope of the Supreme Court’s original jurisdiction under Article 131.

The Supreme Court also has original jurisdiction under Article 32 regarding the enforcement of fundamental rights, but this is distinct from the federal dispute jurisdiction under Article 131. Article 131 is exclusive original jurisdiction for specified federal disputes.

15. The Constitution of India :

The Constitution of India :

does not provide any clause regarding the President's re-election to the office.

restricts the President's tenure to a maximum two terms.

has been amended to allow a person for only one term as President.

allows re-election of a person to the President's post.

This question was previously asked in

UPSC CAPF – 2010

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Article 57 of the Constitution of India explicitly deals with the eligibility for re-election of the President. It states that a person who holds or has held office as President shall be eligible for re-election to that office, subject to other provisions of the Constitution. Therefore, the Constitution allows re-election of a person to the President’s post.

– Article 57: “Eligibility for re-election.—A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office.”
– There is no constitutional limit on the number of terms a person can serve as President in India, unlike, for example, the USA (where it is limited to two terms).

While the Constitution permits multiple terms, no person has served more than two terms as President of India so far (Dr. Rajendra Prasad served two terms). The practice has been for Presidents to serve one term, though re-election is constitutionally permissible.

16. Identify the correct sequence of the procedure in respect of the Money

Identify the correct sequence of the procedure in respect of the Money Bill :

Voting of grants—Vote on account—Cut motions—Appropriation bill

Vote on account—Voting of grants—Appropriation bill—Cut motions

Voting of grants—Cut motions—Vote on accounts—Appropriation bill

Vote on accounts—Appropriation bill—Voting of grants—Cut motions

This question was previously asked in

UPSC CAPF – 2010

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The correct sequence of the procedure in respect of the Money Bill, specifically concerning expenditure authorization, involves several stages. When a Vote on Account is necessary (e.g., before the full budget is passed), it precedes the detailed discussion and voting on demands for grants. Cut motions are part of the debate and voting process on demands for grants. The Appropriation Bill is passed after the demands for grants are voted upon, as it provides the legal authority to withdraw money from the Consolidated Fund of India based on the approved grants. Thus, the logical sequence among the elements listed is Vote on account (if applicable), followed by Voting of grants (during which cut motions are discussed), and finally the Appropriation Bill. Option B presents the order: Vote on account—Voting of grants—Appropriation bill. While the placement of “Cut motions” at the end of option B is not perfectly reflective of the parliamentary procedure (as they are discussed during voting on grants), the sequence of the major stages (Vote on account, Voting of grants, Appropriation bill) is correctly ordered only in option B among the choices provided.

– The budget process includes presenting the budget, general discussion, scrutiny by committees, voting on demands for grants, passing of the Appropriation Bill, and passing of the Finance Bill.
– Vote on Account is a grant made in advance by Parliament in respect of the estimated expenditure for a part of a financial year, pending the passing of the regular appropriation bill. It comes before the detailed voting on grants.
– Voting on Demands for Grants occurs after general discussion and scrutiny, where the Lok Sabha votes on the proposed expenditures for various ministries/departments.
– Cut Motions are parliamentary devices used during the discussion on demands for grants to reduce the amount of a demand.
– The Appropriation Bill is a Money Bill required to draw money from the Consolidated Fund of India to meet the grants voted by the Lok Sabha and the expenditure charged on the Consolidated Fund. It is passed after the demands for grants are voted.

The detailed procedure for passing the budget is lengthy. The stages mentioned in the options are key steps related to authorizing expenditure. Vote on Account is used when the full budget process cannot be completed by the start of the financial year (April 1st). The sequence presented in option B captures the relative order of Vote on Account, Voting on Demands for Grants, and the Appropriation Bill, which are the primary processes among the listed items.

17. Consider the following treaties/agreements : 1. Indira-Mujib treaty.

Consider the following treaties/agreements :

1. Indira-Mujib treaty.
2. Indo-Sri Lanka free trade agreement.
3. Indo-Bhutan treaty of friendship.
4. Indo-Myanmar border trade agreement.

Which one of the following is the correct chronological order of the above (starting with the earliest) ?

1-2-3-4

4-2-1-3

3-1-4-2

3-4-1-2

This question was previously asked in

UPSC CAPF – 2010

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The correct chronological order of the given treaties/agreements is 3-1-4-2.
3. Indo-Bhutan treaty of friendship: Signed in 1949 (specifically August 8, 1949).
1. Indira-Mujib treaty (Boundary Agreement): Signed in 1974 (specifically May 16, 1974). This treaty resolved border issues between India and Bangladesh.
4. Indo-Myanmar border trade agreement: Signed in 1994 (specifically January 21, 1994).
2. Indo-Sri Lanka free trade agreement: Signed in 1998 (specifically December 28, 1998).

