Results
#1. Consider the following pairs in context of interstate river water disputes:
Which of the pairs given above is/are correctly matched?
#2. In the context of inter-state trade and commerce, consider the following statements:
1. Article 301 declares that trade, commerce and intercourse throughout the territory of India shall be free.
2. State bills which impose restriction upon freedom of trade can be introduced in the legislature only with the previous sanction of the president.
Which of the statements given above is/are correct?
Statement 1 is correct. Article 301 declares that trade, commerce and intercourse throughout the territory of India shall be free. The object of this provision is to break down the border barriers between the states and to create one unit with a view to encourage the free flow of trade, commerce and intercourse in the country.
Statement 2 is correct. State bills which impose restriction upon freedom of trade can be introduced in the legislature only with the previous sanction of the president. Further, the state legislature cannot give preference to one state over another or discriminate between the states.
#3. Consider the following statements:
1. Full faith and credit is to be given throughout the territory of India to public acts, records and judicial proceedings of the Centre and every state.
2. Final criminal judgements and orders of courts in any part of India are capable of execution anywhere within India.
Which of the statements given above is/are correct?
Statement 1 is correct. Full faith and credit are to be given throughout the territory of India to public acts, records and judicial proceedings of the Centre and every state. The expression ‘public acts’ includes both legislative and executive acts of the government. The expression ‘public record’ includes any official book, register or record made by a public servant in the discharge of his official duties.
Statement 2 is incorrect. Final judgements and orders of civil courts in any part of India are capable of execution anywhere within India (without the necessity of a fresh suit upon the judgement). The rule applies only to civil judgements and not to criminal judgements. In other words, it does not require the courts of a state to enforce the penal laws of another state.
#4. Consider the following statements, with reference to Inter-state councils.
1. Article 263 empowers the Parliament to establish inter-state councils.
2. The council’s function to enquire and advice upon inter-state disputes is complementary to the Supreme Court’s jurisdiction under Article 13
3. Th e council’s recommendations are binding on the governments.
Which of the statements given above is/are incorrect?
Statement 1 is incorrect. Under Article 263, the President can establish Inter-state council if at any time it appears to him that the public interest would be served by its establishment. He/she can define the nature of duties to be performed by such a council and its organisation and procedure.
Statement 2 is correct. The council’s function to enquire and advice upon inter-state disputes is complementary to the Supreme Court’s jurisdiction under Article 131 to decide a legal controversy between the governments.
Statement 3 is incorrect. The Council can enquire, investigate and make recommendations with any controversy whether legal or non-legal, but its function is advisory unlike that of the court which gives a binding decision.
#5. Consider the following statements:
1. The Inter-state Council was established based on the recommendations of the Sarkaria Commission.
2. The Standing Committee of the Inter-state Council is chaired by the Prime Minister.
3. The Inter-state Council Secretariat also acts as the secretariat of the Zonal Councils.
Which of the statements given above are correct?
Statement 1 is correct. The Inter-state Council was established in 1990, based on the recommendations of the Sarkaria Commission.
Statement 2 is incorrect. The Standing Committee of the Inter-state Council is chaired by the Union Home Minister. It was set up in 1996 for continuous consultation and processing of matters for the consideration of the Council.
Statement 3 is correct. The Inter-state Council secretariat was set-up in 1991 and is headed by a secretary to the Government of India. Since 2011, it is also functioning as the secretariat of the Zonal Councils.
#6. Consider the following statements:
1. Article 262 of the Constitution provides for the adjudication of inter-state water disputes.
2. The original jurisdiction of the Supreme Court extends to the inter-state water disputes.
Which of the statements given above is/are correct?
Statement 1 is correct. Article 262 of the Constitution provides for the adjudication of inter-state water disputes. It makes two provisions:
(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
(2) Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.
Statement 2 is incorrect. Article 262 provides that Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any interstate river water dispute or complaint. Thus, Supreme Court’s original jurisdiction does not extend to the inter-state water disputes.
#7. With reference to the Inter-state Water Dispute (Amendment) Act of 2019, consider the following statements:
1. It empowers the Union Government to set up a Dispute Resolutions Committee (DRC), for resolving any inter-state water disputes amicably.
