capf polity - Sheet1 Flashcards
201,”Which of the following statements about National Emergency is/are correct? 1. A Proclamation of Emergency may be made by the President only when the security of India or any part thereof is threatened by war or external aggression or armed rebellion. 2. The Government of India acquires power to give directions to a State on any matter. 3. The Proclamation of Emergency does not suspend the State legislature. 4. The Proclamation of Emergency can continue for a maximum period of six months at a time only if approved by resolutions of both the Houses of Parliament Select the correct answer using the code given below:”,”A. 1 only”,”B. 1 and 2 only”,”C. 1, 2 and 3 only”,”D. 2, 3 and 4 only”
202,”Which one of the following statements with regard to the impeachment of a Judge of the Supreme Court of India is not correct?”,”A. A motion addressed to the President, signed by at least 100 members of both the Houses of the Parliament is delivered to the Speaker.”,”B. The motion is investigated by a Committee of three (2 Judges of the Supreme Court and a distinguished Jurist).”,”C. If the Committee finds the Judge guilty of misbehaviour or that he suffers from incapacity, the motion together with the report of the Committee is taken up for consideration in the House where the motion is pending.”,”D. The Judge will be removed after the President gives his order for removal”
202,A,”In the impeachment process of a Judge of the Supreme Court of India, a motion addressed to the President must be signed by at least 100 members of either House of Parliament and is delivered to the Speaker.”
203,”The National Human Rights Commission was established under the statute of:”,”A. The Protection of Human Rights Act, 1993”,”B. The Protection and Implementation of Human Rights Act, 1993”,”C. The Human Rights Act, 1993”,”D. The Human Rights Commission Act, 1993”
203,A,”The National Human Rights Commission was established under ‘The Protection of Human Rights Act, 1993.’”
204,”The Judgment of the Supreme Court in Peoples’ Union for Civil Liberties v. Union of India 2004 is related to which of the following?”,”A. Right to Shelter”,”B. Right against Custodial violence”,”C. Right to Information”,”D. Right to Speedy trial”
204,C,”The Judgment of the Supreme Court in Peoples’ Union for Civil Liberties v. Union of India 2004 is related to the Right to Information.”
205,”Which among the following statements regarding the powers of the High Courts under Article 226 of the Constitution of India is not correct?”,”A. It can issue writs of habeas corpus, mandamus, quo warranto, certiorari, and prohibition.”,”B. Writs can be issued to enforce any right conferred by Part-III and for any other purpose.”,”C. This power can derogate the power conferred on the Supreme Court under Article 32(2).”,”D. Writ can be issued to any authority under its jurisdiction.”
205,C,”Under Article 226, High Courts have the power to issue writs for the enforcement of rights conferred by Part III of the Constitution and for any other purpose. However, this power does not derogate from the powers conferred upon the Supreme Court under Article 32. Both articles provide mechanisms to enforce fundamental rights, but one does not diminish the authority of the other.”
206,”Which among the following is not correct?”,”A. Legislation on criminal law, barring exceptions, is a subject under the Concurrent List.”,”B. Bankruptcy and Insolvency are subjects under the Concurrent List.”,”C. Inter-State trade and commerce is a subject under the State List.”,”D. Banking is exclusively under the Union List.”
206,C,”Inter-State trade and commerce is a subject under the Union List, not the State List.”
207,”Which of the following statements about the Right to Information Act, 2005 is/are correct? 1. There shall be not more than twelve (12) Information Commissioners. 2. The Chief Information Commissioner shall hold office for a term of five years. 3. The Chief Information Commissioner is eligible for reappointment. Select the correct answer using the code given below:”,”A. 1 only”,”B. 2 only”,”C. 1 and 2 only”,”D. 1, 2 and 3”
Central Information Commission
Established: The Central Information Commission was established by the Central
Government in 2005, under the provisions of the Right to Information Act (2005). It is not a
constitutional body.
o It replaced the former Freedom of Information Act, 2002.
o Since RTI is implicit in the Right to Freedom of Speech and Expression under
Article 19 of the Indian Constitution, it is an implied fundamental right.
