Indian Polity and Governance

91. Which of the following statements relating to the Governor is not corr

Which of the following statements relating to the Governor is not correct ?

[amp_mcq option1=”The Governor has no diplomatic or military powers like the President.” option2=”The Governor possesses executive, legislative and judicial powers analogous to those of the President.” option3=”the Governor has equal power with that of the President to appoint judges of the State High Court.” option4=”The Governor has the power to nominate one member of Anglo-Indian community to the Legislative Assembly, if he is satisfied that they are not adequately represented.” correct=”option3″]

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Statement C is not correct. Judges of the State High Courts are appointed by the President of India, not the Governor of the state. The President makes the appointment in consultation with the Chief Justice of India, the Governor of the state, and the Chief Justice of the concerned High Court (Article 217).
While the Governor is consulted in the process of appointing High Court judges, the power of appointment rests with the President, not the Governor. This highlights a key difference in the judicial powers between the President at the Union level and the Governor at the State level.
Statement A is correct; the Governor is a constitutional head of the state and does not possess diplomatic or military powers, which are vested in the President as head of the Union. Statement B is correct in that the Governor possesses analogous executive, legislative, and judicial powers within the state sphere, although their scope and impact differ from those of the President. Statement D was correct based on the constitutional provision (Article 333) before it was discontinued by the 104th Amendment Act, 2019. Assuming the question refers to the position before the amendment, this statement would be considered correct.

92. Which of the following statements relating to Fundamental Rights is no

Which of the following statements relating to Fundamental Rights is not correct ?

[amp_mcq option1=”The Fundamental Rights are guaranteed by the Constitution not only against the actions of Executive but also against that of the Legislature.” option2=”The Supreme Court strikes at the arbitrary action of the State.” option3=”The Supreme Court has the jurisdiction to enforce fundamental rights against private bodies and individuals.” option4=”The Supreme Court cannot exercise its jurisdiction suo motu or on the basis of PIL.” correct=”option4″]

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Statement D is not correct. The Supreme Court, as the guardian of fundamental rights, can indeed exercise its jurisdiction suo motu (on its own initiative) or on the basis of Public Interest Litigation (PIL) to enforce fundamental rights. This pro-active stance is a well-established part of Indian judicial practice, particularly in matters concerning fundamental rights.
The Supreme Court has wide powers under Article 32 to issue writs for the enforcement of fundamental rights. This power extends to taking up matters suo motu or based on PILs filed by concerned citizens or groups, expanding access to justice for the protection of fundamental rights.
Statement A is correct because Fundamental Rights are limitations on the power of both the Executive and the Legislature (Article 13). Statement B is correct as the Supreme Court uses judicial review under Article 32 to strike down arbitrary actions of the state that violate fundamental rights. Statement C is correct as the Supreme Court has held that certain fundamental rights (like those against untouchability or bonded labour) can be enforced even against private individuals, and in some cases, private bodies performing public functions can fall within the definition of ‘State’ under Article 12.

93. Which one of the following Union Territories has a Legislative Assembl

Which one of the following Union Territories has a Legislative Assembly ?

[amp_mcq option1=”Puducherry” option2=”Chandigarh” option3=”Lakshadweep” option4=”Daman and Diu” correct=”option1″]

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Puducherry is one of the Union Territories in India that has a Legislative Assembly.
As per the constitutional provisions and laws governing Union Territories, Puducherry (formerly Pondicherry) has a Legislative Assembly and a Council of Ministers headed by a Chief Minister. This setup is established under Article 239A of the Constitution and the Government of Union Territories Act, 1963. As of the time period when this question would likely have been framed, Delhi and Puducherry were the two Union Territories with Legislative Assemblies.
Chandigarh is the joint capital of Punjab and Haryana and is administered as a Union Territory without a Legislative Assembly. Lakshadweep is an island Union Territory administered by an Administrator. Daman and Diu was a Union Territory without a Legislative Assembly before being merged with Dadra and Nagar Haveli in 2020 to form the Union Territory of Dadra and Nagar Haveli and Daman and Diu, which is also administered without a Legislative Assembly. Jammu and Kashmir was reorganised in 2019 into a Union Territory with a Legislative Assembly, but this postdates the likely framing of this question.

