UPSC 2012 Polity Questions with Answers

Explanation

The distribution of powers between the Centre and the States in the Indian Constitution is primarily based on the Government of India Act, 1935. This Act introduced a three-list system (Federal, Provincial, and Concurrent Lists), which was later adopted in the Indian Constitution with some modifications as the Union List, State List, and Concurrent List under the Seventh Schedule(under Article 246).

Explanation

The Directive Principles of State Policy (DPSP) are mentioned under Articles 36 to 51 of the Indian Constitution. Directive Principles of State Policy are classified into Socialist, Gandhian and Liberal-Intellectual.

Article 40 of the Constitution deals with Organising Village Panchayats and endows them with necessary powers and authority to enable them to function as units of self-government. The idea of Promoting Cottage Industries on an individual or co-operation basis in rural areas is based on Gandhian Principles and is mentioned under Article 43.

Explanation

Option (1) is correct: Directive Principle of State lays down the provisions of education under:

Article 45: Provides for early childhood care and education. Article 46: Promotes educational and economic interests of weaker sections (SCs, STs, and other disadvantaged groups).

Option (2) is correct: Rural and Urban Local Bodies The Schedule 11 added by the 73rd Constitutional Amendment Act of 1992, specifies the powers, responsibilities and authority of Panchayat and under Article 243-G the Panchayati Raj Institutions have allowed 29 subjects to work in their local areas and Education is one of them. The Schedule 12 added by the 74th Constitutional Amendment Act of 1992, specifies the powers, responsibilities and authority of Municipalities and under the Article 243-W the Constitution provides for 18 subjects to the Municipalities including education. Options (3) and (4) are correct:

Fifth Schedule: Governs Scheduled Areas and Tribes, ensuring educational development for tribal communities through special provisions. Sixth Schedule: Grants Autonomous District Councils (ADCs) in the Northeast the power to make laws on primary and secondary education.

Option (5) is correct: The 42nd Amendment Act, 1976 shifted the education from State list to Concurrent list in Seventh Schedule. Now, Education is in the Concurrent List (Entry 25), meaning both the Centre and States can legislate on it.

Explanation

Article 51A of part IV-A of the Indian Constitution deals with the Fundamental Duties. These duties are the moral and civic obligations that all citizens of a nation have. In 1976, the Fundamental Duties were first recommended by the Swaran Singh Committee by 42nd Constitutional Amendment Act, 1976. One more Fundamental Duty was added by 86th Constitutional Amendment Act, 2002. List of Fundamental Duties are - To abide by the Constitution and respect National Flag and National Anthem (Not national song) To follow the noble ideals that inspired the struggle for freedom. To protect the sovereignty, unity and integrity of India. To render national service when called upon to do so. To promote the common spirit of brotherhood amongst all Indians and to renounce practices derogatory to the dignity of women. To preserve the rich heritage of the country’s culture. To protect the national environment including forests, lakes, wildlife, etc. To develop scientific temper, humanism and spirit of reform and inquiry. To safeguard public property and to abjure violence. To strive towards excellence in all spheres of individuals. To provide opportunity for education to his child between the age 6 and 14 years Thus, Protecting the weaker sections from social injustice is more relevant to Directive Principle of State Policy (DPSP), not Fundamental Duties.

Explanation

India follows a Parliamentary type of Government in which the President is the constitutional head of the state. He is the Executive head of India and all the executive powers of the Union shall be vested in him. The President lays Reports and Statements before the parliament of the following bodies:

Reports of the Comptroller and Auditor General Annual report of UPSC Reports of Finance Commission. Reports of Special officers of SC & ST Report of the National Commission for Scheduled Castes and Scheduled Tribes Report of the National Commission of Backward Classes.

Explanation

As per the Article 75(1) of the Indian Constitution, the Prime Minister is appointed by the President, who also appoints other ministers on the advice of the Prime Minister. A person who is not a member of the Parliament/State legislature can be appointed as PM/CM for six months, within which time, he should be elected to the Parliament/State legislature as per Supreme Court judgments.

Explanation

Adjournment Motion is one of the devices of Parliamentary proceedings. The purpose of an Adjournment Motion is to raise an issue of urgent public importance that requires immediate discussion in the Parliament. It is typically used to bring up issues related to national or regional significance, like natural disasters, economic crises, or controversial government actions. The motion requires the approval of the Speaker or Chairman, and if allowed, the matter is debated in the House. It needs the support of 50 members to be admitted.

Explanation

Statement 1 is incorrect: As per Article 80 of the Constitution, the Rajya Sabha consists of members nominated members (not more than 12) and representatives of States (indirectly elected by legislative councils of states) and Union Territories (to be chosen in such manner as parliament may prescribe by law). U.T of NCT of Delhi and Puducherry have representation in Rajya sabha who are chosen through indirect election by their respective legislative assemblies.

Statement 2 is incorrect: The Chief Election Commissioner (CEC) does not have the authority to adjudicate election disputes. While the ECI supervises elections, disputes are handled by Election Tribunals or High Courts. The Supreme Court and High Courts have the power to adjudicate such matters. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court. Disputes relating to the election of members of Parliament and state legislatures lie within the original jurisdiction of High Courts.

Statement 3 is incorrect: According to Article 79 of the Constitution of India, the Parliament consists of the Lok Sabha, the Rajya Sabha and the President of India.

Explanation

Statement 1 is incorrect: The Speaker is the presiding officer of the Lok Sabha. Article 93 to 97 of the Constitution of India deals with the provisions of the Presiding officer of the Lok Sabha. Usually, the Speaker remains in office during the life of the Lok Sabha. There is no role of the President in removing the Speaker. Hence, The Speaker of the Lok Sabha does not hold office during the pleasure of the President. It should be noted here that, whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.

Statement 2 is incorrect: According to Article 93 of the Constitution, the Speaker must be a member of the Lok Sabha at the time of their election. The condition to become a member within six months applies to ministers under Article 75(5), not to the Speaker.

Statement 3 is correct: The Speaker of the Lok Sabha has to vacate his office earlier in any of the following three cases:

If he ceases to be a member of the Lok Sabha; If he resigns by writing to the Deputy Speaker; and If he is removed by a resolution passed by a majority of all, then members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice.

Explanation

The Rajya Sabha has been given four exclusive or special powers that are not enjoyed by the Lok Sabha:

It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249). It can authorise the Parliament to create new All-India Services common to both the Centre and states (Article 312). Resolution for the removal of the vice-president can be introduced only in the Rajya Sabha not in the Lok Sabha (Article 67). A proclamation for declaring a national emergency, President’s rule, or a financial emergency (under Articles 352, 356, and 360) can remain in effect even if it is approved only by the Rajya Sabha in case the Lok Sabha is dissolved before or during the emergency period.