Members: The Commission consists of a Chief Information Commissioner and not more
than ten Information Commissioners.
Appointment: They are appointed by the President on the recommendation of a
committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the
Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
Tenure: The Chief Information Commissioner and an Information Commissioner shall hold
office for such term as prescribed by the Central Government or until they attain the age
of 65 years, whichever is earlier
208,”Who among the following was the first pro-tem Speaker to be unanimously elected as the Speaker of the Lok Sabha?”,”A. Rabi Ray”,”B. Hiren Mukherjee”,”C. Somnath Chatterjee”,”D. P.A. Sangma”
208,C,”Somnath Chatterjee was the first pro-tem Speaker to be unanimously elected as the Speaker of the Lok Sabha.”
209,”Which among the following deals with Habeas Corpus?”,”A. State of Uttar Pradesh v. Raj Narain and Ors. (1975)”,”B. Additional District Magistrate, Jabalpur v. Shivakant Shukla (1976)”,”C. Mrs. Maneka Gandhi v. Union of India (1978)”,”D. Nandini Satpathy v. P.L. Dani (1978)”
209,B,”The case Additional District Magistrate, Jabalpur v. Shivakant Shukla (1976) deals with Habeas Corpus.”
1,”The landmark case of D. C. Wadhwa vs. State of Bihar in the Supreme Court is related to which one of the following powers of the Governor?”,A: To repromulgate ordinances,B: To appoint a Chief Minister,C: To grant pardon, etc.,D: To revise the emoluments and allowances of the MLAs
1,A,”The landmark case of D. C. Wadhwa vs. State of Bihar in the Supreme Court is related to the power of the Governor to repromulgate ordinances.”
2,”Which one of the following is not a feature of Indian federalism?”,A: Courts can interpret the Constitution and powers of different levels of the Government.,B: Sources of revenue for the Union Government and the State Governments are specified.,C: Powers of the Union and the States are specified in the Constitution.,D: Indian federalism is based on the principle of Separation of Powers.
2,D,”Political scientists have classified governments into UNITARY and FEDERAL on the basis of the nature of relations between the National Government & Regional Governments. A Unitary Government is one in which all the powers are vested in the national government and → o the regional governments, if at all exist, derive their authority from the national government. o Ex → Britain, France, Japan, China, Italy, Belgium, Norway, Sweden, Spain A Federal Government, on the other hand, is one in which powers are divided between the National Government and the Regional Governments by the Constitution itself and both operate in their respective jurisdictions independently. o Ex. → US, Switzerland, Australia, Canada, Russia, Brazil, Argentina and so on have the federal model of government. The term „federation‟ is drived from a Latin word foedus which means „treaty‟ or „agreement‟. Thus, a federation is a new state (political system) which is formed through a treaty or an agreement between the various units. The units of a federation are known by various names like states (as in US) or cantons (as in Switzerland) or provinces (as in Canada) or republics (as in Russia). A federation can be formed in two ways, that is, by way of Integration or by way of Disintegration. o By way of Integration → a number of militarily weak or economically backward states (independent) come together to form a big and a strong union (US.) o By way of Disintegration → a big unitary state is converted into a federation by granting autonomy to the provinces to promote regional interest (Canada). The US is the first and the oldest federation in the world. o It was formed in 1787 following the American Revolution (1775-83). The Constitution of India provides for a federal system of government in the country. o The framers adopted the federal system due to two main reasons → the large size of the country and its socio-cultural diversity. o They realised that the federal system not only ensures the efficient governance of the country but also reconciles national unity with regional autonomy. HOWEVER, the term „federation‟ has nowhere been used in the Constitution. Instead, Article 1 of the Constitution describes India as a „Union of States‟. According to Dr B R Ambedkar, the phrase „Union of States‟ has been preferred to ‗Federation of States‘ to indicate two things → the Indian federation is not the result of an agreement among the states like the American federation; and the states have no right to secede from the federation. The federation is union because it is indestructible. The Indian federal system is based on the „Canadian model‟ and not on the ‗American model‘. [as Canadian model establishes a very strong centre] FEDERAL FEATURES OF THE INDIAN CONSTITUTION”
3,”Which of the following is/are source/ sources of Law in India? 1. Constitution of India 2. Statutes 3. Customary Law 4. Case Law Select the correct answer using the code given below.”,A: 1 only,B: 1, 2 and 4 only,C: 2 and 3 only,D: 1, 2, 3 and 4
3,D,”Sources of Law in India include the Constitution of India, Statutes, Customary Law, and Case Law.”
