Answer Key & Exp for GS Prelim Test-8 Held on 20 Th Jan' 2019
Total Page:16
File Type:pdf, Size:1020Kb
Answer Key & Exp for GS Prelim Test-8 held on 20th Jan’ 2019 1. Consider the following statements: (1) The Fundamental Duties enshrined in the Indian Constitution are applicable to the citizens of India as well as foreigners. (2) The Parliament of India can enforce the Fundamental Duties through suitable legislation. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (b) Explanation: The Fundamental Duties (Chapter IV-A, Article 51-A) are intended to serve as a constant reminder to every Indian citizen that while the Constitution specifically conferred on them certain Fundamental Rights, it also requires citizens of India to observe certain basic norms of democratic conduct and democratic behaviour because rights and duties are co-relative. Statement 1 is not correct: The Fundamental Duties are confined to the citizens of India only and do not extend to the foreigners unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners. Statement 2 is correct: The Fundamental Duties are also non-justiciable like the Directive Principles of State Policy. The Constitution does not provide for their direct enforcement by the courts. Moreover, there is no legal sanction against their violation. However, the Parliament of India is free to enforce them by suitable legislation. Sources: Vajiram & Ravi Institute Yellow Book; Part 1, Ch.10: Fundamental Duties, Pg.100-102 Indian Polity by M Laxmikanth- Chapter 9: Fundamental Duties, page no. 9.2 2. The Comptroller and Auditor General of India (CAG) is a constitutional body mandated to keep a watch on the system of governance in the country, to ensure the best use of taxpayers’ money. In this context, consider the following statements: (1) The salary and conditions of service of the CAG are mentioned in the Indian Constitution. (2) The CAG can be removed by the President on the same ground as that of a Supreme Court judge. (3) The CAG can be appointed as a Vice-Chancellor of the State Universities after retirement. Which of the statements given above is/are correct? (a) 3 only (b) 1 and 3 only (c) 2 and 3 only Prelim IAS Test Series (2019) – GS Test 8 (20.01.2019) 1 Polity 2 and Current Affairs (November 2018) (d) None of the above Answer: (d) Explanation: Statement 1 is incorrect: The salary and conditions of service of the CAG is laid down by Indian Parliament by law and these are not liable to variation to his disadvantage during his term in office. The Parliament has enacted the Comptroller and Auditor- General's (Conditions of Service) Act, 1971. Statement 2 is correct: The CAG is appointed by the President and holds office for 6 years or till the age of 65 whichever is earlier. He can be removed by the President of India on same grounds and manner as a Supreme Court Judge. He can also resign by writing to the President. Statement 3 is incorrect: After retirement, the CAG is not eligible for any office under the Government of India or a State Government. Hence, the CAG cannot be appointed as a Vice-Chancellor of the State Universities. Sources: Indian Polity by M. Laxmikanth- Ch-49, CAG Page number 49.1, 49.2, 49.3 3. Consider the following statements regarding composition and functions of the Finance Commission of India: (1) It is a quasi-judicial body. (2) It consists of a Chairman and four other members to be appointed by the Prime Minister. (3) Its members are eligible for reappointment. (4) The Constitution has specified the qualifications of its Chairman and members. Which of the statements given above is/are correct? (a) 1 only (b) 1 and 2 only (c) 1 and 3 only (d) 1, 2, 3 and 4 Answer: (c) Explanation: Finance Commission of India: Article 280 of the Constitution of India provides for a Finance Commission as a quasi- judicial body. It is constituted by the President of India every fifth year or at such earlier time as he considers necessary. Hence, Statement 1 is correct. The Finance Commission consists of a Chairman and four other members to be appointed by the President. They hold office for such period as specified by the President in his order. Hence, Statement 2 is not correct. The members of the Finance Commission are eligible for reappointment. Hence, Statement 3 is correct. The Constitution authorises the Parliament to determine the qualifications of members of the Commission and the manner in which they should be selected. Accordingly, the Prelim IAS Test Series (2019) – GS Test 8 (20.01.2019) 2 Polity 2 and Current Affairs (November 2018) Parliament has specified the qualifications