Indian Polity and Governance

251. Consider the following statements regarding the election of the Presid

Consider the following statements regarding the election of the President of India :

  • Every Member of Parliament can vote in the election of the President of India.
  • Every elected Member of Parliament can vote in the election of the President of India.
  • Every elected member of a State Legislative Assembly can vote in the election of the President of India.

Which of the above statements is/are not correct ?

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

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The correct answer is A) 1 only.
The President of India is elected by an electoral college consisting of: (i) the elected members of both Houses of Parliament; and (ii) the elected members of the Legislative Assemblies of the States. The elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry are also included in the electoral college by virtue of the 70th Amendment Act, 1992. Nominated members of Parliament and members of State Legislative Councils do not participate in the President’s election.
Statement 1 is incorrect because nominated Members of Parliament do not vote.
Statement 2 is correct because every elected Member of Parliament (from both Lok Sabha and Rajya Sabha) votes.
Statement 3 is correct because every elected member of a State Legislative Assembly votes.
Therefore, only statement 1 is not correct.
The election is held in accordance with the system of proportional representation by means of a single transferable vote, and the voting is by secret ballot.

252. Which writ can be issued in case of illegal arrest ?

Which writ can be issued in case of illegal arrest ?

[amp_mcq option1=”Mandamus” option2=”Habeas corpus” option3=”Quo warranto” option4=”Prohibition” correct=”option2″]

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The correct answer is B) Habeas corpus.
The writ of Habeas Corpus (meaning ‘to have the body of’) is issued by a court to a person or authority who has detained another person, directing them to produce the body of the detained person before the court. The court then examines the legality of the detention and, if found to be illegal, orders the release of the person. This writ is a crucial safeguard against arbitrary arrest and detention.
Mandamus is a command to perform a public duty. Quo Warranto challenges the authority by which a person holds a public office. Prohibition is issued by a higher court to a lower court or tribunal to prevent it from exceeding its jurisdiction.

253. Which one of the following statements is not correct regarding the Pre

Which one of the following statements is not correct regarding the President of India ?

[amp_mcq option1=”The President of India is part of the Parliament.” option2=”The President of India can on his own dismiss a Union Minister for misconduct.” option3=”The President of India can ask the Union Council of Ministers to re-consider its advice given to him.” option4=”The President of India can pardon a person sentenced to death.” correct=”option2″]

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The correct answer is B) The President of India can on his own dismiss a Union Minister for misconduct.
Union Ministers hold office during the pleasure of the President (Article 75(2)). However, this ‘pleasure’ is exercised by the President on the advice of the Prime Minister. The President cannot dismiss a minister at his own discretion. The Prime Minister can advise the President to dismiss a minister, and the President is bound by this advice.
A) The President is an integral part of the Parliament (Article 79). C) The President can ask the Council of Ministers to reconsider their advice, but must act on the reconsidered advice (Article 74 as amended by 44th Amendment). D) The President has the power to pardon, including commuting a death sentence (Article 72).

254. Which one of the following is not a feature of a federal system of Gov

Which one of the following is not a feature of a federal system of Government ?

[amp_mcq option1=”Division of powers between the Central and State Governments” option2=”A written Constitution” option3=”Single citizenship” option4=”Bicameral legislature” correct=”option3″]

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The correct answer is C) Single citizenship.
A federal system is characterised by features such as the division of powers between different levels of government, a written constitution to define this division, the supremacy of the constitution, independent judiciary, and often a bicameral legislature (where one house represents the units of the federation). Single citizenship is a characteristic of the Indian federal system (which has unitary biases) but is not a defining or universal feature of all federal systems. Many classical federal states like the USA have dual citizenship (citizenship of the federation and citizenship of the state).
India’s Constitution, while federal in structure with division of powers, written constitution, etc., incorporates several unitary features, including single citizenship, a strong centre, single integrated judiciary, and emergency provisions.

255. What is the total number of writs which High Courts can issue ?

What is the total number of writs which High Courts can issue ?

[amp_mcq option1=”4″ option2=”5″ option3=”6″ option4=”7″ correct=”option2″]

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The correct answer is B) 5.
The High Courts in India are empowered under Article 226 of the Constitution to issue writs. The traditional types of writs that can be issued are five: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These writs are powerful instruments for the enforcement of fundamental rights and also for other legal rights.
The Supreme Court, under Article 32, can also issue these five writs, but only for the enforcement of fundamental rights. High Courts have a wider writ jurisdiction as they can issue these writs for the enforcement of fundamental rights and for ‘any other purpose’, which includes the enforcement of ordinary legal rights.

256. The distribution of powers between the Union and States in the Constit

The distribution of powers between the Union and States in the Constitution of India is based on the recommendations of which one of the following Commissions ?

