UPSC 2018 Polity Questions with Answers

Explanation

“If there are no laws, there is no liberty" is attributed to John Locke. Law and liberty are not opposed; rather, laws protect liberty.

Option (a) is incorrect: If there are more laws, there is less liberty: This implies that law restricts liberty, which is not always the case. Well-structured laws are meant to protect and preserve liberty by ensuring order and justice. For instance, the Right to Information (RTI) Act, 2005 empowers citizens by promoting transparency in governance, thereby strengthening democracy and individual freedom.

Option (b) is correct: Without laws, there would be chaos, and individual liberty would be at risk. Laws provide the framework that allows liberty to exist and be protected. They ensure that people can enjoy their freedoms without infringing on others’ rights. For instance, without laws regulating traffic, there would be chaos on the roads, leading to accidents and endangering lives.

Option (c) is incorrect: If there is liberty, laws have to be made by the people: While it is important for laws to reflect the will of the people, this option is not as broadly applicable. Liberty can exist even when laws are made by representatives or through other legitimate processes.

Option (d) is incorrect: If laws are changed too often, liberty is in danger: Frequent changes in law may cause instability, but it does not inherently endanger liberty. As long as changes are made transparently and for the benefit of society, liberty can be maintained.

Explanation

Statement 1 is incorrect: The National Council for Teacher Education (NCTE) lays down the minimum qualifications for teachers, not the State Councils of Teacher Education.

Statement 2 is correct: The Teacher Eligibility Test (TET) is conducted as per NCTE guidelines and is a mandatory requirement for teaching primary classes in government and private schools.

Statement 3 is incorrect: More than 90% of teacher education institutions are privately managed, and only a small percentage are directly run by State Governments.

Explanation

Statement 1 is correct: The Ninth Schedule and Article 31-B of the Indian Constitution was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. A law passed by the Parliament and inserted into the Ninth Schedule receives protection under Article 31-B (validation of certain Acts and Regulations) and is thus exempt from judicial review. However in IR Coelho vs State of Tamil Nadu, 2007, the SC ruled that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution.

Statement 2 is incorrect: The mandate of Ninth schedule is to prevent judicial scrutiny but according to the Kesavananda Bharati Case, 1973, any violation with the ‘basic structure’ of the Constitution is open to challenge in court of law. Again in IR Coelho vs State of Tamil Nadu, 2007, the SC ruled that all laws (including those in the Ninth Schedule) after 24 April 1973 would be open to Judicial Review if they violated the basic structure of the constitution.

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.