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vision ias test series | vision ias test series 2024 pdf TEST 4

vision ias test series 2024 pdf TEST 4

Q.1 Consider the following statements with respect to the Supreme Court of India:

  1. The Supreme Court of India was inaugurated with the commencement of the constitution.
  2. After independence, Supreme Court replaced the British Privy Council as the highest court of appeal. Which of the statements given above is/are correct?
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Answer:

  • Unlike the American Constitution, the Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the high courts below it. Under a high court (and below the state level), there is a hierarchy of subordinate courts: district courts and other lower courts.
  • This single system of courts, adopted from the Government of India Act of 1935, enforces both central and state laws.
  • In the USA, on the other hand, federal laws are enforced by the federal judiciary and state laws are enforced by the state judiciary. There is thus a double system of courts in the USA–one for the centre and the other for the states.
  • To sum up, although a federal country like the USA, India has a unified judiciary and one system of fundamental law and justice.
  • The Supreme Court of India was inaugurated on January 28, 1950, and the date of the commencement of the Indian Constitution is 26 January 1950. Hence, statement 1 is not correct.
  • It succeeded the Federal Court of India, established under the Government of India Act of 1935. However, the jurisdiction of the Supreme Court is greater than that of its predecessor. This is because the Supreme Court has replaced the British Privy Council as the highest court of appeal. Hence, statement 2 is correct.
  • Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the Supreme Court. The Parliament is also authorised to regulate them.

Q.2: With reference to the role played by the President of India in the Parliament, consider the following statements:

  1. He may nominate two members of the Lok sabha having special knowledge in literature, science, art, and social service.
  2. He lays the reports of the Comptroller and Auditor General before the Parliament.
    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

Answer:

  • The President is an integral part of the Parliament of India, and enjoys the following legislative powers.
  1. He nominates 12 members of the Rajya Sabha from amongst persons having special knowledge or practical experience in literature, science, art and social service. Hence, statement 1 is not correct.
  2. Earlier, he could nominate two members to the Lok Sabha from the Anglo- Indian Community. But, the Constitutional (104th Amendment) Act, 2019 effectively abolished the practice of the President of India (Governor in the states) nominating two members of the Anglo-Indian Community (one in the state) on the recommendation of the Prime Minister of India (CM in states).
  3. He lays the reports of the Comptroller and Auditor General, Union Public Service Commission, Finance Commission, and others, before the Parliament. Hence, statement 2 is correct.
  4. He can summon or prorogue the Parliament and dissolve the Lok Sabha. He can also summon a joint sitting of both the Houses of Parliament, which is presided over by the Speaker of the Lok Sabha.
  5. He can address the Parliament at the commencement of the first session after each general election and the first session of each year
  6. He can send messages to the Houses of Parliament, whether with respect to a bill pending in the Parliament or otherwise.

Q.3: Consider the following statements regarding International Health Regulations (IHR), 2005:

  1. It is a framework to build the capability to detect and report potential public health emergencies worldwide.
  2. It is legally binding on all WHO member states.
    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

Answer:

  • While disease outbreaks and other acute public health risks are often unpredictable and require a range of responses, the International Health Regulations (2005) (IHR) provide an overarching legal framework that defines countries’ rights and obligations in handling public health events and emergencies that have the potential to cross borders.
  • The IHR are an instrument of international law that is legally binding on 196 countries, including the 194 WHO Member States. Hence statement 2 is correct.
  • The International Health Regulations (IHR) 2005 is an agreement of countries to build the capability to detect and report potential public health emergencies worldwide. IHR require that all countries have the ability to detect, assess, report, and respond to public health events. Hence statement 1 is correct.
  • They create rights and obligations for countries, including the requirement to report public health events. The Regulations also outline the criteria to determine whether or not a particular event constitutes a “public health emergency of international concern”.

