Daily Static MCQs for UPSC & State PSC Exams - Polity (20 June 2023)

Daily Static MCQs Quiz for UPSC, IAS, UPPSC/UPPCS, MPPSC. BPSC, RPSC & All State PSC Exams

Subject : Polity

1. Consider the following statements:

1. In India no law can be amended retrospectively.
2. In India, no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence.
3. The Constitution of India guarantees protection against double jeopardy.

How many statements given above are correct?

(a) Only one
(b) Only two
(c) All three
(d) None

Answer: (B)

Explanation:

  • Criminal laws cannot be amended retrospectively. Civil law can be amended retrospectively. For example, a tax can be imposed retrospectively. Hence, statement 1 is incorrect.
  • Article 20 of the Constitution guarantees protection against double jeopardy. Article 20(1) says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. Hence, statement 2 and 3 are correct.

2. Which of the following employees are covered by the Central Administrative Tribunal (CAT)?

1. Secretarial staff of the Parliament
2. Officers and servants of the Supreme Court
3. Members of the defence forces

Select the correct answer using the code given below:

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1, 2 and 3
(d) None of the above

Answer: (D)

Explanation: The Central Administrative Tribunal (CAT) was set up in 1985 with the principal bench at Delhi and additional benches in different states. The CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it. Its jurisdiction extends to the all-India services, the Central civil services, civil posts under the Centre and civilian employees of defence services. However, the members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by it. Hence, option (d) is correct.

3. Consider the following statements:

1. According to the Constitution of India, the Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit.
2. The Governor always has to act on the aid and advice of the cabinet and cannot decide on his or her own on summoning the House.

Which of the above statements is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (A)

Explanation: “The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit…” says Article 174 of the Constitution. The provision also puts on the Governor the responsibility of ensuring that the House is summoned at least once every six months. Although it is the Governor’s prerogative to summon the House, according to Article 163, the Governor is required to act on the “aid and advice” of the Cabinet. So when the Governor summons the House under Article 174, this is not of his or her own will but on the aid and advice of the Cabinet. Hence, statement 1 is correct.

There are a few instances where the Governor can summon the House despite the refusal of the Chief Minister who heads the Cabinet. When the Chief Minister appears to have lost the majority and the legislative members of the House propose a no-confidence motion against the Chief Minister, then the Governor can decide on his or her own on summoning the House. But the actions of the Governor, when using his discretionary powers can be challenged in court. Hence, statement 2 is incorrect.

4. With reference to the procedure for the amendment of the Constitution as laid down in Article 368, consider the following statements:

1. An amendment of the Constitution can be initiated only in either House of Parliament.
2. The bill can be introduced only by a minister and not by a private member.
3. Prior permission of the president is not required for the introduction of the bill.
4. The ratification by the state legislature is not required.

How many statements given above is/are incorrect?

(a) Only one
(b) Only two
(c) Only three
(d) All four

Answer: (B)

Explanation:

  • The procedure for the amendment of the Constitution is laid down in Article 368. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. Hence, statement 1 is correct.
  • The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. Hence, statement 2 is incorrect while statement 3 is correct.
  • The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
  • If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting. Hence, statement 4 is incorrect.
  • After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. After the president’s assent, the bill becomes an Act.

5. The 42nd Amendment Act of 1976 transferred which of the following subjects to Concurrent List from State List?

1. Weights and measures
2. Protection of wild animals and birds
3. Economic and social planning
4. Administration of justice

Select the correct answer using the code given below:

(a) 1 and 2 only
(b) 1, 2 and 3 only
(c) 1, 2 and 4 only
(d) All of the above

Answer: (C)

Explanation: The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List, that is, (a) education, (b) forests, (c) weights and measures, (d) protection of wild animals and birds, and (e) administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts. Hence, option (c) is correct.