General Flashcards
- Territorial jurisdiction for issuing writs is wider for SC than HC
- High court may refuse to exercise it’s writ jurisdiction under article 226
Both correct
Constitution allows people to ban autocracy and adopt democracy
Not necessarily. Constn doesn’t always specify for democracy. Ex: Syrian constn
Which of the following suggestions made by swaran singh commitee to be included as FD
a. Duty to pay taxes
b. Family planning
c. Casting vote
Only duty to pay taxes
Only states where President rule has not been imposed so far
Chatisgarh and telegana
Constn leaves the choice of having leg council to the parliament
Art 169 - choice is to individual states
Consider the statements regarding North East council
1. Initially sikkim was not part of it. Added in 2002
2. Min of DOner is the exofficio chairman
- True.
- Home min
The president enjoys not just suspensive veto but absolute veto over state bills
True
Withhold assent not only in first instance bit also second instance
Consider the following statements.
1. Each village, demarcated as per the Census, must have its own dedicated Gram Sabha and Gram
Panchayat.
2. Anyone who is eligible to vote in Lok Sabha elections from a particular village can also vote in Gram
Panchayat elections.
Which of the above statements is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution: b)
The Gram Sabha is a meeting of all adults who live in the area covered by a Panchayat. This could be only one
village or a few villages. In some states, a village meeting is held for each village.
Anyone who is 18 years old or more and who has the right to vote is a member of the Gram Sabha. These adults
also have a right to vote in Lok Sabha (LS) elections.
18) Consider the following statements regarding Law Commission of India.
1. The Law Commission of India is a statutory body constituted by the Government of India from time to
time.
2. The commission is re-constituted every five years.
3. The Law Commission shall suo-motu, undertake research in law and review of existing laws in India.
Which of the above statements is/are incorrect?
a) 1, 2
b) 1, 3
c) 2, 3
d) None of the above
Solution: a)
The Law Commission shall, on a reference made to it by the Central Government or suo-motu, undertake
research in law and review of existing laws in India for making reforms therein and enacting new legislations. It
shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of
delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.
The Law Commission of India is a non-statutory body constituted by the Government of India from time to time.
The Commission was originally constituted in 1955 and is re-constituted every three years.
The various Law Commission have been able to make important contribution towards the progressive
development and codification of Law of the country.
The Law Commission will be constituted for a period of three years from the date of publication of its Order in the
Official Gazette.
25) Consider the following statements.
1. Right to cast a vote in elections is neither a fundamental right nor a right under common law.
2. Prisoners can cast their vote from jails through postal ballot.
Which of the above statements is/are incorrect?
The Supreme Court had observed that the right to cast a vote in elections is neither a fundamental right
nor a right under common law.
Who can vote and who cannot?
Under Section 62(5) of the Representation of the People Act, 1951, individuals in lawful custody of the police
and those serving a sentence of imprisonment after conviction cannot vote. Undertrial prisoners are also
excluded from participating in elections even if their names are on electoral rolls.
Only those under preventive detention can cast their vote through postal ballots.
8) Consider the following statements regarding the ‘sealed covers’ submitted by the government or its agencies
to the Supreme Court during case hearing.
1. The practice of submission of confidential material to the court in sealed covers is not backed by any
law.
2. The Government has the privilege of non-disclosure of some documents and communications on the
ground of national security.
3. The action taken report on any case ca
In the Muzaffarpur shelter home sexual abuse case, the former Chief Justice N.V. Ramana wondered why even an
‘action taken’ report should be in a sealed envelope.
It is true that the law permits the submission of confidential material to the court in some cases. In addition,
courts can order some contents to be kept confidential. The Evidence Act also allows the privilege of nondisclosure of some documents and communications.
44) Consider the following statements regarding Food Corporation of India.
1. It is a statutory body under the Ministry of Agriculture and Farmers Welfare.
2. It has primary duty to undertake purchase, store, transport, distribute and sell food grains and other
foodstuffs.
The Food Corporation of India is an organization created and run by the Government of India. It is a statutory
body under the Ministry of Consumer Affairs, Food and Public Distribution, Government of India.
