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Daily subject-wise quiz: Polity and Governance MCQs on public servant, Governor of State and more (Week 113)
UPSC Essentials brings to you its initiative of daily subject-wise quizzes. These quizzes are designed to help you revise some of the most important topics from the static part of the syllabus. Attempt today's subject quiz on Polity and Governance to check your progress.
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Consider the following statements:
1. The President of India appoints him and has a special procedure for removal (like a Supreme Court Judge).
2. His salary and expenses are charged (not voted) to the Consolidated Fund of India.
3. He is not allowed to hold any other Government office after his term expires.
The above mentioned statements refer to:
(a) Attorney General of India
(b) Comptroller and Auditor General of India
(c) Chief Economic Advisor
(d) National Security Advisor
Explanation
— The Constitution enables the independent and unbiased nature of audit by the CAG by providing for:
(i) His appointment by the President of India
(ii) Special procedure for removal (like a Supreme Court Judge)
(iii) Salary and expenses Charged (not Voted) to the Consolidated Fund of India
(iv) Disallowing his holding any other Government office after his term expires.
Therefore, option (b) is the correct answer.
(Source:
With reference to the number of Lok Sabha seats fixed at various censuses, consider the following pairs:
1. 1951 Census – 494 seats
2. 1971 Census – 522 seats
3. 2001 Census – 543 seats
How many of the pairs given above are correctly marked?
(a) Only one
(b) Only two
(c) All three
(d) None
Explanation
— The number of constituencies in Parliament and state assemblies is changed to reflect the most recent population figures, ensuring that the number of Indians represented by an MP/MLA remains fairly constant. (The notion of 'one citizen, one vote, one value' established by Article 81.)
— According to the 1971 Census, the number of Lok Sabha seats was fixed at 543, implying that each MP represented around one million Indians. (The number of Lok Sabha seats was previously fixed at 494 and 522 following the censuses of 1951 and 1961, respectively.)
— The Constitution (Forty-second Amendment) Act, 1976, passed by the Emergency government to manage India's population, froze the number of Lok Sabha seats until the first Census after 2000.
— In 2002, the Atal Bihari Vajpayee government extended the freeze until at least 2026.
Therefore, option (a) is the correct answer.
According to the Lokayukta Act, the 'public servant' is defined as any person who is or has been a chairperson, member, officer, or employee:
1. in any autonomous body established by an Act of Parliament
2. in a body which is wholly financed by the Central Government
3. as a Judges
4. in a body which is partially financed or controlled by the Central Government
Select the correct answer using the codes given below:
(a) 1 and 2 only
(b) 2 and 4 only
(c) 1, 2 and 3
(d) 1, 2, 3 and 4
Explanation
— According to the Lokayukta Act, 'It shall apply to public servants in and outside India'. Section 14 of the Act defines 'public servant' as 'any person who is or has been a chairperson, member, officer, or employee in any autonomous body established by an Act of Parliament, wholly or partly financed by the Central Government or controlled by it.' While judges are not explicitly mentioned, sub-section (f) includes them.
— The Lokpal is an independent statutory body under the aegis of the executive.
— The Lokpal panel, chaired by former Supreme Court judge A.M. Khanwilkar, ruled on January 27 that it has the authority to consider corruption accusations against former judges under the Lokpal and Lokayuktas Act, 2013 (Lokpal Act). Admitting its January 27 ruling could have created a new path for complaints against judges, without following the previously established process for such matters.
Therefore, option (d) is the correct answer.
If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant. Which of the following is not computed while calculating 60 days?
1. When the House is prorogued
2. When the House is adjourned for more than four consecutive days
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
Explanation
— 'If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.'
— In other words, the 60-day period pertains only to the House's sittings, not all of the days, and does not include any instances where the House was adjourned for longer than four days.
Therefore, option (c) is the correct answer.
Which of the following statements about the Governor of an Indian State is correct?
(a) The Governor must be a citizen of India and should have completed the age of 30 years.
(b) The Constitution lays down provisions for the manner in which the Governor and the state must engage.
(c) There is an impeachment process for removing the Governor.
(d) The qualifications and conditions of the office are mentioned in the constitution.
Explanation
— The Article 153 of the Constitution says 'There shall be a Governor for each State.' A few years after the commencement of the Constitution, an amendment in 1956 laid down that 'nothing in this article shall prevent the appointment of the same person as Governor for two or more States'.
— Article 155 says that the 'Governor of a State shall be appointed by the President by warrant under his hand and seal'. Under Article 156, 'the Governor shall hold office during the pleasure of the President', but his normal term of office will be five years. If the President withdraws her pleasure before the completion of five years, the Governor has to step down.