Q.4: With reference to the state council of ministers, consider the following statements:

  1. The Constitution does not specify the maximum strength of the state council of ministers.
  2. The advice tendered by the council of ministers to the Governor shall not be inquired into in any court.
    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

Answer:

  • The Constitution does not specify the size of the state council of ministers or the ranking of ministers. They are determined by the chief minister according to the exigencies of the time and requirements of the situation.
  • However, the 91st Amendment to the Constitution (2003) inserted a new article to Article 164 i.e. Article 164(1A) which states that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen percent of the total number of members of the Legislative Assembly of that State; provided that the number of Ministers, including Chief Minister in a State, shall not be less than twelve. Hence, statement 1 is not correct.
  • Like at the Centre, in the states too, the council of ministers consists of three categories of ministers, namely, cabinet ministers, ministers of state, and deputy ministers. The difference between them lies in their respective ranks, emoluments, and political importance. At the top of all these ministers stands the chief minister–the supreme governing authority in the state.
  • The cabinet ministers head the important departments of the state government like home, education, finance, agriculture, and so forth. They are members of the cabinet, attend its meetings and play an important role in deciding policies. Thus, their responsibilities extend over the entire gamut of state government.
  • The ministers of state can either be given independent charge of departments or can be attached to cabinet ministers. However, they are not members of the cabinet and do not attend the cabinet meetings unless specially invited when something related to their departments is considered by the cabinet.
  • Next in rank are the deputy ministers. They are not given independent charge of departments. They are attached to the cabinet ministers and assist them in their administrative, political and parliamentary duties. They are not members of the cabinet and do not attend cabinet meetings.
  • At times, the council of ministers may also include a deputy chief minister. The deputy chief ministers are appointed mostly for local political reasons.
  • The advice tendered by Ministers to the President shall not be inquired into in any court. Hence, statement 2 is correct.

Q.5: Which of the following countries are bordering Lake Victoria?

  1. Tanzania
  2. Uganda
  3. Rwanda
  4. Kenya
    Select the correct answer using the code given below.
    (a) 1, 2 and 3 only
    (b) 2, 3 and 4 only
    (c) 1, 2 and 4 only
    (d) 1, 3 and 4 only

Answer:

  • Recently, the Centre for Science and Environment and National Environment Management Council (NEMC), Tanzania have jointly released a report on managing the water quality of Lake Victoria.
  • Lake Victoria, also called Victoria Nyanza, largest lake in Africa and the chief reservoir of the Nile. It is the second-largest freshwater lake in the world after lake Superior. Lake Victoria has been suffering from a variety of unsustainable human activities over the last five decades.
  • Lake Victoria and its flora and fauna support the livelihoods of about 45 million people. The ecologically unique water body is shared by three countries — Tanzania (51 per cent), Uganda (44 per cent) and Kenya (5 per cent). Hence option (c) is the correct answer.

Q.6: In the context of the Indian Constitution, which of the following contains provisions related to local self-government in India?

  1. Part IX
  2. Part III
  3. Article 324
  4. Part IV
  5. Article 280
    Select the correct answer using the code given below.
    (a) 1, 4 and 5 only
    (b) 2, 3 and 5 only
    (c) 3, 4 and 5 only
    (d) 1, 2, 3 and 4 only

Answer:

  • The term Panchayati Raj in India signifies the system of rural local self-government. It has been established in all the states of India by the Acts of the state legislatures to build democracy at the grass root level. It is entrusted with rural development. It was constitutionalized through the 73rd Constitutional Amendment Act of 1992. This act has added a new Part-IX to the Constitution of India. This part is entitled ‘The Panchayats’ and consists of provisions from Articles 243 to 243 O. In addition, the act has also added a new Eleventh Schedule to the Constitution. Hence option 1 is correct.
  • Article 40 of the constitution under Directive Principles of State Policy (part IV) states that the State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. Hence option 4 is correct.
  • Under Article 280, the Finance Commission is entrusted with the duty to give recommendations on the measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats and the municipalities in the state on the basis of the recommendations made by the state finance commission. Hence option 5 is correct.
  • Under Article 324, the Election Commission of India has the responsibility of the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice President. For elections of the Panchayati Raj institutions, a separate State Election Commission has to be set up. Hence option 3 is not correct.
  • The Fundamental Rights are enshrined in Part III of the Constitution (Articles 12-35). They have no express provisions regarding the Panchayati Raj institutions. Hence, option 2 is not correct.
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Q.7: Consider the following statement with reference to None of the Above (NOTA):

  1. The votes polled against the NOTA option are counted in total valid voters polled by the contesting candidates for the purpose of the return of security deposits to candidates.
  2. Even if the NOTA votes are more than the number of votes polled by any of the candidates, the candidate who secures the largest number of votes has to be declared elected.
    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

Answer :

