2017

61. Which one of the following statements with regard to Constitutional Am

Which one of the following statements with regard to Constitutional Amendments is correct ?

[amp_mcq option1=”The Constitutional provisions relating to the election of the President of India can be amended simply by obtaining a special majority.” option2=”Amendment of a List in the VII Schedule shall be effected only after obtaining the ratification by one-half of the States, in addition to fulfilling the ‘special majority’ provision.” option3=”A bill seeking to establish a new State and alteration of areas, boundaries or names of existing ones require to be passed by a special majority in both the Houses of Parliament.” option4=”For creation or abolition of Legislative Councils in the States the concerned bill has to be passed in both the Houses of Parliament by a special majority.” correct=”option2″]

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Option B is correct. Amendment of any of the Lists in the Seventh Schedule involves changes to the distribution of legislative powers between the Union and the States. Such amendments fall under the purview of the proviso to Article 368(2) of the Constitution, which requires the amendment bill to be passed by a special majority in both Houses of Parliament and then ratified by the legislatures of not less than one-half of the States.
– Amendments affecting the federal structure (like the distribution of legislative powers) require special majority plus state ratification.
– The Seventh Schedule Lists define the subjects on which the Union and State governments can legislate.
– Option A is incorrect. The election of the President (Articles 54, 55) is a provision related to the federal structure and requires amendment via special majority *plus* ratification by state legislatures (Article 368(2) proviso).
– Option C is incorrect. The creation of new states or alteration of areas/boundaries/names of existing states is done by Parliament by law under Article 3. Such a law is explicitly stated not to be an amendment of the Constitution for the purposes of Article 368 (Article 4(2)), meaning it requires only a simple majority.
– Option D is incorrect. The creation or abolition of Legislative Councils in states is done by Parliament by law under Article 169. This law is also not considered an amendment for the purposes of Article 368 (Article 169(3)) and thus requires only a simple majority in Parliament, provided the concerned state assembly has passed a resolution by special majority.

62. Which one of the following statements with regard to suspension of Mem

Which one of the following statements with regard to suspension of Members from Lok Sabha is correct ?

[amp_mcq option1=”In the event of grave disorder occasioned by a Member coming to the well of the House or abusing the rule of the House persistently and willfully obstructing its business he/she shall stand automatically suspended from the service of the House.” option2=”In the event of grave disorder occasioned by a Member coming to the well of the House or abusing the rule of the House persistently and willfully obstructing its business he/she shall stand automatically suspended from the service of the House only after being named by the Speaker.” option3=”A Member stands automatically suspended from the service of Lok Sabha for a period of 25 days if he/she comes to the well of the House and willfully and persistently obstructs the business of the House.” option4=”A Member cannot be suspended automatically from the service of the House even in the event of grave disorder by shouting slogans in the well and obstructing the business of the House.” correct=”option2″]

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Option B is correct based on Rule 374A of the Rules of Procedure and Conduct of Business in Lok Sabha. This rule provides for automatic suspension of a member in case of grave disorder occasioned by coming into the Well of the House or persistently obstructing business. However, this automatic suspension occurs only *after* the member has been ‘named’ by the Speaker.
– Lok Sabha rules provide for suspension of members for misconduct.
– Rule 374A allows for automatic suspension but requires the member to be first named by the Speaker.
– Option A is incorrect because automatic suspension under Rule 374A requires the member to be named by the Speaker first, it’s not purely automatic based solely on the disruptive behaviour.
– Option C is incorrect. The automatic suspension period under Rule 374A is for five consecutive sittings or the remainder of the session, whichever is less, not 25 days.
– Option D is incorrect because members *can* be suspended, including automatically under specific conditions defined in the rules (like Rule 374A), in the event of grave disorder or obstruction.

63. Which one of the following statements is correct with regard to remova

Which one of the following statements is correct with regard to removal of the Speaker of Lok Sabha?

[amp_mcq option1=”The Speaker may be removed from his office by the President on a resolution of Lok Sabha passed by a majority of all the then Members of the House.” option2=”The Speaker may be removed from his office by a resolution of Lok Sabha passed by a majority of all the then Members of the House.” option3=”At least 21 days’ notice has to be given to move a resolution to remove the Speaker.” option4=”In computing the period of notice for removing the Speaker, both the terminal days are included.” correct=”option2″]

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Option B correctly describes the procedure for removing the Speaker. According to Article 94(c) of the Constitution, the Speaker may be removed from office by a resolution of the House of the People passed by a majority of all the then members of the House. This refers to an effective majority.
– Removal of the Speaker requires a resolution of the Lok Sabha.
– The resolution must be supported by an effective majority (more than half of the *then* total membership of the House).
– Option A is incorrect as the removal is by the Lok Sabha itself, not by the President on a resolution.
– Option C is incorrect. A resolution for the removal of the Speaker or Deputy Speaker can only be moved after giving at least fourteen days’ notice of the intention to move the resolution (Article 94(c)).
– Option D is incorrect. In computing the period of notice (like the 14 days for removal), the terminal days are generally excluded. Standard legal practice typically excludes the day the notice is given and the day the event takes place.