4,”Which among the following is/are the function/functions of the Cabinet Secretariat? 1. To ensure inter-ministerial coordination 2. Management of major crisis situations in the country Select the correct answer using the code given below.”,A: 1 only,B: 2 only,C: Both 1 and 2,D: Neither 1 nor 2
4,C,”The functions of the Cabinet Secretariat include ensuring inter-ministerial coordination and managing major crisis situations in the country.”
5,”Which of the following statements about the Committee on Public Undertakings is/are correct? 1. There are more members from the Rajya Sabha than the Lok Sabha in the Committee. 2. The Chairperson of the Committee is appointed by the Speaker of the Lok Sabha. Select the correct answer using the code given below.”,A: 1 only,B: 2 only,C: Both 1 and 2,D: Neither 1 nor 2
5,B,”The Committee on Public Undertakings has more members from the Lok Sabha than the Rajya Sabha, and its Chairperson is appointed by the Speaker of the Lok Sabha.”
6,”Which one of the following statements is not correct?”,A: A censure motion can be moved against a single Minister of the Council of Ministers.,B: A motion of no-confidence cannot be moved against the Prime Minister alone.,C: A censure motion cannot be moved against the entire Council of Ministers.,D: A censure motion can be moved against a group of Ministers.
6,C,”A censure motion can be moved against a single Minister of the Council of Ministers or a group of Ministers, but not against the entire Council of Ministers. A Council of Ministers (COMs) is collectively responsible to the Loksabha / Legislative Assembly and it remains in office till it enjoys the confidence of majority. o Collective responsibility is based on the principle of the solidarity of the cabinet. It implies that a vote of confidence even against a single minister leads to the resignation of the entire council of Ministers. Therefore, a motion of no-confidence is moved to remove the council of ministers and to remove the government from the office. [not for individual ministers or private members] Constitutional provisions o Article 75 (3) & 164 (2) COMs shall be collectively responsible to the LS and Legislative Assembly. However There is no mention of “No-Confidence” motion in the Articles of Indian Constitution LS Rule 198 specifies the procedure for a motion of no-confidence. Procedure o Introduced only in the Lok Sabha & LA o There should be a minimum of 50 members to accept the motion. If not, then the motion fails. o The motion of no-confidence is read by the Speaker within the House and asks all those favouring the motion to rise. o If 50 MPS are there in favour then the Speaker could allot a date for discussing the motion. But this has to be done within 10 days. o Then, the motion is put to vote and can be conducted through Voice Vote, Division of Votes or other means. o If the government loses a confidence motion or if the no-confidence motion is accepted by the majority then the government has to resign. Indira Gandhi has faced the No Confidence Motion 15 times, which is the highest till date. Censure Motion No-Confidence Motion It should state the reasons for its adoption in the Lok Sabha. It need not state the reasons for its adoption in the Lok Sabha. Speaker decided whether the motion is in order or not. It can be moved against an individual minister or a group of ministers or the entire council of ministers. It can be moved against the entire council of ministers only. It is moved for censuring the council actions. It is moved for ascertaining the confidence of Lok Sabha in the council of ministers. If it is passed in the Lok Sabha, the council of ministers need not resign from the office. If it is passed in the Lok Sabha, the council of ministers must resign from office.”
7,”Which one of the following is correct in respect of the appointment of District Judges?”,A: They are appointed by the Chief Justice of the concerned High Court.,B: They are appointed by the President of India on the advice of the Chief Justice of the concerned High Court.,C: They are appointed by the Governor in consultation with the High Court of the concerned State.,D: They are appointed by the Supreme Court on the advice of the concerned High Court.