  • According to the directions of the Supreme Court, the Election Commission made provision in the ballot papers/EVMs for the None of the Above (NOTA) option so that the voters who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote for such candidates while maintaining the secrecy of their ballot. The provision for NOTA has been made since the General Election to State Legislative Assemblies of Chhattisgarh, Madhya Pradesh, Mizoram, NCT of Delhi and Rajasthan in 2013 and continued in the General Election to State Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim in 2014 along with the General Elections to the Sixteenth Lok Sabha (2014).
  • The votes polled against the NOTA option are not taken into account for calculating the total valid voters polled by the contesting candidates for the purpose of the return of security deposits to candidates. Even if the number of electors opting for NOTA options is more than the number of votes polled by any of the candidates, the candidate who secures the largest number of votes has to be declared elected. Hence, statement 1 is not correct and statement 2 is correct.
  • In 2001, the ECI sent a proposal to the Government to amend the law so as to provide for a neutral vote provision for the electors who did not wish to vote for any of the candidates. In 2004, PUCL (People’s Union for Civil Liberties) filed a petition seeking a direction to provide the necessary provision in ballot papers and EVMs for the protection of the right to not vote for any candidate, secretly. The Supreme Court in 2013 held that the ECI may provide for the None of the Above (NOTA) option on EVMs and ballot papers.

Q.8: Which of the following have been explicitly mentioned in the Constitution as a ground for disqualification for being elected as a member of parliament?

  1. Holds any office of profit under the Union or state government.
  2. Undischarged insolvent
  3. Punished for preaching and practicing social crimes such as untouchability, dowry, and Sati.
    Select the correct answer using the code given below.
    (a) 1 and 3 only
    (b) 1 and 2 only
    (c) 2 and 3 only
    (d) 1, 2 and 3

Answer :

  • Under the Constitution, a person shall be disqualified for being elected as a member of Parliament:
  1. if he holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament). Hence option 1 is correct.
  2. if he is of unsound mind and stands so declared by a court.
  3. if he is an undischarged insolvent. Hence option 2 is correct.
  4. if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state; and
  5. if he is so disqualified under any law made by Parliament.
  • The Parliament has laid down the following additional disqualifications in the Representation of People Act (1951):
  1. He must not have been found guilty of certain election offences or corrupt practices in the elections.
  2. He must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification.
  3. He must not have failed to lodge an account of his election expenses within the time.
  4. He must not have any interest in government contracts, works or services.
  5. He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
  6. He must not have been dismissed from government service for corruption or disloyalty to the State.
  7. He must not have been convicted for promoting enmity between different groups or for the offence ofbribery.
  8. He must not have been punished for preaching and practising social crimes such as untouchability, dowry and Sati. Hence, option 3 is not correct.

Q.9: Which one of the following statements is/are correct with reference to the speaker of the state legislative assembly?

  1. The speaker once elected resigns from his party membership.
  2. He can be removed by a resolution passed by a majority of all the then members of the assembly.
  3. He resigns by writing to the Deputy Speaker.
    Select the correct answer using the code given below.
    (a) 1 and 2 only
    (b) 2 and 3 only
    (c) 3 only
    (d) 1, 2 and 3

Answer :

  • Speaker of the Assembly
  • The Assembly elects the Speaker from amongst its members. Usually, the Speaker remains in office during the life of the Assembly. However, he vacates his office earlier in the following cases: If he ceases to be a member of the Assembly. If he resigns by writing to the Deputy Speaker. Hence statement 3 is correct.
  • If he is removed by a resolution passed by a majority of all the then members of the assembly. Such a resolution can only be moved after giving 14 days advance notice. Hence statement 2 is correct.
  • The powers of the Speaker of the Legislative Assembly are similar to those of the Lok Sabha.
  • The speaker after the election does not resign from party membership but he refrains from active politics. Hence statement 1 is not correct.

Powers and Function:

  • The important function of the speakers is to preside over the sessions of the Legislative assembly and to maintain order and discipline within the house.
  • The Speaker does not take part in the debate and usually does not vote except to break a tie.
  • When the assembly meets the speaker calls House to order to maintain discipline in the house.
  • He may adjourn the session or sitting of the House.
  • He may suspend or expel members of the House for unruly behavior.
  • Within the House, the Speaker is the master who decides whether a bill is a money bill or not. The Speaker’s decision cannot be challenged in the Court of Law. The Speaker of the Lok Sabha presides over the joint sessions of the Parliament. The constitution does not provide for joint sessions of the State Legislatures even where the State Legislatures are bicameral.

