UPSC 2003 Polity Questions with Answers

Explanation

The Indian Constitution is a unique blend of influences from various countries, incorporating their best practices into its framework. Directive Principles of State Policy were inspired by Ireland. The Irish Constitution provided the model for including socio-economic rights in the form of guiding principles for state policy. Fundamental Rights were borrowed from the United States of America. The American Bill of Rights served as the inspiration for ensuring basic human rights in India. The Concurrent List in Union-State Relations was influenced by Australia, reflecting their federal structure. The concept of India as a Union of States with greater powers to the Union was derived from Canada, which has a strong federal system with residual powers vested in the central government. List-I (Items in the Indian Constitution) List-II (Country from which it was derived Parliamentary System of Government United Kingdom President as Supreme Commander of Armed Forces United States of America Procedure for Amendment of the Constitution South Africa Emergency Provisions (National Emergency) Germany (Weimar Constitution)

Explanation

Option (a) is incorrect: The 6th Amendment relates to change in the Union List and State List with respect to raising of taxes while the 22nd Amendment allows the formation of autonomous states within Assam.

Option (b) is incorrect: The 13th Amendment provided special protection under Article 371A for the newly created State of Nagaland and the 38th Amendment empowers the President with authority to declare certain ordinances beyond judicial review.

Option (c) is correct: The 7th Amendment provided for the reorganization of states, which included adjustments to parliamentary representation. The 31st Amendment increased the number of Lok Sabha seats from 525 to 545, directly addressing the representation from states.

Option (d) is incorrect: The 11th Amendment concerns the election of the Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament while the 42nd Amendment is known as the "Mini-Constitution" and introduced comprehensive changes to various aspects of the Constitution, including the Preamble and Directive Principles.

Explanation

Article 355 states that "It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution."

Explanation

Option (a) is incorrect: Article 121 prohibits parliamentary discussions on judges’ conduct except during removal motions.

Option (b) is incorrect: Article 122 prohibits courts from questioning parliamentary procedures and conduct of business within Parliament.

Option (c) is correct: Article 123 allows the President to issue ordinances when Parliament is not in session, giving them the same effect as laws. These ordinances are issued based on the Council of Ministers’ advice, as outlined in Article 74.

Option (d) is incorrect: Article 124 outlines the establishment, appointment, and tenure of Supreme Court judges.

Explanation

Article 143 allows the President to seek the Supreme Court’s advice on legal questions or public matters. The President can also refer disputes from treaties or agreements for the Court’s opinion.

Option (b) is correct: The President sought the Supreme Court’s opinion under Article 143 on deferring Gujarat Assembly Elections.

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

Article 142 empowers the Supreme Court to pass any order necessary for doing complete justice in any case. Article 144 mandates that all authorities in India assist in implementing Supreme Court orders and decrees. Article 145 allows the Supreme Court to frame rules for regulating its practices and procedures.

Explanation

Statement 1 is incorrect: The formula: The value of the vote of an elected Member of Legislative Assembly equals = [{State Population / (Number of Elected MLAs of the state} X 1000]. Thus the equation should have 1000 at the place of multiplication not 100.

Statement 2 is correct: The statement is slightly incorrect because the value of vote of an elected member of the Parliament equals the total value of the votes of all elected MLAs divided by total number of elected MPs.

Statement 3 is incorrect: For the 2003 question the latest Presidential election was held in 2002 which had 4896 electors.

Explanation

According to Article 138(1) of the Constitution of India, Parliament has the power to confer additional jurisdiction on the Supreme Court in matters included in the Union List. This means that if the Parliament deems it necessary, it can pass a law to grant the Supreme Court the authority to hear and decide on specific matters that fall within the jurisdiction of the union list. Also under article 138(2) the Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may confer by special agreement.

Explanation

Statement (a) is incorrect: Under article 80(1) (a), The President nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service. Before 2020 2 members were nominated from the Anglo-Indian community in Lok Sabha by the President. Statement (b) is incorrect: Before 2020, the President under article 331 nominated two members from the Anglo-Indian community to the Lok Sabha (and not Rajya Sabha) if the community was not adequately represented. This provision was abolished by the 104th Constitutional Amendment Act, 2019, which came into effect in January 2020. Statement (c) is correct: A nominated member of either Rajya Sabha or Lok Sabha has mostly the same rights and privileges as an elected member, including the right to be appointed as a Union minister. However, nominated members cannot vote in Presidential elections. Statement (d) is incorrect: Under article 55, only elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of States and Union Territories participate in the Presidential election.Therefore nominated members cannot vote in the Presidential election. However, both elected and nominated members can vote in Vice Presidential elections.

Explanation

Joint sitting is an extraordinary machinery provided by the constitution to resolve a deadlock between the two houses over the passage of a bill.

Statement 1 is correct: Article 108 of the Indian Constitution provides for a joint sitting of both Houses of Parliament if after a bill is passed by one House and transmitted to the other House - The other House rejects this bill, or The Houses do not agree on the amendments made to the bill, or More than six months elapse with the bill being received by the other House without it being passed.

Statement 2 is correct: The First Joint sitting was held in May, 1961 in which Dowry Prohibition Bill 1960 was passed

Statement 3 is correct: The second joint sitting of the two Houses of the Indian Parliament was held to pass the Banking Service Commission (Repeal) Bill. The Bill had been passed by the Lok Sabha but was rejected by the Rajya Sabha. As a result, a joint sitting was convened to resolve the deadlock, and the Bill was passed.

Explanation

According to Article 368 of the Indian Constitution, an amendment to the Constitution can be initiated only by introducing a Bill in either House of Parliament. The Bill must be passed in each House by a majority of the total membership of that House and by a two-thirds majority of the members present and voting (Special Majority). Once both Houses pass the Bill, it is presented to the President, who must give assent. Upon the President’s assent, the Constitution stands amended in accordance with the terms of the Bill.