It has primary duty to undertake purchase, store, and move/transport, distribute and sell food grains and other
foodstuffs.
The initiative DARPAN, sometimes seen in news is related to
a) Improve the quality and governance of school education
b) Platform for all voluntary organisations/NGOs engaged in development activities.
c) Expand immunization coverage across the country.
d) Disaster preparedness, and responses during health emergencies
NGO-DARPAN is a platform that provides space for interface between Non-Government organizations (NGOs)/
Voluntary Organizations (VOs) in the country and key Government Ministries / Departments / Government
Bodies.
It started out as an initiative of the Prime Minister’s Office, to create and promote a healthy partnership between
NGOs/VOs and the Government of India. Now it is an e-governance application offered by NITI Aayog to
electronically maintain data and transparency regarding NGOs/VOs in the country.
Consider the following statements regarding The Consumer Protection Act, 2019.
1. The Act recognises offences such as providing false information regarding the quality or quantity of a
good or service, and misleading advertisement.
2. Central Consumer Protection Authority is constituted under the Act, which is an advisory body.
3. Central Consumer Protection Authority will be headed by the Ministry of Consumer Affairs, Food and
Public Distribution.
Which of the above statements is/are correct?
Central Consumer Protection Authority constituted under Section 10(1) of The Consumer Protection Act, 2019.
The Act replaced The Consumer Protection Act, 1986, and seeks to widen its scope in addressing consumer
concerns. The new Act recognises offences such as providing false information regarding the quality or quantity
of a good or service, and misleading advertisements. It also specifies action to be taken if goods and services are
found “dangerous, hazardous or unsafe”.
The CCPA aims to protect the rights of the consumer by cracking down on unfair trade practices, and false and
misleading advertisements that are detrimental to the interests of the public and consumers.
The CCPA will have the powers to inquire or investigate into matters relating to violations of consumer rights or
unfair trade practices suo motu, or on a complaint received, or on a direction from the central government.
CCPA will have Chief Commissioner as head, and two other commissioners as members.
The CCPA will have an Investigation Wing that will be headed by a Director General.
Which of the following Chief Justice of India has acted as President of India?
A. M. Hidayatullah
B. P.B.GajendraGadkar
C. P.N.Bhagwati
D. All of the above
A
So far no case has gone to supreme court regarding repromulgation of ordinance by the president
True!
Constitution has not fixes any emoluments for the VP in that capacity
True
Draws salary as exofficio chairmam of RS
Even after dissolution of lok sabha, com do not cease to hold office
True
That’s what SC said. Prez cannot exercise executive power without the aid and advise of council of min
The classification of COM into 3 tiers ( cabinet, min of state, deputy) though not mentioned in the constn is mentioned in salaries and allowances act of 1952
True
Size of COM os fixed by the constn at 15% of the size of lok sabha
Size is not fixed
Constn speaks about the limit
4) Consider the following statements regarding the President’s address in the Parliament.
1. In India, the practice of the President addressing Parliament can be traced back to the Government of
India Act of 1919.
2. President’s address is the only occasion in the year when the entire Parliament come together.
3. In the past, there are instances where the President’s speech is delivered by the Vice president
discharging the functions of the President.
Which of the above statements is/are correct?
In India, the practice of the President addressing Parliament can be traced back to the Government of India Act
of 1919. This law gave the Governor-General the right of addressing the Legislative Assembly and the Council of
State. The law did not have a provision for a joint address but the Governor-General did address the Assembly
and the Council together on multiple occasions. There was no address by him to the Constituent Assembly
(Legislative) from 1947 to 1950. And after the Constitution came into force, President Rajendra Prasad addressed
members of Lok Sabha and Rajya Sabha for the first time on January 31, 1950.
The President’s address is one of the most solemn occasions in the Parliamentary calendar. It is the only occasion
in the year when the entire Parliament, i.e. the President, Lok Sabha, and Rajya Sabha come together.
In the past, there are instances where the President’s speech is delivered by the Vice president discharging the
functions of the President.
) Consider the following statements regarding Indian Citizenship Act, 1955.
