SET- 31 POLITY & GOVERNANCE

1 SET- 31 POLITY & GOVERNANCE

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 2 Q. 1. The freedom of speech and expression includes Which of the following? 1. Right against bandh called by a political party or organisation 2. Right to demonstration or picketing 3. Right to Strike 4. Freedom of silence Select the answer from the Codes a. 1, 3 and 4 b. 2 and 3 c. 1, 2 and 4 ANS: 1, 2 and 4 Freedom of Speech and Expression It implies that every citizen has the right to express his views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner. The Supreme Court held that the freedom of speech and expression includes the following: (a) Right to propagate one s views as well as views of others. (b) Freedom of the press. (c) Freedom of commercial advertisements. (d) Right against tapping of telephonic conversation. (e) Right to telecast, that is, government has no monopoly on electronic media. (f) Right against bandh called by a political party or organisation. (g) Right to know about government activities. (h) Freedom of silence. (i) Right against imposition of pre-censorship on a newspaper. (j) Right to demonstration or picketing but not right to strike.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 3 The State can impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence. Q. 2. Which of the following statements regarding the National Commission for Minorities Act are Correct? 1. The Act does not define the term minority, but enables the Central Government to notify minorities for the purposes of the Act. 2. The Commission is a multi-member body consisting of a Chairperson, a Vice- Chairperson and 10 members. 3. The chairperson and members can relinquish their office at any time by addressing their resignation to the President of India. Select the answer from the Codes a. 1 only b. 2 and 3 c. 3 only ANS: 1 only In 1978, the Government of India vide an executive resolution, set up a Minorities Commission to safeguard the interests of the minorities With the enactment of the National Commission for Minorities Act (1992), the Minorities Commission became a statutory body and was renamed the National Commission for Minorities. The first statutory Commission was constituted in 1993. The Act does not define the term minority, but enables the Central Government to notify minorities for the purposes of the Act.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 4 Accordingly, the Centre in 1993 notified five religious communities viz., Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) as minority communities. In January 2014, the Jain community was added to this list The Commission is a multi-member body consisting of a Chairperson, a Vice- Chairperson and five members. They are nominated by the Central Government from amongst persons of eminence, ability and integrity. However, five members including the Chairperson should be from amongst the minority communities. The salaries, allowances and other service conditions of the Chairman and members are also prescribed by the Central Government (Ministry of Minority Affairs). Notably, members include the Vice-Chairperson. The chairperson and members hold office for a period of three years. However, they can relinquish their office at any time by addressing their resignation to the Central Government. The Commission, while evaluating/monitoring any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect The Central Government places all such reports before each House of Parliament, along with a memorandum explaining the action taken on the recommendations made by the Commission Q. 3. Consider the following statements regarding The Coastal Aquaculture Authority (CAA) 1. The Coastal Aquaculture authority (CAA) was established under the Coastal Aquaculture Authority Act, 2015. 2. The Authority is empowered to make regulations for the construction and operation of aquaculture farms in coastal areas, inspection of farms to ascertain their environmental impact.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 5 3. One of the major tasks accomplished by the CAA was the registration of shrimp farms on the recommendations of the State and District Level Committees constituted for this purpose. Which of the following statements are Correct? a. 1 and 3 b. 2 and 3 c. 2 only ANS: 2 and 3 (Times of India, Experts seek mapping of Kaliveli Lake(Chennai) to gauge pollution & Business Line, Crackdown on AP shrimp hatcheries) The Coastal Aquaculture authority (CAA) was established under the Coastal Aquaculture Authority Act, 2005 The main objective of the Authority is to regulate coastal aquaculture activities in coastal areas in order to endure sustainable development without causing damage to the coastal environment. The Authority is empowered to make regulations for the construction and operation of aquaculture farms in coastal areas, inspection of farms to ascertain their environmental impact, registration of aquaculture farms, fixing standards for inputs and effluents, removal or demolition of coastal aquaculture farms, which cause pollution etc. One of the major tasks accomplished by the CAA was the registration of shrimp farms on the recommendations of the State and District Level Committees constituted for this purpose.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 6 Q. 4. Consider the following statements Regarding Article 23. 1. Article 23 also prohibits Bonded labour. 