2. All the members of DRC will be nominated by the Union government.
3. A permanent tribunal will be set up which can have multiple benches.
4. The decision of the tribunal has the same force as that of an order of the Supreme court and is not needed to be published in an official gazette.
Which of the statements given above are correct?
Statement 1 is correct. Under the Act, when a state puts in a request regarding any water dispute, the central government will set up a Disputes Resolution Committee (DRC), to resolve the dispute amicably.
Statement 2 is incorrect. The DRC will comprise of a chairperson, and experts with at least 15 years of experience in relevant sectors, to be nominated by the central government. It will also comprise one member from each state (at Joint Secretary level), who are party to the dispute, to be nominated by the concerned state government.
Statement 3 is correct. The central government will set up an Inter-State River Water Disputes Tribunal, for the adjudication of water disputes. This Tribunal can have multiple benches.
Statement 4 is correct. Under the original Act, the decision of the Tribunal must be published by the central government in the official gazette. This decision has the same force as that of an order of the Supreme Court. The new Act removes the requirement of such publication. It adds that the decision of the Bench of the Tribunal will be final and binding on the parties involved in the dispute.
#8. With reference to the Zonal Councils, consider the following statements:
1. They are established under the State’s Reorganisation Act of 1956.
2. The Prime Minister is the common chairman of all the zonal councils.
3. Union Territories are not represented in the zonal councils.
4. They are only advisory in nature.
Which of the statements given above is/are incorrect?
Statement 1 is correct. The Zonal Councils are not constitutional bodies. They are established by the States Reorganisation Act of 1956. The act divided the country into five zones (Northern, Central, Eastern, Western and Southern) and provided a zonal council for each zone.
Statement 2 is incorrect. The Home Minister of Central government is the common chairman of the five zonal councils. Each chief minister acts as a vice-chairman of the council by rotation, holding office for a period of one year at a time.
Statement 3 is incorrect. Union Territories are represented in the zonal councils. Each zonal council consists of the following members: (a) home minister of Central government. (b) chief ministers of all the States in the zone. (c) two other ministers from each state in the zone. (d) administrator of each union territory in the zone.
Statement 4 is correct. The zonal councils are only deliberative and advisory bodies.
#9. With reference to the freedom of trade and commerce given under the Constitution, consider the following statements:
1. Article 19 of the Constitution guarantees freedom of trade for an individual throughout the territory of India.
2. The Constitution confines itself to interState freedom to trade and commerce and no protection to intra state trade and commerce.
Which of the statements given above is/are correct?
Statement 1 is correct. Article 19 of the Constitution guarantees freedom of trade for an individual throughout the territory of India. It protects an individual’s right to practise any profession, or to carry on any occupation, trade or business.
Statement 2 is incorrect. Articles 301-307 contained in Part XIII of the Constitution are not only confined to inter-State freedom but includes intra-State freedom of trade and commerce as well.
#10. With reference to the Federal and Unitary Governments, which of the following statements is/are correct?
1. Regional governments exist in a federal setup but never in a Unitary setup.
2. In a federal government, the legislature is mostly bicameral.
3. A Federal State always have a flexible Constitution whereas Unitary States always have rigid Constitutions.
Select the correct answer using the code given below:
Statement 1 is incorrect. In a Unitary form of government, national government exist and regional governments may or may not exist. A unitary government is one in which all the powers are vested in the national government and the regional governments, if at all exist, derive their authority from the national government. A federal government is one in which powers are divided between the national government and the regional governments by the Constitution itself and both operate in their respective jurisdictions independently.
Statement 2 is correct: In a federal government, the legislature is mostly bicameral. In Unitary Governments, legislature may be bicameral (in Britain) or unicameral (in China).
Statement 3 is incorrect: A federal State has rigid Constitution. Because, the division of powers established by the Constitution as well as the supremacy of the Constitution can be maintained only if the method of its amendment is rigid. A unitary government may have a rigid constitution or flexible constitution.
#11. In the context of distribution of legislative powers in India, consider the following statements:
1. Indian Constitution provides for the predominance of the ‘Concurrent List’ over the ‘State List’.
2. At present, the residuary power of legislation is vested with the President.
Which of the statements given above is/are correct?