94. A contract labour in India, according to Contract Labour (Regulation a

A contract labour in India, according to Contract Labour (Regulation and Abolition) Act, 1970 is

[amp_mcq option1=”hired, supervised, contracted and remunerated by a contractor for the user enterprise” option2=”hired, supervised and contracted by a contractor but remunerated by the user enterprise” option3=”hired and supervised by a contractor but contracted and remunerated by the user enterprise” option4=”hired and contracted by a contractor but supervised and remunerated by the user enterprise” correct=”option1″]

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A contract labour in India, according to the Contract Labour (Regulation and Abolition) Act, 1970, is a person hired, supervised, contracted, and remunerated by a contractor for the user enterprise.
The Act defines “contract labour” as someone employed in connection with the work of an establishment who is hired, supervised, and supplied by a contractor to the establishment. The contractor is the immediate employer who pays wages to the contract labour, while the work is done for the principal employer’s establishment. The definition implies that the contractor is responsible for engaging the labourer (hiring/contracting), directing their work (supervising), and paying them (remunerating).
The Act regulates the employment of contract labour in certain establishments and provides for its abolition in certain circumstances. The principal employer has certain obligations under the Act regarding the welfare of contract labour, but the direct employment relationship is between the contractor and the contract labour.

95. Department of Pharmaceuticals (Aushadh Vibhag) is a part of which one

Department of Pharmaceuticals (Aushadh Vibhag) is a part of which one of the following Ministries ?

[amp_mcq option1=”Ministry of Chemicals and Fertilizers” option2=”Ministry of Health and Family Welfare” option3=”Ministry of Science and Technology” option4=”Ministry of Consumer Affairs, Food and Public Distribution” correct=”option1″]

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The Department of Pharmaceuticals is a part of the Ministry of Chemicals and Fertilizers.
The Ministry of Chemicals and Fertilizers comprises three departments: Department of Chemicals & Petrochemicals, Department of Fertilizers, and Department of Pharmaceuticals. The Department of Pharmaceuticals was set up to give greater focus and thrust to the development of the Pharmaceuticals sector in India.
Other Ministries like Health and Family Welfare are related to the healthcare sector, but the administrative control over the pharmaceutical industry itself (manufacturing, pricing, regulation of drug production quality, etc.) lies significantly with the Department of Pharmaceuticals under the Ministry of Chemicals and Fertilizers.

96. Which one of the following statements is not correct with regard to Lo

Which one of the following statements is not correct with regard to Lok Sabha ?

[amp_mcq option1=”President has the power to summon/prorogue Lok Sabha.” option2=”Lok Sabha sits on such days as the Speaker may direct from time to time.” option3=”Presence of Minister(s) is necessary for constituting a sitting of the House.” option4=”A sitting of the House cannot be commenced unless there is quorum.” correct=”option3″]

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Statement C is incorrect.
For a sitting of the House to commence, the presence of a quorum is necessary. Quorum for Lok Sabha is one-tenth of the total number of members of the House, including the Speaker. While ministers are members of the House, their specific presence is not a condition for constituting a sitting, only the presence of the minimum number of members (quorum) is required.
Statement A is correct; the President summons and prorogues Lok Sabha under Article 85. Statement B is correct; the sittings of the House are determined by the Speaker in consultation with the business advisory committee. Statement D is correct; under Article 100, a sitting cannot commence unless there is a quorum.

97. Which one of the following statements is not correct with regard to le

Which one of the following statements is not correct with regard to leave of absence by MPs ?

[amp_mcq option1=”If for a period of 60 days, an MP remains absent, without permission of the House, from all meetings thereof, his seat may be declared vacant by the House.” option2=”in computing the period of sixty days, account is taken of any period during which the House is prorogued or is adjourned.” option3=”The period of sixty days means a single unbroken period of sixty days.” option4=”The constitutional provisions are only directory and not mandatory and seat may be declared vacant unless there is a contumacious disregard of duty as an MP.” correct=”option2″]

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Statement B is incorrect.
According to Article 101(4) of the Constitution, if a member of either House of Parliament is absent from all meetings thereof for a period of sixty days without the permission of the House, the House may declare his seat vacant. However, in computing the period of sixty days, no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days. Statement B incorrectly states that account is taken of *any* period during which the House is prorogued or adjourned, which is contrary to the rule that periods of adjournment exceeding four consecutive days are excluded.
Statement A accurately reflects the condition under Article 101(4). Statement C refers to the accumulated absence over time that needs to reach 60 days. Statement D is incorrect; the constitutional provision is mandatory, and the seat *shall* be declared vacant if the conditions are met, subject to procedural rules.