2. This right is only available to Citizens 3. It permits the State to impose compulsory service for public purposes for which it is not bound to pay. Which of the following statements are Correct? a. 1 and 2 b. 2 and 3 c. 1 and 3 ANS: 1 and 3 Article 23 prohibits traffic in human beings, begar (forced labour) and other similar forms of forced labour. Any contravention of this provision shall be an offence punishable in accordance with law. This right is available to both citizens and non-citizens. It protects the individual not only against the State but also against private persons. In addition to begar, the Article 23 prohibits other similar forms of forced labour like bonded labour. Article 23 also provides for an exception to this provision. It permits the State to impose compulsory service for public purposes, as for example, military service or social service, for which it is not bound to pay. However, in imposing such service, the State is not permitted to make any discrimination on grounds only of religion, race, caste or class.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 7 Q. 5. Which of the following statements regarding Lapsing of Bills are Correct? 1. All the bills pending in Lok Sabha do not get lapsed when Lok Sabha is dissolved. 2. Bill not passed by Lok Sabha but pending in Rajya Sabha does not lapse if Lok Sabha dissolves. 3. A bill passed by Rajya Sabha and pending in Lok Sabha will lapse if Lok Sabha dissolves. Select the answer from the Codes a. 1 and 3 b. 2 and 3 c. 1 and 2 ANS: 2 and 3 A bill does not get lapsed on prorogation of the house. All the bills pending in Lok Sabha get lapsed when Lok Sabha is dissolved. If a bill has been passed by Lok Sabha and is pending in Rajya Sabha, it will lapse if Lok Sabha dissolves. Bill not passed by Lok Sabha but pending in Rajya Sabha does not lapse if Lok Sabha dissolves. A bill passed by Rajya Sabha and pending in Lok Sabha will lapse if Lok Sabha dissolves. A bill pending in other house for more than 6 months is deemed to be rejected but does not mean that a bill gets lapsed. Further, for Money bills, the Rajya Sabha has limited time to return with comments otherwise it would be deemed passed in both houses. Thus, Rajya Sabha can NOT reject the provisions of Money Bill or other finance bills.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 8 Q. 6. According to the provisions of the Constitution of India, who inquires into all doubts and decides disputes arising out of or in connection with the election of Vice-President of India? a. Election Commission of India b. President of India c. Supreme Court of India d. Attorney General ANS: Supreme Court of India All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final. The election of a person as Vice-President cannot be challenged on the ground that the electoral college was incomplete (i.e., existence of any vacancy among the members of electoral college). If the election of a person as Vice President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated (i.e., they continue to remain in force). Q. 7. Whether a Member of Lok Sabha has become subject to any disqualification will be decided by: 1. The President on the ground of a corrupt practice at elections. 2. The Speaker on the ground of defection. 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 31- POLITY & GOVERNANCE 9 Q. 8. Consider the following statements regarding Union s Power over the State Government. 1. The Union Government can give directions to the state with regard to construction and maintenance of the means of communication declared to be of national or military importance. 2. Union cannot issue State Governments necessary directions regarding the measures to be taken for the protection of the railways within the jurisdiction of the State. 3. Union can direct the State Governments to ensure the development of the Hindi language. Which of the following statements are Incorrect? a. 1 only b. 2 only c. 3 only ANS: 2 only The Union Government can give directions to the state with regard to construction and maintenance of the means of communication declared to be of national or military importance. Union can issue State Governments necessary directions regarding the measures to be taken for the protection of the railways within the jurisdiction of the State. It may be noted that the expenses incurred by the State Governments for the discharge of these functions have to be reimbursed by the Union Government. Union can direct the State Governments to ensure the development of the Hindi language.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 10 Q. 9. Consider the following statements regarding The National Human Rights Commission 1. The chairman and members are appointed by the president on the recommendations of a six-member committee consisting of the Speaker of the Lok Sabha as its head. 2. The chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier. 3. The president can remove the chairman or any member from the office only under Proved Incapacity or Misbehavior. Which of the following statements are Correct? a. 1 and 3 b. 2 only c. 1 and 2 ANS: 2 only The chairman and members are appointed by the president on the recommendations of a six-member committee consisting of the prime minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Central home minister. Further, a sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India. The chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier. After their tenure, the chairman and members are not eligible for further employment under the Central or a state government. The president can remove the chairman or any member from the office under the following circumstances: (a) If he is adjudged an insolvent; or