Statement 1 is correct: The Constitution expressly secures the predominance of the Union List over the State List and the Concurrent List and that of the Concurrent List over the State List. Thus, in case of overlapping between the Union List and the State List, the former should prevail. In case of overlapping between the Union List and the Concurrent List, it is again the former which should prevail. Where there is a conflict between the Concurrent List and the State List, it is the former that should prevail.
Statement 2 is incorrect: In India, the power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) is vested in the Parliament. This residuary power of legislation includes the power to levy residuary taxes.
#12. With respect to legislation on a matter enumerated in the State List, consider the following statements:
1. During the operation of National Emergency, only Parliament can make laws on state subjects.
2. Laws made by the Parliament during President’s rule, becomes inoperative when the President’s rule ends.
Which of the statements given above is/are correct?
Statement 1 is incorrect: The Parliament acquires the power to legislate with respect to goods and services tax or matters in the State List, while a proclamation of national emergency is in operation. But, the power of a state legislature to make laws on the same matter is not restricted. In case of repugnancy between a state law and a parliamentary law, the latter is to prevail.
statement 2 is incorrect: When the President’s rule is imposed in a state, the Parliament becomes empowered to make laws with respect to any matter in the State List in relation to that state. A law made so by the Parliament continues to be operative even after the president’s rule. This means that the period for which such a law remains in force is not coterminous with the duration of the President’s rule. But, such a law can be repealed or altered or re-enacted by the state legislature.
#13. With regards to the restrictions on taxing powers of the states, which of the following statements is correct?
Statement a is incorrect. A state legislature is prohibited from imposing a tax on the supply of goods, if:
(a) such supply takes place outside the state; and
(b) where such supply takes place in the course of import or export.
Statement b is correct. A state legislature can’t impose tax on sale of electricity if it is consumed by the Centre or sold by the Centre or if it is consumed in the construction or maintenance of railways.
Statement c is incorrect. A state legislature can impose taxes on professions, trades, callings and employments. But, the total amount of such taxes payable by any person should not exceed ₹2,500 per annum.
#14. Who among the following are the members of the Standing Committee of the Inter State Council?
1. Prime Minister
2. Union Home Minister
3. Chief Ministers of all states
4. Cabinet Ministers of the state.
5. Governors.
Select the correct answer using the code given below:
Option 1 is incorrect: The Prime Minister is a member of the Inter State Council, and not its standing committee.
Option 2 is correct: The Union Home Minister is a member of both the Inter State Council, as well as its Standing Committee. He is also the Chairman of the Standing Committee of the Inter State Council.
Option 3 is incorrect: The Standing Committee has only 9 Chief Ministers (chosen by rotation), whereas the Inter State Council has all the Chief Ministers in India as its members.
Option 4 is incorrect: 5 union ministers of cabinet rank, apart from the Union Home Minister are members of the Standing Committee. The Inter State Council also has 6 union cabinet ministers (including the Union Home Minister)
Option 5 is incorrect: Governors are not a part of the Standing Committee. However, Governors of states under President’s Rule are members of the Inter State Council.
Knowledge Base: Other members of Inter State Council:
1) Chief Ministers of Union Territories having legislatures.
2) Administrators of Union Territories
#15. Consider the following pairs with respect to reorganization of states:
Which of the pairs given above is/are correctly matched?
Pair 1 is incorrectly matched. The Linguistic Provinces Commission under the chairmanship of S.K. Dhar was appointed by the Government of India in June 1948 to examine the feasibility of reorganisation of states. The commission submitted its report in December, 1948, and recommended the reorganisation of states on the basis of administrative convenience rather than linguistic factor (and not vice-versa).
Pair 2 is correctly matched. The JVP Committee was appointed in December, 1948, to examine the whole question of states reorganisation afresh. It consisted of Jawaharlal Nehru, Vallahbhai Patel and Pattabhi Sitaramayya. It formally rejected language as the basis for reorganisation of states.
Pair 3 is incorrectly matched. Fazl Ali Commission, also known as States Reorganisation Commission, was appointed by the Government of India in December, 1953. It broadly accepted language as the basis of reorganisation of states. But, it rejected the theory of ‘one language-one state’. It identified four major factors that can be taken into account in any scheme of reorganisation of states:
• Preservation and strengthening of the unity and security of the country.