— Since the President acts on the aid and advice of the Prime Minister and the Union Council of Ministers, in effect, the Governor is appointed and removed by the central government. There is no impeachment process for removing the Governor.
— Article 157 lays down the qualifications of the Governor, The Governor must be a citizen of India and should have completed the age of 35 years.
— Article 158 lays down the conditions of his office, The Governor should not be a member of Parliament or a state legislature, and must not hold any other office of profit.
— The Governor enjoys certain powers under the Constitution — such as giving or withholding assent to a Bill passed by the state legislature; determining the time needed for a party to prove its majority in the state Assembly; or, in cases such as a hung verdict in an election, which party must be called first to prove its majority — which make his position very significant.
— The Constitution lays down no provisions for the manner in which the Governor and the state must engage publicly when there is a difference of opinion and there is no provision for impeaching the Governor.
Therefore, option (d) is the correct answer.
Consider the following with reference to the Constitution of India:
1. On November 26, 1949, the Constituent Assembly of India adopted the Constitution of India.
2. The Constitution of India came into effect on January 26, 1950, which we celebrate as Republic Day.
3. The Constituent Assembly met for the first time on December 9, 1946.
4. In 2015, the Government of India declared December 9 as Constitution Day.
How many statements given above is/are correct?
(a) 1 and 2 only
(b) 1, 2 and 3 only
(c) 3 and 4 only
(d) 1, 2, 3 and 4
Explanation:
— The Constituent Assembly met for the first time on December 9, 1946.
— On November 26, 1949, the Constituent Assembly of India adopted the Constitution of India. It came into effect on January 26, 1950, which we celebrate as Republic Day. In 2015, the Government of India declared November 26 — hitherto known as National Law Day — as Constitution Day.
Therefore, option (b) is the correct answer.
Which of the following are Constitutional Bodies of India?
1. Special officer for Linguistic Minorities
2. National Commission for Minorities
3. National Commission for Backward Classes
4. National Commission for Scheduled Tribes
5. National Commission for Scheduled Castes
Select the correct code:
(a) 1, 2, 4 and 5 only
(b) 1, 3, 4 and 5 only
(c) 3, 4 and 5 only
(d) 1, 2, 3, 4 and 5
Explanation:
— Constitutional bodies are institutions or authorities whose powers, duties, and structures are explicitly defined in the Constitution. Their roles extend beyond mere administrative functions, as they are designed to serve as checks and balances on governmental power.
— Apart from constitutional bodies, there are statutory bodies that play a vital role in strengthening our democracy. Statutory bodies are institutions established by an act of Parliament or state legislatures, deriving their authority from legislation rather than directly from the Constitution.
— The National Commission for Minorities was set up as a statutory body with the enactment of the National Commission for Minorities Act, 1992 by the Parliament.
Therefore, option (b) is the correct answer.
With reference to Lily Thomas vs Union Of India & Ors., consider the following statements:
this case the Supreme Court declared sub-section (4) of Section 8 of the Representation of the People Act, 1951, which allowed convicted members of legislative bodies a 3 month time period for appeal against the conviction and sentencing, as ultra vires the Constitution.
2. The Court ruled that Members of Parliament and State Legislatures convicted of crimes where they had been awarded a minimum sentence of 2 years imprisonment would cease to be members of the house to which they were elected from the date of sentencing.
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
Explanation:
— As per Section 8(3) of the Representation of the People Act of 1951, conviction of a lawmaker for an offence with a two-year sentence or more leads to disqualification from the House.
— Section 8(4) of the RPA said that the disqualification takes effect only 'after three months have elapsed' from the date of conviction. Within that period, the convicted lawmaker could have filed an appeal against the sentence before a higher court.
— However, this provision was struck down as 'unconstitutional' in the Supreme Court's landmark 2013 ruling in 'Lily Thomas v Union of India'.
— On July 10, 2013, a bench of Justices AK Patnaik and SJ Mukhopadhaya of the Apex Court held that 'Parliament had no power to enact sub-section (4) of Section 8 of the Act and accordingly sub-section (4) of Section 8 of the Act is ultra vires the Constitution.'
— The Court also held that if any sitting member of Parliament or State Legislature is convicted of any offence under sub-section (1), (2), and (3) of Section 8, RPA, then 'by virtue of such conviction and/or sentence' they will be disqualified. The court added that a convicted parliamentarian or legislator's membership will no longer be protected by Section 8 (4), as was previously the case.
— The Court on an examination of other provisions in the Constitution that deal with disqualification of a lawmaker held that the Constitution 'expressly prohibits' Parliament to defer the date from which a disqualification would come into effect.
Therefore, option (c) is the correct answer.
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