2019-20 Archives

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

Which one of the following statements is not correct?

The Union Executive can exercise power on any subject included in the Union List of Seventh Schedule of the Constitution of India.

The Union Executive can exercise jurisdiction conferred on the Government of India by any international treaty.

The Union Executive can exercise power for any State on any subject included in the Concurrent List of Seventh Schedule of the Constitution of India.

The Union Executive can issue directions to the States for ensuring compliance with any law passed by the Parliament.

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Statement C is not correct because the executive power on subjects in the Concurrent List primarily rests with the States. The Union Executive can exercise executive power on Concurrent List subjects only if the Constitution or a law made by Parliament expressly provides for it. It cannot generally exercise power for any State on Concurrent List subjects. Statements A, B, and D correctly describe powers of the Union Executive.

Article 73 of the Constitution outlines the extent of the executive power of the Union. It extends to matters on the Union List and to the exercise of rights under treaties. Article 256 allows the Union to give directions to States for compliance with Union laws. For the Concurrent List, while Parliament has legislative power, the executive power usually remains with the States, unless specifically assigned to the Union.

The distribution of executive power mirrors the distribution of legislative power for the Union and State lists. For the Concurrent List, executive power generally lies with the states, ensuring the federal structure is maintained even when the centre legislates on these subjects. Specific laws on the Concurrent List may confer executive functions on the Union government or its officers.

52. Consider the following statements with respect to Article 32 and Artic

Consider the following statements with respect to Article 32 and Article 226 of the Constitution of India :

Article 32 confers a right on the petitioner while Article 226 confer a discretion on the High Court.
Article 32 and Article 226 confer identical power on the Supreme Court and the High Courts to enforce the Fundamental Rights.
The power of superintendence of the Supreme Court over the High Courts is not similar to the powers of superintendence conferred on the High Courts over the courts subordinate to them.

Which of the above statements is/are not correct?

1 and 3

3 only

2 only

2 and 3

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Statement 2 is incorrect because Article 32 and Article 226 do not confer identical power; Article 226 has a wider scope, covering enforcement of Fundamental Rights and any other legal rights, whereas Article 32 is confined only to the enforcement of Fundamental Rights. Statements 1 and 3 are correct. Therefore, the statement that is *not* correct is statement 2.

Article 32 guarantees the right to constitutional remedies for the enforcement of Fundamental Rights and is a Fundamental Right itself. Article 226 empowers High Courts to issue writs for the enforcement of Fundamental Rights and other legal rights. The scope of Article 226 is broader than Article 32. High Courts have superintendence over subordinate courts (Article 227), a power not held by the Supreme Court over High Courts.

Article 32 is a fundamental right, making the right to move the Supreme Court for enforcement of FRs absolute (the SC cannot ordinarily refuse). Article 226 is a discretionary power of the High Court. The power of superintendence under Article 227 is administrative and judicial, enabling the High Court to call for returns, make rules for practice and proceedings, etc. The Supreme Court primarily has appellate jurisdiction over High Courts, not general superintendence.

53. Which one of the following is included in the prohibition provided und

Which one of the following is included in the prohibition provided under Article 20(3)?

Giving of finger impression

Giving of sample of handwriting

Narco-analysis test

Voice sample

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The correct option is C) Narco-analysis test.

Article 20(3) of the Constitution provides protection against self-incrimination, stating that no person accused of any offence shall be compelled to be a witness against himself. The Supreme Court in the landmark case *Selvi & Ors vs State of Karnataka & Anr* (2010) held that involuntary administration of techniques like narco-analysis, polygraph (lie detector), and brain electrical activation profile tests constitutes compelled testimonial acts that violate the protection under Article 20(3). These tests aim to extract incriminating information from the subject’s mind without their conscious consent.

Giving of finger impressions, handwriting samples, or voice samples are generally considered forms of providing physical evidence, not testimonial evidence, and thus are typically held not to be in violation of Article 20(3). The protection is primarily against compelling a person to make a statement or produce evidence that is “testimonial” in nature and likely to incriminate them.

54. Article 22 of the Constitution of India does not provide for which one

Article 22 of the Constitution of India does not provide for which one of the following?

The detention of a person detained under any preventive detention law has to be considered by an Advisory Board headed by a sitting judge of the High Court.

An arrested person has a right of legal representation.

An arrested person has right to know the grounds of his/her arrest.

A person cannot be detained in custody beyond twenty-four hours (excluding journey time) without the authority of a Magistrate.

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The correct option is A) The detention of a person detained under any preventive detention law has to be considered by an Advisory Board headed by a sitting judge of the High Court.

