POLITY ONLYIAS - Sheet6 Flashcards
1,”In the Government of India Act 1919, the functions of Provincial Government were divided into “Reserved” and “Transferred” subjects. Which of the following were treated as “Reserved” subjects? 1. Administration of Justice 2. Local Self-Government 3. Land Revenue 4. Police Select the correct answer using the code given below:”,(a) 1, 2 and 3; (b) 2, 3 and 4; (c) 1, 3 and 4; (d) 1, 2 and 4,2022
1,c,”The Government of India Act 1919, also known as Montagu-Chelmsford Reforms came into force in 1921 with the sole purpose to ensure Indians of their representation in the Government. The Act divided the provincial subjects into two parts – transferred and reserved, this dual scheme of governance was known as ‘dyarchy’. Options 1, 3 and 4 are ‘Reserved Subjects’: The reserved list includes subjects such as Law and Order, Finance, Land Revenue, Administration of Justice, Police, irrigation etc. and the subjects were to be administered by the governor through his executive council of bureaucrats. All-important subjects were kept in the reserved subjects of the Provincial Executive. Option 2 is ‘Transferred Subjects’: The transferred subjects were to be administered by ministers nominated from among the elected members of the legislative council and it included subjects such as education, health, Local Self-Government, industry, agriculture, excise, etc. Other Important Provisions of Government of India Act (Montagu-Chelmsford Reforms) Act, 1919: Relaxed the central control over the provinces by demarcating and separating the central and provincial subjects. Introduced Bicameralism and Direct Elections in the country. It required 3 out of 6 members in the Viceroy’s Executive Council to be Indian. It extended the principle of communal representation among the Sikhs, Indian Christians, Anglo-Indians and Europeans. Establishment of a Public Service Commission. Separated the provincial budgets from the Central budget. NOTE: Earlier question came on ‘Dyarchy’ in 2017 and in every alternate year, in one way or another there is question on acts and policies of colonial times”
2,”The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the:”,(a) Morley-Minto Reforms, 1909; (b) Montagu-Chelmsford Act, 1919; (c) Government of India Act, 1935; (d) Indian Independence Act, 1947,2012
2,c,”The distribution of powers between the Centre and the States in the Indian Constitution is given under 7th Schedule of the Indian Constitution. The 7th Schedule divides the powers into 3 lists: Union List, State List and Concurrent List. This division of powers is based on the Government of India Act, 1935. It divided the powers between the Centre and provinces in terms of three lists – Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Other Important Features of Government of India Act, 1935: It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place, while adopting the dyarchy at the Centre. It introduced Bicameralism in six out of eleven provinces. It further extended the principle of communal representation to the depressed classes (Scheduled Castes), women and labour (workers). It also abolished the Council of India, established by the Government of India Act of 1858.”
3,”In the context of any country, which one of the following would be considered as part of its social capital?”,(a) The proportion of literates in the population; (b) The stock of its buildings, other infrastructure and machines; (c) The size of population in the working age group; (d) The level of mutual trust and harmony in the society,2019
3,d,”Option (d) is correct: The term social capital was popularized by Robert Putnam. As per OECD, it can be defined as “networks together with shared norms, values and understandings that facilitate co-operation within or among groups”. It consists of trust, mutual understanding, shared values and behavior that bind together the members of a community and make cooperative action possible. Such interaction enables people to build communities, to commit themselves to each other, and to knit the social fabric. Option (a) is incorrect: The proportion of literates in the population and the size of population in the working age group are the examples of human capital. Option (b) is incorrect: The stock of its buildings, other infrastructure and machines is the example of physical capital.”