• Linguistic and cultural homogeneity.
• Financial, economic and administrative considerations.
• Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.
#16. Which of the following are the features of Parliamentary system of government in India?
1. Stable government
2. Parliamentary sovereignty
3. Membership of the ministers in the legislature
4. Majority party rule
5. Executive can dissolve the legislature before its expiry
Select the correct answer using the code given below:
Statement 1 is incorrect. Responsible government is one of the features of Parliamentary system of government because the ministers are responsible to the Parliament for all their acts. But this does not guarantee a stable government. A no confidence motion can be passed to remove the government and thus government does not have the security of tenure.
Statement 2 is incorrect. The Indian Parliament is not a sovereign body like the British Parliament. In India, the people are sovereign.
Statement 3 is correct. Membership of the ministers in the legislature is also a feature of the Indian parliamentary system. They are collectively responsible to the Lok Sabha.
Statement 4 is correct. Majority party rule is a feature of Indian parliamentary system. The political homogeneity is maintained when council of ministers belong to same party or in case of coalition government, it is maintained when ministers are bound by consensus.
Statement 5 is correct. The lower house can be dissolved before its expiry by President on the recommendation of Prime minister. Thus, dissolution of lower house by the executive is the feature of Parliamentary form of government.
#17. Which of the following statements represent the unitary features of Indian constitution?
1. Laws on the subjects under concurrent list can be made by both central and state government.
2. The states in India do not have any right to frame their own constitution.
3. Amendments to the Seventh Schedule can be done by the joint action of the central and state government.
4. The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President.
5. Comptroller and Auditor-General of India is appointed by the President of India.
Select the correct answer using the code given below:
In the unitary government, the powers of the government are centralised in the central government & the states are subordinate to the centre. In the federal constitution, there is a division of power between the states & the central government & both are independent in their own spheres.
Statement 1 is a federal feature of Indian constitution. Division of Powers: The Constitution divided the powers between the Centre and the states in terms of the Union List, State List and Concurrent List in the Seventh Schedule. Both the Centre and the states can make laws on the subjects of the concurrent list.
Statement 2 is a Unitary feature of Indian constitution. Single Constitution: Usually, in a federation, the states have the right to frame their own Constitution separate from that of the Centre. In India, on the contrary, no such power is given to the states. The Constitution of India embodies not only the Constitution of the Centre but also those of the states. Both the Centre and the states must operate within this single-frame.
Statement 3 is a federal feature of Indian constitution. Rigid Constitution: The division of powers established by the Constitution as well as the supremacy of the Constitution can be maintained only if the method of its amendment is rigid. Hence, the Constitution is rigid to the extent that those provisions which are concerned with the federal structure (i.e., Centre–state relations and judicial organisation) can be amended only by the joint action of the Central and state governments.
Statement 4 is a Unitary feature of Indian constitution. Veto Over State Bills: The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President. The President can withhold his assent to such bills not only in the first instance but also in the second instance. Thus, the President enjoys absolute veto (and not suspensive veto) over state bills.
Statement 5 is a Unitary feature of Indian Constitution. Integrated Audit Machinery: The Comptroller and Auditor-General of India audits the accounts of not only the Central government but also those of the states. But his appointment and removal are done by the president without consulting the states. Hence, this office restricts the financial autonomy of the states.
#18. Regarding the North-Eastern Council, which of the following statement is incorrect?
Statement a is correct. A North-Eastern Council was created by a separate Act of Parliament– the North-Eastern Council Act of 1971. It is a statutory body with Governors and Chief Ministers of all the eight North Eastern States as its Member – Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura and Sikkim. Sikkim was added as the eighth member of the council by amendment to the act in 2002.
Statement b is correct. North-Eastern Council reviews from time to time the measures taken by the member states for the maintenance of security and public order in the region.
Statement c is correct. North-Eastern Council is an advisory body whose functions are similar to those of the zonal councils, but with few additions. It has to formulate a unified and coordinated regional plan covering matters of common importance. It has to review from time to time the measures taken by the member states for the maintenance of security and public order in the region.
Statement d is incorrect. In 2018, the Union Cabinet approved the proposal of Ministry of Development of North Eastern Region (DoNER) for the nomination of the Union Home Minister as ex-officio Chairman of North Eastern Council (NEC). The Cabinet also approved that Minister of State (Independent Charge), Ministry of DoNER would serve as Vice Chairman of the Council.
