Indian Polity and Governance Archives

241. The time when the Members of Parliament can raise issues of urgent pub

The time when the Members of Parliament can raise issues of urgent public importance is called

[amp_mcq option1=”Notice period” option2=”Cooling-off period” option3=”Stipulated interval” option4=”Zero hour” correct=”option4″]

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Zero Hour is an informal procedure in the Indian Parliament where Members of Parliament can raise issues of urgent public importance immediately after the Question Hour. It is not explicitly mentioned in the Rules of Procedure but has become a significant part of the parliamentary process.

Zero Hour allows MPs to raise matters without prior notice.

Question Hour is the first hour of a parliamentary sitting where MPs ask questions and ministers answer them. There is no specific ‘Notice period’, ‘Cooling-off period’, or ‘Stipulated interval’ generally referred to in this context, although procedures involve notice periods for raising certain matters.

242. If a person occupies a public office illegally, which one of the follo

If a person occupies a public office illegally, which one of the following writs/orders can be issued against him/her for getting the office vacated ?

[amp_mcq option1=”Quo warranto” option2=”Prohibition” option3=”Certiorari” option4=”Permanent injunction” correct=”option1″]

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If a person occupies a public office illegally, the writ of Quo Warranto can be issued to challenge their claim to the office and get it vacated.

The writ of Quo Warranto (meaning “by what authority”) is issued by a court to inquire into the legality of the claim of a person to a public office. It is used to prevent illegal usurpation of a public office by a person. If the court finds that the person is not legally entitled to the office, it can issue an order to remove them from office.

Prohibition and Certiorari are writs issued by a higher court to a lower court or tribunal, dealing with their jurisdiction. Prohibition is preventative (to stop exceeding jurisdiction), while Certiorari is curative (to quash an order made in excess of jurisdiction). Permanent injunction is a remedy issued by civil courts, usually to restrain someone from doing a specific act.

243. Who among the following has the power to summon a joint sitting of bot

Who among the following has the power to summon a joint sitting of both the Houses of Parliament in India ?

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

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The power to summon a joint sitting of both Houses of Parliament is vested in the President of India.

Article 108 of the Constitution provides for a joint sitting of both Houses in certain cases of disagreement between the two Houses on a Bill. The President may, unless the Bill has elapsed by reason of a dissolution of the House of the People, notify to the Houses by message or by public notification his intention to summon them to meet in a joint sitting for the purpose of deliberating and voting on the Bill.

The joint sitting is presided over by the Speaker of the Lok Sabha, or in his absence, by the Deputy Speaker of the Lok Sabha, or in his absence, by the Deputy Chairman of the Rajya Sabha. The Chairman of the Rajya Sabha (Vice-President) does not preside over a joint sitting. The Prime Minister or Home Minister do not have the power to summon a joint sitting.

244. The system of “Proportional Representation by Means of the Single Tran

The system of “Proportional Representation by Means of the Single Transferable Vote” is used for the election of

[amp_mcq option1=”President of India” option2=”Members of the Lok Sabha” option3=”Members of the Rajya Sabha” option4=”Members of the Legislative Councils” correct=”option1″]

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The system of “Proportional Representation by Means of the Single Transferable Vote” is used for the election of the President of India.

Article 55(3) of the Constitution specifies that the election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.

This system is also used for the election of members of the Rajya Sabha (Council of States) by the elected members of the State Legislative Assemblies (Article 80(4)) and for the election of members of the State Legislative Councils (where they exist) from certain constituencies (Article 171(4)). However, among the given options, the election of the President is a prominent and significant example of the use of this system at the national level for a single office. Members of the Lok Sabha are elected directly from territorial constituencies based on the principle of adult suffrage.

245. Which fundamental right is not guaranteed under the Constitution of

Which fundamental right is not guaranteed under the Constitution of India to the majority, but is guaranteed to the minorities ?

[amp_mcq option1=”Right under Article 15″ option2=”Right under Article 19″ option3=”Right under Article 25″ option4=”Right under Article 30″ correct=”option4″]

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Among the options provided, Article 30 is a fundamental right specifically guaranteed to minorities.

Article 30(1) states that “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.” This right is uniquely available to minorities to preserve their culture and identity through educational institutions.

Article 15 (Prohibition of discrimination), Article 19 (Protection of certain rights regarding freedom, etc.), and Article 25 (Freedom of religion) are fundamental rights available to all citizens or persons, not exclusively to minorities. While these rights also protect minorities, they are not rights that the majority *does not* possess. Article 30, however, is a right conferred specifically on minorities, not the majority community.

246. Right to Property has been provided under which one of the following A

Right to Property has been provided under which one of the following Articles of the Constitution of India ?

[amp_mcq option1=”Article 19(1)(f)” option2=”Article 31″ option3=”Article 300A” option4=”Article 301″ correct=”option3″]

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The Right to Property was originally a Fundamental Right under Article 19(1)(f) and Article 31 of the Constitution.

The 44th Amendment Act of 1978 repealed Article 19(1)(f) and Article 31, removing the Right to Property from the list of Fundamental Rights. It was subsequently made a legal right under Article 300A, which was inserted into Part XII of the Constitution. Article 300A states that “no person shall be deprived of his property save by authority of law.”