4,”One common agreement between Gandhism and Marxism is”,(a) the final goal of a stateless society; (b) class struggle; (c) abolition of private property; (d) economic determinism,2020
4,a,”The common agreement between Gandhism and Marxism is the final goal of stateless and classless society. But means to achieve these final goals differ under Gandhism and Marxism. A stateless society refers to a society that lacks formal institutions of government. Additional Information: Karl Marx: State is an instrument of oppression and an organ of the bourgeoisie that only works for maintaining class dominance. Therefore, he strives for class struggle and revolution which will ultimately result in a stateless society. Mahatma Gandhi: According to Gandhiji, even minimal state will require to use force. This was against non-violence philosophy. Instead, Gandhiji was in favour of strengthening of local self-governments,”
5,”In the context of India, which one of the following is the characteristic appropriate for bureaucracy?”,(a) An agency for widening the scope of parliamentary democracy; (b) An agency for strengthening the structure of federalism; (c) An agency for facilitating political stability and economic growth; (d) An Agency for the implementation of public policy,2020
5,d,”Permanent Executive: Bureaucracy Bureaucracy is the executive arm of the government, where the elected government employs competent state officials to run after state matters. They are selected by the government through the merit-based process. The major objective of bureaucracy in India has not been Parliamentary democracy’s expansion but rather the implementation of the decisions taken by the executive. Parliamentary democracy results often in change at the helm of executive, the static and permanent bureaucracy provides continuity of policies and execution rather than political stability”
6,”Which one of the following best defines the term ‘State? (a) A community of persons permanently occupying a definite territory independent of external control and possessing an organised government (b) A politically organised people of a definite territory and possessing an authority to govern them, maintain law and order, protect their natural rights and safeguard their means of sustenance (c) A number of persons who have been living in a definite territory for a very long time with their own culture, tradition and government (d) A society permanently living in a definite territory with a central authority, an executive responsible to the central authority and an independent judiciary”,(a) A community of persons permanently occupying a definite territory independent of external control and possessing an organised government; (b) A politically organised people of a definite territory and possessing an authority to govern them, maintain law and order, protect their natural rights and safeguard their means of sustenance; (c) A number of persons who have been living in a definite territory for a very long time with their own culture, tradition and government; (d) A society permanently living in a definite territory with a central authority, an executive responsible to the central authority and an independent judiciary,2021
6,a,”The State refers to a political institution that represents a sovereign people organized under one independent government within a definite territory and subject to no outside control. Thus, a community of persons permanently occupying a definite territory independent of external control and possessing an organized government.”
7,”Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?”,(a) A committed judiciary; (b) Centralization of powers; (c) Elected government; (d) Separation of powers,2021
7,d,”The doctrine of Separation of Powers entails the division of the legislative, executive, and judicial functions of government among different organs. This demarcation prevents the concentration of excessive power by any branch of the Government. It thus helps to safeguard the liberty and rights of the people in a democracy. In the Directive Principles of State Policy, Article 50 mentions separation of judiciary from the executive. Additional Information: Committed Judiciary: It means a judiciary committed to the policies of the government or ruling party; thus, it can’t protect the liberty of all people. Centralization of Power: Liberal-democratic theory assumes that decentralization promotes democratic participation, especially local self-government. Elected Government: Only having an elected government doesn’t safeguard liberty in liberal democracy. E.g., Pakistan.”
8,”What is the position of the Right to Property in India?”,(a) Legal right available to citizens only; (b) Legal right available to any person; (c) Fundamental Right available to citizens only; (d) Neither Fundamental Right nor legal right,2021
8,b,”z Earlier, the Indian Constitution recognized the ‘Right to Property’ as a fundamental right under Article 19(1)(f) and Article 31. Later, Right to Property as a fundamental right was abolished by the 44th Constitutional Amendment Act, 1978 and made it a legal right under Article 300-A. Article 300-A of the Constitutions states that “No person shall be deprived of his property save by Authority of Law”. Thus, Right to Property in India is a legal right available to any person.”
