Prelims-IAS –POLITY MCQ Ans-28

1.. Consider the following statements with regard to Chief Vigilance Commission (CVC):

  1. It is a body consisting of a Central Vigilance Commissioner and not more than 2 Vigilance Commissioners.
  2. The members hold office for a term of 4 years.
  3. The members are appointed by the Prime Minister.

Which of the statements given above is/are correct?

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

(d)  1, 2 and 3

  • The CVC is a multi-member body consisting of a Central Vigilance Commissioner (chairperson) and not more than two vigilance commissioners.
  • They are appointed by the President by warrant under his hand and seal on the recommendation of a three-member committee consisting of the prime minister as its head, the Union minister of home affairs and the Leader of the Opposition in the Lok Sabha.
  • They hold office for a term of four years or until they attain the age of sixty five years, whichever is earlier.
  •  After their tenure, they are not eligible for further employment under the Central or a state government.
  • Ans- A

2.. Which of the following provisions of the Constitution can be amended without requiring the ratification from state legislatures?

  1. Directive Principles of State Policy
  2. Manner of election of the President
  3. Provision relating to Supreme Court and High Courts.

Select the correct answer using the code given below.

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

(d)  1, 2 and 3

  • Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.
  • The following provisions can be amended in this way:

  Election of the President and its manner.

  Extent of the executive power of the Union and the states.

  Supreme Court and high courts.

  Distribution of legislative powers between the Union and the states.

  Any of the lists in the Seventh Schedule.

  Representation of states in Parliament.

  Power of Parliament to amend the Constitution and its procedure (Article 368 itself).Fundamental Rights and Directive Principles of State Policy can be amended by Parliament without requiring ratification of state legislatures.

  • Ans-A

3.. Which of the following is/are functions of the Election Commission of India?

  1. Conducting elections to state legislatures.
  2. Determining territorial constituencies throughout the country.
  3. Registering all eligible voters.

Select the correct answer using the code given below.

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

(d)  None

  • All the statements are correct.The Election Commission of India conducts elections to the Parliament, state legislatures (Statement 1 is correct) and offices of President and Vice-President.
  • Its powers and functions are:
    • To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament. (Statement 2 is correct)
    • To prepare and periodically revise electoral rolls and to register all eligible voters. (Statement 3 is correct)
    • To notify the dates and schedules of elections and to scrutinise nomination papers.
    • To grant recognition to political parties and allot election symbols to them.
    • To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.
    • To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
    • To advise the president on matters relating to the disqualifications of the members of Parliament.
    • To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
    • To supervise the machinery of elections throughout the country to ensure free and fair elections.
    • To advise the president whether elections can be held in a state under president‘s rule in order to extendthe period of emergency after one year.
    • To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance.
  • Ans-B

4.. Consider the following statements regarding Central Bureau of Investigation (CBI):

  1. It was established based on the recommendations of Santhanam Committee.
  2. It is a statutory body.
  3. The CBI director is not provided with security of tenure.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 only
(d) 1, 2 and 3
  • The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962 -1964).
  • The CBI is NOT a statutory body.
  • It derives its powers from the Delhi Special Police Establishment Act, 1946.
  • The CBI is the main investigating agency of the Central Government.
  • It plays an important role in the prevention of corruption and maintaining integrity in administration.
  • It also provides assistance to the Central Vigilance Commission.
  • The Director of CBI as Inspector-General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation.
  • With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences  under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission.
  • The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003.
  • Ans-C

5.. Which of the following is/are the features of the Fundamental Rights enshrined in the Indian Constitution?

  1. They can be enforced only through a law made by the Parliament.
  2. They are permanent in nature.
  3. They are available only against the actions of State.

Select the correct answer using the code given below.
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) None

The Fundamental Rights guaranteed by the Constitution are characterised by the following:

  • Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
  • They are not absolute but qualified. The state can impose reasonable restrictions on them.
  • Most of them are available against the arbitrary action of the State, with a few exceptions like those against the State‘s action and against the action of private individuals. (Statement 3 is not correct)
  • Some of them are negative in character, that is, place limitations on the authority of the State, while others are positive in nature, conferring certain privileges on the persons.
  • They are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated.
  • They are defended and guaranteed by the Supreme Court.
  • They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act. Moreover, this can be done without affecting the basic structure‘ of the Constitution. (Statement 2 is not correct)
  • They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression (i.e., external emergency) and not on the ground of armed rebellion (i.e., internal emergency).
  • Their scope of operation is limited by Article 31-A, B and C
  • Their application to the members of armed forces, para-military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).
  • Their application can be restricted while martial law is in force in any area. Martial law means military rule imposed under abnormal circumstances to restore order (Article 34). It is different from the imposition of national emergency.
  • Most of them are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained (Article 35).
  • Ans-D

 795 total views,  3 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 !!