UPSC 2022 Polity Questions with Answers

Explanation

The Government of India Act 1919 introduced the system of ‘dyarchy’ in provincial governance. It divided subjects into two categories: reserved and transferred. Reserved subjects like law and order, land revenue, administration of justice, finance, and police were controlled by the governor and his executive council of bureaucrats. Transferred subjects like education, health, and local self-government were managed by ministers elected from the legislative council. This was aimed at increasing Indian representation in the government, though real power remained with the British. The Act came into effect in 1921.

Explanation

Option (a) is correct: The Fifth Schedule of the Constitution of India provides for the administration and control of scheduled areas and tribes in India. It aims to protect the interests of tribal communities and prevent the exploitation of tribal lands and resources. One of the key provisions under the Fifth Schedule is that it restricts the transfer of land from tribal people to non-tribal people in tribal areas, thus safeguarding their land rights and ensuring their protection against land alienation.

Option (b) is incorrect: This would create a local self-governing body in that area that is not specifically tied to the Fifth Schedule, as local self-governance is addressed in other parts of the Constitution, like the Panchayati Raj system.

Option (c) is incorrect: This would convert that area into the Union Territory is incorrect. The Fifth Schedule does not convert any area into a Union Territory; it applies to scheduled areas within existing states.

Option (d) is incorrect: The State having such areas would be declared a Special Category State is incorrect. The Fifth Schedule does not declare a state as a special category state. According to Article 244(1), the President defines Scheduled Areas, and the Governor, after consulting the Tribal Advisory Council (TAC), can make regulations for their governance. These regulations may include restrictions on land transfers to non-tribals, the allocation of land to Scheduled Tribes, and the regulation of money-lending activities involving tribal communities.

Explanation

Statement 1 is correct: The word Mandamus means "we command". It directs activity and commands issued by the court to public officials asking him to perform. It is issued against any public body, corporation, inferior court, tribunal or government for the same purpose. Mandamus cannot be issued against a private individual or body.

Statement 2 is incorrect: In specific situations, Mandamus can be used against a government corporation and/or company and if a private entity till it is entrusted with a public duty. Supreme Court in Pradeep Kumar Biwas vs Indian Institute of Chemical Biology 2002 has deliberated upon this in detail.

Statement 3 is correct: The meaning of the word Quo Warranto is "By what authority or warrant". Quo Warranto is issued by the court to inquire into the legality of the claim of a person to a public office. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person. Note: UPSC has given Option (d) as the official answer.

Explanation

Article 368, Part XX outlines the procedure for amending the Constitution, ensuring a balance between flexibility and stability.

Statement 1 is incorrect: Prior permission of the President is not required to introduce the bill for amending the Constitution in India. It is required in case of a money bill.

Statement 2 is correct: The 24th Constitutional Amendment made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.

Statement 3 is correct: Article 368 of the Indian constitution requires that the constitution of India can be amended by both houses of parliament by a 2/3 majority(special majority). In case of disagreement between both houses, there is no provision to summon a joint session of parliament. Procedure for the Constitution Amendment (Article 368):

Borrowed from Constitution of South Africa Introduction of bills Amendment bill can be introduced only in either house of Parliament Who can introduce? Either by a minister or private member. President’s role in introduction of bill Prior permission of the President is not required to introduce the bill. Type of Majority needed Special Majority: Majority of the total membership of that house (50%) + by a majority of not less than 2/3 of the members of that house present and voting (2/3 of Present and Voting). Bill in houses Both the houses need to pass the bill with special majority Joint seating (Art. 108) There is no provision for a joint sitting in case of disagreement between the two Houses. Amending federal provisions Special majority + ratification by the legislatures of half of the states by a simple majority. Role of President in assenting the bill 24th constitutional amendment: It also amended Article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him. Role of state legislature in introducing bill State legislature cannot introduce such a bill.