The change from a Fundamental Right to a legal right meant that the right could be regulated or restricted by ordinary law passed by the legislature, provided it was done by the authority of law, whereas previously it required a constitutional amendment or was subject to strict judicial review based on fundamental rights principles. Article 301 in Part XIII deals with freedom of trade, commerce, and intercourse within the territory of India.

247. The “Doctrine of Pleasure” is related to the tenure of which constitut

The “Doctrine of Pleasure” is related to the tenure of which constitutional authority in India ?

[amp_mcq option1=”Governor of State” option2=”Chief Justice of India” option3=”Chief Information Commissioner” option4=”Chief Election Commissioner” correct=”option1″]

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The Doctrine of Pleasure originates from English Common Law, where servants of the Crown hold office during the pleasure of the Crown. In the Indian context, certain constitutional authorities hold office during the pleasure of the President or the Governor.

Article 156(1) of the Constitution of India states that the Governor shall hold office during the pleasure of the President. This is a direct application of the Doctrine of Pleasure in the Indian context regarding the Governor’s tenure.

Constitutional authorities like the Chief Justice of India, Chief Information Commissioner, and Chief Election Commissioner have constitutionally secured tenures and are not subject to the Doctrine of Pleasure for removal; they can only be removed through a specific process laid down in the Constitution (e.g., impeachment-like process for CJI and CEC) or relevant statutes (for CIC). Other offices held during the pleasure of the President include the Attorney General of India (Article 76(4)), Union Ministers (Article 75(2)). State Ministers hold office during the pleasure of the Governor (Article 164(1)).

248. No fundamental rights can be claimed against

No fundamental rights can be claimed against

[amp_mcq option1=”a Government company” option2=”a Municipal corporation” option3=”a Court” option4=”a Statutory corporation” correct=”option3″]

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The correct answer is C) a Court.

Fundamental rights are primarily enforceable against the ‘State’ as defined in Article 12 of the Constitution. This definition has been interpreted by the Supreme Court to include the Central and State governments, Parliament and State Legislatures, local authorities (like municipal corporations), and other statutory or non-statutory authorities performing state-like functions or under government control (like government companies and statutory corporations). Courts, when acting judicially, are considered part of the judiciary and generally not included in the definition of ‘State’ against whom fundamental rights can be claimed in their judicial capacity. Fundamental rights are a check on the executive and legislative power. A court’s administrative actions might be challengeable, but its judicial decisions are subject to appeal procedures, not direct challenge under fundamental rights as actions of the ‘State’.

Government companies, Municipal corporations, and Statutory corporations have all been held by the Supreme Court to fall within the definition of ‘State’ under Article 12 in certain circumstances, making them amenable to fundamental rights claims.

249. Parliament cannot make law on which one of the following subjects, exc

Parliament cannot make law on which one of the following subjects, except for a Union Territory ?

[amp_mcq option1=”Insurance” option2=”Railways” option3=”Banking” option4=”Fisheries” correct=”option4″]

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The correct answer is D) Fisheries.

The legislative powers are divided between the Union and States according to the Seventh Schedule. Subjects in the Union List are exclusively for Parliament, subjects in the State List are primarily for State Legislatures, and subjects in the Concurrent List are for both. Fisheries is listed in the State List (Entry 21). Insurance (Entry 47), Railways (Entry 22), and Banking (Entry 45) are listed in the Union List. Parliament has exclusive power to legislate on Union List subjects throughout India. State Legislatures have exclusive power to legislate on State List subjects within their state. However, under Article 246(4), Parliament has the power to make laws with respect to any matter for any part of the territory of India not included in a State (i.e., Union Territories), even if that matter is enumerated in the State List. Therefore, Parliament ordinarily cannot make laws on Fisheries for a State, but it can make laws on Fisheries for a Union Territory.

Parliament can legislate on State List subjects for states under certain exceptional circumstances too, such as when the Rajya Sabha passes a resolution (Article 249), during a National Emergency (Article 250), when states consent (Article 252), to implement international treaties (Article 253), or during President’s rule (Article 356). However, the question refers to the normal power “except for a Union Territory”, highlighting a subject ordinarily restricted to states but fully under Parliament’s power for UTs.

250. In context of the Constitution of India, what is the significance of “

In context of the Constitution of India, what is the significance of “Writ of Mandamus”?

[amp_mcq option1=”It orders a public official to perform his/her duty correctly” option2=”It is a writ against unlawful detention” option3=”It is a writ for the enforcement of non-fundamental rights” option4=”It is a writ for acquiring lands and properties” correct=”option1″]

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The correct answer is A) It orders a public official to perform his/her duty correctly.

The writ of Mandamus (meaning ‘we command’) is a judicial remedy in the form of an order from a superior court, to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do. It is issued to compel the performance of a public duty by a public official or body that has failed or refused to perform it.

Option B describes Habeas Corpus. Option C relates to the scope of writs under Article 226 but not the specific function of Mandamus. Option D is unrelated to the function of a writ.