SET- 4 POLITY & GOVERNANCE

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 1 SET- 4 POLITY & GOVERNANCE

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 2 Q. 1. Consider the following statements regarding Judges of High Court. 1. The salary allowance and other amenities enjoyed by the judges of High Courts can be modified to their disadvantage during their tenure of office. 2. The Parliament of India is authorised to reduce their salaries during the proclamation of financial emergency. 3. The salaries and other expenses of the judges and the maintenance of state High Courts are charged to the Consolidated Fund of the state. Which of the following statements are Correct? a. 1 and 3 b. 1 only c. 3 only d. None of the above ANS: 3 only The salary allowance and other amenities enjoyed by the judges of High Courts cannot be modified to their disadvantage during their tenure of office. However, the President is authorised to reduce their salaries during the proclamation of financial emergency. As the salaries and other expenses of the judges and the maintenance of state High Courts are charged to the Consolidated Fund of the state, they are to subject to the vote of the state legislature. Q. 2. Consider the following statements. 1. The Chief Secretary is the administrative head of the State Secretariat, while the Cabinet Secretary is not the administrative head of the Central Secretariat. 2. The Chief Secretary is the chief of state secretaries as the Cabinet Secretary is the chief of Central secretaries. 3. The office of Chief Secretary has a fixed tenure of minimum 3 years from the date of appointment.

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 3 4. The Chief Secretary acts as the chief advisor to the Governor when President s rule is imposed in the state, and if the Central advisors are not appointed. Which of the following statements are Correct? a. 1, 2 and 3 b. 2 and 4 c. 1 and 4 d. 1, 3 and 4 ANS: 1 and 4 The Chief Secretary is the administrative head of the State Secretariat, while the Cabinet Secretary is not the administrative head of the Central Secretariat. The Chief Secretary is the chief of state secretaries, while the Cabinet Secretary is not the chief of Central secretaries but only primus inter pares (first among equals). The office of Chief Secretary has been excluded from the operation of the tenure system. In other words, there is no fixed tenure for this post. The Chief Secretary acts as the chief advisor to the Governor when President s rule is imposed in the state, and if the Central advisors are not appointed. Q. 3. Which of the following states are involved in Godavari Water Disputes Tribunal? 1. Maharashtra 2. Karnataka 3. Andhra Pradesh 4. Madhya Pradesh 5. Odisha Select the answer from the codes a. 1, 2, and 3

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 4 b. 1, 2, 3 and 4 c. 2, 3 and 5 ANS: All of the above Q.4. Consider the following statements regarding 'Lok Adalat 1. Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute. No appeal shall lie to any court against the award of the Lok Adalat. 2. The Lok Adalat can deal with the cases pending before a court and cannot deal with the disputes at pre-litigation stage. 3. Lok Adalat shall also have jurisdiction in respect of any case or matter relating to an offense not compoundable under any law. Which of the following statements are Correct? a. 1 only b. 2 and 3 c. 1 and 3 ANS: 1 only The word Lok Adalat means People s Court. This system is based on Gandhian principles. It is one of the components of ADR (Alternative Dispute Resolution) system. As the Indian courts are overburdened with the backlog of cases and the regular courts are to decide the cases involving a lengthy, expensive and tedious procedure. The court takes years together to settle even petty cases. Lok Adalat, therefore, provides alternative resolution or devise for expeditious and inexpensive justice.

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 5 The Lok Adalat can deal with not only the cases pending before a court but also with the disputes at pre-litigation stage. Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offense not compoundable under any law. The award by the Lok Adalat is binding on the parties and it has the status of a decree of a civil court and it is non-appealable, which does not cause the delay in the settlement of disputes finally The parties to the dispute can directly interact with the judge through their counsel which is not possible in regular courts of law. There is no court fee and if court fee is already paid the amount will be refunded if the dispute is settled at Lok Adalat. 2. The basic features of Lok Adalat are the procedural flexibility and speedy trial of the disputes. There is no strict application of procedural laws like the Civil Procedure Code and the Evidence Act while assessing the claim by Lok Adalat An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an order of any other court. A Lok Adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it. All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of the Indian Penal Code (1860) and every Lok Adalat shall be deemed to be a Civil Court for the purpose of the Code of Criminal Procedure (1973). Q. 5. Consider the following statements. 1. The President can transfer a judge from one High court to another after consulting the Chief Justice of India and he is entitled to receive in addition to his salary such compensatory allowance as he determines. 2. In the transfer of High court Judges, the Chief Justice of India should consult, in addition to the collegium of four senior most judges of the Supreme Court, the chief justice of the two high courts.