#19. In the context of federalism in India, consider the following pairs:
Which of the pairs given above is/are correctly matched?
Pair 1 is correct: The cooperative federalism involves the Centre and States governments cooperating with each other for the overall development of the nation. Centrally sponsored schemes are jointly funded by the Centre and states. Thus, centre and states cooperate in the funding of these scheme. Cooperative federalism involves the participation of the States in the creation and implementation of the policies for the development of the country.
Pair 2 is correct: In Competitive federalism States compete among themselves and also with the Centre for benefits. States compete with each other to attract funds and investment, which facilitates efficiency in administration and enhances developmental activities. To promote the concept of competitive federalism in India, the union government started taking several measures in that direction. NITI Aayog endeavours to promote competitive federalism by facilitating improved performance of States/ UTs. It encourages healthy competition between the States through transparent rankings in various sectors, along with a hand-holding approach. Ease of doing business ranking for states is one such example.
Pair 3 is correct: Asymmetric federalism is found in a federation in which different constituent states possess different powers. One state has considerably more independence than the other states, though they have the same constitutional status. Example- Most of Northeast states enjoy special powers especially for the tribal areas.
#20. Suppose a state law on a subject enumerated in the Concurrent List has been reserved for the consideration of the President. If the President gives his assent to such a law, then which of the given would follow?
In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law. But there is an exception. If the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state. But it would still be competent for the Parliament to override such a law by subsequently making a law on the same matter
#21. With reference to states reorganization in India, arrange the following mentioned States/Union Territories (UTs) in the chronological order of their formation:
1. Sikkim
2. Himachal Pradesh
3. Manipur
4. Mizoram
Select the correct answer using the code given below:
The correct chronological order of formation of the given States/Union territories (UTs) is: Himachal PradeshManipur- Sikkim- Mizoram.
Himachal Pradesh: It was created as a UT through the State Reorganization Act, 1956. In 1966, hill areas of State of Haryana were merged with the adjoining UT of HP. In 1971, HP was created as the 18th State of Union of India.
Manipur: In 1972, Manipur was elevated from UT to the statehood level (19th State of India).
Sikkim: It was conferred the status of ‘associate state’ of India in 1974 through 35th Constitutional Amendment Act, 1974. But in 1975, it was incorporated as the fullfledged state through 36th Constitutional Amendment Act, 1974, and became 22nd State of India.
Mizoram: In 1987, it came into being as the 23rd State of India followed by Arunachala Pradesh (24th) and Goa (25th).
#22. Taxes on the sale of petrol, diesel and natural gas are
Taxes on the sale of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel are levied, collected and retained by the States.
Other taxes belonging to the states exclusively are as follow. They are enumerated in the state list and are 18 in number:
(i) land revenue;
(ii) taxes on agricultural income;
(iii) duties in respect of succession to agricultural land;
(iv) estate duty in respect of agricultural land;
(v) taxes on lands and buildings;
(vi) taxes on mineral rights;
(vii) Duties of excise on alcoholic liquors for human consumption; opium, Indian hemp and other narcotic drugs and narcotics, but not including medicinal and toilet preparations containing alcohol or narcotics;
(viii) taxes on the consumption or sale or electricity;
(ix) taxes on the sale of alcoholic liquor for human consumption, but not including sale in the course of inter-state trade or commerce or sale in the course of international trade or commerce of such goods;
(x) taxes on goods and passengers carried by road or inland waterways;
(xi) taxes on vehicles;
(xii) taxes on animals and boats;
(xiii) tolls; (xiv) taxes on professions, trades, callings and employments;
(xv) capitation taxes;
(xvi) taxes on entertainments and amusements to the extent levied and collected by a Panchayat or a Municipality or a Regional Council or a District Council;
(xvii) stamp duty on documents (except those specified in the Union List); and
(xviii) fees on the matters enumerated in the State List (except court fees).
#23. With reference to the GST Council, consider the following statements:
1. Union Finance Minister and Chief Ministers of all states are members of the Council.
2. The vote of the Central government has 50% weightage of the total votes in the Council.
Which of the statements given above is/are correct?
