- UPSC Civil Service Examination 1977


Ans .

a


  1. Explanation :

    Best answer is 1, 2 and 3. Because only Inter State Council is a constitutional body under article 263. So option 4 should not be included.





Ans .

c


  1. Explanation :

    Representation of states in the Parliament does require a constitutional amendment only with the ratification of the legislature of not less than one-half of the states. Other given options require the same.





Ans .

c


  1. Explanation :

    The maximum strength of the House envisaged by the Constitution of India is 552, which is made up by election of up to 530 members to represent the states; up to 20 members to represent the Union Territories and not more than two members of theAnglo-Indian Community to be nominated by the President of India, if, in his/her opinion, that community is not adequately represented in the House.





Ans .

d


  1. Explanation :

    As Indian follows Universal Adult Suffrage elected members of the Lower House of the State Legislature i. e., Las have the right to vote in the elections to both the Lok Sabha and Rajya Sabha. The State Legislature besides making laws also has one electoral power in electing the President of India. Elected members of the Legislative Assembly along with the elected members of Parliament are involved in this process.





Ans .

d


  1. Explanation :

    There are only five states with bicameral legislature (Legislative assembly as well as Legislative Council) - UP, Bihar, Maharashtra, Karnataka and Jammu & Kashmir





Ans .

d


  1. Explanation :

    According to Article 156, the Governor shall hold office during the pleasure of the President, the Governor may, by writing under his hand addressed to the President, resign his office. Subject to the foregoing provisions of this article, a Governor shall hold for a term of five years from the date on which he enters upon his office. Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.





Ans .

b


  1. Explanation :

    PM resigns, if he loses the majority in the house is a convention and not mentioned in the constitution. Conventions are unwritten practices which are binding on the three organs of the State. Unlike the President, the Prime Minister does not have a fixed tenure. The full term of the Prime Minister is five years, which coincides with the normal life of the Lok Sabha. However, the term can end sooner if he loses the vote of confidence in the Lower House. So, it can be said that he remains in power as long as he enjoys the confidence of the Lok Sabha. The Prime Minister can also resign by writing to the President. There are no term limits on the office of the Prime Minister. There is also no official retirement age.





Ans .

d


  1. Explanation :

    According to article 54, electoral college of President includes elected members of LS, RS and State legislative assemblies. Under article 61, members of state legislative assemblies do not take part in the process of impeachment of the president.





Ans .

c


  1. Explanation :

    PM has complete discretion to choose his ministers in the Cabinet not necessarily from the two Houses of Parliament but can also choose any other person. That person should become member of either house within 6 months from the date he enters the office.





Ans .

c


  1. Explanation :

    Statement given under option (c) is not mentioned in 73rd amendment act. But this norm is applied in Haryana, Rajasthan, MP, Odisha and Andhra Pradesh.





Ans .

a


  1. Explanation :

    Because no-confidence motion can be moved only in Lok Sabha (not in RS) by the opposition.





Ans .

d


  1. Explanation :

    Assertion is wrong as reservation for women in Parliament and state legislature would require a constitutional amendment.





Ans .

b


  1. Explanation :

    The expression at present population in 1997 here means the previous census, i.e., 1981.





Ans .

b


  1. Explanation :

    Statement 1 is correct as per provisions under Article 59. Statement 2 is correct as according to Article 79, Parliament shall consist of the President and two Houses.





Ans .

c


  1. Explanation :

    Oath or affirmation by the President under article 60; Oath or affirmation by Judge of SC, Members of Parliament, Ministers for the Union comes under Third Schedule of the Constitution.





Ans .

b


  1. Explanation :

    The Constitution of India was enacted on Nov. 26, 1949 but it was commenced on Jan. 26, 1950.





Ans .

d


  1. Explanation :

    Tenth schedule was added by the 52nd Constitutional Amendment Act, 1985. It provides for anti-defection law.





Ans .

c


  1. Explanation :

    The Constitution of India recognizes religious and linguistic minorities under article 29 and 30 (Cultural and Educational rights). However it does not define the term Minority.





Ans .

d


  1. Explanation :

    An amendment to the Constitution of India can be initiated by either House of Parliament under article 368. It does not require the President's recommendation.





Ans .

b


  1. Explanation :

    Statement 3 is incorrect as a candidate shall not be allowed to contest from more than two constituencies, it also adds options 1 and 2.