7,C,”District Judges are appointed by the Governor in consultation with the High Court of the concerned State. Constitutional Provisions Appointment of District Judges By Governor of the state in consultation with the high court. Qualifications → o He should not already be in the service of the Central or the state government. o He should have been an advocate or a pleader for 7 years. o He should be recommended by the high court for appointment. Appointment of other Judges Other than district judges for Judicial Services By the governor after consultation with the SPSC and the HC. Control over Subordinate Courts By high court. [In all the matters]”
8,”The Swaran Singh Committee recommended the insertion of which one of the following provisions into the Constitution of India?”,A: Doctrine of Pleasure,B: Fundamental Duties,C: Nomination of Anglo-Indian Members to the Lok Sabha,D: Impeachment of the President of India
8,B,”The Swaran Singh Committee recommended the insertion of Fundamental Duties into the Constitution of India. SWARAN SINGH COMMITTEE FD were added on the bases of Sardar Swaran Singh Committee recommendations. Added thru 42nd Constitutional Amendment Act,1976. This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A which included Ten Fundamental Duties.”
9,”What is the term of office of the Chairperson and Members of the National Human Rights Commission?”,A: 5 years or up to 70 years of age,B: 3 years or up to 70 years of age,C: 5 years or up to 65 years of age,D: 3 years or up to 65 years of age
9,B,”The term of office of the Chairperson and Members of the National Human Rights Commission is 3 years or up to 70 years of age, whichever is earlier. NATIONAL HUMAN RIGHTS COMMISSION (NHRC) It is a statutory body established on 12th October, 1993 under the Protection of Human Rights Act (PHRA), 1993. The Act also provides for the creation of the State Human Rights Commission as well. Composition: o The chairperson is a retired CJI or a J. of the SC . o Out of Three members least 1 will be a woman. o Chairpersons of various commissions such as The National Commission for Scheduled Castes & STs The National Commission for Women The National Commission for Backward Classes The National Commission for the Protection of Child Rights The Chief Commissioner for Persons with Disabilities. o appointed by the President on the recommendations of a six-member committee consisting of: [Same goes for members] Prime Minister (head) Speaker of the Lok Sabha Deputy Chairman of the Rajya Sabha Leaders of the Opposition in both the Houses of Parliament Union Home Minister. Term and removal: o They hold office for a term of 3 years or until they attain the age of 70 years, whichever is earlier. o The President can remove them from the office under specific circumstances. Role and Function It has all the powers of a civil court and its proceedings have a judicial character. It is empowered to utilise the services of any officer or investigation agency of the Central government or any state government for the purpose of investigating complaints of human rights violation. It can look into a matter within one year of its occurrence. The NHRC either suo moto or after receiving a petition may seek a report from the central government with regards to violations of Human Rights by the Armed Forces.. The government shall inform the commission of the action taken on the recommendations within the period of three months or such further time as the commission may allow. It is not empowered to act when human rights violations through private parties take place.”
10,”Which one of the following powers of the Supreme Court is also conferred on a High Court?”,A: Advisory power,B: Power of doing complete justice in any cause or matter pending before the court,C: Power of court of record,D: Power to allow/refuse Special Leave Petitions
10,C,”A High Court, like the Supreme Court, is a court of record, meaning it has the power of being a legal precedent and has the power to punish for contempt of court. A COURT OF RECORD The judgements, proceedings and acts of the high courts are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any subordinate court. They are recognised as legal precedents and legal references. It has power to punish for contempt of court, either with simple imprisonment or with fine or with both o The expression ‗contempt of court‘ has not been defined by the Constitution. However, the expression has been defined by the Contempt of Court Act of 1971. HOWEVER in Art, 19 it is a reasonable restriction of on Speech & Expression. o Under this, contempt of court may be civil or criminal. Civil contempt means wilful disobedience to any judgement, order, writ or other process of a court or wilful breach of an undertaking given to a court. Criminal contempt means the publication of any matter or doing an act which scandalises or lowers the authority of a court; or prejudices or interferes with the due course of a judicial proceeding; or interferes or obstructs the administration of justice in any other manner. However, innocent publication and distribution of some matter, fair and accurate report of judicial proceedings, fair and reasonable criticism of judicial acts and comment on the administrative side of the judiciary do not amount to contempt of court. As a court of record, a high court also has the power to review and correct its own judgement or order or decision, even though no specific power of review is conferred on it by the Constitution. o The Supreme Court, on the other hand, has been specifically conferred with the power of review by the constitution.”