The (One Hundred and First Amendment) Act, 2016, was passed in 2016. It inserted, Article 279A, which provided for the Goods and Services Tax Council.
Statement 1 is incorrect. The GST Council is a federal body that aims to bring together states and the Centre on a common platform for the nationwide rollout of the indirect tax reform. It consists of the following members:
• Union Finance Minister
• Union Minister of State for fi nance
• The Minister in charge of fi nance or taxation or any other Minister nominated by each State government, as members. Chief Ministers of all states are not members of the Council.
Statement 2 is incorrect. As per the Constitution, in case of a voting, every decision of the GST Council has to be taken by a majority of not less than three-fourths of the weighted votes of the members present. The vote of the central government has a weightage of one-third of the total votes cast, and the votes of all the state governments taken together have a weightage of two-thirds of the total votes cast in that meeting.
#24. Which of the following is the correct meaning of “Integrated Single Judicial System of India”?
1. A single system of courts that enforces both the Central laws as well as the State laws.
2. One can appeal to a higher court when not satisfied with the judgment passed by the lower court.
3. Decision of a Higher Court is binding on the lower courts in India.
Select the correct answer using the code given below:
Statement 1 is correct. The Indian Constitution has established an integrated single judicial system with the Supreme Court at the top and the state high courts below it. This single system of courts enforces both the Central laws as well as the state laws. This is one of the unitary features of the Indian Constitution. In US, on the other hand, there is a double system of courts whereby the federal laws are enforced by the federal judiciary and the state laws by the state judiciary.
Statements 2 and 3 are correct. In India, we have an integrated judicial system, this also means that the decisions made by higher courts are binding on the lower courts. Another way to understand this integration is through the appellate system that exists in India. This means that a person can appeal to a higher court if they believe that the judgment passed by the lower court is not just.
#25. Consider the following statements regarding inter-state trade and commerce?
1. Reasonable restrictions on the freedom of trade, commerce and intercourse within the state can only be imposed by the state legislature.
2. A state legislature is prohibited from imposing tax on the imported goods from the other state.
3. A state legislature can make laws which exclude certain sections of people from carrying out trade, business or service.
Which of the statements given above is/are incorrect?
Statement 1 is incorrect. Both the Parliament and state legislature can impose reasonable restrictions on the freedom of trade, commerce and intercourse within the state. But the bill for this can be introduced in state legislature only on the previous sanction of President.
Statement 2 is incorrect. The legislature of a state can impose on goods imported from other states or the union territories any tax to which similar goods manufactured in that state are subject. This provision prohibits the imposition of discriminatory taxes by the state.
Statement 3 is correct. Both the Parliament and state legislature are allowed to make laws which can exclude certain sections of people from carrying out trade, business, industry or service.
#26. With regard to tax exemption provided to Central or states property, which of the following statements is/are correct?
1. Parliament can allow municipalities to impose taxes on property owned by the Central government.
2. Only the President can authorize the Centre to impose tax on commercial operations of state.
Select the correct answer using the code given below:
Statement 1 is correct. Although Centre’s property is exempted from all taxes imposed by a state or municipalities, district boards and panchayats, but Parliament is empowered to remove this ban. Hence, Parliament can allow municipalities to impose taxes on property owned by the Central government.
Statement 2 is incorrect. The commercial operations of state are exempted from the Centre’s taxation. But the Parliament (and not the President) can authorize the Center to impose tax on commercial operations of state.
#27. Which of the following are extra-constitutional measures to promote cooperation and coordination between the Centre and the States?
1. Niti Aayog
2. Inter-state council
3. Zonal Councils
4. All India services
5. Central council of health and family welfare
6. UGC (University Grants commission)
Select the correct answer using the code given below:
Extra-constitutional measures are those devices which are not mentioned in the constitution. These extraconstitutional measures promote cooperation and coordination between the Centre and the states. These include a number of advisory bodies and conferences held at the Central level.
Of the above given bodies, only 1, 3, 5 and 6 are correct. These bodies are NITI Aayog, National Integration Council, The Central council of Health and family welfare, The Zonal council, UGC (University Grants commission, The Governor’s conferences, The Chief minister’s conferences, The Chief secretaries’ conferences etc.