Ans .

a


  1. Explanation :

    A Money bill can be introduced only in LS (not in RS) that too on the recommendation of the President.





Ans .

c


  1. Explanation :

    73rd Amendment Act added Eleventh Schedule to the Constitution and Part IX, which provides for the Panchayati Raj System.





Ans .

d


  1. Explanation :

    Decorum means maintaining proper behaviour. Interpellation means formal right of a Parliament to submit formal question to the government. Crossing the floor means to vote against the party lines. Yielding the floor means the speaker giving part of his or her speaking time to another speaker. While this practice is allowed in some legislative bodies, it is not allowed in deliberative assemblies, unless specifically authorized in the rules.





Ans .

a


  1. Explanation :

    Under Article 76, impeachment procedure of the Attorney-General is not provided. He shall hold office during the pleasure of the President. He must not be a member of either House of Parliament.





Ans .

a


  1. Explanation :

    According to Article 280 it shall be the duty of the Commission to make recommendations to the President as to (1) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds; (2) the principles which should govern the grants in aid of the revenues of the States out of the Consolidated Fund of India; (3) any other matter referred to the Commission by the President in the interests of sound finance; (4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them.





Ans .

c


  1. Explanation :

    Article 350A was inserted by 7th Constitutional Amendment act 1956. It says, it shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities. Article 349 – Special Procedure for enactment of certain laws relating to language; Article 350 – Language to be used in representations for redress of grievances; Article 351 – Directive for development of the Hindi language.





Ans .

d


  1. Explanation :

    As per provisions under Article 149, the Comptroller and Auditor General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.





Ans .

d


  1. Explanation :

    Fourth schedule allocates seats in the Council of States i.e. Rajya Sabha.





Ans .

a


  1. Explanation :

    No explanation





Ans .

a


  1. Explanation :

    First schedule contains names of the States and UTs, that’s why it should be amended, if a new state is created.





Ans .

a


  1. Explanation :

    No explanation





Ans .

b


  1. Explanation :

    President can issue an ordinance only when both houses of parliament are not in session (Art 123). No minimum age is prescribed for appointment as a judge of the Supreme Court in the Constitution. The age of a Judge of the SC shall be determined by such authority and in such manner as parliament may by law provide. NDC is composed of the PM as its head, all Union Cabinet ministers, the CMs of all states, CMs/ Administrators of all UTs and the members of the Planning Commission. There is no constitutional provision regarding the accountability of the planning commission the parliament.





Ans .

d


  1. Explanation :

    44th Before the 42nd amendment, Article 74(1) stated that, "there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions". However, there was a slight ambiguity whether the advice of the Council of Ministers is binding on the President. Forty-second Amendment of the 42nd Constitutional Amendment (1976) made it explicit that the President shall, "act in accordance with such advice". The amendment went into effect from 3 January, 1977. The 44th Amendment (1978) however added that the President can send the advice back for reconsideration once. But if the Council of Ministers sends the same advice again to the President then the President must accept it. The amendment went into effect from 20 June, 1979.





Ans .

c


  1. Explanation :

    The term of the LS can be extended by not more than one year at a time during the proclamation of national emergency under Article 352.





Ans .

b


  1. Explanation :

    According to 93rd Amendment every Child of the age group of 6-14 years shall have right to free and compulsory Education. No child is liable to pay any kind of fee/ capitation fee/ charges. A collection of capitation fee invites a fine up to 10 times the amount collected.





Ans .

a


  1. Explanation :

    These are Fundamental Rights under Part III of the Constitutionm, runs from Art 14 – 32.





Ans .

a


  1. Explanation :

    Ninth Schedule was added by First Amendment Act of 1951, which relates to Land Reforms.





Ans .

d


  1. Explanation :

    So far three joint sittings have been held, First was held on Dowry Prohibition Bill, 1961, Second was held on Banking Service Commission (Repeal) Bill, 1978 and Third was held on Prevention of Terrorism Bill, 2002. The presiding officer of joint sitting is Speaker of the Lok Sabha.





Ans .

c


  1. Explanation :

    President can issue Ordinance under Article 123.





Ans .

b


  1. Explanation :

    Article 143 provides power to the President to consult the Supreme Court.





Ans .

d


  1. Explanation :

    According Article 355, it shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.





Ans .

d


  1. Explanation :

    Borrowed features from different countries are correct.





Ans .

d


  1. Explanation :

    According to Article 368 an amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.





