Daily Static MCQs Quiz for UPSC, IAS, UPPSC/UPPCS, MPPSC. BPSC, RPSC & All State PSC Exams
Subject : Polity
1. With reference to Curative Petition, consider the following statements:
1. The concept of "curative petitions" in Indian law draws
inspiration from American judicial rulings.
2. Curative petitions are typically adjudicated by judges in private chambers.
3. The Supreme Court is not obligated to consider every curative petition
submitted by convicts.
4. Filing a review petition in the Supreme Court is only permissible if a
curative petition has been rejected.
How many of the above statements are correct?
A) Only one
B) Only two
C) Only three
D) All four
Answer: (B)
Explanation:
- A curative petition in India is a legal remedy available under specific circumstances, typically following a final judgment from the Supreme Court. It allows a party adversely affected by the judgment to challenge it on grounds such as a violation of natural justice, lack of a fair hearing, fraud, or a conflict with legal and equitable principles.
- The introduction of curative petitions in India can be attributed to the landmark 2002 Supreme Court case of Rupa Ashok Hurra vs. Ashok Hurra & Another. This innovation serves to prevent the misuse of legal processes and correct egregious miscarriages of justice. Hence statement 1 is incorrect.
- Furthermore, Article 137 of the Indian Constitution supports the concept of curative petitions.
- Curative petitions are typically decided by judges in their chambers, unless there is a specific request for an open-court hearing. Hence statement 2 is correct
- The Supreme Court is not obligated to entertain every curative petition submitted by convicts, as it has emphasized the need for curative petitions to be rare and approached with caution. A curative petition must be supported by certification from a senior advocate, identifying substantial reasons for its consideration. It undergoes a review process by a panel of the three senior-most judges and the judges responsible for the original judgment, if available. Only when a majority of the judges deem it necessary will the petition be listed for hearing, preferably before the same Bench. Hence statement 3 is correct.
- A curative petition can be filed independently and does not require the prior dismissal of a review petition. The Supreme Court introduced curative petitions to ensure that its judgments do not result in miscarriages of justice. Hence statement 4 is incorrect.
2. In the context of India's Parliamentary Government, which of the following principles are institutionally implied?
1. Cabinet members are also members of Parliament.
2. Ministers retain their positions as long as they have the Parliament's
confidence.
3. The Head of State serves as the Cabinet's leader.
4. The government is accountable to Parliament and can be ousted by it.
How many of the above statements are correct?
A) Only one
B) Only two
C) Only three
D) All four
Answer: (C)
Explanation:
- The Constitution of India establishes a parliamentary system of government, both at the central level (Centre) and in the states. Articles 74 and 75 pertain to the parliamentary system at the Centre, while Articles 163 and 164 relate to the states. In a parliamentary system of government, the executive branch is accountable to the legislature for its actions and policies.
- Cabinet members in India are also members of Parliament, as India follows a parliamentary form of government. Therefore, Statement 1 is correct.
- Article 75 explicitly states that the council of ministers is collectively responsible to the Lok Sabha (the lower house of Parliament). This means that all ministers share joint responsibility with the Lok Sabha for their actions and decisions. When the Lok Sabha passes a vote of no confidence against the council of ministers, all ministers, including those from the Rajya Sabha (the upper house), must resign. Thus, Statement 2 is correct.
- In the parliamentary system, the President serves as the Head of State, while the Prime Minister (the head of the Cabinet) is the Head of Government. Therefore, Statement 3 is incorrect.
- The parliamentary system is often referred to as a 'responsible government' because the cabinet, which constitutes the actual executive branch, is answerable to Parliament. It remains in office as long as it enjoys the confidence of Parliament. The very essence of the parliamentary system establishes the concept of a responsible government. Thus, Statement 4 is correct.
3. Consider the following statements regarding the Parliament (Prevention of Disqualification) Act, 1959, and the concept of 'Office of Profit' :
1. The Parliament (Prevention of Disqualification) Act, 1959,
provides exemptions for various positions from disqualification based on 'Office
of Profit.'
2. The Act mentioned above has never been amended.
3. The Constitution of India offers a clear definition of the term 'Office of
Profit.'
How many of the statements are correct?