64. Which one of the following statements is correct with regard to Speake

Which one of the following statements is correct with regard to Speaker of Lok Sabha?

[amp_mcq option1=”Speaker tenders his resignation letter addressed to the President.” option2=”When the office of the Speaker is vacant the duties of his office shall be performed by the Deputy Speaker.” option3=”The Speaker holds office at the pleasure of the President.” option4=”The Speaker can summon a joint session of Parliament.” correct=”option2″]

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Option B is correct because Article 95(1) of the Constitution of India states that while the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose.
– The Deputy Speaker officiates as Speaker when the office of Speaker is vacant or when the Speaker is absent from a sitting of the House.
– The Speaker’s office becomes vacant if they cease to be a member of the House or resign or are removed.
– Option A is incorrect. The Speaker addresses their letter of resignation to the Deputy Speaker, not the President (Article 94(b)).
– Option C is incorrect. The Speaker is elected by the Lok Sabha and holds office until immediately before the first meeting of the Lok Sabha after the dissolution of the one they were elected to, unless removed earlier by a resolution of the House (Article 94). They do not hold office at the pleasure of the President.
– Option D is incorrect. A joint session of Parliament is summoned by the President (Article 108(1)). The Speaker presides over a joint session (Article 118(4)).

65. Which one of the following statements is correct with regard to dissol

Which one of the following statements is correct with regard to dissolution of the Lok Sabha?

[amp_mcq option1=”Both the Speaker and the Deputy Speaker hold their offices.” option2=”Only the Deputy Speaker vacates his office.” option3=”Both the Speaker and the Deputy Speaker vacate their offices.” option4=”Both the Speaker and the Deputy Speaker continue to be Members of Lok Sabha.” correct=”option2″]

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When the Lok Sabha is dissolved, the Deputy Speaker vacates his office immediately. However, the Speaker does not vacate his office until immediately before the first meeting of the House after the dissolution.
– Article 94 of the Constitution deals with the vacation, resignation, and removal of the Speaker and Deputy Speaker.
– The proviso to Article 94 states: “Provided that whenever the House of the People is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the House after the dissolution.”
– This proviso specifically applies only to the Speaker, not the Deputy Speaker. The Deputy Speaker vacates his office upon the dissolution of the Lok Sabha.
– This provision ensures continuity in the office of the Speaker during the period between the dissolution of one Lok Sabha and the first sitting of the newly elected Lok Sabha.
– The Speaker continues to preside over sessions of the dissolved House, if any are convened during the period (e.g., pro-tem Speaker duties before the new Speaker is elected), and handles administrative duties until the new House meets.

66. Which one of the following Acts is not directly related to the protect

Which one of the following Acts is not directly related to the protection of Intellectual Property Rights?

[amp_mcq option1=”The Transfer of Property Act, 1882″ option2=”The Semiconductor Integrated Circuits Layout Designs Act, 2000″ option3=”The Trade and Merchandise Marks Act, 1958″ option4=”The Patents Act, 1970″ correct=”option1″]

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The Transfer of Property Act, 1882 deals with the transfer of immovable property and certain forms of movable property in India. It is not directly related to the protection of Intellectual Property Rights (IPRs).
– Intellectual Property Rights protect creations of the mind, such as inventions (patents), literary and artistic works (copyright), designs, symbols, names, and images used in commerce (trademarks), and layout designs of integrated circuits.
– The Semiconductor Integrated Circuits Layout Designs Act, 2000 specifically protects the layout designs of integrated circuits, which is a type of IPR.
– The Trade and Merchandise Marks Act, 1958 (now largely replaced by the Trade Marks Act, 1999) dealt with the protection of trademarks, which are IPRs.
– The Patents Act, 1970 deals with the grant and protection of patents for inventions, which are IPRs.
– Other major Acts related to IPRs in India include the Copyright Act, 1957, the Designs Act, 2000, and the Geographical Indications of Goods (Registration and Protection) Act, 1999.

67. Which one of the following statements is not correct?

Which one of the following statements is not correct?