9,”If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?”,(a) This would prevent the transfer of land of tribal people to non-tribal people.; (b) This would create a local self-governing body in that area.; (c) This would convert that area into the Union Territory.; (d) The State having such areas would be declared a Special Category State.,2022
9,a,”Fifth Schedule: The Fifth Schedule of the Constitution deals with the provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes. Article 244 (1) of the Constitution defines Scheduled Areas as the areas defined so by the President of India and are mentioned in the 5th schedule of the Constitution. Governors can make regulations for peace & good government of Scheduled Areas after consulting the Tribal Advisory Council (TAC). Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes and regulate the business of moneylending in relation to the scheduled tribes. The provisions regarding the administration and control of Scheduled and Tribal Areas of any state except the four states are mentioned under this schedule: Assam, Meghalaya, Tripura, Mizoram. NOTE: Earlier questions on ‘Fifth Schedule’ came in 2015 and 2019. Therefore, it is advisable to prepare the theme and sub-theme very holistically.”
10,”In the context of India, which of the following principles is/are, implied institutionally in the parliamentary government? 1. Members of the Cabinet are Members of the Parliament. 2. Ministers hold the office till they enjoy confidence in the Parliament. 3. The Cabinet is headed by the Head of the State. Select the correct answer using the code given below:”,(a) 1 and 2 only; (b) 3 only; (c) 2 and 3 only; (d) 1, 2 and 3,2013
10,a,”Parliamentary System entails the Executive responsible to the legislature for its policies and legislations. The Constitution of India provides for a parliamentary form of government, both at the Centre and in the States. The Parliamentary Government is also known as Cabinet Government/Responsible Government/Westminster Model. Some of its features are as follows: In the Parliamentary System of Government members of the Cabinet are members of the Parliament. (Statement 1 is correct). The ministers in the Parliament hold the office till they enjoy the confidence of the Parliament. (Statement 2 is correct) The Head of the state is President, and he/she does not head the cabinet, he is considered to be the nominal executive. (Statement 3 is incorrect)”
11,”Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?”,(a) Second Schedule; (b) Fifth Schedule; (c) Eighth Schedule; (d) Tenth Schedule,2014
11,d,”Tenth Schedule: It deals with the provisions as to disqualification on grounds of defection. In 1985, the 52nd Amendment Act added the Tenth Schedule to the Constitution. On the basis of a petition by any other member of the House, it lays out the procedure by which a legislator may be removed from office on the grounds of defection by the Presiding officer of a legislature. The Chairman or Speaker of that House is tasked with making the final determination regarding disqualification due to defection. Both the Parliament and state legislatures are subject to the statute. The Presiding Officer’s decision is not subject to judicial review, according to the original law. This condition was struck down by the Supreme Court in Kihoto Hollohan judgement (1992), thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court. Judicial review is a basic feature of the constitution.”
12,”The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to:”,(a) protect the interests of Scheduled Tribes; (b) determine the boundaries between States; (c) determine the powers, authority and responsibilities of Panchayats; (d) protect the interests of all the border States,2015
12,a,”The fifth and the sixth schedule of the Constitution of India deals with the provisions related to the protection of the interests of the Scheduled Tribes. Fifth Schedule: Deals with the provisions relating to the administration and control of scheduled areas and scheduled tribes in any state except 4 states of Assam, Meghalaya, Tripura & Mizoram (AMTM). Article 244 (1) of the Constitution defines Scheduled Areas as the areas defined so by the President of India and are mentioned in the 5th schedule of the Constitution. Sixth Schedule: It deals with the provisions as to the Administration of Tribal Areas in 4 NE states of Assam, Meghalaya, Tripura & Mizoram (Not Manipur).”
13,”Right to vote and to be elected in India is a”,(a) Fundamental Right; (b) Natural Right; (c) Constitutional Right; (d) Legal Right,2017
13,c,”Constitutional Right: While framing the Indian Constitution the framers and makers of our Constitution took the decision to guarantee every adult Indian citizen to franchise their vote i.e., the Right to Vote. In India, the Right to Vote is provided both by the Indian Constitution and the Representation of People’s Act, 1951. Article 326: ensures that every individual above the age of 18 has the right to vote. Section 62 of the Representation of Peoples Act (RoPA), 1951: the right to vote will be available to every person on the electoral roll of that constituency. 61st Constitutional Amendment: lowered the voting age of elections to the Lok Sabha and to the Legislative Assemblies of States from 21 years to 18 years.”