Article 22 of the Constitution deals with protection against arrest and detention. Article 22(1) grants the right to be informed of the grounds of arrest and the right to consult and be defended by a legal practitioner (covering options B and C). Article 22(2) mandates production before a Magistrate within 24 hours (excluding journey time) (covering option D). Article 22(4) deals with preventive detention and states that detention beyond three months must be reviewed by an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as Judges of a High Court. It does *not* require that the Advisory Board must be *headed by a sitting judge* of the High Court. It can be headed by a retired judge or a person qualified to be a judge.

Article 22 provides a balance between individual liberty and state power, particularly in the context of preventive detention laws. While it grants rights to arrested persons (Art 22(1), (2)), it also lays down safeguards and procedures for preventive detention (Art 22(4)-(7)), such as the need for an Advisory Board review for detention beyond three months, consultation with lawyers, etc. The specific composition and chairmanship of the Advisory Board are detailed, but the requirement for a *sitting* judge as head is not mandated by the article.

55. Which one of the following has been expressly included in Part III of

Which one of the following has been expressly included in Part III of the Constitution of India?

Company

Partnership

Trust

Cooperative society

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The correct option is D) Cooperative society.

Part III of the Constitution deals with Fundamental Rights (Articles 12-35). The term “Cooperative society” was expressly included in Part III by the Constitution (Ninety-seventh Amendment) Act, 2011. This amendment inserted Article 19(1)(c), which grants citizens the fundamental right “to form co-operative societies”. While the definition of “State” under Article 12 in Part III is crucial for the applicability of fundamental rights to various entities (Government, Parliament, State Legislatures, local and other authorities), and courts have included certain types of companies etc., based on functional or control tests, the term “Cooperative society” itself was explicitly added *into* the text of Part III under the Right to Freedom. The other options (Company, Partnership, Trust) are not expressly mentioned by name anywhere in Part III.

The 97th Amendment gave constitutional status and protection to cooperative societies, recognizing their importance in promoting economic development and social justice. Besides inserting the right to form cooperatives in Part III, it also added Article 43B (Promotion of Cooperative Societies) in Part IV (Directive Principles of State Policy) and a new Part IXB (The Co-operative Societies) to the Constitution.

56. Consider the following statements : 1. A citizen cannot be discrimin

Consider the following statements :

1. A citizen cannot be discriminated only on the ground of place of birth but the Parliament can make law prescribing any requirement as to residence within a State with regard to any class of employment in the State.
2. There can be no discrimination only on the ground of religion but law may prescribe a requirement that an incumbent to an office in connection with any religious institution should belong to a particular religion to which the institution belongs.

Which of the above statements is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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The correct option is C) Both 1 and 2.

Statement 1 is correct. While Article 15 prohibits discrimination solely on grounds including place of birth, Article 16(3) is an exception to the non-discrimination principle in public employment (Article 16(2)). It allows Parliament to make laws requiring residence within a state for specific classes of employment or appointments under the state government or local authority.
Statement 2 is correct. Article 15 prohibits discrimination solely on grounds including religion. Article 16(2) prohibits such discrimination in employment. However, Article 16(5) is an exception that permits a law to require that an incumbent of an office in connection with the affairs of any religious or denominational institution or a member of its governing body shall belong to that particular religion or denomination.

These exceptions in Article 16 (clauses 3 and 5) demonstrate that while the Constitution prohibits discrimination on certain grounds, it also provides for specific circumstances where distinctions based on residence or religion (in the context of religious institutions) may be permissible by law, serving particular policy objectives or protecting the unique character of religious bodies.

57. Under the Abolition and Rehabilitation of Bonded Labours Scheme, which

Under the Abolition and Rehabilitation of Bonded Labours Scheme, which among the following statements is/are correct?

1. The Central Government bears 100 percent expenditure and the States are not required to pay any contribution for the purpose of cash rehabilitation assistance for bonded labour.
2. Bonded labour rehabilitation fund is created at the district level by each State with permanent corpus of at least ₹10 lakhs at the disposal of the District Magistrate.
3. Immediate financial assistance of ₹50,000 per rescued labourer is provided by the concerned District Magistrate from the corpus fund.

Select the correct answer using the code given below.

1 only

1 and 2 only

1 and 3 only

1, 2 and 3

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Based on external sources indicating B as the answer for this specific question, the intended correct option is B) 1 and 2 only.