Arranging these by year gives: 1949, 1974, 1994, 1998, which corresponds to the order 3, 1, 4, 2.

– Indo-Bhutan Treaty of Friendship (1949) established close ties and guided relations.
– Indira-Mujib Treaty (1974) aimed at resolving border disputes between India and Bangladesh.
– Indo-Myanmar Border Trade Agreement (1994) facilitated trade across the shared border.
– India-Sri Lanka Free Trade Agreement (1998) was India’s first bilateral FTA.

The Indo-Bhutan Treaty of Friendship was updated in 2007, but the original treaty dates back to 1949. The question likely refers to the original unless a specific year is mentioned.

18. Which one of the following statements is not correct ? (a) It is t

Which one of the following statements is *not* correct ?

(a) It is the responsibility of the Election Commission to get the names of all eligible voters put on the voters list
(b) Normally a complete revision of the list takes place every five years
(c) Possessing Election Photo Identity Card is compulsory for voting
(d) In rare situations, some criminals and persons with unsound mind can be denied the right to vote

(a)

(b)

(c)

(d)

This question was previously asked in

UPSC CAPF – 2010

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Statement (c) is not correct. While the Election Photo Identity Card (EPIC) is the most common and preferred document for identification at polling booths in India, it is not compulsory for voting. The Election Commission of India permits voters to use several other approved documents as proof of identity, provided their name is on the electoral roll. These documents include passport, driving license, Aadhaar card, service identity cards, etc.

– The Election Commission is responsible for preparing and updating the electoral rolls.
– Electoral rolls are revised periodically; a complete revision is usually done annually, not just every five years.
– While EPIC is widely used, multiple alternative identity documents are accepted for voting.
– The right to vote can be legally denied to persons convicted of certain criminal offences or those declared of unsound mind by a court.

The requirement for identifying voters is to prevent impersonation. The list of acceptable alternative identity documents is notified by the Election Commission before each election. Statement (b) about the frequency of complete revision is also debatable, as revisions are more frequent (annual summary revision), but the statement about EPIC being compulsory is definitively false.

19. Which one among the following is the basis of difference between the P

Which one among the following is the basis of difference between the Parliamentary and Presidential system of government ?

Power of Judicial review

Method of election of President/Head of the State

Legislative supremacy in law making

Relation between the legislature and the executive

This question was previously asked in

UPSC CAPF – 2010

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The most fundamental difference between the Parliamentary and Presidential systems of government lies in the relationship between the executive and the legislature. In a Parliamentary system (like India or the UK), the executive (Cabinet, headed by the Prime Minister) is drawn from the legislature and is collectively responsible to the legislature. The executive remains in power as long as it retains the confidence of the legislature. In a Presidential system (like the USA), the executive (President and their appointed cabinet) is separate from the legislature and is not directly responsible to it; the President is elected independently and serves a fixed term.

– Parliamentary System: Executive is part of and responsible to the legislature (fusion of powers).
– Presidential System: Executive is separate from and not directly responsible to the legislature (separation of powers).
– Other differences stem from this primary distinction, such as the method of choosing the head of government, tenure of the executive, and checks and balances.

While checks and balances exist in both systems, the nature of accountability of the executive to the legislature is the defining characteristic. Judicial review is a feature of the judiciary, present in varying degrees in both systems. Method of election varies, and legislative supremacy is more characteristic of pure parliamentary systems like the UK (though limited in India by the Constitution and judiciary).

20. Which one among the following was not correct about Permanent Settle

Which one among the following was *not* correct about Permanent Settlement in India ?

It was introduced by Lord Cornwallis

It was implemented in Bengal and Bihar

Zamindars were only revenue collectors but not the owners of the land

The cultivators were reduced to the status of tenants

This question was previously asked in

UPSC CAPF – 2010

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Statement C is not correct about the Permanent Settlement. Under the Permanent Settlement (introduced in 1793), Zamindars were recognized as the proprietors (owners) of the land in their zamindaris, not merely as revenue collectors. They were required to pay a fixed amount of revenue to the British East India Company by a specific date, failing which their zamindari could be auctioned off. This made the Zamindars landowners with hereditary rights, unlike the previous system where they were essentially intermediaries collecting revenue on behalf of the state.

– Introduced by Lord Cornwallis in 1793 in Bengal, Bihar, and Orissa.
– Made Zamindars the hereditary owners of the land.
– Revenue demand was fixed permanently for the Zamindars.
– Cultivators were reduced to the status of tenants, often without security of tenure.
– Aimed to ensure a stable revenue income for the Company and create a loyal class of landlords.

The system created a class of absentee landlords and often led to the oppression of peasants, as Zamindars extracted high rents from their tenants to meet the fixed revenue demand.