Ans .

c


  1. Explanation :

    7th Amendment Act 1956 provides for composition of the House of the People and readjustment after every census. 31st amendment act 1973 provides for raising the upper limit for the representation of states in the Lok Sabha from 500 to 525 and reducing the upper limit for the representation of UTs from 25 to 20.





Ans .

a


  1. Explanation :

    The 'First Schedule' of the constitution deals with list of States and Union Territories.





Ans .

d


  1. Explanation :

    Fourth schedule allocates seats in the Council of States i.e. Rajya Sabha (Upper House of Parliament).





Ans .

a


  1. Explanation :

    Appropriation Bill is a money bill. In case of money bill, RS has only recommendatory power and need not to be passed by RS.





Ans .

a


  1. Explanation :

    Article 257 in the Constitution states that the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. Article 258: Power of the Union to confer powers on the States in certain cases; Article 355: Duty of the Union to protect States against external aggression and internal disturbance; Article 358: Suspension of provisions of Article 19 during emergencies.





Ans .

c


  1. Explanation :

    These are Fundamental rights under Part III of the Constitution.





Ans .

a


  1. Explanation :

    Article 24 of the constitution states that, no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.





Ans .

a


  1. Explanation :

    Part IX and Eleventh Schedule were added by 73rd Constitutional Amendment Act, 1992 which contain provisions for Panchayats, Part IX A. Twelfth Schedule were added by 74th Constitutional amendment act, 1992 which contain provisions for Municipalities but Article 243 Q envisages three types of municipalities: Nagar Panchayats for a transitional area, Municipal Council for smaller urban areas and Municipal Corporation for larger urban areas.





Ans .

d


  1. Explanation :

    Article 371 A to I deals with special provisions to -Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa. The Constitution of India envisages a single policy for both Union and the States. A naturalized citizen is one who acquires citizenship either by Naturalization or by Registration. They can be deprived of citizenship if they acquired citizenship by using fraudulent means.





Ans .

b


  1. Explanation :

    The Constitution 98th Amendment Bill, 2003, seeks to constitute a National Judicial Commission (NJC) by including Chapter IV-A in Part V of the Constitution which will be in charge of appointing judges to the higher judiciary and for transferring High Court Judges.





Ans .

c


  1. Explanation :

    The Constitution of India has 24 parts, 12 schedules and more than 444 articles at present. In the original constitution, there were 22 parts, 8 schedules and 395 articles. Ninth Schedule was added by 1st Constitutional Amendment Act, 1951. Tenth Schedule was added by 52nd Constitutional Amendment Act, 1985. Eleventh Schedule was added by 73rd Constitutional Amendment Act, 1992. Twelfth Schedule was added by 74th Constitutional Amendment Act, 1992.





Ans .

c


  1. Explanation :

    The Indian Parliament has passed the 104th Constitution Amendment Bill, providing reservations for the socially and educationally backward classes, besides the Scheduled Classes and Scheduled Tribes, in all private aided and unaided educational institutions.





Ans .

c


  1. Explanation :

    Superintendence, direction and control of elections to be vested in an Election Commission under Article 324.





Ans .

a


  1. Explanation :

    The above provision has been added by 91st constitutional Amendment Act, 2003.





Ans .

b


  1. Explanation :

    Statement 1 is incorrect as it is a Fundamental Right under article 23 of Part III of the constitution. Statement 2 corresponds to Directive Principles of State Policy under Article 47 under Part IV of the Constitution.





Ans .

b


  1. Explanation :

    Fifth schedule relates to the control and administration of scheduled areas in states other than Tripura, Assam, Meghalaya and Mizoram. While Sixth Schedule deals with administration and control of tribal areas in the state of Assam, Meghalaya, Mizoram and Tripura.





Ans .

c


  1. Explanation :

    92nd Amendment Act 2003 added Bodo, Santhali, Maithali and Dogri languages in the 8th Schedule of the Constitution. Originally there were 14 languages in the 8th schedule. 21st amendment act added Sindhi language. 71st amendment act added Konkani, Manipuri and Nepali languages.





Ans .

d


  1. Explanation :

    Statement 1 is incorrect as members of RS can become cabinet ministers. Statement 2 is incorrect as Cabinet secretariat is under the direct charge of the PM.





Ans .

b


  1. Explanation :

    The above provision has been added by 91st Constitutional Amendment Act 2003.





