Polity

Q.1 – Consider the following statements :

1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.
2. The Constitution of India empowers the Supreme Court and the High Courts to punish for contempt of themselves.
3. The Constitution of India defines Civil Contempt and Criminal Contempt.
4. In India, the Parliament is vested with the powers to make laws on Contempt of Court.

Which of the statements given above is/are correct ?

(a) 1 and 2 only
(b) 1, 2 and 4
(c) 3 and 4 only
(d) 3 only

Option (b) is correct: 

Statement 1 is correct: The Sanyal Committee examined the law relating to contempt of courts in general, and the law relating to the procedure for contempt proceedings including the punishment thereof in particular. The Committee submitted its report in 1963, which inter alia defined and limited the powers of certain courts in punishing for contempt of courts and provided to regulate the procedure in relation thereto. The recommendations of the Committee were generally accepted by the Government after having wide consultation with the State Governments, Union Territory Administrations, and all other stakeholders. After the aforesaid deliberations the Contempt of Courts Act, 1971 (70 of 1971) came to be enacted (hereinafter referred to as the “Act 1971”), which repealed and replaced the Act 1952.

Statement 2 is correct: Article 129: Supreme Court to be a court of record The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
Article 215: High Courts to be courts of record Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

Statement 3 is incorrect:
THE CONTEMPT OF COURTS ACT, 1971
Definitions.—In this Act, unless the context otherwise requires,—
(a) “contempt of court” means civil contempt or criminal contempt;
(b) “civil contempt” means wilful disobedience to any judgement, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court;
(c) “criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which—
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;
(d) “High Court” means the High Court for a State or a Union territory, and includes the court of the Judicial Commissioner in any Union territory.

Statement 4 in correct
SEVENTH SCHEDULE (Article 246) List I—Union List: Entry 77. Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken therein; persons entitled to practise before the Supreme Court.

Q.2 – With reference to India, consider the following statements :

1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.

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

Option (b) is correct: 

Statement 1 is incorrect: Advocates are the only recognized class of persons entitled to Practice the profession of Law. With the development of the society the legal profession underwent a metamorphosis and several attempts have been made for proper dispensation of justice and to cater the legal needs of the society. They have been excluded from recognition as advocates.

Statement 2 is correct: The Bar Council of India visits and inspects Universities/Law colleges in the country as part of its statutory function of promoting legal education and laying down standards in consultation with the Universities in India and the State Bar Councils.

Q.3 – Consider the following statements :

1. A bill amending the Constitution requires a prior recommendation of the President of India.
2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct ?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3

Option (b) is correct: 

Statement 1 is incorrect: Constitution Amendment Bills are not treated as Money Bills or Financial Bills. Accordingly, the President’s recommendation under Articles 117 and 274 of the Constitution with regard to these Bills is not asked for.

Statement 2 is correct: Article 368:
Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this Article.
An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.

Statement 3 is correct: In case of any disagreement between the two Houses of Parliament on a Constitution Amendment Bill, there cannot be a joint sitting of the Houses of Parliament on the Bill as article 368 of the Constitution requires each House to pass the Bill by the prescribed special majority.

Q.4 – Consider the following statements :

1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.
2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.

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

Option (b) is correct: 

Statement 1 is incorrect: Article 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice: Provided that the President may require the council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.

Statement 2 is correct: Article 75 (1A): (91st Amendment)
The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent. of the total number of members of the House of the People.

Q.5 – Which of the following is/are the exclusive power(s) of Lok Sabha ?

1. To ratify the declaration of Emergency
2. To pass a motion of no-confidence against the Council of Ministers
3. To impeach the President of India

Select the correct answer using the code given below :

(a) 1 and 2
(b) 2 only
(c) 1 and 3
(d) 3 only

Option (b) is correct: 

Statement 1 is incorrect: Article 352: Every Proclamation issued under this article shall be laid before each House of Parliament
Article 356: Every Proclamation under this article shall be laid before each House of Parliament.
Article 360: A Proclamation issued under this shall be laid before each House of Parliament.