Deputy Speaker of Assembly

  1. The Deputy Speaker is also directly elected by the Assembly from amongst its members. He is elected after the election of the Speaker has taken place. Usually, he remains in office during the
  2. life of the Assembly. However, he vacates his office earlier in the following cases:
  3. If he ceases to be a member of the Assembly.
  4. If he resigns by writing to the Speaker.
  5. If he is removed by a resolution passed by a majority of all the then members of the assembly. Such a resolution can only be moved after giving 14 days advance notice.

Q.10: Who among the following can enjoy the privileges of the state legislature?

  1. Governor
  2. Advocate-general of the state
  3. State ministers
    Select the correct answer using the code given below.
    (a) 1 and 2 only
    (b) 3 only
    (c) 2 and 3 only
    (d) 1, 2 and 3

Answer:

Privileges of the state legislature (Article:194)

  1. Privileges of a state legislature are a sum of special rights, immunities, and exemptions enjoyed by the Houses of the state legislature, their committees, and their members. They are necessary in order to secure the independence and effectiveness of their actions. Without these privileges, the Houses can neither maintain their authority, dignity, and honor nor can protect their members from any obstruction in the discharge of their legislative responsibilities.
  2. The Constitution has also extended the privileges of the state legislature to those persons who are entitled to speak and take part in the proceedings of a House of the state legislature or any of its committees. These include the advocate-general of the state and state ministers.
  3. It must be clarified here that the privileges of the state legislature do not extend to the governor who is also an integral part of the state legislature. Hence option (c) is the correct answer.
  4. The privileges of a state legislature can be classified into two broad categories–those that are enjoyed by each House of the state legislature collectively, and those that are enjoyed by the members individually.
  5. Collective Privileges: The privileges belonging to each House of the state legislature collectively are:
    • It has the right to publish its reports, debates, and proceedings and also the right to prohibit others from publishing the same.
    • It can exclude strangers from its proceedings and hold secret sittings to discuss some important matters.
    • It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters.
    • It can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition, or imprisonment (also suspension or expulsion, in the case of members).
    • It has the right to receive immediate information on the arrest, detention, conviction, imprisonment, and release of a member.
    • It can institute inquiries and order the attendance of witnesses and send relevant papers and records.
    • The courts are prohibited to inquire into the proceedings of a House or its Committees.
    • No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer.

Individual Privileges: The privileges belonging to the members individually are:

▪ They cannot be arrested during the session of the state legislature and 40 days before the beginning and 40 days after the end of such session. This privilege is available only in civil cases and not in criminal cases or preventive detention cases.
▪ They have freedom of speech in the state legislature. No member is liable to any proceedings in any court for anything said or any vote given by him in the state legislature or its committees. This freedom is subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of the state legislature.
▪ They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when the state legislature is in session.

Q.11: Consider the following statements with respect to the jurisdiction of the Supreme Court of India:

  1. The supreme court has the discretion to grant special leave to appeal from a judgment or order of any non-military Indian court or tribunal.
  2. The supreme court may refuse to tender its advice on any question of law or fact of public importance as referred by the
    president.
  3. Supreme court is not bound by its previous decision and can depart from it in the interest of justice or community welfare.
    Which of the statements given above are correct?
    (a) 1 and 3 only
    (b) 2 and 3 only
    (c) 1 and 2 only
    (d) 1, 2 and 3

Answer :

JURISDICTION AND POWERS OF THE SUPREME COURT

The Constitution has conferred very extensive jurisdiction and vast powers on the Supreme Court.

