UPSC 2004 Polity Questions with Answers

Explanation

A is matched with 2: Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws within India, ensuring that no person is discriminated against unfairly by the state. B is matched with 1: Article 15 prohibits discrimination on grounds of religion, race, caste, sex, place of birth, or any of them thereby promoting social justice and inclusivity. C is matched with 4: Article 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the State. No citizen can be discriminated against or be ineligible for any employment or office under the State on grounds of only religion, race, caste, sex, descent, place of birth or residence. D is matched with 3: Article 17 abolishes untouchability, a social evil, and forbids its practice in any form, aiming to uplift marginalized communities and promote social harmony. Together, these provisions protect individual dignity and promote equal treatment in all spheres.

Explanation

Article 24 prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous employment. This is part of the Fundamental Rights under the Right against Exploitation. Options(b), (c) and (d) are incorrect:

Article 45 pertains to the Directive Principle of State Policy, focusing on providing free and compulsory education for children below 14 years. Article 330 relates to the reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People (Lok sabha). Article 368 deals with the amendment provisions in the Indian Constitution.

Explanation

/ (c) Statement (a) is incorrect: Appropriation Bill is a money Bill and according to Article 109 of the Indian Constitution, the Rajya Sabha has only a recommendatory role in the case of a Money Bill. Statement (b) is correct: According to Article 266 of the Indian Constitution, funds can only be withdrawn from the Consolidated Fund of India through appropriations made by the Appropriation Act. Statement (c) is incorrect: While a Finance Bill is necessary for proposing new taxes and is typically used to modify existing tax rates, legislative approval or authorization (via Acts or notifications) is always required for changing tax rates. It is not always accurate to claim that no additional Bill/Act is required for such changes. Statement (d) is correct: Under Article 117 of the Indian Constitution, the President’s recommendation is mandatory for the introduction of a Money Bill which can be introduced only in Lok Sabha. Note: Here, both the statements (a) and (c) seem partially/ completely incorrect.

Explanation

According to Article 67(b) of the Constitution, Vice-President can be removed from office through a resolution passed by a majority of all current members of the Council of States(Rajya sabha), which must also be approved by the House of the People. However, no such resolution can be introduced unless at least fourteen days’ notice is given before moving the resolution. This process ensures sufficient time for discussion and consideration before any action is taken. Hence the most appropriate answer is Rajya Sabha.

Explanation

Statement 1 is correct: Adjournment sine die means the suspension of a sitting without specifying a date for the next meeting by the Speaker. It typically happens at the end of a session. Prorogation is the formal ending of a session by the President. After prorogation, the House can only be summoned again by the President.

Statement 2 is correct: According to article 83(2) of the Constitution of India, the term of the Lok Sabha is five years from the date of its first meeting, unless it is dissolved earlier. At the end of the five-year period it is automatically dissolved by efflux of time, even if no formal order of dissolution is issued by the President.

Statement 3 is correct: The Speaker of Lok Sabha continues to hold office even after the dissolution of the House. The Speaker remains in office until immediately before the first meeting of the newly constituted Lok Sabha.

Explanation

Article 75 of the constitution says that the Council of Ministers shall be collectively responsible to the Lok Sabha. Lok Sabha can remove the ministry from office by passing a no-confidence motion.

Option (a) is correct: There is no need to set out the grounds on which it is based. No confidence motion is introduced only in the Lok Sabha(Rajya Sabha not empowered entertain introduce this motion) and requires the support of at least 50 members to be admitted. The procedure is governed by Rule 198 of the Rules of Procedure and Conduct of Business in Lok Sabha. If 50 or more members support the motion, the Speaker schedules a date for debate and voting. If the motion is passed by a simple majority vote, it implies that the government has lost the confidence of the House and must resign.

Explanation

Statement 1 is incorrect: The receipts under Public accounts mainly consist of the receipts of National Savings Certificate, Provident funds and other deposits where the Govt. acts as a banker and returns the fund after completion of the contract. This account is operated by executive action. Therefore, the disbursement out of this account does not need authorization of the Parliament.

Statement 2 is correct: The Indian Constitution provides for the establishment of a Consolidated Fund and a Public Account of India and of the states under Article 266 and a Contingency Fund of India and for each State under Article 267.

Statement 3 is correct: The Railway Budget was presented separately from the General Budget till 2017. In the year when the question was asked The Railway Budget was presented separately and Appropriations and disbursements under the Railway Budget were subject to the same form of parliamentary control as other appropriations and disbursements.

Explanation

The National Human Rights Commission of India (NHRC), established on October 12, 1993, under the Protection of Human Rights Act 1993, promotes and protects human rights in India. It investigates complaints, recommends actions, reviews policies, and advises the government.

Option (c) is correct: Originally, the Protection of Human Rights Act 1993 allowed only a retired Chief Justice of India to be appointed as NHRC Chairperson. In 2019, this was amended to include retired Supreme Court judges as eligible candidates.

Explanation

The District and Sessions Court is one of the highest courts in a district, and it plays a crucial role in the judicial system of India.

Statement 1 is correct: The highest criminal court at the district level is indeed the Court of the District and Sessions Judge. This court deals with serious criminal cases, including those that may involve the death penalty.

Statement 2 is correct: District Judges are appointed by the Governor of the state, but the appointment is made in consultation with the High Court, ensuring that the process follows legal norms and includes judicial oversight.

Statement 3 is correct: To be eligible for the appointment of District Judge, a person must be either an advocate or pleader with at least seven years of standing or an officer in the judicial service of the Union or State. This ensures that the person has the required legal experience and qualifications.

Statement 4 is correct: When a Sessions Judge awards the death penalty, it must be confirmed by the High Court. This is a safeguard to ensure that the most severe punishment is not handed down without adequate review by a higher court. Thus, all four statements are correct.

Explanation

Article 257 states that the executive power of every State must be exercised in a manner that does not impede or prejudice the exercise of the executive power of the Union. This provision ensures the supremacy of Union executive power in matters where coordination or cooperation is required between Union and State governments.