1. According to the Act, any Indian citizen who acquires foreign citizenship ceases to be an Indian citizen.
2. The Act specifies the procedure required for termination of Indian citizenship in case of acquisition of
foreign citizenship.
3. Some of the provisions of the law does not apply when India is at war with any country.
Which of the above statements is/are correct?
a) 1, 2
b) 1, 3
c) 2, 3
d) 1 only
India does not allow dual citizenship. According to Section 9 of the Indian Citizenship Act, 1955, any Indian citizen
who acquires foreign citizenship ceases to be an Indian citizen.
“Any citizen of India who by naturalisation, registration, otherwise voluntarily acquires, or has at any time
between the 26th January, 1950 and the commencement of this Act, voluntarily acquired the citizenship of
another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of
India,” Section 9 says.
The only exception when this law does not apply is when the two concerned countries are at war with each
other.
Neither the Act nor the Citizenship Rules of 2009 specify any procedure required for termination of citizenship
in case of acquisition of foreign citizenship. Legal experts say the law is clear that Indian citizenship will cease to
exist the moment one acquires foreign citizenship.
The summoning of Parliament is based on the provisions of the Government of India Act, 1935.
true
Any question regarding the age of SC judge is determined by SC
No
Such authority and in such manner as provided by the parliament
Constn authorizes prez to appoint other place or places as seat of sc
False
Cji
Strength of HC is decided by
President
Question regarding age of HC judge is decided by
President after consultation with CJI
The retired judges of HC are banned from practicing after retirement
But can plead in SC or any other hc
Which of the following is true wrt supervisory jurisdiction of HC
1. Extends to all courts and tribunals within the territory whether they are subject to the appellate jurisdiction of HC or not
2. It is a revisional jurisdiction
3. Includes both administrative and judicial superintendence
All 3 are true
Governor’s action of withholding assent to a Bill cannot be struck down as unconstitutional by the
courts.
It may be noted that the Governor while declaring that he withholds assent will have to disclose the reason for
such refusal. If the grounds for refusal disclose mala fide or extraneous considerations or ultra vires, the
Governor’s action of refusal could be struck down as unconstitutional. This point has been settled by a
Constitution bench of the Supreme Court in Rameshwar Prasad and Ors. vs Union Of India and Anr.
Consider the following statements.
1. Free and fair election is a basic structure of the Constitution of India and includes within its ambit the
right of an elector to cast his vote without fear of reprisal.
2. Representation of People Act, 1951 defines “electoral right” as the right of a person to vote or refrain
from vote at an election.
3. Granting a paid holiday to every person employed in any business, trade, industrial undertaking or any
other establishment, is mentioned in the Representation of People Act, 1951.
In PUCL vs Union of India, the Court said: “… free and fair election is a basic structure of the Constitution and
necessarily includes within its ambit the right of an elector to cast his vote without fear of reprisal, duress or
coercion.
Section 79 D of the Representation of People Act, 1951 defines “electoral right” to mean the right of a person
to… vote or refrain from vote at an election”. The same provision exists in the Indian Penal Code, vide Section
171A (b).
The law completely enables, but does not force, citizens to vote. Section135B of the Representation of People
Act, 1951, grants a paid holiday to every person employed in any business, trade, industrial undertaking or any
other establishment.
. Only the Union Government has the power to identify and deport foreign nationals who are in India
illegally.
Section 3(2)(c) of the Foreigners Act, 1946 gives the Centre the right to deport a foreign national. The power to
identify and deport foreign nationals who are in India illegally has been delegated to the states, Union
Territories and the Home Ministry’s Bureau of Immigration
Ministry of urban Development deals with urban local govt in states and UTs
For UT it is ministry of home affairs
There can be a seperate act for each municipal Corporation in the state
True
President can place the personnel system of any authority, corporate body or public institution within the jurisdiction of upsc
False
Only parl can extend the jurisdiction of upsc
The president can exclude posts, services, and matters from the purview of upsc
True
But such regulations should be laid before both house of parl for atleast 14 days. The parl can amend or repeal them
CAG compiles and maintains the account of only state govt
True
) Consider the following statements regarding Model code of conduct (MCC).