2 and 4 are incorrect. Inter-State council is not an extraconstitutional device as it is mentioned in Article 263 of the constitution.
All India services is also mentioned in article 312 of the constitution and so it is not an extra-constitutional device. The members of these services occupy top positions (or key posts) under both the Centre and the states and serve them by turns.
#28. With reference to the federalism in India and USA, which of the following is/are correct?
1. India follows a single citizenship while USA has dual citizenship.
2. Both in India and the USA, the residuary powers to make laws lies with the Union legislature.
Select the correct answer using the code given below:
Statement 1 is correct. As per the constitution of India, the people of India of a single citizenship, that is, they are just the citizen of India but in the case of USA, the people of USA have dual citizenships of both the country as well as the states in which they are born.
Statement 2 is incorrect. In the US constitution, residuary powers lie with the individual state. Thus, the US Constitution says, “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States are reserved to the States”. But in the Indian Constitution the power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) is vested in the Parliament.
Knowledge Base: USA has a presidential form of government and India has a parliamentary form of government.
#29. In which of the following options, are all the subjects listed in the concurrent list of the Constitution of India?
The concurrent list on the other hand has subjects in which both Parliament and state legislatures have jurisdiction. However, the Constitution provides federal supremacy to Parliament on concurrent list items in case of a conflict.
Union list – defence, banking
State list – land, police
Concurrent list – education, forest, trade unions. Thus,
#30. Which of the following matters come under residuary powers as per Schedule VII of the Indian Constitution?
1. Computer Software
2. Disaster Management
3. Currency and Coinage
4. Foreign Affairs
Select the correct answer using the code given below:
The Constitution provides for a three-fold distribution of legislative subjects between the Centre and the states, viz., List-I (the Union List), List-II (the State List) and List-III (the Concurrent List) in the Seventh Schedule.
Option 1 and 2 are correct. Disaster management and computer software as a field of legislation does not find mention in either List II or List III, nor does any particular entry in List I specifi cally deal with this. Therefore, it falls under residuary powers.
Option 3 and 4 are incorrect. Currency and coinage and foreign affairs come under Union List. Residuary powers, put simply, refer to the power of jurisdiction upon subjects that are not mentioned in the state or concurrent list. The union government enjoys exclusive jurisdiction over such subjects.
Article 248 of the constitution clearly states, “The Union Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or the State List.”
#31. Which of the following are the important provisions of the Constitution which create a strong central government?
1. Parliament has the power to alter the name of a state
2. Emergency provisions
3. Office of the Governor of a state
4. Central government can give instructions to the state government
Select the correct answer using the code given below:
The following features of the Constitution makes our polity with a strong central government.
1) Parliament has the power to alter the name of a state. The Parliament is empowered to form a new State by separation of territory from any State or by uniting two or more States. It can also alter the boundary of any State.
2) Emergency provisions – The Constitution has certain very powerful emergency provisions, which can turn our federal polity into a highly centralised system once emergency is declared. During an emergency, power becomes lawfully centralised. Parliament also assumes the power to make laws on subjects within the jurisdiction of the States.
3) Office of Governor – Governor has certain powers to recommend dismissal of the State government and the dissolution of the Assembly. Besides, even in normal circumstances, the Governor has the power to reserve a bill passed by the State legislature, for the assent of the President. This gives the central government an opportunity to delay the State legislation and also to examine such bills and veto them completely.
4) The central government may choose to give instructions to the State government as per Article 257. According to Article 257, the executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance.
#32. Why India is called as the “Union of States” in the Constitution?
1. Indian Federation is not the result of an agreement among the states like the American Federation.
2. States have no right to secede from the federation.
3. Two or more states can override the Union government in law making.
Select the correct answer using the code given below:
Statement 1 and 2 are correct. According to Dr B R Ambedkar, the phrase ‘Union of States’ has been preferred to ‘Federation of States’ for two reasons: one, the Indian Federation is not the result of an agreement among the states like the American Federation; and two, the states have no right to secede from the federation. The federation is a Union because it is indestructible. The country is an integral whole and divided into different states only for the convenience of administration.
Statement 3 is incorrect. There is no such provision in the constitution which allows two or more states to override the union government in law making.