Statement 2 is correct: Article 75(3): The Council of Ministers shall be collectively responsible to the House of the People.

Statement 3 is incorrect: Article 61: When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

Q.6 – With reference to anti-defection law in India, consider the following statements :

1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.
2. The law does not provide any time-frame within which the presiding officer has to decide a defection case.

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

Option (b) is correct: 

Statement 1 is incorrect
Schedule 10: A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat after complying with the requirements of Article 99 or, as the case may be, Article 188.

Statement 2 is correct
Schedule 10: If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final.

Q.7 – Consider the following statements :

1. Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India.
2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.

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

Option (d) is correct: 

Statement 1 is incorrect
Article 88: Rights of Ministers and Attorney General in respects Houses Every Minister and the Attorney General of India shall have the right to speak in, and otherwise to take part in the proceedings of either House, any joint sitting of the Houses, and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote Officers of Parliament.
No mention of Solicitor General of India.

Statement 2 is incorrect
Article 76: The Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine Conduct of Government Business.

Q.8 – With reference to the writs issued by the Courts in India, consider the following statements :

1. Mandamus will not lie against a private . organisation unless it is entrusted with
a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.

Which of the statements given above are correct ?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Option (c) is correct: 

Statement 1 is correct and Statement 2 is incorrect
Mandamus literally means “Command”. It is thus an order of a superior court commanding a person holding a public office or a public authority- (including the Government) to do or not to do something, in the nature of public duty.

Statement 3 is correct
There are five Types of Writs. These are – Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. A citizen has a right to move the Courts for securing the Fundamental Rights and legal rights enforced by filling a Writ Petition.

Q.9 – With reference to Deputy Speaker of Lok Sabha, consider the following statements :

1. As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of Deputy Speaker shall be held on such date as the Speaker may fix.
2. There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.
3. The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his rulings.
4. The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime Minister.

Which of the statements given above are correct ?

(a) 1 and 3 only
(b) 1, 2 and 3
(c) 3 and 4 only
(d) 2 and 4 only

Option (a) is correct: 

Statement 1 is correct
RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN LOK SABHA: The election of a Deputy Speaker shall be held on such date as the Speaker may fix, and the Secretary-General shall send to every member notice of this date.

Statement 2 is incorrect
RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN LOK SABHA: At any time before noon on the day preceding the date so fixed, any member may give notice in writing, addressed to the Secretary-General, of a motion that another member be chosen as the Deputy Speaker of the House and the notice shall be seconded by a third member and shall be accompanied by a statement by the member whose name is proposed in the notice that the member proposed is willing to serve as Deputy Speaker.

Statement 3 is correct
RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN LOK SABHA: The Deputy Speaker or any other member competent to preside over a sitting of the House under the Constitution or these rules shall, when so presiding, have the same powers as the Speaker when so presiding and all references to the Speaker in these rules shall in these circumstances be deemed to be references to any such person so presiding.

Statement 4 is incorrect
RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN LOK SABHA: The motions which have been moved and duly seconded shall be put one by one in the order in which they have been moved, and decided, if necessary, by division. If any motion is carried, the person presiding shall, without putting later motions, declare that the member proposed in the motion which has been carried, has been chosen as the Deputy Speaker of the House.

Q.10 – In India, what is the role of the Coal Controller’s Organization (CCO) ?

1. CCO is the major source of Coal Statistics in Government of India.
2. It monitors progress of development of Captive Coal/Lignite blocks.
3. It hears any objection to the Government’s notification relating to acquisition of coal-bearing areas.
4. It ensures that coal mining companies deliver the coal to end users in the prescribed time.

Select the correct answer using the code given below :

(a) 1, 2 and 3
(b) 3 and 4 only
(c) 1 and 2 only
(d) 1, 2 and 4

Option (a) is correct: 

Statement 1 is correct: In terms of coal and lignite data, the Coal Controller has been designated as the statistical authority. Charged with conducting an annual coal and lignite survey and issuing Provisional Coal Statistics and the Indian Coal Directory.
Statement 2 is correct: The Coal Controller’s Organisation (CCO) is tasked with maintaining control over captive mines.