1. This code is based on consensus among political parties.
2. It is part of the Representation of the People Act 1951.
3. MCC is issued by Election Commission of India (ECI) in exercise of its powers under Article 324.
Which of the above statements is/are correct?
2 is wrong
The model code of conduct issued by the ECI is a set of guidelines meant for political parties, candidates and
governments to adhere to during an election.
* The code has been issued in exercise of its powers under Article 324.
* Since it is a code of conduct framed on the basis of a consensus among political parties, it has not been
given any legal backing.
* Although a committee of Parliament recommended that the code should be made a part of
the Representation of the People Act 1951, the ECI did not agree to it on the ground that once it becomes a
part of law, all matters connected with the enforcement of the code will be taken to court, which would delay
elections
What is the difference between negative and positive liberty?
Positive liberty is the ability to act on one’s free will, as opposed to negative liberty, which is freedom from external restraint on one’s actions.
Consider the following statements regarding All India Services:
1. All-India Service is compositely administered under Article 312.
2. Under Article 312 Centre, states are empowered to erect and maintain services for running their
administration.
3. Rule 6 of the IAS (Cadre) Rules 1954 seeks tripartite consent of the officer, the state, and the
central government.
Which of the statement given above is/are correc
Article 312. (2) of the Indian Constitution, which includes All India Services. Hence, the Services known at
the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service
shall be deemed services created by Parliament under this article. So, statement 1 is correct.
Article 309 of the Constitution, the Centre and states are empowered to erect and maintain services for
running their administration. Both the Centre and the states exercise full control over their services
independently.
Article 312 states that Unlike a central service or state service, an All-India Service is compositely
administered under Article 312. While the Centre determines recruitment and allotment to a cadre, the
states determine the work and posting. So, statement 2 is not correct.
All India Services officers held all posts under the control of the Central Government, which includes posts
under an association or body of individuals, which is controlled by the Central Government for all posts
under Rule 6(2)(ii) of the IAS/IPS/IFS (Cadre) Rules. Hence, it does not seek tripartite consent.
) With reference to the star campaigners during elections, consider the following statements.
1. Both recognized national and state can field a maximum of 40-star campaigners.
2. The expenditure of the star campaigner has to be shared between the party and the
candidate for which he campaigns.
Which among the above statements is/are correct?
Both 1 and 2
Expenditure incurred on electioneering by the star campaigner is not added to a candidate’s poll expenditure giving him/her more scope for expenditure.
However, for an individual candidate to get relief from campaign expenditure, the star campaigner has to limit oneself to general campaigning for the party.
According to the Representation of People’s Act, these expenses will be borne by the political parties.
The MCC guidelines say when a prime minister or a former prime minister is star campaigner, the expenditure incurred on security including on the bullet-proof vehicles will be borne by the government and will not be added to the election expenses of the party or the individual candidate.
However, if another campaigner travels with the prime minister, the individual candidate will have to bear 50% of the expenditure incurred on the security arrangements.
Quorum of gst council
One half of the total members of the council
Art 359 operates only in case of external emergency and not armed rebellion
False
358- only in case of external emergency
359- both external and internal
A law that violates the provision in the Directive principles cannot be declared void by the courts.
true
The introduction of Fundamental Duties placed our Constitution in accordance with Article 29 (1) of the Universal Declaration of Human Rights
TRUE
Article 29 (1) of the Universal Declaration of Human Rights in 1948, states Everyone has duties to the community in which alone the free and full development of his personality is possible
Which of the following provision of the Indian Constitution ended the feudal mode of society to usher in the democratic republic that the makers of the Nation dreamt of ?
(a) Article 15
(b) Article 18
(c) Article 17
(d) Article 19
(b) Article 18
the hereditary titles of nobility like Maharaja, Raj Bahadur, Rai Bahadur, Rai
Saheb, Dewan Bahadur, etc., which were conferred by colonial States, are banned by Article 18 as these are against the principle of equal status of all. Thus, it helped to end the feudal mode of society,
In the event of a national emergency, the writ of Habeas Corpus remains effective.
