Indian Polity and Governance Archives

221. Which one of the following Articles of the Constitution of India can b

Which one of the following Articles of the Constitution of India can be used by the President of India to declare financial emergency ?

[amp_mcq option1=”Article 32″ option2=”Article 349″ option3=”Article 360″ option4=”Article 365″ correct=”option3″]

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The correct answer is C, Article 360.

Article 360 of the Constitution of India empowers the President to declare a Financial Emergency if he is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened.

Article 32 deals with the right to constitutional remedies (Fundamental Right). Article 349 deals with special procedure regarding Bills relating to language. Article 365 deals with the effect of failure to comply with or give effect to directions given by the Union, which can lead to the imposition of President’s Rule under Article 356. A financial emergency has never been declared in India.

222. Which one of the following Articles in Part III of the Constitution of

Which one of the following Articles in Part III of the Constitution of India is related to free and compulsory education ?

[amp_mcq option1=”Article 19″ option2=”Article 20A” option3=”Article 21″ option4=”Article 21A” correct=”option4″]

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The correct answer is D, Article 21A.

Article 21A was inserted into the Constitution by the 86th Constitutional Amendment Act, 2002. It declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. This makes the right to education a Fundamental Right for children in this age group.

Article 21 guarantees protection of life and personal liberty. Article 19 guarantees various freedoms like speech and expression. Article 20 provides protection in respect of conviction for offences. The 86th Amendment also amended Article 45 (Directive Principle) and added Article 51A(k) (Fundamental Duty) relating to education.

223. Which part of the Constitution of India deals with the Government in t

Which part of the Constitution of India deals with the Government in the States ?

[amp_mcq option1=”Part IV” option2=”Part V” option3=”Part VI” option4=”Part IX” correct=”option3″]

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The correct answer is C, Part VI.

Part VI of the Constitution of India is titled “The States” and deals with the structure and functions of the state governments, including the Executive (Governor, Council of Ministers, Advocate General), the State Legislature, and the High Courts within the states.

Part IV deals with Directive Principles of State Policy, Part V deals with The Union (Union Government and Judiciary), and Part IX deals with the Panchayats (Local Self-Government in rural areas).

224. Consider the following statements: 1. The Parliament is competent t

Consider the following statements:

1. The Parliament is competent to make laws on matters enumerated in the Union list and similarly, the State Legislatures are competent to make laws on matters enumerated in the State list.
2. The Parliament alone has the power to make laws on matters not included in the State list or Concurrent list.

Which of the above statements is/are correct ?

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option3″]

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The correct answer is C, as both statements are correct.

Statement 1 reflects the division of legislative powers between the Union and the States as laid down in the Seventh Schedule of the Constitution of India. The Union List contains subjects on which Parliament has exclusive power to make laws, and the State List contains subjects on which State Legislatures have exclusive power. Statement 2 deals with residuary powers. Article 248 of the Constitution and Entry 97 of the Union List grant Parliament exclusive power to make laws with respect to any matter not enumerated in the Concurrent List or the State List.

The Concurrent List contains subjects on which both Parliament and State Legislatures can make laws, with Union law prevailing in case of conflict. The distribution of legislative powers is a key feature of India’s federal structure, although the Union Parliament holds significant residuary powers, leaning towards a quasi-federal system with a strong center.

225. Consider the following statements: 1. The main sources of law in In

Consider the following statements:

1. The main sources of law in India are the Constitution, Statutes (Legislations), Customary Law and Case Law.
2. Decisions of the Supreme Court are not binding in all courts within the territory of India.

Which of the above statements is/are correct ?

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option1″]

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The correct answer is A, as only statement 1 is correct.

Statement 1 correctly identifies the primary sources of law in India: the Constitution (supreme law), Statutes enacted by legislatures (Parliament and State Legislatures), Customary Law (practices accepted as law in certain communities), and Case Law (judicial precedents, particularly decisions of the Supreme Court and High Courts). Statement 2 is incorrect because, under Article 141 of the Constitution of India, the law declared by the Supreme Court is binding on all courts within the territory of India.

Article 141 of the Constitution states, “The law declared by the Supreme Court shall be binding on all courts within the territory of India.” This principle is fundamental to the hierarchical structure of the Indian judiciary and ensures uniformity and certainty in the interpretation and application of laws.