A) Only one
B) Only two
C) All three
D) None
Answer: (A)
Explanation:
- The legal definition of an "office of profit" is not explicitly provided in the law; instead, it has evolved through court interpretations. Essentially, it refers to a position held by an individual that provides them with financial gain, advantage, or benefit, irrespective of the amount of such profit. In the Pradyut Bordoloi vs. Swapan Roy case in 2001, the Supreme Court established that the test for determining whether a person holds an office of profit centers on the criteria of appointment. Various factors, such as the appointing authority being the government, the government's power to terminate the appointment, determination of remuneration by the government, the source of remuneration, and the authority associated with the position, are considered in this determination.
- According to Article 102(1) and Article 191(1) of the Indian Constitution, Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) are prohibited from holding an office of profit under the central or state government. However, the Parliament (Prevention of Disqualification) Act, 1959, contains exemptions for certain positions from disqualification. These include ministers of states and deputy ministers, parliamentary secretaries and parliamentary undersecretaries, deputy chief whips in parliament, and vice-chancellors of universities, among others. Hence statement 1 is correct.
- The Parliament (Prevention of Disqualification) Act, 1959, has undergone five amendments since its inception. These amendments occurred in the years 1960, 1992, 1993, 2006, and 2013. Hence statement 2 is incorrect.
- It's important to note that the term "Office of Profit" is not explicitly defined in either the Indian Constitution or the Representation of the People Act, 1951. Hence statement 3 is incorrect.
4. Consider the following statements:
Assertion (A): The judiciary in India operates
independently of the executive branch.
Reason (R): The judiciary's role is to uphold the law and provide
impartial justice, rather than favouring the government and facilitating the
execution of its policies.
Select the correct option from the following:
A) Both A and R are true and R is the correct explanation of A.
B) Both A and R are true but R is NOT the correct explanation of A.
C) A is true but R is false.
D) A is false but R is true.
Answer: (B)
Explanation:
- Assertion (A) correctly states that the judiciary in India operates independently of the executive branch. This is a fundamental principle of India's democratic system, enshrined in the Constitution, and is essential for maintaining the rule of law and upholding the rights and freedoms of citizens.
- Reason (R) is also accurate. The primary role of the judiciary is indeed to uphold the law and provide impartial justice. The judiciary's responsibility is to interpret and apply the law fairly and independently, ensuring that justice is served without any bias or favoritism, regardless of the government's policies or preferences.
- However, while both A and R are true, Reason (R) is not the correct explanation of Assertion (A). The independence of the judiciary is a constitutional mandate and a fundamental aspect of the democratic system, but this independence is not primarily defined by the judiciary's role in upholding the law and providing impartial justice. Instead, it is a broader principle aimed at preventing any undue influence or interference by the executive or legislative branches of government in the judiciary's functioning. While the impartial administration of justice is an essential outcome of judicial independence, it is not the explanation for the independence itself, which is based on the separation of powers, appointment processes, security of tenure, and other constitutional safeguards.
5. Which of the following initiatives have been introduced by NITI Aayog?
1. Mission Karma yogi
2. National Data Analytics Platform
3. Atal Innovation Mission
4. Shoonya-Zero-Pollution Mobility campaign
Select the correct answer using the code given below:
A. 1 and 3 only
B. 2, 3, and 4 only
C. 1 and 2 only
D. 1, 2, 3, and 4
Answer: (B)
Explanation:
- Mission Karma yogi: The Department of Personnel and Training (DoPT) envisions the "Mission Karma yogi" as a national program for civil services capacity building. It aims to address the evolving needs and aspirations of citizens. The program is designed to elevate the civil services through a national initiative led by a central body presided over by the Prime Minister. Therefore, Statement 1 is inaccurate.
- National Data and Analytics Platform (NDAP): NITI Aayog's flagship initiative, NDAP, aims to enhance access to and utilization of government data. NDAP is a user-friendly web platform that aggregates and hosts datasets from India's extensive statistical infrastructure. Its objective is to democratize data delivery by providing easy access to government datasets, implementing robust data-sharing standards, ensuring interoperability across India's data landscape, and offering user-friendly tools. Consequently, Statement 2 is correct.
- Atal Innovation Mission (AIM): The Indian government has established AIM within NITI Aayog to strengthen the nation's innovation and entrepreneurship ecosystem. AIM focuses on creating institutions and programs that stimulate innovation in schools, colleges, and among entrepreneurs. Therefore, Statement 3 is accurate.
- Shoonya — Zero-Pollution Mobility campaign: The "Shoonya — Zero-Pollution Mobility" campaign promotes the adoption of Electric Vehicles (EVs) for urban deliveries and ride-hailing services. This initiative envisions a transformative shift in the transportation sector by urgently transitioning to zero-emission vehicles. Hence, Statement 4 is correct.