Under the original Constitution, the President had the power to suspend any fundamental right, including personal liberty (Article 21). In order to uphold citizens’ liberty, Parliament enacted the 44th constitutional amendment act of 1978, in which the President cannot suspend personal liberty (which includes the right to file writ petitions like Habeas corpus if any other personal liberty is curtailed) even during a National Emergency. So, statement 2 is correct
Right to establish Educational Institutions is a Fundamental Right guaranteed under which Article of the
Constitution to all the citizens of India ?
(a) Article 30
(b) Article 19
(c) Article 29
(d) Article 15
(b) Article 19
The recent judgment of the Supreme Court held that the right to establish educational institutions is a fundamental right under article 19(1)(g) with some reasonable restrictions that the State can impose only by law and not executive instruction.
As per article 19(1)(g), all citizens have the right to practice any profession, including establishing
educational institutions like schools, colleges, etc.
In Indian democracy, the right to vote is an absolute constitutional right
Under Article 326 of the Indian Constitution- Every citizen has to attain the age of 18 to exercise this
particular right. Full voting rights were guaranteed to the citizens of India under the concept of ‘Universal Suffrage,” So it is a constitutional right. At the same time right to vote is a legal right under section 62 of the Representation of People’s Act (R.P.A.) 1951 with some exemptions (i.e., the prisoner cannot vote).
So, the right to vote is not absolute.
Thus, the right to vote is a non-absolute constitutional right. So, Statement 1 is not correct
right to strike is not a fundamental right but a legal one
In India, the right to protest is a fundamental right under Article 19 of the Constitution of India. But the right to strike is not a fundamental right but a legal one under the Industrial Dispute Act of 1947
Consider the following statements :
1. Writs of certiorari and prohibition are not available against legislative bodies.
2. Writ of Quo Warranto can be sought by an aggrieved person only.
3. Writ of prohibition is not available against administrative authorities.
In 1991, the Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting individuals’ rights; the prohibition and certiorari are not available against legislative bodies and private individuals
The writ Quo Warranto means ‘by which authority or by what warrant.’ It is issued by the Court to
enquire into the legality of a person’s claim to a public office. Hence, it prevents the illegal hold of public office by a person. It cannot be issued in cases of ministerial office or private office. Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person
The writ prohibition means ‘to forbid.’ It is issued by a higher court to a lower court or tribunal to prevent the occurrence from exceeding its jurisdiction that it does not possess. The writ of prohibition can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies, and private individuals or bodies
Who will act as VP in case of vacancy of his office
Constitution is silent
When the president uses his absolute veto
two cases:
When the bill passed by the Parliament is a Private Member Bill
When the cabinet resigns before President could give his assent to the bill. The new cabinet may advise the President to not give his assent to the bill passed by the old cabinet.
Note: In India, the President has exercised his absolute veto before. In 1954, it was exercised by Dr. Rajendra Prasad as a President and later in 1991, it was used by the then President R Venkataraman
President can declare war and conclude peace subject to the approval of the parliament
True
A person must prove his majority in the Loksabha before being appointed as the PM
False
First appoint and prove within a month
The form of oath of office and secrecy for Pm is similar to that for any union minister
True
Council of ministers don’t have collective functions
True !
All the States and Union Territories have representation in the Zonal Council
Until now, Andaman and Nicobar Islands, Lakshadweep, have not been members of the Zonal Councils. However, they are presently special invitees to the Southern Zonal Council.
. The Supreme Court has the power to decide whether the emergency should be continued if the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse, or
malafide
false
the supreme court has the power to decide only the ground of declaration is relevant or not and it cannot declare the emergency void.
The common law doctrine of riparian rights has been codified in India by
the Indian Easements Act of 1882. Under the Easements Act, the rights of a riparian, i.e., a person who owns the land adjoining a river or a water stream, is recognized by this right. A riparian owner is bestowed with the right to use a water stream that flows past his land equally with other riparian owners. So
. Taxes on the sale of aviation turbine fuel is levied, collected and retained by the Centre.