14,”Out of the following statements, choose the one that brings out the principle underlying the Cabinet form of Government:”,(a) An arrangement for minimising criticism against the Government whose responsibilities are complex and hard to carry out to the satisfaction of all.; (b) A mechanism for speeding up the activities of the Government whose responsibilities are increasing day by day.; (c) A mechanism of parliamentary democracy for ensuring collective responsibility of the Government to the people.; (d) A device for strengthening the hands of the head of the Government whose hold over the people is in a state of decline.,2017
14,c,”Parliamentary System: The Parliamentary System is also referred to as Cabinet Government. It establishes a system of collective responsibility between the executive and the legislative. Parliamentary system is part of the basic structure of the constitution. The characteristics of India’s parliamentary system are: Presence of nominal and real executives i.e., President and Prime minister respectively, Majority party rule, Collective responsibility (Swim or Sink together) of the executive to the legislature, Membership of the ministers in the legislature, Leadership of the prime minister or the chief minister, Dissolution of the lower House (Lok Sabha or State Assembly). It is through these powers that the Parliament enforces the responsibility of the executive to itself and to the people in the ultimate analysis.”
15,”Which one of the following is not a feature to Indian federalism?”,(a) There is an independent judiciary in India.; (b) Powers have been clearly divided between the Centre and the States.; (c) The federating units have been given unequal representation in the Rajya Sabha.; (d) It is the result of an agreement among the federating units.,2017
15,d,”Option (a), (b) and (c) are correct: The Indian Constitution adopts the federal system of Government, but with more tilt towards a unitary system of government. So, every state government does not have power of its own. Thus, it is considered as a quasi-federal system. The features of a federation are: Two Government, Division of powers, Written Constitution, Supremacy of Constitution, Rigidity of Constitution, Independent judiciary, Bicameralism. Option (d) is incorrect: The phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons: One, unlike the American Federation (“Indestructible union of indestructible states”), the Indian Federation (“Indestructible union of destructible states”) is not the outcome of an agreement among the states; and two, the states are not permitted to secede the federation. Due to its invincibility, the federation is a Union. The country is a union that cannot be broken, although states can be split up and reorganized by changing their borders. State names and borders may be changed by the central government without their consent. Dr. B. R. Ambedkar described India as an “indestructible Union of destructible states” for this reason.”
16,”The main advantage of the parliamentary form of governments is that:”,(a) the executive and legislature work independently.; (b) it provides continuity of policy and is more efficient.; (c) the executive remains responsible to the legislature.; (d) the head of the government cannot be changed without election.,2017
16,c,”Parliamentary System: The Parliamentary system is also known as the Cabinet Government/Responsible government/Westminster model of government. It provides for collective responsibility of the executive to the legislature. The features of parliamentary government in India are: Presence of nominal and real executives. Majority party rule, Collective responsibility of the executive to the legislature, Membership of the ministers in the legislature, Leadership of the prime minister or the chief minister, Dissolution of the lower House (Lok Sabha or Assembly).”
17,”Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?”,(a) Third Schedule; (b) Fifth Schedule; (c) Ninth Schedule; (d) Twelfth Schedule,2019
17,b,”Fifth Schedule: Deals with the provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes. Article 244 (1) of the Constitution defines Scheduled Areas as the areas defined so by the President of India and are mentioned in the 5th schedule of the Constitution. In the Samatha v. State of Andhra Pradesh & Ors (1997) judgment the Supreme Court held that the transfer of tribal land to private parties for mining was null and void under the Fifth Schedule. Under the fifth Schedule, the Governors can make regulations for peace & good government of Scheduled Areas after consulting the Tribal Advisory Council (TAC). Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes and regulate the business of moneylending in relation to the scheduled tribes. Additional Information: Third Schedule: The third schedule of Indian Constitution is related with the Forms of Oaths or Affirmations for - The Union and the State ministers, The candidates for election to the Parliament and State Legislature, Members of the Parliament and State Legislature, The judges of the SC and HC, CAG. Ninth Schedule: Provisions as to validation of certain Acts and Regulations of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters. Twelfth Schedule: This schedule was added by the 74th Amendment Act of 1992 and it specifies the powers, authority and responsibilities of Municipalities.”
