Union Public Service Commission(UPSC) Previous Years Questions and Answers

1 .

Consider the following statements :

1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.

2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

Which of the statements given above is/are correct?

A)

1 only

B)

2 only

C)

Both 1 and 2

D)

Neither 1 nor 2

Correct Answer : Option (B) - 2 only

Note :

The 44th amendment of the Indian Constitution was significant as it removed partially the distortions that were introduced into the Constitution by 42. But it had no Proposal of an Article placing the election of the Prime Minister beyond judicial review.

A five judge Bench in the NJAC case, in a majority of 4:1 rejected the NJAC Act brought in by the 99th constitutional amendment by stating it as â€• unconstitutional and void. Justice Kehar stated that the expectation from the judiciary, to safeguard the rights of the citizens of this country, can only be ensured, by keeping it absolutely insulated and independent, from the other organs of governance and the Proposed NJAC violated the Independence of the Judiciary.

Year : 2019

Category : Polity

2 .

Consider the following statements :

1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.

2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India.

3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.

4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/ are correct?

A)

1 and 2

B)

3 only

C)

3 and 4 only

D)

1, 3 and 4

Correct Answer : Option (C) - 3 and 4 only

Note :

The motion to impeach a Judge of the Supreme Court of India can be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.

The Constitution of India does not defines and gives details of the term 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India which are the cretyeria for the impeachment of the Judges.

The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.

the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.

Note : Elimination of the option helps in getting the answers.

Year : 2019

Category : Polity

3 .

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

A)

Jawaharlal Nehru

B)

Lal Bahadur Shastri

C)

Indira Gandhi

D)

Morarji Desai

Correct Answer : Jawaharlal Nehru

Note : The first amendment to the Indian Constitution added the Ninth Schedule to it. It was introduced by the Nehru Government, on 10 May 1951 to address judicial decisions and pronouncements especially about the chapter on fundamental rights. Nehru was also very clear on the purpose behind the first amendment. The state wanted to pursue nationalisation, take away lands from the zamindars, re-distribute them, and make special provisions for the socially and economically backward.

Year : 2019

Category : Polity

4 .

Consider the following statements :

1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'.

2. The above-mentioned Act was amended five times.

3. The term 'Office of Profit' is well-defined in the Constitution of India.

Which of the statements given above is/ are correct?

A)

1 and 2 only

B)

3 only

C)

2 and 3 only

D)

1, 2 and 3

Correct Answer : Option (A) - 1 and 2 only

Note : Temporary suspension of disqualification in certain cases Under The Parliament (Prevention of Disqualification) Act, 1959 If a person being a member of Parliament who immediately before the commencement of this Act held an office of profit declared by any law repealed by this Act not to disqualify the holder thereof for being such member, becomes so disqualified by reason of any of the provisions contained in this Act, such office shall not, if held by such person for any period not exceeding beyond a period of six months from the commencement of this Act disqualify him for being a member of Parliament. It has been amended 5 times till date. The office of profit is not defined in the constitution. Rather its meaning is ascertained through Supreme Court judgments and Election Commission Guidelines.

Year : 2019

Category : Polity

5 .

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

A)

Third Schedule

B)

Fifth Schedule

C)

Ninth Schedule

D)

Twelfth Schedule

Correct Answer : Fifth Schedule

Note : The purpose of Scheduled Areas, as also recognised in several judgments, is to preserve the tribal autonomy, their culture and economic empowerment, to ensure social, economic and political justice, and preservation of peace and good governance. It is with this object in mind that the Constitution created the Fifth Schedule which has famously been called â€• A Constitution within a Constitution. Thus to safeguard cultural autonomy and empower the tribal the fifth schedule, the constitution defines the power of the transfer of the tribal land to private parties for mining.

Year : 2019

Category : Polity

6 .

Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India :

1. PVTGs reside in 18 States and one Union Territory.

2. A stagnant or declining population is one of the criteria for determining PVTG status.

3. There are 95 PVTGs officially notified in the country so far.

4. Irular and Kanda Reddi tribes are included in the list of PVTGs.

Which of the statements given above are correct?