of the Chairman and members of the Commission. Hence, Statement 4 is not correct. Additional Information: The Chairman of the Finance Commission should be a person having experience in public affairs and the four other members should be selected from amongst the following: i. A judge of the High Court or one qualified to be appointed as one. ii. A person who has specialised knowledge of finance and accounts of the government. iii. A person who has wide experience in financial matters and in administration. iv. A person who has special knowledge of economics. Sources: Vajiram & Ravi Yellow Book; Part 2, Ch. 7: Finance Commission, Pg.87 Indian Polity by M. Laxmikanth, Ch. 45: Finance Commission, page 45.1 4. When the Chief Justice of a High Court in India acts in his administrative capacity, he is subjected to which of the following? (a) The writ jurisdiction of any other High Court. (b) Special control exercised by the Chief Justice of India. (c) Discretionary powers of the President of India. (d) The writ jurisdiction of the High Court of which he is a Judge. Answer: (a) Explanation: Article 226 of the Indian Constitution empowers the High Courts to issue writs. Also, when the Chief Justice of a High Court acts in his administrative capacity, he is subject to the writ jurisdiction of the other High Courts. When the Chief Justice of a High Court in India acts in his administrative capacity, he is not subject to: Special control exercised by the Chief Justice of India. Discretionary powers of the President of India. The writ jurisdiction of the High Court of which he is a Judge. Hence, option (a) is the correct answer. Sources: Vajiram & Ravi Yellow Book; Part 2, Ch.2: The Judiciary, Pg.34-37 Indian Polity by M. Laxmikanth, Ch. 27, Judicial Review, Pg. 27.1 5. With reference to the term of a Governor’s office in an Indian State, which of the following statements is/are correct? (1) The Governor has no security of tenure and no fixed term of office. (2) The Constitution does not lay down any grounds upon which a Governor may be removed by the President. (3) The Supreme Court has held that the pleasure of the President in removal of the Governor is subject to judicial review. Select the correct answer using the code given below: (a) 1 only (b) 3 only Prelim IAS Test Series (2019) – GS Test 8 (20.01.2019) 3 Polity 2 and Current Affairs (November 2018) (c) 1 and 2 only (d) 1, 2 and 3 Answer: (d) Explanation: The normal term of a Governor's office is five years from the date on which he enters upon his office. However, this term of five years is subject to the ‘pleasure of the President of India’. Statement 1 is correct: The Governor has no security of tenure and no fixed term of office. He may be removed by the President at any time. Statement 2 is correct: The Constitution does not lay down any grounds upon which a Governor may be removed by the President. Statement 3 is correct: The Supreme Court held that the pleasure of the President is subject to judicial review, in B.P. Singhal vs. Union of India 2010 case. Further, he can resign at any time by addressing a resignation letter to the President. Hence, the correct answer is option (d). Sources: Vajiram & Ravi Yellow Book; Part 2, Ch.1: Government of the State, Pg.1-3 Indian Polity 5th Edition M. Laxmikanth; Chapter 30, Pg 30.3-30.4 6. Consider the following statements about the implementation of Lokpal and Lokayukta in India: (1) More than half of the States in India have State Lokayukta Acts in place. (2) The Lokpal will have the power of superintendence and direction over any investigation agency including the Central Bureau of Investigation (CBI), over cases that are referred to them by the Lokpal. (3) The President of India is the sole authority to select and appoint the Lokpal. Which of the statements given above is/are correct? (a) 3 only (b) 1 and 2 only (c) 1 and 3 only (d) 2 and 3 only Answer: (b) Explanation: Statement 1 is correct: By 2013, 18 States and 1 Union Territory (Delhi) had established the institution of Lokayukta. Thus, more than half of the States in India have State Lokayuktas. Statement 2 is correct: The Lokpal will have the power of superintendence and direction over any investigation agency including the Central Bureau of Investigation, for cases referred to them by the Lokpal. Statement 3 is not correct: Selection of Chairperson and members of Lokpal through a selection committee consisting of the Prime Minister, the Speaker of Lok Sabha, the Leader of Opposition in Lok Sabha, the Chief Justice of India (CJI) or a sitting Supreme Court Judge nominated by the CJI.