18,”The Ninth Schedule was introduced in the Constitution of India during the prime ministership of:”,(a) Jawaharlal Nehru; (b) Lal Bahadur Shastri; (c) Indira Gandhi; (d) Morarji Desai,2019
18,a,”Ninth Schedule: The Ninth Schedule of the Indian Constitution was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. At this time, Jawaharlal Nehru was the Prime Minister of India. He remained in the office from the year 1947 to 1964. This schedule deals with the provisions as to validation of certain Acts and Regulations of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters. Additional Information: Prime Ministership of the following leaders are as follows: Lal Bahadur Shastri: 1964 - 1966 Indira Gandhi: 1966 - 1971 and 1980 - 1984 Morarji Desai: 1977 - 1979 NOTE: Question on Ninth Schedule came in 2018.”
19,”Consider the following statements: 1. The Constitution of India defines its structure in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for ‘Judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based. Which of the statements given above is/are correct?”,(a) 1 only; (b) 2 only; (c) Both 1 and 2; (d) Neither 1 nor 2,2020
19,d,”Statement 1 is incorrect: Basic Structure encompasses basic and core values like federalism, secularism, fundamental rights and democracy which forms bedrock of the Indian Constitution. Basic Structure cannot be amended by parliament under Art 368. Basic Structure Doctrine is a Judicially innovative doctrine, and it was neither defined under Constitution nor it was defined by the Supreme Court or any other court. Various judgments of the Supreme Court form the bedrock of Basic Structure Doctrine like: Kesavananda Bharati Case (24 April 1973) and IR Coelho vs State of Tamil Nadu, 2007. Statement 2 is incorrect: Article 13 of the Indian Constitution though gives the power of judicial review but the word ‘judicial review‘ is nowhere mentioned. The Union or the States shall not make any law that takes away or abridges any of the fundamental rights, and any law made in contravention of the aforementioned mandate shall, to the extent of the contravention, be void.”
20,”Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?”,(a) The independence of the judiciary is safeguarded.; (b) The Union Legislature has elected representatives from constituent units.; (c) The Union Cabinet can have elected representatives from regional parties.; (d) The Fundamental Rights are enforceable by Courts of Law.,2021
20,a,”The Indian Constitution adopts the federal system of Government, but with more tilt towards a unitary system of government. So, every state government does not have power of its own. Thus, it is considered as a quasi-federal system. The features of a federation are: Two Government, division of powers, Written Constitution, Supremacy of Constitution, Rigidity of Constitution, Independent Judiciary and Bicameralism.”
21,”‘Economic Justice’ as one of the objectives of the Indian Constitutional has been provided in:”,(a) the Preamble and the Fundamental Rights; (b) the Preamble and the Directive Principles of State Policy; (c) the Fundamental Rights and the Directive Rights and the Directive Principles of State Policy; (d) None of the above,2013
21,b,”"”Economic Justice”” as one of the objectives of the Indian Constitution has been provided both in the Preamble of the Constitution and the Directive Principles of State Policy (DPSP). This is evident as follows: Preamble: The ideal of ‘justice’ mentioned in the preamble embraces three distinct formssocial, economical and political, where economic justice denotes the nondiscrimination between people on the basis of economic factors. Directive Principles of State Policy (DPSP): The Socialistic principles of DPSP reflect the ideology of socialism. It aims to provide social and economic justice and set the path towards a welfare state. The 44th Amendment Act of 1978 added the Article 38 in DPSP, which requires the State to minimise inequalities in income, status, facilities and opportunities.”
