Government & Administration (India & World) (Part-III)

Total Questions: 51

11. With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, et(c) conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation ? [Pre18 Set-D, 2018-1]

Correct Answer: (b) Committee on Subordinate Legislation
Solution:Committee on government assurances checks the assurances, promises and undertakings given by ministers from time to time on the floor of the House and reports on the extent to which they have been carried through. In the Lok Sabha, it consists of 15 members and in the Rajya Sabha, it consists of 10 members. It was constituted in 1953.
Committee on Subordinate legislation examines and reports to the House whether the powers to make regulations, rules, sub-rules and bye-laws delegated by the Parliament or conferred by the Constitution to the Executive are being properly exercised by it. In both the Houses, the committee consists of 15 members. It was constituted in 1953.
Rules committee considers the matters of procedure and conduct of business in the House and recommends necessary amendments or additions to the rules of the House. The Lok Sabha committee consists of 15 members including the Speaker as its ex-officio chairman. In the Rajya Sabha, it consists of 16 members including the Chairman as its ex-officio chairman
Business advisory committee regulates the programme and time table of the House. It allocates time for the transaction of legislative and other business brought before the House by the government. The Lok Sabha committee consists of 15 members including the Speaker as its chairman. In the Rajya Sabha, it has 11 members including the Chairman as its ex-officio chairman.

12. Regarding Money Bill, which of the following statements is not correct? [2018-1]

Correct Answer: (c) A Money Bill is concerned with the appropriation of moneys out of the Contingency Fund of India.
Solution:Article 110(1)(A): a Bill shall be deemed to be a Money Bill if it contains provision related to relating to imposition, abolition, remission, alteration or regulation of any tax.
Article 110(1)(c): the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund.
Article 110(1)(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f) depending on how you interpret these provisions, it is difficult to outline any of the given statement as a wrong statement. But, UPSC has kept 'C' as the official answer.

13. With reference to the election of the President of India, consider the following statements: [2018-1]

1. The value of the vote of each MLA varies from State to State.

2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha.

Which of the statements given above is/are Correct?

Correct Answer: (a) 1 only
Solution:Statement 1- Correct: Value of 1 MLA's vote is base on total population of state to be divided by the total MLAs. Hence it ought to vary from state to state.

Statement 2- vaguely worded, and open to multiple interpretation: Interpretation 2(i):

While the value of an MLA's vote depends on the population of the state he or she belongs to, the value of an MP's vote remains the same at 708 so statement#2 is wrong.

However if you interpret it as 'collective' value then LS has more seats than RS, the (collective) value of vote of MPs of LS > RS then #2 should be right.

Accordingly, experts were divided over answer A or C. UPSC has also kept 'A' as the official answer.

14. Consider the following statements: [2018-1]

1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.

2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her immediately.

Which of the statements given above is/are correct?

Correct Answer: (a) 1 only
Solution:The Speaker is elected by the assembly itself from amongst its members. Usually, the Speaker remains in office during the life of the assembly. However, he vacates his office earlier in any of the following three cases: 1. if he ceases to be a member of the assembly..... So statement#1 is right.
Constitution of India, Art 179: "...Provided further that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution." So, statement#2 is wrong.

15. Consider the following statements: [2018-1]

1. No criminal proceedings shall be instituted against the Governor of a State any court during his term of office.

2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

Which of the statements given above is/are correct?

Correct Answer: (c) Both 1 & 2
Solution:Governor enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisone (d).
His emoluments and allowances cannot be diminished during his term of office. Thus both statements are right.
The Governor, along with the Chief Minister, the Council of Ministers, and the Advocate General of the state, constitute the state executive. Articles 153 to 167 in Part VI of the Indian Constitution outline the structure and functions of the state executive. The constitutional provisions outlined in these articles address various aspects of the Governor's office, including appointment, qualifications, powers, functions, and other related matters.
Article 153: It states that there shall be a Governor for each state. However, it also provides that nothing in this article prevents the appointment of the same person as Governor for two or more states.

16. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State. [2018-1]

Correct Answer: (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
Solution:The President's Rule can be proclaimed under Article 356... He can declare that the powers of the state legislature are to be exercised by the Parliament. So "B" is the right answer.
Meaning of President’s Rule
• The President’s Rule (Article 356), also known as the Governor’s Rule, refers to a period when the constitutional machinery in a State has failed, and the State government is unable to function in accordance with the provisions of the Constitution.
• It is a period when the autonomy of the State Government is temporarily suspended, and the Central government assumes direct control over the State’s administration.
• The President’s Rule is also known as ‘Constitutional Emergency’ or ‘State Emergency’.
        o However, the Indian Constitution does not use the word “Emergency” for this situation.
• The imposition of the President’s Rule empowers the Central government to suspend the State Legislature and govern the State through the office of the Governor.
      o This centralization of authority is intended to restore constitutional order, ensure the continuity of governance, and protect the interests of the citizens when the regular State machinery is unable to function.

17. The Ninth Schedule was introduced in the Constitution of India during the prime membership of : [2019-1]

Correct Answer: (a) Jawaharlal Nehru
Solution:"Article 31B along with the Ninth Schedule was added by the 1st Constitutional Amendment Act of 1951 to reduce the scope of Judicial review in the matters of land reforms and Zamindari-Abolition. Originally (in 1951), the Ninth Schedule contained only 13 acts and regulations but at present (in 2016) their number is 282."
So, if it was made the 50s, then it must be the Prime Minister Nehru.

18. Consider the following statements: [2019-1]

1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit.

2. The above-mentioned Act was amended five times.

3. The term 'Office of Profit' is well-defined in the Constitution of India.

Which of the following statements given above is/are correct?

Correct Answer: (a) 1 & 2 only
Solution:Parliament prevention of disqualification act 1959 exempts several posts from disqualification the grounds of "Office of profit'. #3 is wrong, and by elimination we are left with Answer A:1 and 2 only.
• The concept of "Office of Profit" in India relates to positions held by Members of Parliament or Members of the Legislative Assembly (MPs or MLAs) that may provide financial gain or benefit.
• The origin of the term ‘Office of Profit’ can be found in the English Act of Settlement, 1701. Hence, the concept of ‘office of profit’ is borrowed from the UK.
• The constitution and Representation of People’s Act,1951 does not have a clear definition of what constitutes an office of profit, but the definition has been developed through various court judgments.
• The test for determining whether a person holds an office of profit is based on the test of appointment, as per the Supreme Court's ruling in Pradyut Bordoloi vs Swapan Roy (2001). This test involves evaluating multiple factors, including:
• whether the government is responsible for appointing the individual,
• if the government has the authority to terminate the appointment,
• if the government sets the remuneration for the position,
• What is the source of the remuneration, and the extent of power or authority associated with the position.

19. With reference to the legislative Assembly of a state in India, consider the following Statements: [2019-1]

1. The Governor makes a customary address to Members of the house at the commencement of the first session of the year.

2. When a State Legislature does not have a rule on the particular matter, it follows the lok Sabha rule on that matter.

Correct Answer: (c) Both 1 & 2
Solution:Governor can address the state legislature at the commencement of the first session after each general election and the first session of each year. So #1 is right.
Article 208 of the Constitution: A House of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business. Thus, it's not mandated in the Constitution for the State legislature to (ALWAYS) follow/ copy the rules of Lok Sabha. So, #2 is wrong. Thus, answer A: only 1.
Counterview: As per second statement is correct so answer should be C: Both 1 and 2.
Final verdict: UPSC official Answerkey says "C: both statements are correct".

20. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? [2019-1]

Correct Answer: (c) Sarkaria Commission (1983)
Solution:

The clash of interests between the Centre and the States has been a long-standing issue in India, often causing disturbances in the smooth functioning of the democratic machinery. In response to these challenges, the Sarkaria Commission was set up in 1983 by the Parliament under the chairmanship of Justice R. S. Sarkaria. Along with members Shri B. Sivaraman and Dr. S. R. Sen, the commission examined the existing arrangements between the Union and the States.
Sarkaria Commission made several crucial recommendations to improve Centre-State relations and ensure a balanced distribution of powers. It emphasized the need for restraint in using Article 356 and suggested that it should only be applied as a last resort. The Commission recommended strengthening fiscal federalism by giving States more financial autonomy and suggested reforms in the appointment and role of Governors to ensure they remain impartial. It also proposed establishing a permanent Inter-State Council to promote dialogue between the Centre and the States, fostering greater cooperative federalism.