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Constitution & Political System (Part-II)

📆 March 7, 2025

Total Questions: 56

41. Consider the following statements: [2021-1]

1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.

2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.

3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.

Which of the statements given above is/are correct?

Correct Answer: (c) 1 and 3
Solution:As per Section 33(7) of the Representation of People's Act amendment in 1996, one candidate can contest from a maximum of two constituencies. So Statement 1 is incorrect. A and C eliminated. We've B or D left.
If a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies. It is suggested reform but
not an existing rule So, Statement 3 is incorrect
If we eliminate 1 and 3 we are left with only option b.
In the 1991-Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies. Factual data which is correct. Statement 2 is correct. (The two Constituency rule started from 1996, so in 1991- Devi lal could do from three seats).
UPSC has cancel this question probably because
Some sources say Devi Lal didn't contest in 1991 from 3 seats, but in some other year. Some sources say Devi Lal contested in 1991 from 3 seats, but not all of them were Lok Sabha seats- some of them were Vidhan Sabha seats. Some expert say it was canceled due to translation errors. (although I didnt find any.)

Anyways, what could be the reason for cancellation, I don't think it is a productive use of time many more to keep digging the skeletons from the cupboard to find the right reason' why the question would have been canceled.

42. Consider the following statements: [2022-1]

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?

Correct Answer: (b) 1, 2 and 4
Solution:Statement 3 is wrong. It is not the Constitution but the THE CONTEMPT OF COURTS ACT, 1971 Define is the Civil Contempt and Criminal Contempt. Option (c) and (d) eliminated. We are left with 50:50 between (a) or (b). Statement 4 is right- the Parliament is vested with the powers to make laws on Contempt of Court - Therefore by elimination the answer is (b).

43. Consider the following statements: [2022-1]

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?

Correct Answer: (b)2 and 3 only
Solution:Statement 1 is wrong: Constitution Amendment Bills donot require President's recommendation. Statement 2 and 3 are correct as per Article 368.

44. Consider the following statements: [2022-1]

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?

Correct Answer: (b) 2 only
Solution:Statement I is wrong: Article 74: There shall be a Council of Ministers with the Prime Minister at the helm. But different types of ministers and not mentioned in the constitution. Statement 2 is correct: as per 91st Amendment to the Constitution of India.

45. Consider the following organizations/bodies in India: [2023-1]

1. The National Commission for Backward Classes

2. The National Human Rights Commission

3. The National Law Commission

4. The National Consumer Disputes Redressal Commission

How many of the above are constitutional bodies?

Correct Answer: (a) Only one
Solution:NCBC is a constitutional body.

NHRC is a statutory body.

National law commission is an executive body.

National Consumer Disputes Redressal Commission is a statutory body.

Therefore, only I statement, (a) is right.

National Commission for Backward Classes (NCBC) was initially constituted by the Central Govt by the National Commission for Backward Classes Act, 1993 and so far the Commission had been reconstituted 7 times up to 2016.

The present Commission (8th) has been accorded Constitutional Status and constituted through "The Constitution (One Hundred and Second Amendment) Act, 2018" Act.

Where by Article 338B has been inserted, forming a Commission for the socially and educationally backward classes to be known as National Commission for Backward Classes.

46. Consider the following statements: [2023-1]

1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.

2. The Constitution of India exempts the States from providing legal counsel to person being held for preventive detention

3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.

How many of the above statements are correct?

Correct Answer: (b) Only two
Solution:Article 355 provides 'Duty of the Union to protect States against external aggression and internal disturbance'. Thus statement 1 is correct.
According to Article 22 of Constitution of India (Protection against arrest and detention in certain cases):
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.
Hence, According to Clause (3) Article 22 of the Constitution of India, it is not mandatory for states to provide access to legal counsel to the person held for preventive detention. Thus,
Statement 2 is correct.

Section 32 (1) of the Prevention of Terrorism Act (POTA) 2002 stated that "Notwithstanding anything in the Code 12 or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police shall be admissible in the trial of such person." Thus, Statement 3 is incorrect.