[amp_mcq option1=”The Attorney General holds office during the pleasure of the President.” option2=”The Attorney General is appointed for a term of five years or till the age of 65 years whichever is earlier.” option3=”There is no statutory age limit for appointment or retirement of the Attorney General.” option4=”In the Lok Sabha/Rajya Sabha, the Attorney General occupies a seat on the treasury benches and is entitled to all privileges and immunities of Members of Parliament.” correct=”option2″]

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The statement that the Attorney General is appointed for a term of five years or till the age of 65 years whichever is earlier is incorrect. The Constitution does not specify a fixed tenure or age limit for the Attorney General.
– Statement A is correct: Article 76(4) states that the Attorney General shall hold office during the pleasure of the President. This means the President can remove the AG at any time.
– Statement C is correct: As per the Constitution, there is no fixed term or age limit for the appointment or retirement of the Attorney General.
– Statement D is correct: Article 88 grants the Attorney General the right to speak in, and otherwise take part in the proceedings of, either House of Parliament, any joint sitting, and any committee of Parliament of which he may be named a member, but without the right to vote. Article 105(4) extends the privileges and immunities of Members of Parliament to the Attorney General. While occupying a seat on the treasury benches is a convention, the right to participate and enjoy privileges/immunities is constitutional.
– The Attorney General is the chief legal advisor to the Government of India.
– The person appointed as AG must be qualified to be appointed a Judge of the Supreme Court (Article 76(1)).
– The AG receives remuneration as determined by the President (Article 76(4)).

68. Which one of the following organisations is not under the administrati

Which one of the following organisations is not under the administrative control of the Department of Commerce?

[amp_mcq option1=”Directorate General of Commercial Intelligence and Statistics” option2=”Marine Products Export Development Authority” option3=”Agricultural and Processed Food Products Export Development Authority” option4=”Competition Commission of India” correct=”option4″]

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The Competition Commission of India (CCI) is a statutory body responsible for enforcing the Competition Act, 2002. It functions under the administrative control of the Ministry of Corporate Affairs, not the Department of Commerce.
– The Directorate General of Commercial Intelligence and Statistics (DGCIS) is the official agency for trade statistics and commercial information in India, under the Department of Commerce.
– The Marine Products Export Development Authority (MPEDA) is a statutory body under the Department of Commerce responsible for the development of the marine products industry with special reference to export.
– The Agricultural and Processed Food Products Export Development Authority (APEDA) is a statutory body under the Department of Commerce responsible for the export promotion of agricultural and processed food products.
– The Ministry of Corporate Affairs is responsible for the administration of the Companies Act, 2013, the Limited Liability Partnership Act, 2008, the Insolvency and Bankruptcy Code, 2016, and the Competition Act, 2002, among others.

69. The Department of Commerce can decide matters relating to grant of fis

The Department of Commerce can decide matters relating to grant of fiscal concessions in Special Economic Zones with the concurrence of

[amp_mcq option1=”the Minister-in-charge of the Department” option2=”the Department of Economic Affairs” option3=”the Department of Revenue” option4=”the Parliament” correct=”option3″]

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Matters relating to the grant of fiscal concessions involve taxation and revenue. While the Department of Commerce is the nodal department for SEZ policy, decisions concerning fiscal matters, especially concessions, require the concurrence of the Department of Revenue within the Ministry of Finance.
– Fiscal concessions in SEZs typically involve exemptions or reductions in customs duty, excise duty, income tax, etc.
– The Department of Revenue is responsible for the administration of direct and indirect taxes in India.
– Any decision impacting government revenue requires consultation with and concurrence from the Ministry of Finance, specifically the Department of Revenue for tax-related matters.
– The SEZ Act, 2005 and SEZ Rules specify the framework for fiscal concessions, but administrative decisions and interpretations often require inter-ministerial consultation, particularly with the Ministry of Finance.

70. Which one of the following cadres is not managed by the Ministry of

Which one of the following cadres is not managed by the Ministry of Commerce and Industry ?

[amp_mcq option1=”Indian Economic Service” option2=”Indian Trade Service” option3=”Indian Supply Service” option4=”Indian Inspection Service” correct=”option1″]

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The Indian Economic Service (IES) is not managed by the Ministry of Commerce and Industry. It is jointly managed by the Department of Economic Affairs (DEA) in the Ministry of Finance and the Ministry of Personnel, Public Grievances and Pensions.
– The Indian Trade Service (ITS) is a cadre managed by the Department of Commerce under the Ministry of Commerce and Industry.
– The Indian Supply Service (ISS) was historically associated with the Directorate General of Supplies & Disposals (DGS&D), which was at times under the Ministry of Commerce, but ISS is not a primary cadre managed by the current Ministry of Commerce and Industry structure compared to ITS.
– The Indian Inspection Service is not a standard recognized central civil service cadre managed by the Ministry of Commerce and Industry.
– The IES cadre provides professionals who handle economic analysis, policy advice, and program implementation in various government ministries and departments.
– The ITS cadre deals with foreign trade promotion and regulation.
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