UPSC 2023 (Prelims) Questions (Set B)

Correct Answer :   The principle of natural justice

Note : * Natural Justice implies fairness, reasonableness, equity and equality. Natural Justice is a concept of Common Law and it is the Common Law world counterpart of the American concept of ‘procedural due process’.

* The principles of natural justice are firmly grounded under various Articles of the Constitution. With the introduction of the concept of substantive and procedural due process in Article 21 of the Constitution all that fairness which is included in the principles of natural justice can be read into Article 21 when a person is deprived of his life and personal liberty.

Hence, option (a) is correct.


Source : Legal Service India

Correct Answer : Option (A) - Statement-I

Note : Prisons'/'persons detained therein' is a “State-List” subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India.

Administration and management of prisons and prisoners is the responsibility of respective State Governments who are competent to take appropriate action in this regard. Hence, statement 1 is correct.

However, given the significance of prisons in the Criminal Justice System, the Ministry of Home Affairs has been providing regular guidance and support to the States and UTs on diverse issues relating to prison administration.

Under Prison act 1894, which governs the prisons, management and administration of prison falls in the domain of state governments. Hence statement 2 is correct.

Therefore, both Statement-1 and Statement-2 are correct and Statement-2 is the correct explanation for Statement-1.

Source : MHA

Correct Answer :   It defines and limits the powers of government.

Note : The chief purpose of a constitution is to establish the fundamental principles, structure, and functions of a government and to define the rights and freedoms of individuals within a country. Constitutions serve as the supreme law of the land and provide a framework for governance, ensuring the balance of power,protecting individual rights, and guiding the functioning of the state.

Hence, option (c) is correct.

Source : India

Correct Answer :   1st Amendment

Note : 1st Constitutional Amendment Act, 1951 :

* Issues involved in the cases included freedom of speech, acquisition of the Zamindari land, State monopoly of trade, etc

* Added three more grounds of restrictions on freedom of speech and expression: public order, friendly relations with foreign states and incitement to an offense. Also, it made the restrictions ‘reasonable’ and thus, justiciable in nature.

Hence, option (a) is correct.

Note: The question has been deleted by the commission.

Correct Answer : Option (A) - Only one

Note : * National Commission for Backward Classes (NCBC) was initially constituted by the Central Govt by the National Commission for Backward Classes Act, 1993 and so far the Commission had been reconstituted 7 times up to 2016. The National Commission for Backward Classes Act, 1993 has been repealed through the National Commission for Backward Classes (Repeal) Act, 2018. The Commission has been accorded Constitutional Status and constituted through “The Constitution (One Hundred and Second Amendment) Act, 2018” Act.

* The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.

* The National Consumer Disputes Redressal Commission (NCDRC), is a quasi-judicial commission in India which was set up in 1988 under the Consumer Protection Act of 1986.

* Law Commission of India is a non-statutory body and is constituted by a notification of the Government of India, Ministry of Law & Justice, Department of Legal Affairs with a definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.

Hence, option (a) is correct.

Source :

Correct Answer : Option (D) - None

Note : 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. Hence, statement 1 is not correct.

When an assembly is dissolved, the members cease to be qualified to vote in the presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election. Thus election to the president will not be postponed on the grounds that some Legislative Assemblies have been dissolved. Hence, statement 2 is not correct.

Assent to Bills: When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom Procedures in Financial Matters.

Hence, statement 3 is not correct.


Source : Drishti IAS

Correct Answer : Option (B) - Only two

Note : * Finance Bill is a Money Bill as defined under article 110(a) of the constitution.It is introduced as a part of Annual Financial Statement(Budget) under article 112.

* The Rajya Sabha has limited powers regarding the Money Bill. It cannot reject or amend the money bill after it is passed by the Lok Sabha and transmitted to the Rajya Sabha. It has to return the bill within 14 days with or without recommendations. It is at the discretion of Lok Sabha to accept or reject any or all of the recommendations made by the Rajya Sabha. Hence, statement 2 is correct.

* Finance bill, being subjected to all the conditions of Money bill, Rajya Sabha can only make recommendations on a finance bill. Rajya Sabha can not amend or reject finance bill(as also the case for Money bill). Hence, statement 1 is not correct.

* As a finance bill is a money bill so no joint sitting of the two houses is allowed with regard to a finance bill under Article 108. Hence statement 3 is not correct.

However, the commission might have considered this statement to be correct.

Correct Answer : Option (B) - Only two

Note : * Section 36C of the WLP 1972 says - The State Government may, where the community or an individual has volunteered to conserve wildlife and its habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices.

Correct Answer : Option (B) - Only two

Note : The term “Scheduled Areas” are those that are scheduled as such by a Presidential Order under Paragraph 6 (1) of the Fifth Schedule, which states: “In this Constitution, the expression ‘Scheduled Areas’ means such areas as the President may by order declare to be “Scheduled Areas”.

The specification of “Scheduled Areas” in relation to a Stateis by a notified order of the President, after consultation with the State Government concerned. The same applies in the case of any alteration, increase, decrease, incorporation of new areas, or rescinding any Orders relating to “Scheduled Areas”. Hence, statement 1 is correct.

The largest administrative unit forming the scheduled areas has been the district and the lowest the cluster of villages in the block. Hence, statement 2 is correct.

The Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas. Hence, statement 3 is not correct.

Source : EPW

Correct Answer : Option (C) - Statement-I is correct but Statement-II is incorrect

Note : In the past seven decades of constitutional jurisprudence on reservations, the Supreme Court of India has consistently referred to the notions of “efficiency” and “merit,” while adjudicating the validity of various reservation policies.

The Court has held in several judgments (Indra Sawhney andOthers v Union of India and Others 1993; M Nagaraj and Others v Union of India and Others 2006) that the reservation policies made under Article 16(4)1 of the Constitution would be limited by Article 335 (2) which provides for “maintenance of efficiency of administration,”. Hence, statement 1 is correct.

This was done while the Constitution does not define the term “efficiency of administration.” Hence, statement 2 is not correct.

While considering the claims of the Scheduled Castes (SCs) and the Scheduled Tribes (STs) in the making of appointments to public services and posts. This was done while the Constitution does not define the term “efficiency of administration.”

Hence, option (c) is correct.

Source : EPW