Article 269 (F) states the Taxes Levied, Collected and Retained by the States: These are the taxes
belonging to the states exclusively. They are enumerated in the state list and are 18 in number; taxes on the sale of petroleum crude, high-speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel, and alcoholic liquor for human consumption, So statement 3 is not correct
44th Amendment Act of 1978. Before the
amendment, a proclamation could be revoked by the President on his own, and the Lok Sabha had
no control in this regard
true
. The laws made by Parliament on the state subjects during a National Emergency become
inoperative as soon as the emergency has ceased to operate.
The laws made by Parliament on the state subjects during a National Emergency become inoperative six months after the emergency has ceased to operate.
With respect to the Head of the State in India, consider the following statements:
1. The Constitution empowers the Chief Justice of India to discharge President’s function if the
President’s and vice president’s offices remain vacant.
2. Unlike the USA, the impeachment of the President of India requires the consent of more than half of the State legislature.
Which of the above-given statement is/are correct?
The Constitution of India does not provide for the Chief Justice of India to act as President.
➢ The President (Discharge Of Functions) Act, 1969 provided that In the event of the occurrence of vacancies in the offices of both the President and the Vice-President, by reason in each case of death, resignation or removal, or otherwise, the Chief Justice of India or, in his absence, the senior most Judge of the Supreme Court of India available shall discharge the function
With reference to the Power of the President, Consider the following statements:
1. All laws enacted by the Parliament are enforced by him/her
2. The President summons, Adjourns and prorogues the Houses of Parliament.
3. The President being an integral part of Parliament enjoys legislative powers.
Which of the above-given statement is/are correct?
A bill passed by both Houses of Parliament cannot become law without the President’s assent. All
executive actions of the Government of India are formally taken in his name. He can make rules
specifying how the orders and other instruments made and executed in his name shall be authenticated.
So, statement 1 is correct
The power of adjournment, as well as adjournment sine die, lies with the presiding officer of the House, not by the President.
The President is integral to the Parliament of India and enjoys some legislative powers.
Attorney General is a full-time counsel for the Government.
Attorney General is not a full-time counsel for the Government. He does not fall into the category of a government servant. Hence, he is not debarred from private legal practice. S
As per convention, Attorney general of India is not eligible for reappointment
Attorney General can be reappointed or is eligible for any other government appointment after ceasing to hold office. Recently K.K. Venugopal has been reappointed as the Attorney General (A-G), the country’s top law officer
) Who acts as the Chief advisor to the Governor when President’s Rule is imposed in the State?
Chief Secretary
Regarding the 91st Constitutional Amendment Act 2003:
It mandates the strength of the Council of Ministers should not exceed 10% of the total legislature in the Union territory of Delhi and Puducherry.
The 69th constitutional amendment Act made special provisions with respect to Delhi. Added article 239AA, which says, “There shall be a Council of Ministers consisting of not more than ten percent, of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor.” Hence 69th constitutional amendment made this provision and not the 91st amendment act
Consider the following statements in relation to Socially and Educationally Backward Classes
(SEBCs):
1. Article 342A empowers the President to notify any class of citizens as Socially and Educationally
Backward Classes (SEBC).
2. The List of SEBCs notified by the President shall be used only for the purposes of the Central
Government.
3. Every State or Union Territory may, by law, prepare and maintain for its own purposes a separate list of SEBCs.
Which of the statements given above is/are correct?
Article 342A(1) empowers the President to specify the socially and educationally backward classes which shall, for the purposes of this Constitution, be deemed socially and educationally backward classes in relation to that State or Union territory, as the case may be. So, Statement 1 is correct.
Article 342A specifies that the List of SEBCs notified by the President shall be only for the purposes of the Central Government alone and that the ‘Central List’ means only the list “prepared and maintained by and for the Central Government.” So, Statement 2 is correct.
The 105th Constitution Amendment aimed at restoring to the States their power to identify socially and educationally backward classes. Article 342A which clarify that state governments have the power to identify OBCs or socially and educationally backward classes to be included on the respective state lists only. So, Statement 3 is correct.
The Electoral College for electing the President of India comprises only the elected members of
Parliament and State Legislative Assemblies.
false
The electoral college system for electing the President of India consists of all the elected members of the Upper and Lower Houses of Parliament (Rajya Sabha and Lok Sabha MPs) and the elected members of the Legislative Assemblies of States and Union Territories (MLAs).