  • It is not only a Federal Court like the American Supreme Court but also a final court of appeal like the British House of Lords (the Upper House of the British Parliament).
  • It is also the final interpreter and guardian of the Constitution and guarantor of the fundamental rights of the citizens. Further, it has advisory and supervisory powers.
  • Power of Judicial Review
    o Judicial review is the power of the Supreme Court to examine the constitutionality of legislative
    enactments and executive orders of both the Central and state governments. On examination, if they
    are found to be violative of the Constitution (ultra-vires), they can be declared illegal, unconstitutional
    and invalid (null and void) by the Supreme Court. Consequently, they cannot be enforced by the
    Government.
  • Constitutional Interpretation
    o The Supreme Court is the ultimate interpreter of the Constitution. It can give the final version of the
    spirit and content of the provisions of the constitution and the verbiage used in the constitution.
    o While interpreting the constitution, the Supreme Court is guided by a number of doctrines.
  • Other Powers
    Besides the above, the Supreme Court has numerous other powers:
    ▪ It decides the disputes regarding the election of the president and the vice president. In this regard, it has the original, exclusive and final authority.
    ▪ It enquires into the conduct and behaviour of the chairman and members of the Union Public Service Commission on a reference made by the president. If it finds them guilty of misbehaviour, it can recommend to the president for their removal. The advice tendered by the Supreme Court in this regard is binding on the President.
    ▪ It has the power to review its own judgement or order. Thus, it is not bound by its previous decision and can depart from it in the interest of justice or community welfare. Hence, statement 3 is correct.
    ▪ In brief, the Supreme Court is a self-correcting agency. For example, in the Kesavananda Bharati case (1973), the Supreme Court departed from its previous judgement in the Golak Nath case (1967).
    ▪ It is authorised to withdraw the cases pending before the high courts and dispose of them by itself. It can also transfer a case or appeal pending before one high court to another high court.
    ▪ Its law is binding on all courts in India. Its decree or order is enforceable throughout the country. All authorities (civil and judicial) in the country should act in aid of the Supreme Court.
    ▪ It has the power of judicial superintendence and control over all the courts and tribunals functioning in the entire territory of the country.
  • The Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by the Parliament.
  • Further, its jurisdiction and powers with respect to other matters can be enlarged by a special agreement between the Centre and the states.

Q.12: Consider the following statements regarding First Movers Coalition (FMC)

  1. It is a global initiative to decarbonize seven industrial sectors.
  2. India recently participated in the First Movers Coalition (FMC) Leadership Meeting of the World Economic Forum.
    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

Answer:

  • The First Movers Coalition is a global initiative harnessing the purchasing power of companies to decarbonize seven “hard to abate” industrial sectors that currently account for 30% of global emissions: Aluminium, Aviation, Chemicals, Concrete, Shipping, Steel, and Trucking; along with innovative Carbon Removal technologies. Hence statement 1 is correct.
  • The 50+ companies who make up the Coalition seek to send a powerful market signal to commercialize zero-carbon technologies. The First Movers Coalition’s unique approach assembles ambitious corporate purchasing pledges across the heavy industry and long-distance transport sectors responsible for a third of global emissions. For these sectors to decarbonize at the speed needed to keep the planet on a 1.5-degree pathway, they require low-carbon technologies that are not yet competitive with current carbon-intensive solutions but must reach commercial scale by 2030 to achieve net-zero emissions globally by 2050.
  • To jump-start the market, the coalition’s members commit in advance to purchasing a proportion of the industrial materials and long distance transportation they need from suppliers using near-zero or zerocarbon solutions, despite the premium cost.
  • India participated in the First Movers Coalition (FMC) Leadership Meeting of the World Economic Forum which deliberated on the world need for clean energy technologies to confront the climate crisis globally. Industry leaders appreciated India’s fight against COVID leveraging digital technologies and also expressed their appreciation for the Government partnering with industry in its fight. Hence statement 2 is correct.

Q.13: Consider the following statements:

  1. The subordinate judiciary has a strictly uniform organizational structure, nomenclature, and jurisdiction throughout India.
  2. The jurisdictions of Munsiff’s courts are determined by High Courts.
    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

Answer:

The organizational structure, jurisdiction, and nomenclature of the subordinate judiciary are laid down by the states. Hence, they differ slightly from state to state. Hence statement 1 is not correct.

  • For example, at the lowest level, on the civil side, is the Court of Munsiff, and on the criminal side, is the Court of Judicial Magistrate. The munsiff possesses limited jurisdiction and decides civil cases of small pecuniary stake. The judicial magistrate tries criminal cases which are punishable with imprisonment for a term of up to three years. In some metropolitan cities, there are city civil courts (chief judges) on the civil side and the courts of metropolitan magistrates on the criminal side
  • The Panchayat courts function in civil and criminal areas under various regional names like Nyaya Panchayat, Panchayat Adalat, Gram Kutchery, etc.
  • Munsiff’s courts are next-level civil courts, the jurisdictions of which are determined by High Courts. Hence statement 2 is correct.
  • Above Munsiffs are subordinate judges who have unlimited pecuniary jurisdiction and act as first appeals from munsiffs.

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