22,”Which one of the following objectives is not embodied in the Preamble to the Constitution of India?”,(a) Liberty of thought; (b) Economic liberty; (c) Liberty of expression; (d) Liberty of belief,2017
22,b,”Liberty as mentioned in the Preamble: This ideal of ‘liberty’ in the Preamble to the Indian Constitution was borrowed from the French revolution. It means the absence of restraints on the activities of individuals and at the same time, it provides opportunities for the development of individuals. The preamble to the Indian Constitution assures to all citizens- liberty of thought, liberty of expression, liberty of belief, liberty of faith and worship Justice as mentioned in the Preamble: The ideal of justice in the Indian Constitution embraces three distinct forms- social, economical and political: Social Justice: the equal treatment of all citizens without any social discrimination. Economic Justice: It calls for the nondiscrimination between people on the basis of economic factors. Political justice: It calls for equal access to political office, equal political rights, and equal voice in the government for all citizens.”
23,”The mind of the makers of the Constitution of India is reflected in which of the following?”,(a) The Preamble; (b) The Fundamental Rights; (c) The Directive Principles of State Policy; (d) The Fundamental Duties,2017
23,a,”Option (a) is correct: The Preamble: Though India followed the practice of the American Constitution, the preamble to the Indian Constitution embodies the basic philosophy and the fundamental values on which our constitution is based. It is not only the outcome of the grand and noble vision of the Constituent Assembly, but also the reflection of the dreams and aspirations of the founding fathers of the Constitution. In the Berubari Union case (1960), the Supreme Court opined that the Preamble is “a key to the minds of the makers of the Constitution.” Option (b) is incorrect: Fundamental Rights: The framers and makers of the Constitution derived inspiration of ‘fundamental rights’ from the Constitution of the USA (Bill of Rights) and also from the Motilal Nehru committee Report 1928. It was meant for promoting the ideal of political democracy. Option (c) is incorrect: Directive Principles of State Policy (DPSP): It resembles the ‘Instrument of Instructions’ enumerated in GoI Act 1935. They are intended to fill in the vacuum in Part III by providing for social and economic rights. Option (d) is incorrect: Fundamental Duties: Inspired from the erstwhile USSR, the Fundamental Duties were added to the Constitution by 42nd Constitutional Amendment Act, 1976.”
24,”Which one of the following reflects the most appropriate relationship between law and liberty?”,(a) If there are more laws, there is less liberty.; (b) If there are no laws, there is no liberty.; (c) If there is liberty, laws have to be made by the people.; (d) If laws are changed too often, liberty is in danger.,2018
24,b,”Where there is no Law, there is no Freedom. For liberty is to be free from restraint and violence from others, which cannot be where there is no law. If there are no laws, there is no liberty. Liberty: Liberty can be seen from two perspectives – negative and positive. Negative liberty: It is concerned with the inviolable area of non-interference and not with the conditions in society, i.e. absence of obstacles, barriers or constraints. Positive liberty: Recognizes that one can be free only in society and not outside it, therefore it is the possibility of acting or the fact of acting in such a way as to take control of one’s life and realise one’s fundamental purposes. Safeguards of Liberty: Declaration of rights of the individuals: It is an important safeguard of liberty. In this manner, the government can be prevented from interfering with citizens’ liberty. The independent and impartial judiciary is aptly referred to as the watchdog of liberty. Decentralisation of powers: History is witness to the fact that concentration of power has very often led to despotism. Separation of powers, i.e., the executive, the legislature and the judiciary being separate, is a great ally of liberty. Montesquieu said, “Power should be a check on power.” Rule of law or equality in the eyes of the law is also an important safeguard of liberty. This is the bulwark against discrimination based on caste, class, colour, creed, etc. Law: It works as the aggregate of legislation, judicial precedents, and accepted legal principles; the body of authoritative grounds of judicial and administrative action; esp., the body of rules, standards, and principles that the courts of a particular jurisdiction apply in deciding controversies brought before them. NOTE: John Locke in one of his treatises of civil government wrote- “Where there is no law, there is no freedom”.”