Question 1

Consider the following statements:
I. Panchayats at the intermediate level exist in all States.
II. To be eligible to be a Member of a Panchayat at the intermediate level, a person should attain the age of thirty years.
III. The Chief Minister of a State constitutes a commission to review the financial position of Panchayats at the intermediate levels and to make recommendations regarding the distribution of net proceeds of taxes and duties, leviable by the State, between the State and Panchayats at the intermediate level.

Which of the statements given above are not correct?

Accepted Answer

I and III only. * Statement I is not correct: Article 243B of the Constitution of India provides for a three-tier system of Panchayati Raj, but states with a population not exceeding twenty lakhs (2 million) are not obligated to establish Panchayats at the intermediate level. * Statement II is not correct: As per Article 243F(1)(a) of the Constitution, the minimum age to be chosen as a member of a Panchayat is twenty-one years, not thirty years. * Statement III is not correct: Article 243-I mandates the Governor of a State—not the Chief Minister—to constitute a Finance Commission to review the financial position of the Panchayats.

Question 2

Consider the following statements:
I. If any question arises as to whether a Member of the House of the People has become subject to disqualification under the 10th Schedule, the President's decision in accordance with the opinion of the Council of Union Ministers shall be final.
II. There is no mention of the word 'political party' in the Constitution of India.

Which of the statements given above is/are correct?

Accepted Answer

Both I and II. * Statement I is not correct: Under Paragraph 6(1) of the Tenth Schedule, the authority to decide on defection disqualification cases rests with the Presiding Officer (Speaker/Chairman) of the House, not the President. * Statement II is not correct: While the original 1950 Constitution did not mention it, the term "political party" was explicitly introduced into the constitutional text by the 52nd Amendment Act of 1985 through the insertion of the Tenth Schedule.

Question 3

Consider the following statements:
I. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.
II. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned.

Accepted Answer

I only. * Statement I is correct: Unlike the President's framework, Article 163(1) of the Constitution explicitly states that there will be a Council of Ministers to aid and advise the Governor, except in matters where the Constitution requires the Governor to act at their own discretion. Article 163(2) confirms that the Governor's decision on what falls under their discretion is final. * Statement II is incorrect: Under Article 200, only the Governor of the state holds the constitutional authority to reserve a State Legislative Bill and forward it for the consideration of the President. The President cannot independently or suo motu take up a state bill without it being forwarded by the Governor.

Question 4

Consider the following statements: With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule:
I. the State Government loses its executive power in such areas and a local body assumes total administration
II. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor

Accepted Answer

Both I and II. * Statement I is incorrect: Paragraph 2 of the Fifth Schedule explicitly states that the executive power of a State extends to its Scheduled Areas. While special legislative authority is vested in the Governor and local governance is enhanced via PESA, the State Government does not cede its executive powers, nor does a local body assume absolute total administration. * Statement II is incorrect: Paragraph 3 of the Fifth Schedule permits the Union Government to issue binding administrative directives to the State regarding Scheduled Areas, but it contains no provision allowing the Center to take over total local administration. (A complete takeover of state administration requires the invocation of Article 356, which is an independent constitutional mechanism).

Question 5

Consider the following subjects under the Constitution of India:
I. List I-Union List, in the Seventh Schedule
II. Extent of the executive power of a State
III. Conditions of the Governor's office

For a constitutional amendment with respect to which of the above, ratification by the Legislatures of not less than one-half of the States is required before presenting the bill to the President of India for assent?

Accepted Answer

I and II only. * Subject I requires ratification: Under the proviso to Article 368(2), any amendment that alters or modifies "any of the Lists in the Seventh Schedule" explicitly requires ratification by at least half of the state legislatures, since it shifts the federal balance of power. * Subject II requires ratification: The proviso to Article 368(2) explicitly protects Articles 73 and 162, which dictate the extent of the executive powers of the Union and the States respectively. * Subject III does not require ratification: Amendments concerning the conditions of the Governor's office (Article 158) do not alter the core federal architecture listed under Article 368(2) and can be carried out by Parliament through a special majority alone. * Therefore, state ratification is required for subjects I and II only.

Question 6

With reference to the Indian polity, consider the following statements:
I. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office.
II. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
III. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.

Accepted Answer

I and III only. * Statement I is correct: Article 361(1) of the Constitution grants personal legal immunity to the Governor of a State, ensuring they are not answerable to any court for official actions or the performance of their constitutional duties. * Statement II is correct: Article 361(2) dictates that no criminal proceedings whatsoever can be instituted, processed, or continued against the Governor in any court during their official tenure of office. * Statement III is correct: Article 194(2) protects the freedom of speech of lawmakers within the legislature, ensuring that members of a State Legislature face no liability or judicial proceedings in court for anything said or voted during sessions.

Question 7

Who was the Provisional President of the Constituent Assembly before Dr. Rajendra Prasad took over?

Accepted Answer

T.T. Krishnamachari. * (d) Dr. Sachchidananda Sinha is correct: During the inaugural assembly meeting on December 9, 1946, Dr. Sachchidananda Sinha was elected as the temporary/provisional President of the Constituent Assembly because he was the oldest member present, following historical French parliamentary convention. Later, Dr. Rajendra Prasad was formally elected as the permanent President of the assembly.

Question 8

The North Eastern Council (NEC) was established by the North Eastern Council Act, 1971. Subsequent to the amendment of NEC Act in 2002, the Council comprises which of the following members?
1. Governor of the Constituent State
2. Chief Minister of the Constituent State
3. Three Members to be nominated by the President of India
4. The Home Minister of India

Accepted Answer

1, 2 and 3 only. * Following the North Eastern Council (Amendment) Act, 2002, the council serves as a regional planning body for eight states (Assam, Manipur, Meghalaya, Nagaland, Tripura, Arunachal Pradesh, Sikkim, and Mizoram). * Its statutory membership explicitly comprises the Governors of these constituent states, the Chief Ministers of these states, and three distinct members formally nominated by the President of India. The Home Minister is not a structural member added under this clause, making option (a) correct.

Question 9

Consider the following statements:
1. It is the Governor of the State who recognizes and declares any community of that State as a Scheduled Tribe.
2. A community declared as a Scheduled Tribe in a State need not be so in another State.

Accepted Answer

1 only. * Statement 1 is incorrect: Under Article 342(1) of the Constitution, it is the President of India who holds the sole authority to formally notify and specify a community as a Scheduled Tribe in relation to a State or Union Territory, after consultation with the Governor of that state. Any subsequent inclusions or exclusions must be enacted through a law passed by the Parliament under Article 342(2). * Statement 2 is correct: The notification list of Scheduled Tribes is entirely state-specific. Therefore, a community notified as a Scheduled Tribe within one particular state does not automatically hold that status or receive privileges in another state or UT.

Indian Polity: Executive Powers & Privileges PYQ.

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