Polity: UPSC Previous Year Questions (Prelims)

Explanation

The concept of ‘Rule of Law’ was propounded by A.V.

Dicey. It is a cornerstone of democratic governance, ensuring that everyone, including government officials, is governed by law.

Statement 1, 2 and 4 are correct: The concept of ‘equality before law’ as enshrined in Article 14 of constitution is aligned with "Rule of Law" whose key features include:

Limitation of Powers: Government authority must be constrained by law to prevent misuse of power. Equality Before the Law: All individuals, irrespective of status, are equal before the law. Liberty and Civil Rights: The Rule of Law protects individual freedoms and rights, ensuring the state cannot infringe on them arbitrarily.

Statement 3 is incorrect: The government is responsible/ accountable to the people. While citizens have duties and responsibilities, the Rule of Law primarily focuses on how power is exercised by the government and how citizens are protected under the law.

Explanation

Article 21 of the Indian Constitution deals with the protection of life and personal liberty. The Right to Privacy is a fundamental right under Article 21 of the Indian Constitution, ensuring individuals’ autonomy and protection against unwarranted state interference. It was affirmed as a constitutional right by the Supreme Court in the landmark 2017 Puttaswamy judgment.The right may be restricted only by state action that passes each of the three tests:

Such state action must have a legislative mandate; It must be pursuing a legitimate state purpose; and It must be proportionate.

Explanation

Option (a) is incorrect: The State Assembly is not automatically dissolved. It can either be dissolved or placed under suspension by the President.

Option (b) is correct: The proclamation of the President’s Rule is also known as ‘State Emergency’ or ‘Constitutional Emergency’. When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister and parliament passes the state bills and budgets.

Option (c) is incorrect: Article 19 is not automatically suspended in a state under President’s Rule. Suspension of Article 19 can only occur during a national emergency (Article 352).

Option (d) is incorrect: The President cannot make laws for the state. Law-making power during the President’s Rule is vested in the Parliament or those authorized by it.

Explanation

The President of India is elected indirectly by the Electoral College and it is conducted in accordance with the system of proportional representation by means of single transferable vote.

Statement 1 is correct: The President of India is elected by an electoral college consisting of:

1. Elected members of the two Houses of Parliament and Legislative Assemblies of the States

2. States includes national capital territory of Delhi and the Union territory of Pondicherry The value of votes of MLAs would differ from State to State as it is based on population criterion and population of each state has a different value.

Statement 2 is incorrect: The value of vote of each MP is the same whether it is Lok Sabha or Rajya Sabha. There shall be uniformity in the scale of representation of the different states at the election of the President as follows:

Value of vote of an MLA of a state:

(Population of state / Total number of elected members of state legislative assembly) * 100 Value of vote of an MP: (Total value of votes of MLA’s of all states/ Total number of elected members parliament) * 100

Explanation

Statement 1 is incorrect: The Communist Party of India (CPI) was the single largest opposition party in the First General Election. CPI won in 16 seats. The Indian National Congress (INC) won a landslide victory, winning 364 of the 489 seats and nearly 45% of the total votes polled.

Statement 2 is correct: In 1969, an official leader of the opposition was recognized for the first time. However, it was given statutory recognition in 1977. They are also entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister.

Statement 3 is incorrect: In order to receive the status of opposition party and Consequent Leader of Opposition in Loksabha tag a party should secure 10% of the total strength of the House i.e. 55 seats in the Lok Sabha.

Explanation

Committee on Subordinate Legislation scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the Constitution or delegated by Parliament are being properly exercised by the executive within the scope of such delegation. It ensures that the Executive properly exercises powers to make regulations, rules, and by-laws within the scope of delegation from Parliament. It scrutinizes subordinate legislation to ensure it aligns with the intent of the parent legislation and does not exceed the authority granted.

Option (a), (c) and (d) are incorrect:

The Committee on Government Assurances examines the assurances, promises, and undertakings given by ministers in the Parliament and reports on their implementation. The committee in the Lok Sabha comprises 15 members, while in the Rajya Sabha, it consists of 10 members. It was constituted in 1953. Rules Committee assists in the framing and amendment of the rules of procedure for the conduct of business in Parliament. The Lok Sabha committee comprises 15 members, with the Speaker serving as the ex-officio chairman. In the Rajya Sabha, the committee consists of 16 members, including the Chairman as the ex-officio chairman. The Business Advisory Committee allocates time for the consideration of bills and other business in the Parliament and decides the schedule for parliamentary sessions. The Lok Sabha committee comprises 15 members, with the Speaker serving as the chairman. In the Rajya Sabha, it consists of 11 members, with the Chairman acting as the ex-officio chairman.

Explanation

Article 110 of the Constitution states that a bill is deemed to be a money bill if it contains ‘only’ provisions dealing with all or any of the following matters:

The imposition, abolition, remission, alteration or regulation of any tax; The regulation of the borrowing of money by the Union government; The custody of the Consolidated Fund of India or the Contingency Fund of India, the payment of moneys into or the withdrawal of money from any such fund; The appropriation of money out of the Consolidated Fund of India; Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure; The receipt of money on account of the Consolidated Fund of India or the public account of India, or the custody or issue of such money, or the audit of the accounts of the Union or of a state; Any matter incidental to any of the matters specified above.

Explanation

Statement 1 is correct: The Speaker of the Legislative Assembly vacates his office in three cases:

1. If he ceases to be a member of the assembly;

2. Speaker Resigns by writing to the deputy speaker and vice versa and

3. Removed by the resolution passed by a majority of all the members of the assembly.

Statement 2 is incorrect: Article 179 provided that, whenever the Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

Explanation

Statement 1 is correct: As per Article 361, which deals with the ‘Protection of President and Governors’, states that ‘no criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office’. However, after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.

Statement 2 is correct: As per Article 158, which deals with the ‘Conditions of Governor Office’, states that ‘the emoluments and allowances of the Governor shall not be diminished during his term of office’.

Explanation

Statement 1 is correct: The Food Safety and Standards Act, 2006, replaced the Prevention of Food Adulteration Act, 1954, and several other food-related laws to bring uniformity in food safety regulations. It aimed to establish a single authority (FSSAI) for regulating food safety and standards in India.

Statement 2 is incorrect: FSSAI is an autonomous body under the Ministry of Health and Family Welfare, but it is not under the charge of the Director General of Health Services. Instead, it functions independently with its own Chairperson and Chief Executive Officer appointed by the Central Government.