11,”The Constitution of India does not guarantee which one of the following as a fundamental right?”,A: Right to equality,B: Right against exploitation,C: Right to property,D: Right to carry on trade and business
11,C,”The Constitution of India does not guarantee the Right to Property as a fundamental right anymore. Originally, the Constitution provided for 7 Fundamental Rights (FRs). However, the Right to Property was deleted from the list of FRs by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution.”
12,”Who among the following fixes the date of election of the Speaker of the Lok Sabha?”,A: The President of India,B: The Minister of Parliamentary Affairs,C: The Secretary General of the Lok Sabha,D: The Deputy Speaker of the Lok Sabha
12,A,”The date of election of the Speaker of the Lok Sabha is fixed by the President of India. The Speaker of the Lok Sabha is elected by the Lok Sabha from amongst its members as soon as may be, after its first sitting. The Speaker remains in office during the life of the Lok Sabha unless removed under specific circumstances outlined in Article 94 of the Constitution.”
13,”Which one of the following statements with regard to the Directive Principles of State Policy is not correct?”,A: They are not enforceable in a court of law.,B: They can override all the fundamental rights.,C: They can be related to social and economic justice.,D: They can be related to giving free legal aid
13,B,”Directive Principles of State Policy (DPSP) are not enforceable in a court of law. They provide guidelines for the state while formulating policies and enacting laws. DPSPs cannot override fundamental rights (FRs). They aim at establishing economic, social, and political democracy in the country. They are non-justiciable in nature but can be used as aids for interpreting the Constitution.”
14,”Which one of the following statements about the Supreme Court is not correct?”,A: Under Article 129 and Article 144 of the Constitution of India, the Supreme Court has been vested with power to punish for contempt of court.,B: The Supreme Court has been vested with advisory jurisdiction.,C: The Supreme Court may refuse to provide opinion to the President, if so asked, in certain circumstances.,D: Law declared by the Supreme Court is binding on all courts within the territory of India.
14,A,”Under Article 129 and Article 144 of the Constitution of India, the Supreme Court has been vested with power to punish for contempt of court. This statement is incorrect. The power to punish for contempt of court is vested with the High Courts under Article 215 and with the Supreme Court under Article 129 of the Constitution.”
SUPREME COURT
The Constitution of India provides for a Unified Judiciary. Unlike the American
Federation, the Indian Constitution provides for a single judiciary common to the union
and the States. The Supreme Court remains at the apex of the judicial hierarchy in India.
This single system of courts, adopted from the Government of India Act of 1935, enforces
both Central laws as well as the state laws.
SC was inaugurated on January 28, 1950. It succeeded the Federal Court of India,
established under the Government of India Act of 1935
Articles 124 to 147 in Part V → deal with the organisation, independence, jurisdiction,
powers, procedures and so on of the Supreme Court. The Parliament is also authorised to
regulate them.
Article 129 → Supreme Court to be a court of record and The Supreme Court shall be a
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court of record and shall have all the powers of such a court including the power to
punish for contempt of itself.
Article 144 of the Indian Constitution → advises civil and judicial authorities to act in aid
of the Supreme Court.
The Supreme Court is not bound to give its opinion. Rather, the Supreme Court may
decline to give its opinion under Article 143 in cases it does not consider proper or not
amenable to such exercise. (Statement 3 is correct)
The law declared by the Supreme Court shall be binding on all courts within the territory of
India. Article 141: It stated that the Supreme Court’s decisions were binding on all courts in
India. (Statement 4 is correct)