A)

1, 2 and 3

B)

2, 3 and 4

C)

1, 2 and 4

D)

1, 3 and 4

Correct Answer : Option (C) - 1, 2 and 4

Note :

Particularly vulnerable tribal group (PVTG) (earlier: Primitive tribal group) is a government of India classification created with the purpose of enabling improvement in the conditions of certain communities with particularly low development indices.

The features of such a group include a pre-agricultural system of existence that is practice of hunting and gathering, zero or negative population growth, extremely low level of literacy in comparison with other tribal groups. PVTGs reside in 18 States and one Union Territory of Andaman and Nicobar islands. There are 75 PVTGs officially notified in the country so far.

The Konda Reddis designated PVTG are found in the Indian state of Andhra Pradesh and Irular are designated PVTG in the Indian state of Tamil Nadu.

Year : 2019

Category : Polity

7 .

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

A)

The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

B)

The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

C)

In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.

D)

State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.

Correct Answer : The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

Note : Article 142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc . The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

Year : 2019

Category : Polity

8 .

With reference to the Legislative Assembly of a State in India, consider the following statements :

1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.

2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

Which of the statements given above is/are correct?

A)

1 only

B)

2 only

C)

Both 1 and 2

D)

Neither 1 nor 2

Correct Answer : Option (A) - 1 only

Note :

Article 176(1) of the Constitution of India enjoins that the Governor shall Address both the Houses assembled together at the commencement of the first Session after each general election to the Assembly and at the commencement of the first session of each year and inform the Legislature of the causes of its Summons. The Address of the Governor contains a review of the activities and Achievements of the Government during the previous year and their policy with regard to important internal problems as well as a brief account of the programme of Government Business for the session.

The State legislature is a constitutional body and derives its power from the Constitution itself and not from the centre. Thus it is in its complete Sovereignty (Speaker has the complete responsibility of rules of procedure and conduct of business) to formulate any rule for the proper functioning of the business in the house within the constitutional premise.

Year : 2019

Category : Polity

9 .

Which Article of the Constitution of India safeguards one's right to marry the person of one's choice?

A)

Article 19

B)

Article 21

C)

Article 25

D)

Article 29

Correct Answer : Article 21

Note : The right to marry is a part of right to life under Article 21 of Indian Constitution. Right to marriage is also stated under Human Rights Charter within the meaning of right to start a family. The right to marry is a universal right and it is available to everyone irrespective of their gender. Various courts across the country have also interpreted right to marry as an integral part of right to life under Article 21. The SC has reaffirmed this in the recent ruling in the Hadiya Case.

Year : 2019

Category : Polity

10 .

Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?

A)

First Administrative Reforms Commission (1966)

B)

Rajamannar Committee (1969)

C)

Sarkaria Commission (1983)

D)

National Commission to Review the Working of the Constitution (2000)

Correct Answer : Sarkaria Commission (1983)

Note :

The first centre State relation commission, Sarkaria Commission voiced for the independency and neutral role of the governor in the states. In this back drop it recommended that the appointment of the governor has to be democratic which will lead to impartial functioning of the office. Recommendations on Appointment of Governor :

(i) should be an eminent person;

(ii) must be a person from outside the State;

(iii) must not have participated in active politics at least for some time before his appointment;

(iv) he should be a detached person and not too intimately connected with the local politics of the State;

(v) he should be appointed in consultation with the Chief Minister of the State, Vice-President of India and the Speaker of the Lok Sabha;

(vi) His tenure of office must be guaranteed and should not be disturbed except for extremely compelling reasons and if any action is to be taken against him he must be given a reasonable opportunity for showing cause against the grounds on which he is sought to be removed. In case of such termination or resignation of the Governor, the Government should lay before both the Houses of Parliament a statement explaining the circumstances leading to such removal or resignation, as the case may be;

(vii) After demitting his office, the person appointed as Governor should not be eligible for any other appointment or office of profit under the Union or a State Government except for a second term as Governor or election as Vice-President or President of India, as the case may be; and

(viii) At the end of his tenure, reasonable post-retirement benefits should be provided.

Year : 2019

Category : Polity