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 6 Which of the following statements are Incorrect? a. 1 only b. 2 only c. Both 1 and 2 d. Neither 1 nor 2 ANS: 1 only The President can transfer a judge from one high court to another after consulting the Chief Justice of India. On transfer, he is entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament. The transfer of high court judges, the Chief Justice of India should consult, in addition to the collegium of four senior most judges of the Supreme Court, the chief justice of the two high courts (one from which the judge is being transferred and the other receiving him). Q. 6. Consider the following statements regarding Vice-President. 1. As per the Article 324 of the Constitution read with the Presidential and Vice-Presidential Elections Act, 1952 and the Presidential Elections Rules, 1974, the responsibility of the superintendence, direction and control of the Vice-Presidential election lie with the Parliament. 2. The value of each vote in the Vice-Presidential election is one. 3. The winning candidate has to get a required quota of votes, which is 50% of the total valid votes +5 Which of the following statements are Correct? a. 1 only b. 2 only c. 1 and 2

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 7 ANS: 2 only As per the Article 324 of the Constitution read with the Presidential and Vice- Presidential Elections Act, 1952 and the Presidential and Vice-Presidential Elections Rules, 1974, the responsibility of the superintendence, direction and control the Vice- Presidential election lie with the Election Commission of India. The Election is also required to ensure that the election to the office of the Vice- President of India is a free and fair election. The value of each vote in the Vice-Presidential election is one. Ballot paper, containing names of the contesting candidate, is used for the election. The ballot paper doesn t contain any party symbol. It has two columns one containing the name of the candidate and the second for marking the order of preference. As per the number of contesting candidates, the voters can mark as many preferences (e.g. 1,2,3,4,5 ) against the names of the candidates as they want. The winning candidate has to get a required quota of votes, which is 50% of the total valid votes +1. For example, if 790 valid votes are polled, the quota will be 790/2+1= 396. If a candidate gets 396 first preference votes in the first round of counting, s/he will be the winner. The nomination paper of a candidate needs to be subscribed by at least twenty electors as proposers and at least another twenty electors as seconders. An elector can subscribe to only one nomination paper of a candidate as either a proposer or seconder. The security deposit for the election is Rs 15,000, which has to be paid along with the nomination paper. Q. 7. Consider the following statements regarding the Controller General of Accounts 1. He prescribes general principles, and frames rules and manuals and form of accounts of Central only and does not deal with state governments

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 8 2. He provides technical advice to all civil ministries and departments on various accounting matters. His advice is binding on them. 3. He consolidates the monthly and annual accounts of the Central Government. Which of the following statements are Correct? a. 1 and 2 b. 2 and 3 c. 1 and 3 ANS: 2 and 3 He prescribes general principles and form of accounts of Central as well as state governments and frames rules and manuals relating thereto. He conducts the internal audit of the expenditure incurred by the various ministries and departments of the Central Government to bring out the financial irregularities. In 1976, a new office of the Controller General of Accounts was established as a part of the Department of Expenditure of the Ministry of Finance. He is to administer matters relating to the departmentalization of accounts of the Central Government. He provides regular feedback to the Finance Minister and other line ministries on the status of government finances He is responsible for the evaluation and processing of proposals relating to the capital restructuring and disinvestments of various public sector undertakings of the Central Government. He manages the cadre of the Indian Civil Accounts Service and the total accounts personnel deployed in civil ministries and is responsible for the entire gamut of personnel management in relation to them. He administers rules under Article 283 of the Constitution. This article deals with the custody and other aspects of Consolidated Fund, Contingency Fund and money credited to the Public Accounts.