The Office of the Attorney General is not a public authority under RTI Act
The recent verdict of the Delhi high court found that the attorney general’s office would not be a public authority and does not fall within the Right to Information Act (RTI). The role of the AGI is not limited to merely acting as a lawyer for the Government of India. The AGI is a constitutional functionary and is obliged to discharge the functions under the Constitution and any other law
) Consider the following statements regarding the election of the President:
1. Members of the Electoral College can vote freely and are not bound by any party whips.
2. An elector under preventive detention can cast his vote through a postal ballot.
Recently, The Election commission of India has clarified that political parties cannot issue any whip to their MPs and MLAs in the matter of voting in the Presidential election. And also clarified Anti-defection law does not apply to presidential polls. So, Statement 1 is correct.
The election commission clarified that it would allow electors of the presidential election under preventive detention to cast their vote in the presidential election through postal ballot. Thus, An elector (MP or MLA) under preventive detention can cast his vote through a postal ballot, which will be sent to him by the Election Commission at the place of his detention.
According to the provisions of Article 356, President’s Rule in a state can be imposed for a maximum duration of three years, and till now this provision has not been breached in any state.
However, in the past, President’s Rule has been extended for significantly longer periods under specific circumstances. For instance, Punjab was under President’s Rule from 1987-1992 due to the growing militancy.
Article 356 was inspired by
the Government of India Act, 1935.
In the pre constitution era high court jurisdiction didn’t extend over revenue matters
True
The first Government defeated by a NO-confidence motion was
Atal Bihari Vajpayee government in the year 1999
The High court has no jurisdiction over the Armed forces tribunal.
In January 2020, the Supreme Court made it clear that the verdicts of the Armed Forces Tribunals (AFT)
can be challenged before the high courts. In march 2022, Delhi High Court held that the Armed Forces
Tribunal Act 2007 excludes the administrative supervision of the High Court under Article 227(4) of the
Constitution but “not judicial superintendence” and “certainly not” jurisdiction under Article 226 of the
Constitution. It clarified that the Supreme Court had reinstated the right to challenge verdicts of AFTs
in the High Courts
The High court has no jurisdiction over the Armed forces tribunal.
In January 2020, the Supreme Court made it clear that the verdicts of the Armed Forces Tribunals (AFT)
can be challenged before the high courts. In march 2022, Delhi High Court held that the Armed Forces
Tribunal Act 2007 excludes the administrative supervision of the High Court under Article 227(4) of the
Constitution but “not judicial superintendence” and “certainly not” jurisdiction under Article 226 of the
Constitution. It clarified that the Supreme Court had reinstated the right to challenge verdicts of AFTs
in the High Courts
With respect to the process of Inclusion of Communities in the Scheduled Tribes List, consider the
following statements:
1. Only those proposals recommended and justified by the concerned State/UTs can be processed further.
2. Every State in India has at least one community as a designated Scheduled Tribe.
3. The Lokur Committee is associated with the Scheduled Tribes List.
1 and 3
According to the Government of India order dated 15.6.1999, only those proposals recommended and justified by the concerned State Government / UT Administration can be processed further. After that, it has to be concurred with by the Registrar General of India (RGI) and National Commission for Scheduled Tribes (NCST) for consideration for amendment of legislation. So, Statement 1 is correct.
No community has been specified as a Scheduled Tribe with the State of Haryana and Punjab and the
Union Territories of Chandigarh, Delhi and Puducherry.
