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Prelims-IAS –POLITY MCQ Ans-17

1.. Which of the following qualifications are laid down by Constitution and the Parliament, for a person to be chosen a member of the Parliament?

  1. He must be a citizen of India.
  2. He must be registered as an elector in the parliamentary constituency from where he wishes to contest the elections.
  3. He must be a member of a scheduled caste or scheduled tribe in any state or union territory if he wants to contest a seat reserved for them.

Select the correct answer using the code given below.

(a)  1 only
(b)  2 and 3 only
(c)  1 and 3 only

(d)  1, 2 and 3

  • Qualifications are being set by Constitution and Parliament as well.
  • The Constitution lays down the following qualifications for a person to be chosen a member of the Parliament:

    1. He must be a citizen of India. 

2. He must make and subscribe to an oath or affirmation before the person authorized by the election commission for this purpose. In his oath or affirmation, he swears (a) To bear true faith and allegiance to the Constitution of India (b) To uphold the sovereignty and integrity of India. Hence, statement 1 is correct.

3. He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.

4. He must possess other qualifications prescribed by Parliament.

  • The Parliament has laid down the following additional qualifications in the Representation of People Act (1951):
1. He must be registered as an elector for any parliamentary constituency. This is same in the case of both, the Rajya Sabha and the Lok Sabha. The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state was dispensed with in 2003. In 2006, the Supreme Court upheld the constitutional validity of this change. Hence, statement 2 is not correct.
2. He must be a member of a scheduled caste or scheduled tribe in any state or union territory if he wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them. Hence, statement 3 is correct.

2.. With reference to the special status granted to the state of Jammu and Kashmir, which of the following statements is/are correct?

  1. Jammu and Kashmir is the only State in India to have its own separate constitution.
  2. None of the provisions of the Indian constitution are applicable to the state of Jammu and Kashmir.

Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

  • Under Article 1 of the Indian Constitution, the State of Jammu and Kashmir (J&K) is a constituent state of Indian Union and its territory forms a part of the territory of India.
  • On the other hand, Article 370 in Part XXI of the Constitution grants a special status to it.
  • Accordingly, not all but some of the provisions of the Constitution of India apply to it. Hence, statement 2 is not correct.
  • It is also the only state in the Indian Union which has its own separate state Constitution— the Constitution of Jammu and Kashmir. Hence, statement 1 is correct.
  • Ans-A

3.. Consider the following statements:

  1. The President can transfer a judge from one high court to another after consulting the Chief Ministers of the respective states.
  2. The transfer of judges from one high court to another is not subject to judicial review.

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

  • The President can transfer a judge from one high court to another after consulting the Chief Justice of India. On transfer, he is entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament.
  • In 1977, the Supreme Court ruled that the transfer of high court judges could be resorted to only as an exceptional measure and only in public interest and not by way of punishment. Again in 1994, the Supreme Court held that judicial review is necessary to check arbitrariness in transfer of judges. But, only the judge who is transferred can challenge it.
  • In the Third Judges case (1998), the Supreme Court opined that in case of the transfer of high court judges, the Chief Justice of India should consult, in addition to the collegium of four senior most judges of the Supreme Court, the chief justice of the two high courts (one from which the judge is being transferred and the other receiving him). Thus, the sole opinion of the chief justice of India does not constitute the ‘consultation’ process.
  • Ans-D

4.. With regard to principle of collective responsibility in the Indian Parliamentary system of government, consider the following statements:

  1. All the ministers of Council of Ministers own joint responsibility to the Lok Sabha.
  2. Cabinet decisions bind all ministers of the Council of Ministers.

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
  • The fundamental principle underlying the working of parliamentary system of government is the principle of collective responsibility.
  •  Article 75 states that the council of ministers is collectively responsible to the Lok Sabha. This means that all the ministers own joint responsibility to the Lok Sabha for all their acts of omission and commission. Hence, statement 1 is correct.
  • Cabinet decisions bind all cabinet ministers (and other ministers) even if they differed in the cabinet meeting. It is the duty of every minister to stand by cabinet decisions and support them both within and outside the Parliament. If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign. Hence, statement 2 is correct.
  • Ans-C

5.. With reference to political parties as recognized by the Election Commission (EC), consider the following statements:

  1. EC recognizes parties as national parties or state parties on the basis of their membership.
  2. The recognition granted by EC to political parties determines their right to certain privileges in elections.

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

  • The Election Commission registers political parties for the purpose of elections and grants them recognition as national or state parties on the basis of their poll performance. The other parties are simply declared as registered unrecognised parties. Hence, statement 1 is not correct.
  • The recognition granted by the Commission to the parties determines their right to certain privileges like allocation of the party symbols, provision of time for political broadcasts on the state-owned television and radio stations and access to electoral rolls. Hence, statement 2 is correct.
  • Ans-B

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