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 11 (b) If he engages, during his term of office, in any paid employment outside the duties of his office; or (c) If he is unfit to continue in office by reason of infirmity of mind or body; or (d) If he is of unsound mind and stand so declared by a competent court; or (e) If he is convicted and sentenced to imprisonment for an offence Q. 10. Notification regarding commencement or cessation of a state of war is the responsibility of: (CDS-2015) a. Ministry of Home Affairs b. Ministry of Defence c. Ministry of External Affairs d. None of the above ANS: Ministry of External Affairs Q. 11. Which of the following statements with regard to Inter-State Council is/are correct? 1. It was established under the provisions of the Constitution of India. 2. The Council is a recommendatory body. 3. There is a standing committee of the Council under the Chairmanship of the Prime Minister of India to process matters for consideration of the Council. Select the answer from the Codes a. 1 and 3 b. 1 and 2 c. 2 and 3

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 12 ANS: 1 and 2 Inter State council is a constitutional body set up on the basis of provisions in Article 263 of the Constitution of India by a Presidential Order dated 28th May, 1990 on recommendation of Sarkaria Commission. Article 263 of the Constitution envisages establishment of an institutional mechanism to facilitate coordination of policies and their implementation between the Union and the State Governments. Prime Minister is the Chairman of the Inter-state Council. Chief Ministers of all the States and Union Territories having Legislative Assemblies, Administrators of Union Territories not having Legislative Assemblies, Governors of States under President s rule and six Ministers of Cabinet rank in the Union Council of Ministers, nominated by the Chairman of the Council, are members of the Council. Five Ministers of Cabinet rank nominated by the Chairman of the Council are permanent invitees to the Council. The standing committee of Interstate council The standing committee of Interstate council is constituted under the chairmanship of Union Home Minister. Apart from Home minister the committee consists of 5 union cabinet ministers and 9 chief Ministers. The key functions of standing committee include: To monitor the implementation of decisions taken on the recommendations of the Interstate Council an To process all matters relating to Centre State Relations before they are taken up for consideration in the inter-state Council. To consider any other matter referred to it by the Chairman/Interstate Council.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 13 Q. 12. Which of the following statements regarding The Central Information Commission are Correct? 1. The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners 2. The Chief Information Commissioner and an Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier. 3. They are eligible for reappointment Select the answer from the Codes a. 1 and 3 b. 1 and 2 c. 2 and 3 ANS: 1 and 2 The Central Information Commission was established by the Central Government in 2005. It is not a constitutional body. The Central Information Commission is a high-powered independent body which inter alia looks into the complaints made to it and decide the appeals. It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings, etc., under the Central Government and the Union Territories The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 14 They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. They should not be a Member of Parliament or Member of the Legislature of any State or Union Territory. They should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. The Chief Information Commissioner and an Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment The salary, allowances and other service conditions of the Chief Information Commissioner are similar to those of the Chief Election Commissioner and that of the Information Commissioner are similar to those of an Election Commissioner. But, they cannot be varied to his disadvantage during service. Q. 13. Consider the following statements : No one can be compelled to sing the National Anthem since (IAS-1996) 1. It will be violative of the Right to freedom of speech and expression. 2. It will be violative of the Right to freedom of conscience and practise and propagation of religion. 3. There is no legal provision obliging any one to sing the National Anthem. Which of the following statements are Correct? a. 1 and 3 b. 2 and 3 c. 1 and 2 ANS: All of the above

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 15 Q. 14. Consider the following statements regarding Powers and Functions of Lok Sabha speaker 1. His interpretations of constitutional provisions, rules and regulations related to Lok Sabha are not final as the President gives the final interpretation. 2. The quorum to constitute a meeting of the Lok Sabha is one-tenth of the membership of the house. 3. Speaker decides the question of disqualification of Lok Sabha members in matters of tenth schedule / anti-defection law. Which of the following statements are Correct? a. 1 and 3 b. 1 and 2 c. 2 and 3 ANS: 2 and 3 Primary duty of the speaker is to maintain order and decorum in Lok Sabha. His interpretations of constitutional provisions, rules and regulations related to Lok Sabha are final. The quorum to constitute a meeting of the Lok Sabha is one-tenth of the membership of the house. If there is no quorum, speaker decides to suspend the meeting. Speaker decides the question of disqualification of Lok Sabha members in matters of tenth schedule / anti-defection law. This decision is subject to judicial review.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 16 Q. 15. Consider the following statements. 1. Chairmen of all the parliamentary committees of Lok Sabha are appointed by Speaker, provided such committees don t need elected chairmen. 2. Speaker himself is the chairman of Business Advisory Committee, Rules Committee and General Purpose Committee. 3. The Secretary General of the Lok Sabha is appointed by the President of India. Which of the following statements are Incorrect? a. 1 only b. 2 only c. 3 only d. None of the above ANS: 3 only Chairmen of all the parliamentary committees of Lok Sabha are appointed by Speaker, provided such committees don t need elected chairmen. Speaker himself is the chairman of Business Advisory Committee, Rules Committee and General Purpose Committee. The Secretary General of the Lok Sabha is appointed by the Speaker. Q. 16. Consider the following statements (Railways- 2010) 1. The Constitution and polity in India are based on the fundamental principle of equality and non-discrimination between citizens on grounds of caste, etc. 2. The purpose of reservation for Scheduled Castes was for transcending caste and for perpetuating it. 3. The Constitution provides for special provisions for socially and educationally backward classes but the term OBC (Other Backward Castes) is not mentioned in the Constitution.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 17 Which of the following statements are Correct? a. 1 and 2 b. 2 and 3 c. 1 and 3 ANS: 1 and 3 Article 16(4) of the Constitution enables provision of reservation to Backward Class of citizens, who are not adequately represented in the State. Reservation is provided to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) through executive instructions issued from time to time, which has force of law, as held by the Supreme Court in Indira Sawhney case. As per extant instructions, reservation is provided to Scheduled Castes, Scheduled Tribes and Other Backward Classes at the rate of 15%, 7.5% and 27%, respectively, in case of direct recruitment on all-india basis by open competition. In case of direct recruitment on all-india basis otherwise than by open competition, the percentage fixed is 16.66%, 7.5% and 25.84%, respectively. Q. 17. Which Article of the Constitution provides that it shall be the endeavour of every State to provide adequate facility for instruction in the mother tongue at the primary stage of education? a. Article 349 b. Article 351 c. Article 350 A d. Article 347 ANS: Article 350 A