226. Consider the following statements: 1. The Ministry of Law and Justi

Consider the following statements:

1. The Ministry of Law and Justice comprises three departments, namely the Department of Legal Affairs, the Legislative Department and the Department of Justice.
2. The Indian Legal System comprises four components, namely the basic values and principles enshrined in the constitution; rights and obligations conferred by ordinary statutes; organizational set-up to enforce these rights and obligations within the constitutional norms; and the legal and judicial personnel.

Which of the above statements is/are correct ?

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option3″]

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The correct answer is C, as both statements are correct.

Statement 1 accurately describes the organizational structure of the Ministry of Law and Justice in India, which is indeed composed of the Department of Legal Affairs, the Legislative Department, and the Department of Justice. Statement 2 provides a valid description of the components of the Indian legal system, encompassing the foundational principles (Constitution), the legal framework (statutes/rights and obligations), the institutional structure for enforcement, and the human resources (legal and judicial personnel) who operate within the system.

The Department of Legal Affairs advises the various Ministries/Departments of the Central Government on legal matters. The Legislative Department is concerned with drafting principal legislation for the Central Government. The Department of Justice is responsible for the administration of justice, including the appointment of judges and administrative support for the judiciary. Statement 2 describes the legal system in terms of its various interconnected elements necessary for its functioning.

227. The President of India can dissolve the Lok Sabha on the advice of the

The President of India can dissolve the Lok Sabha on the advice of the

[amp_mcq option1=”Council of Ministers” option2=”Chief Justice of India” option3=”Speaker of Lok Sabha” option4=”Election Commission of India” correct=”option1″]

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The correct answer is the Council of Ministers.

The President of India is the nominal head of the executive and acts on the aid and advice of the Council of Ministers, headed by the Prime Minister. The dissolution of the Lok Sabha, before its full term, is a significant executive action taken by the President on the advice of the Council of Ministers (Article 85(2)(b)).

While the President has the constitutional power to dissolve the Lok Sabha, this power is almost always exercised based on the recommendation of the Council of Ministers, particularly if they have lost confidence or wish to seek a fresh mandate. In rare circumstances, if a Council of Ministers loses confidence and no alternative government can be formed, the President might act based on their own judgment, but the standard procedure involves the advice of the Council of Ministers.

228. The President of India can promulgate an ordinance when

The President of India can promulgate an ordinance when

[amp_mcq option1=”both Houses of Parliament are in session” option2=”there is a financial emergency” option3=”there is a State emergency” option4=”both Houses of Parliament are not in session” correct=”option4″]

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The correct answer is both Houses of Parliament are not in session.

Article 123 of the Constitution of India grants the President the power to promulgate ordinances when both Houses of Parliament are not in session or when only one House is in session, provided that circumstances exist which render it necessary for him to take immediate action.

An ordinance has the same force and effect as an Act of Parliament but is temporary in nature. It must be laid before both Houses of Parliament when they reassemble and ceases to operate six weeks from the reassembly of Parliament if not approved earlier.

229. Report of the Comptroller and Auditor General of India relating to the

Report of the Comptroller and Auditor General of India relating to the accounts of the Union shall be submitted to the

[amp_mcq option1=”Prime Minister of India” option2=”President of India” option3=”Vice President of India” option4=”Supreme Court of India” correct=”option2″]

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The correct answer is the President of India.

According to Article 151(1) of the Constitution of India, the reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament.

The CAG’s reports are crucial for parliamentary oversight of government finances. The President, upon receiving these reports, presents them to Parliament for discussion and examination by the Public Accounts Committee (PAC).

230. The term “point of order” in the context of parliamentary proceedings

The term “point of order” in the context of parliamentary proceedings refers to

[amp_mcq option1=”a request by a member to make a formal statement” option2=”a request by a member to ask a question out of turn” option3=”a member’s objection regarding the violation of parliamentary rules” option4=”a member’s request for an extension of time for a debate” correct=”option3″]

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In parliamentary proceedings, a “point of order” is raised by a member when they believe that the rules of procedure or the Constitution are being violated during the debate or other proceedings of the House. The member interrupts the ongoing discussion to draw the attention of the Chair (Speaker in Lok Sabha, Chairman in Rajya Sabha) to the alleged violation and seek a ruling. The Chair then decides whether the point of order is valid.

A point of order is an objection raised by a member regarding the violation of parliamentary rules or procedures.

A point of order usually takes precedence over any other business being discussed. Once a point of order is raised, the proceedings on the current business stop until the Chair has given a decision. No debate is allowed on a point of order, and the decision of the Chair is final.