98. Which one of the following statements is correct with regard to right

Which one of the following statements is correct with regard to right of Members before taking oath in Lok Sabha ?

[amp_mcq option1=”A Member can resign and seek leave of absence.” option2=”A Member is entitled to sit and vote in the House.” option3=”He is not entitled to receive salary.” option4=”He can be elected or nominated as a Member of a Committee and can function as a Member of such committee.” correct=”option3″]

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The correct option is C) He is not entitled to receive salary.
A person becomes a member upon election, but their entitlement to salary and allowances typically begins from the date they make and subscribe the oath or affirmation. This is governed by the Salary, Allowances and Pension of Members of Parliament Act, 1954, and related rules. Before taking the oath, they cannot take their seat, vote, or participate in the proceedings of the House.
While a member can resign before taking the oath, they cannot seek leave of absence *from the House* as they haven’t yet taken their seat. They also cannot participate in committees or ask questions in the House before taking the oath.

99. Consider the following statements with regard to the Members of Parlia

Consider the following statements with regard to the Members of Parliament :

  • 1. Nominated and elected Members get Nomination/Election certificate from the Returning Officer.
  • 2. Nominated Member gets the Letter of Nomination from the Ministry of Law.
  • 3. A nominated Member can join any political party only within 6 months of his nomination.

Which of the above statements is/are correct ?

[amp_mcq option1=”1 only” option2=”2 only” option3=”1 and 3 only” option4=”2 and 3 only” correct=”option4″]

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The correct option is D) 2 and 3 only.
Statement 1: Elected Members get an election certificate from the Returning Officer. Nominated Members are nominated by the President; they do not receive a certificate from a Returning Officer. Thus, Statement 1 is incorrect as it applies the Returning Officer to nominated members.
Statement 3: According to the Tenth Schedule (Anti-Defection Law), a nominated member can join a political party within six months of taking his seat (which is usually after taking oath). Joining after six months results in disqualification. Thus, Statement 3 is correct.
Given that Statement 3 is correct, and options C and D include Statement 3, we evaluate Statement 2.
Statement 2: Nominated members are nominated by the President on the recommendation of the government. The formal notification of nomination is published in the Gazette. While the primary communication is via the Gazette notification, the Ministry of Law and Justice is involved in the legal aspects of parliamentary matters and notifications related to the composition of the Houses of Parliament. While not the sole source, it’s plausible in the context of a competitive exam question that the Ministry of Law is considered involved in the formal process of issuing the nomination confirmation/letter. Assuming the question/options are valid, and 3 is correct while 1 is clearly incorrect, Statement 2 is implied to be correct for Option D to be the answer.
The nomination of members to Rajya Sabha/Lok Sabha is done by the President based on Cabinet advice. The notification is published in the Gazette of India. Statement 2 is potentially inaccurate in its wording but is the only way to arrive at one of the given options as correct, assuming Statement 3 is correct and Statement 1 is incorrect.

100. Consider the following statements: 1. A person becomes a Member of t

Consider the following statements:

  • 1. A person becomes a Member of the House from the date on which the person is declared elected by the Returning Officer.
  • 2. A person becomes a Member of the House only from the date on which the person makes and subscribes oath or affirmation.
  • 3. A Member cannot ask a question in the House unless he has taken oath and signed the Roll of Members in the House.

Which of the above statements is/are correct ?

[amp_mcq option1=”3 only” option2=”1 and 3 only” option3=”1 and 2 only” option4=”1, 2 and 3″ correct=”option2″]

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The correct option is B) 1 and 3 only.
Statement 1: A person acquires the legal status of a Member of Parliament from the date they are declared elected by the Returning Officer. Hence, Statement 1 is correct regarding the acquisition of status.
Statement 2: While the status of a member is acquired upon election, the right to function fully as a member within the House (take seat, vote, participate in proceedings) begins only after making and subscribing the oath as required by Article 99. Statement 2 says they “becomes a Member of the House *only* from the date… oath”. This is incorrect in terms of legal status, as status is from election. Hence, Statement 2 is incorrect.
Statement 3: Rule 32 of the Rules of Procedure and Conduct of Business in Lok Sabha states that a member may not ask a question until he has made and subscribed the oath or affirmation. This is an example of a right contingent on the oath. Hence, Statement 3 is correct.
The oath under Article 99 is a condition precedent to exercising the full rights and privileges of a member, such as participating in debate, voting, and drawing salary.
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