[amp_mcq option1=”Justice Verma Commission” option2=”Rajamannar Commission” option3=”Fazal Ali Commission” option4=”Venkatachaliah Commission” correct=”option2″]

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The correct answer is B) Rajamannar Commission.
The Rajamannar Commission was appointed by the Government of Tamil Nadu in 1969 to examine the Centre-State relations in India and suggest changes. The Commission made extensive recommendations regarding the distribution of powers, advocating for increased autonomy for the states. While the original distribution of powers in the Indian Constitution is largely based on the Government of India Act, 1935, among the options provided, the Rajamannar Commission is the one most prominently associated with studying and recommending changes to the distribution of powers between the Union and the States.
The Fazal Ali Commission was the States Reorganisation Commission (1953), which dealt with the reorganisation of states based on linguistic lines. The Justice Verma Commission dealt with criminal law amendments. The Venkatachaliah Commission was the National Commission to Review the Working of the Constitution (2000), which also reviewed Centre-State relations among other aspects.

257. In India, the power to levy and collect taxes is divided between the C

In India, the power to levy and collect taxes is divided between the Central and State Governments. This division is provided under which one of the following Articles of the Constitution of India ?

[amp_mcq option1=”Article 246″ option2=”Article 268″ option3=”Article 270″ option4=”Article 275″ correct=”option1″]

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The correct answer is A) Article 246.
Article 246 of the Constitution of India distributes the legislative powers between the Union and the States by allocating subjects into three lists: the Union List, the State List, and the Concurrent List, found in the Seventh Schedule. This division includes the power to levy taxes, with specific entries for taxation under each list. Parliament has exclusive power to legislate on matters in the Union List, including taxes mentioned therein. State Legislatures have exclusive power to legislate on matters in the State List, including taxes mentioned therein. The Concurrent List contains subjects on which both can legislate, but there are no entries for taxes in the Concurrent List; taxing power is exclusively divided between the Union and State Lists.
Article 268 deals with duties levied by the Union but collected and appropriated by the States. Article 270 deals with taxes levied and collected by the Union but distributed between the Union and the States. Article 275 deals with grants from the Union to certain States. While these articles relate to the distribution of tax *revenues*, Article 246, read with the Seventh Schedule, defines the fundamental *division of legislative power* to levy and collect taxes based on subject matter.

258. The phrase “We, the people of India” in the Preamble of the Constituti

The phrase “We, the people of India” in the Preamble of the Constitution of India signifies

[amp_mcq option1=”Socialist principles” option2=”Democratic principles” option3=”Secular principles” option4=”Sovereign power of the people” correct=”option4″]

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The correct answer is D) Sovereign power of the people.
The opening phrase “We, the people of India” in the Preamble signifies that the ultimate source of the Constitution’s authority is the people of India. It asserts the popular sovereignty, meaning the power rests with the citizens of India, and the Constitution is adopted and enacted by the people themselves, not by an external power or a monarch.
– The Preamble also declares India to be a Sovereign, Socialist, Secular, Democratic Republic.
– While the phrase “We, the people of India” is foundational to the democratic principles (B), its primary significance is establishing the source of authority and thus the sovereignty of the people.
– Socialist (A) and Secular (C) principles are specific ideals mentioned later in the Preamble, not directly derived from the opening phrase about the source of authority.

259. The procedure for the amendment of the Constitution is detailed in whi

The procedure for the amendment of the Constitution is detailed in which part of the Constitution of India ?

[amp_mcq option1=”Part II” option2=”Part XIV” option3=”Part XX” option4=”Part XXI” correct=”option3″]

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The correct answer is C) Part XX.
The procedure for the amendment of the Constitution is detailed in Article 368, which is contained in Part XX of the Constitution of India.
– Part II of the Constitution deals with Citizenship (Articles 5 to 11).
– Part XIV deals with Services under the Union and the States (Articles 308 to 323).
– Part XXI deals with Temporary, Transitional and Special Provisions (Articles 369 to 392).

260. In the context of the Constitution of India, “Double Jeopardy” means

In the context of the Constitution of India, “Double Jeopardy” means

[amp_mcq option1=”a person cannot be tried twice for the same offence” option2=”a person cannot be arrested without a warrant” option3=”a person cannot be deprived of his property without compensation” option4=”a person cannot be forced to be a witness against himself” correct=”option1″]

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The correct answer is A) a person cannot be tried twice for the same offence.
“Double Jeopardy” is a legal principle enshrined in Article 20(2) of the Constitution of India. It provides that “No person shall be prosecuted and punished for the same offence more than once.” This protection is available against proceedings before a court of law or a judicial tribunal.
– Option B relates to procedural requirements for arrest, which are primarily covered under the Code of Criminal Procedure (CrPC).
– Option C relates to the right to property, which is no longer a fundamental right but a legal right under Article 300A.
– Option D refers to the protection against self-incrimination, which is guaranteed under Article 20(3) of the Constitution (“No person accused of any offence shall be compelled to be a witness against himself”).
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