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 18 350A. Facilities for instruction in mother-tongue at primary stage.- It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities. Q. 18. Consider the following statements regarding the Language of the Parliament. 1. As per constitution, the languages to conduct the business of parliament are Hindi or English. 2. However, a member can address the house in his own language / mother tongue with permission from presiding officer. Which of the following statements are Incorrect? a. 1 only b. 2 only c. Both 1 and 2 d. Neither 1 nor 2 ANS: Neither 1 nor 2 As per constitution, the languages to conduct the business of parliament are Hindi or English. However, a member can address the house in his own language / mother tongue with permission from presiding officer. There are arrangements for simultaneous translations. The constitution had provided that the English as language of the house would discontinue by 1965, but the Official Languages Act 1963 allowed it to be used along with Hindi as language of parliamentary business.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 19 Q. 19. Which of the following statements regarding the Advisory jurisdiction of the Supreme Court are correct? (IAS-1994) 1. It is binding on the Supreme Court to give its opinion on any matter referred to it by the President. 2. The full bench of the Supreme Court hears any reference made to it under its power of advisory jurisdiction. 3. The opinion given by the Supreme Court on a reference under advisory jurisdiction is not binding on the government. 4. Not more than one reference at a time can be made to the Supreme Court under its power of advisory jurisdiction Select the answer from the Codes a. 1 and 3 b. 2 and 3 c. 1 and 4 ANS: 2 and 3 Article 143 of the Indian Constitution confers upon the Supreme Court advisory jurisdiction. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion. On such reference from the President, the Supreme Court, after giving it such hearing as it deems fit, may report to the President its opinion thereon. The opinion is only advisory, which the President is free to follow or not to follow. However, even if the opinion given in the exercise of advisory jurisdiction may not be binding, it is entitled to great weight.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 20 Q. 20. Consider the following statements regarding Procedure for Passing of the Money Bills 1. A private bill in certain sections if endorsed by the Speaker of the Lok Sabha can be a money bill. 2. If Rajya Sabha does not even return the bill in 14 days, it is considered passed in both houses. 3. There is no question of joint sitting in case of money bills because opinion of Rajya Sabha is immaterial in their case. Which of the following statements are Correct? a. 1 and 3 b. 2 and 3 c. 1 and 2 ANS: 2 and 3 The money bills have special features which make the procedure of their passage in parliament distinct. A money bill can be introduced / originated only in Lok Sabha {or in legislative assembly in case of bicameral legislature in states}. A money bill can be introduced only on prior recommendations of the President {or governor in case of state} A money bill can be a government bill only. No private bill can be a money bill. Once a money bill is passed in Lok Sabha, it is transmitted to Rajya Sabha for its consideration. But Rajya Sabha has limited powers in this context. It can neither reject nor amend the money bill. It can make only recommendations and has to return the bill with or without recommendations to Lok Sabha in 14 days. The Lok Sabha may or may not accept the recommendations of Rajya Sabha.

FINAL LAP REVISION FOR PRELIMS 2018- SET 31- POLITY & GOVERNANCE 21 Whether or not accepted those recommendations, thus returned bill is considered passed in both houses. If Rajya Sabha does not even return the bill in 14 days, it is considered passed in both houses. President can withhold assent to money bill but cannot return it for reconsideration of the Lok Sabha. There is no question of joint sitting in case of money bills because opinion of Rajya Sabha is immaterial in their case. Q. 21. Consider the following statements regarding Examples of Majorities in Constitution. 1. Vice-President may be removed from his office by a resolution of Rajya Sabha passed by a majority of all the then members of the Rajya Sabha and agreed to Lok Sabha. This is an example of effective majority in Rajya Sabha 2. A member holding office as Deputy Chairman of Rajya Sabha may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council. (Simple Majority in Rajya Sabha) 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