Statement 3 is correct: Under this act, the Coal Controller has the jurisdiction to hear any objections to the Central Government’s Notification relating to the acquisition of coal-bearing land and to report to the Central Government.

Statement 4 is incorrect: Coal Controller’s Organization (CCO) does not ensures that coal mining companies deliver the coal to end users in the prescribed time.

Q.11 – 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 a Union Territory.
(d) The State having such areas would be declared a Special Category State.

Option (a) is correct: This would prevent the shifting of the land of tribal people to non-tribal people. This aspect of the law relating to special constitutional protections for Scheduled Tribes and Scheduled Areas has also seen some important developments. A leading decision on the subject was passed by the Supreme Court in Samatha vs. the State of Andhra Pradesh. The Court was asked to rule on whether the grant of a mining lease, in a Scheduled Area to a non-tribal, was in violation of laws preventing alienation of Adivasi lands.

The specific context for the case was the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1 of 1970, which explicitly prohibits any person in a Scheduled Area from transferring lands to anyone other than a Scheduled Tribe. The premise of the regulation is that all land in Scheduled Area is presumed to have been Adivasi land; hence, not only should no land now pass into the hands of non-Adivasis, but any land presently owned by non-tribal should, if being transferred, come back to the hands of Scheduled Tribes. The question before the Court was whether the grant of a mining lease on government land to a non-tribal violated this principle.

The Court did not rely purely on the specific clauses of the Regulation and instead held that the Constitution itself requires that land in Scheduled Areas should remain with the Adivasis to preserve their autonomy, culture and society. The Regulation, hence, should be interpreted ‘expansively’ in order to fulfill this mandate.

Q.12 – Consider the following statements :

1. The India Sanitation Coalition is a platform to promote sustainable sanitation and is funded by the Government of India and the World Health Organization.
2. The National Institute of Urban Affairs is an apex body of the Ministry of Housing and Urban Affairs in Government of India and provides innovative solutions to address the challenges of Urban India.

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

Option (b) is correct:

Statement 1 is not correct: India Sanitation Coalition (ISC) is a multi-stakeholder platform that brings together the private sector, government, financial institutions, civil society groups, media, donors/bi-lateral/multilateral, experts etc. to work in the sanitation space to drive sustainable sanitation through a partnership model.

Statement 2 is correct: The National Institute of Urban Affairs (NIUA) is India’s leading national think tank on urban planning and development. As a hub for generation and dissemination of cutting-edge research in the urban sector, NIUA seeks to provide innovative solutions to address the challenges of a fast-urbanising India. It has worked closely with the Ministry of Housing and Urban Affairs, alongside other government and civil sectors, to identify key areas of research, and address the lacunae in urban policy and planning.

Q.13 – With reference to the “Tea Board” in India, consider the following statements :

1. The Tea Board is a statutory body.
2. It is a regulatory body attached to the Ministry of Agriculture and Farmers Welfare.
3. The Tea Board’s Head Office is situated in Bengaluru.
4. The Board has overseas offices at Dubai and Moscow.

Which of the statements given above are correct ?

(a) 1 and 3
(b) 2 and 4
(c) 3 and 4
(d) 1 and 4

Option (d) is correct:

Statements 1 and 4 are correct: The Tea Board was established on 1st April 1954 as a statutory body in accordance with Section (4) of the Tea Act 1953. As the apex body, it takes care of the overall development of the tea industry. The Board is headed by a Chairman and consists of 30 members appointed by the Government of India representing different sections of the tea industry. For the purpose of tea promotion, three overseas offices are located in London, Dubai and Moscow.
Statements 2 and 3 are not correct: It is a regulatory body attached to the Ministry of Commerce and Industry. The Head Office of the Board is located at Kolkata and has two Regional Offices in the North-East Zone at Jorhat in Assam and Coonoor in Tamil Nadu in the South Zone. In addition, there are 18 regional offices spread across all major tea producing states and four metropolitan cities.