Explanation

Statement 1 is correct: The election date of the Deputy Speaker of Lok Sabha is not fixed in the Constitution. However, according to Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha, The Speaker decides the date of election of the Deputy Speaker. The election usually happens after the Speaker’s election, but there is no constitutional or statutory time limit for it.

Statement 2 is incorrect: There is no such mandatory provision that the election of a candidate, as Deputy Speaker of Lok Sabha, shall be from either the principal opposition party or the ruling party. It is only by convention that the position of Deputy Speaker is offered to the opposition party in India.

Statement 3 is correct: In case of the absence of the Speaker, the Deputy Speaker presides over the sessions of the Lok Sabha and conducts the business in the house, during such time he/she enjoys the same power as the Speaker when presiding over the sitting of the House.

Statement 4 is incorrect: The appointment of the Deputy Speaker of the Lok Sabha is not initiated by the Speaker. Instead, a member of the Lok Sabha moves the motion for the election, which is then put to vote in the House. While the ruling party historically held this position, in recent decades, a convention has developed of electing a member from the opposition. There is no rule or convention requiring the Prime Minister to second the motion, and any member of the House may do so.

Explanation

Statement 1 is incorrect: The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. If approved by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months.

Statement 2 is correct: A No-Confidence Motion can only be initiated and passed in the Lok Sabha (House of the People). The Rajya Sabha (Upper House) cannot move or pass a No-Confidence Motion against the government.

Statement 3 is incorrect: As per Article 61, when a President is to be impeached for violation of the Constitution, the charges can be initiated by either House of Parliament. The impeachment resolution needs to be passed by not less than a majority of two-thirds of the total membership in each house.

Explanation

Statement 1 is incorrect: The constitution mentions the word ‘council of ministers’, however it doesn’t classify ministers into 4 categories. Generally, the Prime Minister and other Ministers are collectively known as the Council of Ministers.

Statement 2 is correct: As per 91st Constitutional Amendment Act, the total number of Central Council of Ministers/State Council of Ministers including Prime Minister/ Chief Minister should not be more than 15% of total strength of Lok Sabha. It aimed at curbing the growing size of Cabinets at both the Union and State levels, which had often led to inefficient governance, excessive expenditure, and political instability. The goal was to promote good governance, encourage coalition politics, and reduce the influence of "buying loyalty" by offering ministerial positions.

Explanation

Statement 1 is correct: Pursuant to the recommendations made by the H N Sanyal Committee, the Contempt of Courts Act, 1971 was passed to bring transparency and more clarity in the concept of contempt of court.

Statement 2 is correct: The Supreme Court and the High Courts of India have been empowered with the power to penalise for Contempt of Court under Articles 129 and 215 respectively of the Constitution of India.

Statement 3 is incorrect: The Constitution of India does not define Civil Contempt and/or Criminal Contempt. However, the expression has been defined by the Contempt of Court Act of 1971.

Statement 4 is correct: Article 142 (2) of the Indian Constitution empowers the Supreme Court to make any order necessary for securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself, subject to the provisions of any law made in this behalf by Parliament. The Parliament passed the Contempt of Court Act of 1971 pursuant to this.

Explanation

Statement 1 is incorrect: The term "advocate" under the Advocates Act, 1961 refers to a person who has been enrolled as an advocate in the state Bar Council and is authorized to practice law in courts. Corporate lawyers and patent attorneys, however, are not excluded from recognition as advocates. Corporate lawyers often practice in corporate law firms, while patent attorneys handle intellectual property law.

Statement 2 is correct: The Bar Council of India is responsible for overseeing legal education, setting standards for law colleges, and recognizing institutions that offer law degrees. This power extends to setting norms and conditions for legal education to meet the standards required to practice law in India.

Explanation

Statement 1 is incorrect: A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. This means that he may join any political party within six months of taking his seat in the House.

Statement 2 is correct: The law does not specify any time period for the Presiding Officer to decide on a disqualification plea under the Tenth Schedule.