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 9 He prepares a condensed form of the Appropriation Accounts and Finance Accounts of the Central Government. These, after getting audited by the Comptroller and Auditor- General of India, are placed before the Parliament by the President Q. 8. Consider the following statements. 1. The term 'Secular' was inserted in the Preamble only in 1976, but the state envisaged by the Constitution was always a secular state. 2. The term 'secular', has not been defined in the Constitution but its operative meaning may be drawn from the different provisions of the Constitution. 3. The Constitution makes no provision for direct control by the people through such devices as 'referendum' and 'initiative' Which of the following statements are Correct? a. 1 only b. 1 and 2 c. 2 only ANS: All of the above The term 'secular' was inserted in the Preamble only in 1976, but the state envisaged by the Constitution was always a secular state. The term 'secular', has not been defined in the Constitution but its operative meaning may be drawn from the different provisions of the Constitution. The Constitution makes no provision for direct control by the people through such devices as 'referendum' and 'initiative'

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 10 Q. 9. Consider the following statements. 1. The Constitution of India gives complete discretion to Parliament to admit or establish new States on such terms and conditions as "it thinks fit". 2. Parliamentary sanction is necessary for acquisition of territory. 3. There is nothing in the Constitution which would entitle a new State, after its formation or admission into the Union, to claim complete equality of status with a state existing at the commencement of the Constitution. Which of the following statements are Correct? a. 1 and 3 b. 1 and 2 c. 1 only ANS: 1 and 3 Article 2 gives complete discretion to Parliament to admit or establish new States on such terms and conditions as "it thinks fit". No Parliamentary sanction is required for acquisition of territory. But a territory acquired by the Government of India, though factually becomes territory of India from the date of its acquisition, the formal or legal assimilation is brought about only by Parliamentary legislation made either under this article when the acquired territory is established as a new State of the Union, or when the acquired territory is merged into an existing State Under Article 3 of the Constitution. There is nothing in the Constitution which would entitle a new State, after its formation or admission into the Union, to claim complete equality of status with a state existing at the commencement of the Constitution, or formed thereafter under Article 3 of the Constitution.

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 11 Q. 10. Which of the following are the relevant provisions of the Constitution relating to powers, privileges and immunities of the members of Parliament and State Legislatures as incorporated under Article 105 & Article 194. 1. No member of any Legislature shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee. 2. The powers, privileges and immunities of a House of any Legislature, and of the members and committees of a House of such Legislature, shall be defined by that Legislature by law. Which of the following statements are Correct? a. 1 only b. 2 only c. Both 1 and 2 d. Neither 1 nor 2 ANS: Both 1 and 2 There shall be freedom of speech in the Legislature of the Union and of every State. No member of any Legislature shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof No person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings. In other respects, the powers, privileges and immunities of a House of any Legislature, and of the members and committees of a House of such Legislature, shall be such as may from time to time be defined by that Legislature by law, and until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) act, 1978.

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 12 Q. 11. Consider the following statements. 1. River Boards Act provides for the establishment of river boards for the regulation and development of inter-state river and river valleys. 2. The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley. 3. The Supreme Court can exercise the final jurisdiction in respect of any such dispute or complaint under inter-state water disputes. Which of the following statements are Correct? a. 1 only b. 2 and 3 c. 1 and 2 ANS: 1 and 2 The River Boards Act provides for the establishment of river boards for the regulation and development of inter-state river and river valleys. A river board is established by the Central government on the request of the state governments concerned to advise them. The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley. The decision of the tribunal would be final and binding on the parties to the dispute. Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act. Article 262 of the Constitution provides for the adjudication of inter-state water disputes. Parliament may by law provide for the adjudication of any dispute or complaint with

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 13 respect to the use, distribution and control of waters of any inter-state river and river valley. Under this provision, the Parliament has enacted two laws, the River Boards Act (1956) and the Inter-State Water Disputes Act (1956). Q. 12. The Supreme Court is yet to define as to what constitutes the Basic structure of the Constitution. From the various judgements, which of the following have emerged as Basic features of the Constitution? 1. Limited power of Parliament to amend the Constitution 2. Free and fair elections 3. Judicial review 4. Federal character of the Constitution 5. Principle of equality Select the answer from the codes a. 1, 3 and 4 b. 2, 3, 4 and 5 c. 3, 4 and 5 ANS: All of the above Q. 13. Who among the following participates in the election of Vice-President? 1. Elected MPs 2. Nominated MPs 3. Elected MLAs 4. Nominated MLAs