#33. Which of the following disputes are within the scope of the Inter-State council?
1. Disputes arising due to misuse of Article 356
2. Disputes between the states
3. Disputes due to delay in state Bills that are referred for President’s consideration
Select the correct answer using the code given below:
The Inter State Council’s function to enquire and advice upon inter-state disputes is complementary to the Supreme Court’s jurisdiction under Article 131 to decide a legal controversy between the governments. The Council can deal with any controversy whether legal or nonlegal, but its function is advisory unlike that of the court which gives a binding decision.
Statement 1 is correct. The Srinagar conclave of the Inter-State Council arrived at a consensus on preventing the misuse of Article 356. The ISC finally arrived at a conclusion that the report of the National Commission to Review the Working of the Constitution (NCRWC) must be implemented. The NCRWC clearly recommended that (a) Article 356 should not be deleted; but it must he used sparingly and it should be used only as a remedy of the last resort; and after exhausting action under other Articles like 256, 257 and 355.
Statement 2 is correct. The following disputes are within the scope of Inter-state council
• It can enquire into and advise upon disputes which may arise between states
• It can investigate and discuss the common interest subjects of center and states but can’t discuss Centrestates disputes.
• It can make recommendations upon any subject for the better co-ordination of policy and action on it.
Statement 3 is correct. The issue of delay in state bills referred for President’s consideration was discussed in ISC. Th ISC decided that there should be time-bound clearance of Bills referred. The Bills should not be reserved for President’s consideration in a routine manner. For this, Sarkaria Commission recommendations on the subject should be followed.
#34. Receipts from which of the following are the major sources of non-tax revenues of the states?
1. Receipts from fi sheries
2. Excise duties on liquor
3. Royalties from mines
4. Receipts from forests
5. Receipts from State PSEs (Public Sector Enterprises)
Select the correct answer using the code given below:
Tax revenue is charged on income earned by an individual or an entity (direct tax) and on the value of transaction of goods and services (indirect tax). On the other hand, non-tax revenue is charged against services provided by the government. It also includes interest charged on loans advanced by the government for various purposes. It is compulsory to pay a part of the income earned/generated and amount of goods and services consumed as tax. However, non-tax revenue becomes payable only when services offered by the government are availed.
Option 1, 3, 4 and 5 are correct. The major sources of non-tax revenues of the state are all receipts other than taxes and capital receipts from debt issues or asset sales. Fees charged by state government for particular services and commodities provided by it, forms a major nonrevenue source of income for the state government.
For example, the receipts from irrigation, forests, Fisheries, State Public sector enterprises and escheat and lapse, royalties from mines and mineral concession fees.
Option 2 is incorrect. Excise duty on alcohol is the tax source of revenue for the states, and not a non-tax revenue.
#35. With reference to the Indian Independence Act (1947), which of the following statements are correct?
1. It granted freedom to the Indian princely states either to join the Dominion of India or Pakistan or to remain independent.
2. It designated the Governor-General of India and the provincial governors as constitutional (nominal) heads of the states.
3. The act empowered the Constituent Assembly to abrogate or alter any law made by the British Parliament in relation to India.
Select the correct answer using the code given below:
On June 3, 1947, Lord Mountbatten, the Viceroy of India, put forth the partition plan, known as the Mountbatten Plan. The plan was accepted by the Congress and the Muslim League. It was enacted as the Indian Independence Act (1947). It ended the British rule in India and declared India as an independent and sovereign state from August 15, 1947.
Statement 1 is correct. It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent.
Statement 2 is correct. It designated the GovernorGeneral of India and the provincial governors as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters.
Statement 3 is correct. It empowered the Constituent Assemblies of the two dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British Parliament, including the Independence act itself.
#36. Consider the following pairs of features of the Indian constitution and their sources:
Which of the pairs given above is/are correctly matched?
The Constitution of India has borrowed many features from other countries.
Pair 1 is incorrectly matched. Cabinet system is derived from the British constitution. Other features borrowed from British constitution – Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism.
Pair 2 is correctly matched. Vesting of residual powers in the Centre are derived from the Canadian constitution.
Pair 3 is incorrectly matched. Advisory jurisdiction of Supreme court is derived from the Canadian constitution. Other features borrowed from Canada – Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.