According to the Modified Centrally Sponsored Scheme for Rehabilitation of Bonded Labourers, 2016, a District Level Corpus Fund of minimum ₹10 Lakhs is to be created in each district, at the disposal of the District Magistrate (Statement 2 is correct based on the 2016 scheme). However, statement 1, claiming 100% expenditure by the Central Government and no contribution from States, is generally incorrect for States (sharing is 60:40 for general states, 90:10 for NE/Sikkim states). It is 100% for Union Territories. Statement 3 regarding ₹50,000 immediate financial assistance is also incorrect; the immediate assistance is ₹20,000 as per the 2016 scheme. Given that only statement 2 appears factually correct based on standard scheme details, and no option is “2 only”, there appears to be an error in the question or options as presented. Assuming the question/options have an error and B is the intended answer, it implies statement 1 is also considered correct for the purpose of this question, despite contradicting standard information about state contributions under the scheme.

The discrepancy in Statement 1 might relate to a misunderstanding of the scheme’s funding pattern or be based on outdated information or a specific component of the scheme not commonly highlighted. The 2016 scheme clearly specifies shared funding for states. Statement 3 is clearly factually incorrect regarding the amount of immediate assistance. Statement 2 is correct as per the 2016 scheme. The presence of options combining these statements suggests a potential flaw in the question’s design or underlying data source.

58. Which of the following States are involved in paying/receiving a fixed

Which of the following States are involved in paying/receiving a fixed amount of money to/from Travancore Devaswom Fund under the Constitution of India?

Tamil Nadu and Kerala

Andhra Pradesh and Karnataka

Kerala and Andhra Pradesh

Tamil Nadu and Karnataka

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The correct option is A) Tamil Nadu and Kerala.

Article 290A of the Constitution of India contains provisions for annual payment to certain Devaswom Funds. It specifically mentions that a sum shall be paid out of the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund. It also mentions a payment out of the Consolidated Fund of the State of Tamil Nadu every year to the Devaswom Fund established in the State of Tamil Nadu, which originates from sums formerly payable out of the revenue of the State of Travancore-Cochin. These payments are constitutional obligations arising from the reorganization of states, particularly the partition of the former Travancore-Cochin state.

The Travancore Devaswom Fund manages temples that were historically under the Travancore royal family. Following the integration of Travancore and Cochin and subsequent state reorganization, the administration and funding of these temples and related funds became subject to specific constitutional arrangements. While Kerala directly pays into the Travancore Devaswom Fund, Tamil Nadu’s payment, though directed to a fund in Tamil Nadu, is explicitly linked by Article 290A to the historical revenues of Travancore-Cochin and is for temples in areas that were part of Travancore-Cochin (like Kanyakumari district). Thus, both states are involved in the constitutional provision concerning these Devaswom funds originating from the former state.

59. Consider the following statements: No Act of the Parliament is applica

Consider the following statements:
No Act of the Parliament is applicable to

1. ownership and transfer of land in the States of Mizoram and Nagaland
2. administration of criminal justice involving decisions according to Mizo or Naga customary law

Which of the above statements is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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The correct option is C) Both 1 and 2.

Article 371A of the Constitution contains special provisions with respect to the State of Nagaland. Clause (1)(a) states that no Act of Parliament in respect of (i) religious or social practices of the Nagas, (ii) Naga customary law and procedure, (iii) administration of civil and criminal justice involving decisions according to Naga customary law, (iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides. Similarly, Article 371G contains special provisions for Mizoram, providing similar protection regarding Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, and ownership and transfer of land.

These special provisions in Articles 371A and 371G grant significant autonomy to the states of Nagaland and Mizoram regarding specific subjects, particularly land ownership and administration of justice based on their traditional customary laws. This is a recognition of their unique historical and social context.

60. The Constitution of India contains special provisions for

The Constitution of India contains special provisions for

Punjab

Uttarakhand

Gujarat

Jammu and Kashmir

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The correct option is C) Gujarat.

The Constitution of India contains special provisions for several states under Part XXI, Temporary, Transitional and Special Provisions. Article 371 provides special provisions for Maharashtra and Gujarat, enabling the President to provide for the establishment of separate development boards for Vidarbha, Marathwada, the rest of Maharashtra, Saurashtra, Kutch and the rest of Gujarat.

While Jammu and Kashmir had extensive special provisions under Article 370, this article was effectively rendered inoperative in 2019, and the state was reorganized into Union Territories. Therefore, the special provisions unique to the former state of J&K under Article 370 are no longer ‘contained’ in the Constitution as applicable to a state. Other states like Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, and Karnataka also have special provisions under Articles 371A-J. Among the options provided, only Gujarat currently has specific special provisions contained in the Constitution (Article 371).