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Prelims-IAS –POLITY MCQ Ans-6

1.  With reference to Panchayats (Extension to the Scheduled Areas) Act, consider the following statements:

  1. It extends the provisions of Part IX of the Constitution to both fifth and sixth scheduled areas.
  2. It empowers the Gram Sabha to safeguard and preserve the traditions and customs of the people.

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

  • Statement 1 is not correct: The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas.
  • However, the Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify.
  • Under this provision, the Parliament has enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the PESA Act or the Extension Act.
  • At present, ten states have Fifth Schedule Areas.
  • These are: Andhra Pradesh, Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
  • PESA does not extend to sixth schedule areas.
  • Statement 2 is correct: The Act provides that every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution.
  • Ans-B

2.  Consider the following statements:

  1. The Constitution declares Delhi as the seat of the Supreme Court.
  2. The Constitution authorises the Chief Justice of India to appoint other place or places as seat of the Supreme Court.

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 Constitution declares Delhi as the seat of the Supreme Court.
  • But, it also authorises the Chief Justice of India to appoint other place or places as seat of the Supreme Court.
  • He can take decision in this regard only with the approval of the President.
  • This provision is only optional and not compulsory.
  • This means that no court can give any direction either to the President or to the Chief Justice to appoint any other place as a seat of the Supreme Court.
  • Ans-c

3.  With reference to elections in India, which of the following is not correct?
(a)  No person is ineligible for inclusion in the electoral roll on grounds only of religion, race, caste and sex.
(b)  Provisions related to preparation of electoral rolls can be made both by Parliament and state legislature.
(c)  Orders issued by the Delimitation Commission can be questioned in a court of law.
(d)  Prisoners convicted of heinous crimes cannot vote in the Lok Sabha elections.
  • Articles 324 to 329 in Part XV of the constituiton make the following provisions with regard to electoral system in our country:
  • No person is to be ineligible for inclusion in the electoral roll on grounds only of religion, race, caste, sex or any of them.
  • The Constitution has accorded equality to every citizen in the matter of electoral franchise.
  • Provisions related to preparation of electoral rolls can be made both by Parliament and state legislature.
  • Orders issued by the Delimitation Commission cannot be questioned in a court of law. Hence, statement (c) is not correct.
  • Prisoners convicted of heinous crimes cannot vote in the Lok Sabha elections.
  • Ans- C

4.  The President consults the Chief Justice of India in the case of appointment of judges of

  1. Supreme Court
  2. High Court
  3. Subordinate Courts

Select the correct answer using the code given below.
(a) 1 and 2 only
(b) 1 only
(c) 1 and 3 only
(d) 2 and 3 only

  • Option 1 is correct: The judges of the Supreme Court are appointed by the President.
  • The Chief justice is appointed by the President after consultation with such judges of the Supreme Court and high courts as he deems necessary.
  • The other judges are appointed by President after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary.
  • The consultation with the Chief Justice is obligatory in the case of appointment of a judge other than Chief justice.
  • Option 2 is correct. The judges of a High Court are appointed by the President.
  • The chief justice is appointed by the President after consultation with the chief justice of India and the governor of the state concerned.
  • For appointment of other judges, the chief justice of the concerned high court is also consulted.
  • In the Second Judges case (1993), the Supreme Court ruled that no appointment of a judge of the high court can be made, unless it is in conformity with the opinion of the chief justice of India.
  • In the Third Judges case (1998), the Supreme Court opined that in case of the appointment of high court judges, the chief justice of India should consult a collegium of two senior-most judges of the Supreme Court. Thus, the sole opinion of the chief justice of India alone does not constitute the ‘consultation’ process.
  • Option 3 is not correct. Appointment of persons (other than district judges) to the judicial service of a state are made by the governor of the state after consultation with the State Public Service Commission and the high court.
  • Ans-A

5.  Which among the following tools has/have the effect of reducing Parliamentary control over the executive in India?
1. Guillotine
2. Delegated Legislation
3. Adjournment motion
Select the correct answer using the code given below.
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
  • There has been decline in parliamentary control over the executive in India due to many reasons like absence of quorum, boycott of sessions by members of opposition which deprive the house the power to control the executive through discussion.
  • Guillotine is a closure motion where the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time (as the time allotted for the discussion is over). The increased recourse to ‘guillotine’ has reduced the scope of financial control.
  • Delegated legislation is law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of that primary legislation. The growth of ‘delegated legislation’ has reduced the role of Parliament in making detailed laws and has increased the powers of the bureaucracy, thereby reducing Parliamentary control over the executive.
  • The Constitution of India established a parliamentary form of government in which the Executive is responsible to the Parliament for its policies and acts. Hence, the Parliament exercises control over the Executive through Question hour, Zero Hour, Calling attention motion and adjournment motion etc. Hence, option 3 is not correct.
  • Ans-B

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