47. Which one of the following statements best reflects the Chief purpose of the 'Constitution' of a country? [2023-1]

Correct Answer: (c) It defines and limits the powers of government.
Solution:The correct answer is (c), it defines and limits the powers of government. A constitution is a set of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed. It typically defines the structure, procedures, powers, and duties of the government, as well as the rights and freedoms of the people.

48. Consider the following statements: [2023-1]

1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision becomes invalid.

2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.

3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.

How many of the above statements are correct?

Correct Answer: (d) None
Solution:Statement 1 is wrong: Article 71 of the Constitution explicitly states that any act done by the President or Vice President in their official capacity shall not be invalidated just because the Supreme Court has declared their election to be invalid.
Statement 2 is wrong: The Presidential and Vice Presidential election Act and rules of 1952 empower the election commission of India to conduct elections to these offices without any provision allowing for changes to election cycles due to non functional legislative assemblies.
Statement 3 is wrong: The Constitution does not provide for any time limit to either the President or Governor with respect to delivering assent. All three statements are wrong.

49. With reference to Finance Bill and Money Bill in the Indian Parliament, consider the following statements: [2023-1]

1. When the Lok Sabha transmits Finance Bill to the Rajya Sabha, it can amend or reject the Bill.

2. When the Lok Sabha transmits Money Bill to the Rajya Sabha, it cannot amend or reject the Bill, it can only make recommendations.

3. In the case of disagreement between the Lok Sabha and the Rajya Sabha, there is no joint sitting for Money Bill, but a joint sitting becomes necessary for Finance Bill.

How many of the above statements are correct?

Correct Answer: (b) Only two
Solution:Not being a Money Bill, the Council of States has the same power to reject or amend a Financial Bill as it has in the case of Non-financial Bills subject to the limitation that an amendment other than for reduction or abolition of a tax cannot be moved in either House without the President's recommendation. Thus, statement 1 is correct.
A Money Bill cannot be introduced in the Council of States nor can it be introduced except on the recommendation of the President. Again, the Council of States has no power to amend or reject such a Bill. It can only recommend amendments to the House of the People. Thus, statement 2 is correct.
Only Money Bills are excepted out of the provisions relating to a joint sitting [Art. 108(1)]. Thus, statement 3 is also correct. Since all three statements are correct, the correct answer should be (c) but Official (UPSC) answer key is (b).

50. Consider the following statements in respect of election to the President of India: [2023-1]

1. The members nominated to either House of the Parliament or the Legislative Assemblies of States are also eligible to be included in the Electoral College.

2. Higher the number of Elective Assembly seats, higher is the value of vote of each MLA of that State.

3. The value of vote of each MLA of Madhya Pradesh is greater than that of Kerala.

4. The value of vote of each MLA of Puducherry is higher than that of Arunachal Pradesh because the ratio of total population to total number of elective seats in Puducherry is greater as compared to Arunachal Pradesh.

How many of the above statements are correct?

Correct Answer: (a) Only one
Solution:The correct answer is (a) Only one.
Statement 1 is incorrect. The members nominated to either House of the Parliament or the Legislative Assemblies of States are not eligible to be included in the Electoral College. Only the elected members are eligible to be included in the Electoral College.
Statement 2 is incorrect. The value of vote of each MLA of a State is not directly proportional to the number of elective Assembly seats in that State. The value of vote of each MLA of a State is determined by the following formula:
Value of vote of each MLA Total number of votes of all MLAs in the State / Total number of elective Assembly seats in the State

For example, the value of vote of each MLA in Madhya Pradesh is 230, while the value of vote of each MLA in Kerala is 140. This is because there are a total of 230 MLAs in Madhya Pradesh and 140 MLAs in Kerala.
Statement 3 is incorrect. The value of vote of each MLA of Madhya Pradesh is not greater than that of Kerala. In fact, the value of vote of each MLA of Kerala is greater than that of Madhya Pradesh. This is because the ratio of total population to total number of elective seats in Kerala is greater than that of Madhya Pradesh.
Statement 4 is correct as value of vote of Pondicherry MLA is 16 while that of Arunachal Pradesh MLA is 8.

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