CDS (I) 2018 Exam: Indian Polity practice Qns. on Legislature, Executive & Judiciary
For the benefit of CDS (I) 2018 Exam aspirants, we are providing a set of ten practice questions on the Legislature, Executive & Judiciary. Answers along with detailed explanation will be useful for aspirants in answering the questions in the exam from these three topics.
The UPSC will conduct the CDS (I) 2018 Exam on 4 February 2018. The exam will have three papers – English, Elementary Mathematics and General Knowledge (GK).
In the GK Paper, the number of questions from Indian Polity is more compared to other components of the syllabus. For the benefit of CDS (I) 2018 Exam aspirants, we are providing a set of ten practice questions on the Legislature, Executive & Judiciary. Answers along with detailed explanation will be useful for aspirants in answering the questions in the exam from these three topics.
1. A writ issued to secure the release of a person found to be detained illegally is
(b) Habeas Corpus
Answer. (b) Habeas Corpus
Habeas Corpus is a Latin term, which literally means “You should have the body”. The writ is issued to a produce a person before a Court who has been detained or imprisoned and not produced before the magistrate within 24 hours whether in prison or private custody and would release the person if such detention is found illegal. The purpose of the writ is not to punish the wrongdoer, but merely to release the person unlawfully detained. This writ can be issued only by the Constitutional Courts – Supreme Court and the High Court.
2. Which one of the following cannot be first introduced first in the Rajya Sabha?
(a) Constitutional Amendment
(b) CAG Report
(c) Annual Financial Statement
(d) Bill to alter the boundaries of any State
Answer. (c) Annual Financial Statement
Annual Financial Statement is a document presented to the Parliament every year under Article 112 of the Constitution of India. The Statement is also called as the Budget in normal parlance. It consists of estimated receipts and expenditures of the Government of India for the coming financial year. The budget also consists of revised estimates for the previous year and the actual amounts for the year prior to it.
3. A Money Bill passed by the Lok Sabha can be held up by the Rajya Sabha for how many weeks?
Answer. (a) Two
All money bills must be received by the Rajya Sabha within 14 days of the receipt. Rajya Sabha neither vote upon a money bill, but can only suggest amendments. However, in relation to ordinary legislation and even constitutional amendments, both the Lok Sabha and the Rajya Sabha have an equal say.
4. Which of the following are the powers of the Supreme Court of India?
1. Original jurisdiction in a dispute between the Government of India and one or more States
2. The power to hear appeals from the High Courts
3. Passing decrees and orders for doing justice in any matter before it
4. Render advice to the President of India in matters of law
Select the correct answer using the code given below.
(a) 1, 2, 3 and 4
(b) 1, 2 and 3 only
(c) 1 and 2 only
(d) 3 and 4 only
Answer. (a) 1, 2, 3 and 4
The Supreme Court of India is the apex court of the country and enjoys all the powers mentioned above. The Constitution of India bestows all these powers on the Supreme Court in various provisions. In fact, the Supreme Court is considered as second most powerful judicial body in the world in a democratic set up, next only to the federal court of the USA.
5. Which one of the following constitutional authorities inquires and decides in case of doubts and disputes arising out of the election of the President and Vice President of India?
(a) The Supreme Court of India
(b) The Election Commission of India
(c) The Parliamentary Committee
(d) The High Court of Delhi
Answer. (a) The Supreme Court of India
Article 71 of the Constitution Of India is as given below.
71. Matters relating to, or connected with, the election of a president or Vice President
(1) All doubts and disputes arising out of or in connection with the election of a president or vice President shall be inquired into and decided by the Supreme court whose decision shall be final
(2) If the election of a person as President or Vice President is declared void by the Supreme court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason of that declaration
(3) Subject to the provisions of this constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice President
(4) The election of a person as President or Vice President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.
6. Which one of the following is not true about the powers of the Supreme Court?
(a) The Supreme Court has original and exclusive jurisdiction in inter-governmental disputes.
(b) The Supreme Court has advisory jurisdiction on a question of law or fact which may be referred to it by the President of India.
(c) The Supreme Court has the power to review its own judgment or order.
(d) The Supreme Court has the exclusive power to issue writs to protect the fundamental rights of the people.
Answer. (d) The Supreme Court has the exclusive power to issue writs to protect the fundamental rights of the people.
While the Supreme Court can issue writs under the Article 32, High Courts can issue them under the Article 226 of the Constitution. However, unlike the supreme court, the power of a high court to issue a writ goes beyond the ambit of fundamental rights. Article 226 states that High Court shall have power throughout the territories in relation to which it exercises jurisdiction to issue to any person or authority including in appropriate cases, any government, within those territories directions, orders, or writs.
7. After the general elections, the Pro tem Speaker is
(a) elected by the Lok Sabha
(b) appointed by the President of India
(c) appointed by the Chief Justice of the Supreme Court
(d) the senior most member of the Lok Sabha
Answer. (d) the senior most member of the Lok Sabha
After every election to the Lok Sabha, the President of India appoints the senior most members of the newly constituted house as the pro tem speaker who oversees the oath taking of new members and subsequent election of the speaker.
8. Which one of the following statements about the process of the Parliament to make new States is not correct?
(a) The Parliament may by law form a new State and alter the boundaries or names of existing States.
(b) A Bill to this effect cannot be introduced in the Parliament except on the recommendation of the President.
(c) A Bill to this effect may be referred by the President to the Legislature of the affected State.
(d) Such a law will fall under the purview of Article 368.
Answer. (d) Such a law will fall under the purview of Article 368.
Such a law doesn’t fall under the purview of Article 368 and, hence, requires a simple majority in a house to be approved. Article 4(2) states that – “No such law as aforesaid (it means Article 2 &3) shall be deemed to be an amendment of this Constitution for the purposes of article 368@”. It should be noted that the Article 2 and 3 deal with the creation of new states and alteration of boundaries of states.
9. Who among the following is/are the part of the Union Executive?
3. Council of Ministers
4. Attorney-General of India
5. Comptroller and Auditor General of India
Select the correct code:
a) 1, 2 and 3
b) 2, 3 and 4
c) 1,2,3 and 4
d) 1,2,3,4 and 5
Answer. (c) 1,2,3 and 4
As per the scheme of distribution of powers of the Constitution, the Comptroller and Auditor General of India (CAG) is not a part of the Union Constitution. It is an independent constitutional authority.
10. Consider the following statements.
1. To be appointed as a Governor, one must have completed the age of forty years.
2. The Chief Minister of a State administers the oath by the Governor.
Which of the above statements is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Answer. (d) Neither 1 nor 2
Article 157 mentions that – “No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years”.
Article 159 states that the oath or affirmation is administered by the Chief Justice of Concerned High Court or in his absence, the senior most judge of that court available.
To answer questions on above given topics, it is advisable to read the book on Indian Polity by Laxmikanth. The aspirants read about the functioning of the Union and State legislatures, role of Governor, rules related to civil servants, appointments in higher judiciary, etc.
Best wishes from Jagran Josh!!!