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 14 Select the answer from the codes a. 1 only b. 1 and 2 c. 1 and 3 d. 1, 2 and 3 ANS: 1 and 2 All MPs ( elected + nominated ) participate in VP s election. MLAs have no role. Q. 14. Consider the following about the Doctrine of Severability 1. The doctrine of severability means severing part of a statute which is inconsistent with any of the constitutional provisions and particularly the provisions of fundamental rights. 2. The severability of the valid and invalid provisions of a Statute does not depend on whether provisions are enacted in the same section or different section; it is not the form but the substance of the matter that is to be considered. 3. Supreme Court of India considered the doctrine of severability for the first time in Kesavananda Bharati Case. Which of the following statements are Correct? a. 1 only b. 1 and 2 c. 2 and 3 ANS: All of the above

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 15 Q. 15. Which of the following are the examples of Inquiry Committees coming under Ad Hoc Committees? 1. Railway Convention Committee 2. Joint Committee on Stock Market Scam 3. Committee on Food Management in Parliament 4. Committee on Welfare of SCs and STs Select the answer from the codes a. 1, 2 and 3 b. 2, 3 and 4 c. 1, 2 and 4 ANS: 1, 2 and 3 Ad hoc committees can be divided into two categories, that is, Inquiry Committees and Advisory Committees. Inquiry Committees are constituted from time to time, either by the two Houses on a motion adopted in that behalf, or by the Speaker / Chairman, to inquire into and report on specific subjects. Ad hoc committees can be divided into two categories, that is, Inquiry Committees and Advisory Committees. Some of them are: 1. Committee on Draft Five-Year Plan 2. Committee on Members of Parliament Local Area Development Scheme (MPLADS) 3. Joint Committee on Bofors Contract 4. Joint Committee on Fertilizer Pricing 5. Committee on Provision of Computers to Members of Parliament 6. Committee on Installation of Portraits / Statues of National Leaders 7. Joint Committee on Maintenance of Heritage Character and Development of Parliament House Complex

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 16 8. Committee on Violation of Protocol Norms and Contemptuous Behavior of Government Officers with Members of Lok Sabha Q. 16. Which among the following are a part of Alternate Dispute Resolution (ADR)? 1. Gram Nyayalaya 2. Fast Track Courts 3. Lok Adalats Select the answer from the codes a. 1 and 2 b. 1 and 3 c. 2 and 3 d. 1, 2 and 3 ANS: 1 and 3 The concept of Alternative Dispute Resolution (ADR) mechanism is capable of providing a substitute to the conventional methods of resolving disputes. Alternative Dispute Resolution ( ADR ) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. ADR is also founded on such fundamental rights, article 14 and 21 which deals with equality before law and right to life and personal liberty respectively. ADR s motive is to provide social-economic and political justice and maintain integrity in the society enshrined in the preamble. ADR also strive to achieve equal justice and free legal aid provided under article 39-A relating to Directive Principle of State Policy(DPSP). Fast track courts are not ADR, but the special mechanism of the judiciary.

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 17 The Eleventh Finance Commission recommended the creation of 1734 Fast Track Courts (FTCs) in the country for disposal of long pending cases in Sessions courts and other courts. The FTCs were established to expeditiously dispose of long pending cases in the Sessions Courts and long pending cases of under trial prisoners. Q. 17. Consider the following statements regarding National Commission for SCs. 1. National Commission for Scheduled Castes (SCs) is not a constitutional body. 2. It consists of a chairperson, a vice-chairperson, and three other members. 3. Their conditions of service and tenure of office are determined by the Committee of Scheduled Castes (SCs) under the Parliament. Which of the following statements are Correct? a. 1 only b. 2 only c. 1 and 2 ANS: 2 only National Commission for Scheduled Castes (SCs) is a constitutional body in the sense that it is directly established by Article 338 of the Constitution It consists of a chairperson, a vice-chairperson, and three other members. They are appointed by the President by warrant under his hand and seal. Their conditions of service and tenure of office are also determined by the President The commission presents an annual report to the president. It can also submit a report as and when it thinks necessary. The President places all such reports before the Parliament, along with a memorandum explaining the action taken on the recommendations made by the Commission.