According to the Constitution, any Member of Parliament may propose a no-confidence motion
Noconfidence motion can be moved only in Lok Sabha (or state assembly, as the case may be). It is not
allowed in Rajya Sabha (or state legislative council). So, Statement 1 is not correct
) With reference to the Adjournment Motion, consider the following statements:
1. It was raised to discuss a definite matter of urgent public importance.
2. It can only be moved with the Speaker’s approval.
3. To be adopted, the motion should raise a question of privilege.
4. If it is admitted, it results in the suspension of the House’s regular business
5. It involves an element of Censure against the Government.
1,2,4 and 5
) With reference to the Adjournment Motion, consider the following statements:
1. It was raised to discuss a definite matter of urgent public importance.
2. It can only be moved with the Speaker’s approval.
3. To be adopted, the motion should raise a question of privilege.
4. If it is admitted, it results in the suspension of the House’s regular business
5. It involves an element of Censure against the Government.
1,2,4 and 5
whats the procedure if Constitution Amendment Bills is sponsored by a private member
If sponsored by a Private Member, the Bill must be examined in the first instance and recommended for introduction by the Committee on Private Members’ Bills and Resolutions before it is included in the List of businesses. Motions for the introduction of the Bills are decided by a simple majority
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With reference to the Calling Attention, consider the following statements:
1. The Calling Attention procedure is taken from British Parliament
2. The House will not vote on the Calling Attention issue.
3. The matters which are primarily the concern of the Union Government cannot be raised under it.
With reference to the Calling Attention, consider the following statements:
1. The Calling Attention procedure is taken from British Parliament
2. The House will not vote on the Calling Attention issue.
3. The matters which are primarily the concern of the Union Government cannot be raised under it.
Like zero hours, it is also an “Indian innovation” in the parliamentary procedure and has existed since 1954. However, unlike the zero hours, it is mentioned in the Rules of Procedure.
It’s applicable under all houses where democratically elected candidates meet throughout India (Lok
Sabha, Rajya Sabha, and Vidhan Sabha of respective states). Each member gets 2 chances during a single session for a Calling Attention Motion. Hence, The House will not vote on the Calling Attention motion. So, statement 2 is correct.
Calling Attention Motion is a parliamentary protocol for an immediate discussion in the purview of public
interests. Only those matters, primarily the Union Government’s concern, can be raised through a calling
attention notice. So, statement 3 is not correct.
All the resolutions passed by the House have the force of law and should be complied with.
➢ Resolutions that have statutory effect: The notice of a Statutory resolution is given in pursuance
of a provision in the Constitution or an Act of Parliament. Such a resolution, if adopted, is
binding on the Government and has the force of law. Not All resolution has the force of law. So, Statement 2 is not correct.
A member elected in a bye-election serves only for the remainder of the term of the vacancy caused.
Section 151A of the Representation of the People Act, 1951 mandates the Election Commission to fill
the casual vacancies in the Houses of Parliament and State Legislatures through bye-elections within
six months from the date of occurrence of the vacancy, provided that the remainder of the term of a
member in relation to a vacancy is one year or more. And the newly elected member will serve only
for the remaining term of the vacancy caused. So, Statement 2 is correct.
Parliament may extend the provisions of 73rd and 74th caa to UTs
False
President
6th schedule was based on the reports of
of Bardoloi Committee formed by the Constituent Assembly.
Subordinate courts can issue writs suo motu in the interest of justice
Article 32 and Article
226 of the Indian Constitution warrant the Supreme Court and High Court to take up matters
independently. Suo motu cognizance can be taken up by the Supreme Court or high courts in
the following matters: (1) contempt of Court, (2) reopening of old cases, (3) probing new cases.
Subordinate courts do not have the authority to act Suo moto in the interests of justice. So, statement 3 is not correct.
The Writ of habeas corpus is not issued where the
(a) detention is lawful, (b) the proceeding is for
contempt of a legislature or a court, (c) detention is by a competent court, and (d) detention is outside the Jurisdiction of the Court. So, statement 2 is not correct.
what is the income limit eligibility for free legal services in Supreme court
Section 12 of the Legal Services Authorities Act
A person in receipt of annual income less than the amount mentioned in the following schedule (or
any other higher amount as may be prescribed by the State Government), if the case is before a
Court other than the Supreme Court, and less than Rs 5 Lakh, if the case is before the Supreme
Court
There are 25 High Courts in the country, with five having jurisdiction over more than one
State.
There are 25 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories Delhi,- and Union Territories of Jammu & Kashmir and Ladakh have a High Court of their own. The other five Union Territories come under the Jurisdiction of different State High Courts