fbpx

Prelims-IAS –POLITY MCQ Ans-13

1.. With reference to Deputy Chairman of Rajya Sabha, consider the following statements:

  1. To be elected as Deputy Chairman, one must not be less than 30 years of age
  2. Whenever the office of the Deputy Chairman falls vacant, President appoints the senior most member to fill the vacancy.
  3. Being subordinate to the Chairman,Deputy Chairman is directly responsible to Chairman as well as Rajya Sabha.

Which of the statements given above is/are correct?
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1 and 3 only

  • Statement 1 is correct. Deputy Chairman is selected among the members of Rajya Sabha.
  • For being amember of RS, one must not be less than 30 years of age in the case of the Rajya Sabha
  • Statement 2 is not correct. Whenever the office of the Deputy Chairman falls vacant, the Rajya Sabha elects another member to fill the vacancy.
  • Statement 3 is not correct. Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha.
  • Ans- A

2.. Consider the following statements:

  1. The civil servants are conferred personal immunity from legal liability for official contracts.
  2. The judicial officers enjoy immunity from any liability in respect of their official acts.

Which of the statements given above is/are not correct?
(a) 1 only .               (b) 2 only
(c) Both 1 and 2         (d) Neither 1 nor 2

  • Statement 1 is correct: Under the Constitution, the civil servants are conferred personal immunity from legal liability for official contracts. This means that the civil servant who made a contract in his official capacity is not personally liable in respect of that contract but it is the government (Central or state) that is liable for the contract. But, if the contract is made without complying the conditions specified in the Constitution, then the civil servant who made the contract is personally liable.
  • Further, the civil servants also enjoy immunity from legal liability for their tortious acts in respect of the sovereign functions of the government. In other cases, the liability of the civil servants for torts or illegal acts is the same as of any ordinary citizen.
  • Civil proceedings can be instituted against them for anything done in their official capacity after giving a two months’ advance notice. But, no such notice is required when the action is to be brought against them for the acts done outside the scope of their official duties.
  • Criminal proceedings can be instituted against them for acts done in their official capacity, with the prior permission of the President or the governor, where necessary.
  • Statement 2 is correct: The judicial officers enjoy immunity from any liability in respect of their official acts and hence, cannot be sued. The Judicial Officers Protection Act (1850) lays down that, ‘no judge, magistrate, justice of peace, collector or other person acting judicially shall be liable to be sued in any civil court for any act done by him in the discharge of his official duty’
  • Ans-C

3.. With reference to the appointment of Prime Minister of India, consider the following statements:

  1. Before his appointment as Prime Minister, he must prove his majority in the Lok Sabha.
  2. At the time of appointment, he must be amember of either House of Parliament.

Which of the statements given above is/are correct?

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

  • Article 75 of the Indian Constitution says that the Prime Minister shall be appointed by the president.
  • Statement 1 is not correct: In 1980, the Delhi High Court held that the Constitution does not require that a person must prove his majority in the Lok Sabha before he is appointed as the Prime Minister. The President may first appoint him the Prime Minister and then ask him to prove his majority in the Lok Sabha within a reasonable period.
  • Statement 2 is not correct: In 1997, the Supreme Court held that a person who is not a member of either House of Parliament can be appointed as Prime Minister for six months, within which, he should become a member of either House of Parliament; otherwise, he ceases to be the Prime Minister.
  • Ans-D

4.. Consider the following statements:
1. The salaries of members of parliament are determined by the President.
2. There is no provision of pension in the Constitution for members of Parliament. 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

 

  • Members of either House of Parliament are entitled to receive such salaries and allowances as may be determined by Parliament but there is no provision of pension in the Constitution.
  • However, Parliament has provided pension to the members under Salaries, Allowances and Pension of Members of Parliament Act.
  • Ans-B

5.. Which of the following is not a criterion for being appointed as District Judge?(a)  He should be recommended by High Court.
(b)  He should not be less than 35 years old.
(c)  He should not already be in the service of the central or state government.
(d)  He should have been an advocate or pleader for seven years.
  • A person to be appointed as district judge should have the following qualifications:

(a) He should not already be in the service of the Central or the state government. (b) He should have been an advocate or a pleader for seven years.
(c) He should be recommended by the high court for appointment.

  • The appointment, posting and promotion of district judges in a state are made by the governor of the state in consultation with the high court.
  • Ans-B

456 total views, 2 views today

Please follow and like us:

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Content is protected !!