Ans .

b


  1. Explanation :

    The National Social Assistance Programme (NSAP) which came into effect from 15th August, 1995 represents a significant step towards the fulfillment of the Directive Principles in Article 41 (Right to Work, to Education and to Public Assistance in certain cases) of the Constitution.





Ans .

a


  1. Explanation :

    To vote in public elections is not a fundamental duty.





Ans .

b


  1. Explanation :

    Organizing village Panchayats and promoting cottage industries in rural areas are the Gandhian principles that are reflected in the Directive Principles of State Policy.





Ans .

b


  1. Explanation :

    The Constitution of India empowering the Parliament to make laws in the State List and to create one or more All India Services.





Ans .

c


  1. Explanation :

    1, 2 and 5 are correct.





Ans .

c


  1. Explanation :

    It is not the duty of the President of India to cause to be laid report of public Accounts Committee before the Parliament.





Ans .

c


  1. Explanation :

    All the statements except 2 regarding the Fundamental Duties of citizens are correct.





Ans .

c


  1. Explanation :

    Distribution of power between the Centre and the States in the Indian Constitution is based on the Government of India Act. 1935.





Ans .

c


  1. Explanation :

    Directive Principles of State Policy are guidelines to the central and State government of India to be kept in mind while framing laws and policies. DPSPs aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state. They act as a check on the government. It is a yardstick in the hands of the people to measure the performance of the government. It shall be the duty of the state to apply these principles in making laws.





Ans .

d


  1. Explanation :

    An amendment to the constitution of India is introduced as a bill in the Parliament. It then must be approved by both the houses of Parliament. The amendments must then be ratified by the legislatures of at least one half of the states (not all the states). Once all these stages are complete the amendment is bound to receive the assent of the President of India.





Ans .

d


  1. Explanation :

    National Development council is not a constitutional body. It is an extra-constitutional body. Planning Commission is a non-constitutional and non-statutory body. It was created by the Govt. of India in 1950 by a resolution. Zonal councils have been recognized in the 74th Constitutional Amendment Act of 1992.





Ans .

b


  1. Explanation :

    Out of 52 items on the concurrent list, Economic and Social Planning is placed under Article 40 of the Constitution. Directive Principles of State Policy lays down that the State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government. Planning for economic development and social justice is one such power given to village panchayats.





Ans .

d


  1. Explanation :

    The 52nd Amendment act of 1985, added 10th schedule to the Constitution. This is often referred to as anti-defection law.





Ans .

b


  1. Explanation :

    Promotion of international peace and security is included in the Directive Principles of State as Article 51 of constitution that mentions to promote international peace and security and maintain just an honourable relations between nations between nations; to foster respect for international law and treaty obligations, and to encourage settlements of international disputes by arbitration.





Ans .

a


  1. Explanation :

    The Fifth Schedule of the Constitution of India deals with administration and control of scheduled areas and scheduled tribes in these areas. The Sixth Schedule to the Constitution of India contains provisions concerning the administration of tribal areas in the States of Assam, Meghalaya, Tripura and Mizoram.





Ans .

d


  1. Explanation :

    The Supreme Court of India is the apex court in India. As stated by the Indian Constitution, the function of the Supreme Court of India is that of a custodian of the Constitution, a court established by the authority of a federal government, and the uppermost court of appeal.





Ans .

d


  1. Explanation :

    The maximum strength of the legislative council is fixed at one third of the total strength of the legislative assembly and the minimum strength is fixed at 40. The chairman of the legislative council is elected by the council itself from amongst its members.





Ans .

d


  1. Explanation :

    The idea behind incorporation of fundamental duties was to remind the citizens of the country that they have certain obligations towards the country and society. The fundamental duties were added to the constitution on the recommendations of the Swaran Singh Committee. There were ten fundamental duties at the time of incorporation but the eleventh was inserted by the 86th Amendment in 2002. To uphold and protect the sovereignty, unity and integrity of India is one of them.





Ans .

b


  1. Explanation :

    Directive Principles of State Policy (DPSPs) aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state. The Directive Principles of State Policy is guidelines/principles given to the central and state governments of India, to be kept in mind while framing laws and policies.





Ans .

c


  1. Explanation :

    The directive principles ensure that the State shall strive to promote the welfare of the people by promoting a social order in which social, economic and political justice is informed in all institutions of life. The provisions of The Directive Principles of State Policy are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the count.