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 18 The memorandum should also contain the reasons for the non-acceptance of any of such recommendations. The President also forwards any report of the Commission pertaining to a state government to the state governor. Q. 18. Which of the following statements regarding Charter Act, 1813 are Correct? 1. East India Company was deprived of its trade monopoly in India except in tea and opium trade with China 2. All Englishmen could trade with India subject to certain restrictions. 3. Recruitment of Civil Services was based on open annual competitive examination. 4. A sum of Rs. 1 lakh was earmarked annually for education. Select the answer from the codes a. 1, 2 and 4 b. 1, 3 and 4 c. 2 and 4 ANS: 1, 2 and 4 East India Company was deprived of its trade monopoly in India except in tea and opium trade with China; All Englishmen could trade with India subject to certain restrictions; Rules and procedures were made for use of Indian revenue A sum of Rs. 1 lakh was earmarked annually for education. Recruitment of Civil Services was based on open annual competitive examination. (Charter Act, 1853)

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 19 Q. 19. Which of the following are the 'Unitary' features of Indian Constitution? 1. Uniform and Integrated judicial system 2. Financial emergency and President's rule 3. The right of the Governor to reserve a Bill for Presidential assent Select the answer from the codes a. 1 only b. 1 and 2 c. 2 and 3 ANS: All of the above There are some unitary features in Indian Constitution. The right of the Governor to reserve a Bill for Presidential assent; Role and functions of the State Governors; Emergency provisions of the Constitution regarding proclamation of national emergency, financial emergency, and President's rule Provisions of the Constitution enabling Parliament to legislate for the States; Uniform All-India Services; Single and uniform citizenship; Uniform and integrated judicial system; and Constitutional scheme of distribution of legislative, administrative and financial powers between the Union and the States also has a strong unitary bias Q. 20. Which of the following mandates are related to The Competition Commission of India (CCI)? 1. To prevent practices having an adverse effect on competition 2. To promote and sustain competition in markets

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 20 3. Registering and regulating the working of venture capital funds and collective investment schemes Select the answer from the codes a. 1 and 2 b. 1 and 3 c. 2 and 3 ANS: 1 and 2 The Competition Commission of India (CCI) was established under the Competition Act, 2002 with the mandate: To prevent practices having an adverse effect on competition To promote and sustain competition in markets To protect the interests of consumers To ensure freedom of trade Registering and regulating the working of venture capital funds and collective investment schemes (Function of SEBI) Solving Previous Year questions are also very important. So adding some questions from the Previous Years Prelims as well questions that were asked in various National Level examinations.

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 21 Q. 21. If the Prime Minister of India belonged to the Upper House of Parliament: a. He will not be able to vote In his favor In the event of a no-confidence motion b. He will not be able to speak on the Budget In the Lower House c. He can make statements only on the Upper House d. He has to become a member of the Lower House within six months after being sworn-in as the Prime Minister ANS: He will not be able to vote In his favor In the event of a No-Confidence motion Q. 22. Which one of the following are/is stated in the Constitution of India? 1. The President shall not be a member of either House of Parliament. 2. The Parliament shall consist of the President and two Houses. Select the answer from the codes a. 1 only b. 2 only c. Both 1 and 2 d. Neither 1 nor 2 ANS: Both 1 and 2

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 22 Q. 23. Venkatachallah Commission was constituted to review the: a. Sharing of river waters between the State b. Creation of new States c. Constitution of India d. Taxation system ANS: Constitution of India Q. 24. The Basic Structure theory of the Constitution of India implies that: a. Certain features of the Constitution are so essential to it that they cannot be abrogated b. Fundamental rights cannot be abridged or taken away c. The Constitution cannot be amended except in accordance with the procedure prescribed in Article 368 d. The Preamble of the Constitution cannot be amended until it is not a part of the Constitution and at some time represents its real spirit ANS: Certain features of the Constitution are so essential to it that they cannot be abrogated Q. 25. In the Constitution of India, the word 'Federal is used in: a. The Preamble b. Part III c. Article 363 d. Nowhere ANS: Nowhere

FINAL LAP REVISION FOR PRELIMS 2018- SET 4- POLITY & GOVERNANCE 23 Q. 26. Which of the following statements regarding the Fundamental Duties contained in the Constitution of India are correct? 1. Fundamental Duties can be enforced through writ jurisdiction. 2. Fundamental Duties have formed a part of the Constitution since its adoption. 3. Fundamental Duties became a part of the Constitution in accordance with the recommendations of the Swaran Singh Committee. 4. Fundamental Duties are applicable only to the citizens of India. Which of the following statements are Correct? a. 1 and 2 b. 2 and 3 c. 2 and 4 d. 3 and 4 ANS: 3 and 4