UPSC Static Quiz – Polity : 19 July 2024

UPSC Static Quiz – Polity : 19 July 2024 We will post 5 questions daily on static topics mentioned in the UPSC civil services preliminary examination syllabus. Each week will focus on a specific topic from the syllabus, such as History of India and Indian National Movement, Indian and World Geography, and more.We are excited to bring you our daily UPSC Static Quiz, designed to help you prepare for the UPSC Civil Services Preliminary Examination. Each day, we will post 5 questions on static topics mentioned in the UPSC syllabus. This week, we are focusing on Indian and World Geography.

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• Question 1 of 5 1. Question Consider the following statements. The original Indian Penal Code did not include the provisions related to Sedition. The original Indian Penal Code had the provisions related to Sedition. Sedition was incorporated into the Indian Penal Code as a response to the rising Wahabi movement. Which of the above statements is/are correct? a) 1 only b) 2 only c) 1, 3 d) 2, 3 Correct Solution: c) In the original Indian Penal Code, drafted in 1860, provision related to Sedition didn’t even exist (hence, the ‘A’ after Section 124, signifying a later amendment). It was incorporated into the code in the 1870s, as a response to the rising Wahabi movement. Incorrect Solution: c) In the original Indian Penal Code, drafted in 1860, provision related to Sedition didn’t even exist (hence, the ‘A’ after Section 124, signifying a later amendment). It was incorporated into the code in the 1870s, as a response to the rising Wahabi movement.

#### 1. Question

Consider the following statements.

• The original Indian Penal Code did not include the provisions related to Sedition.

• The original Indian Penal Code had the provisions related to Sedition.

• Sedition was incorporated into the Indian Penal Code as a response to the rising Wahabi movement.

Which of the above statements is/are correct?

Solution: c)

In the original Indian Penal Code, drafted in 1860, provision related to Sedition didn’t even exist (hence, the ‘A’ after Section 124, signifying a later amendment). It was incorporated into the code in the 1870s, as a response to the rising Wahabi movement.

Solution: c)

• Question 2 of 5 2. Question Consider the following statements. In India, no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence. The Constitution of India guarantees protection against double jeopardy. In India no law can be amended retrospectively. How many of the above statements is/are correct? a) Only one b) Only two c) All three d) None Correct Solution: b) Statement 3 is incorrect. Criminal laws cannot be amended retrospectively. Civil law can be amended retrospectively. For example, a tax can be imposed retrospectively. Article 20 of the Constitution guarantees protection against double jeopardy. Article 20(1) says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. Incorrect Solution: b) Statement 3 is incorrect. Criminal laws cannot be amended retrospectively. Civil law can be amended retrospectively. For example, a tax can be imposed retrospectively. Article 20 of the Constitution guarantees protection against double jeopardy. Article 20(1) says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

#### 2. Question

Consider the following statements.

• In India, no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence.

• The Constitution of India guarantees protection against double jeopardy.

• In India no law can be amended retrospectively.

How many of the above statements is/are correct?

• a) Only one

• b) Only two

• c) All three

Solution: b)

Statement 3 is incorrect.

Criminal laws cannot be amended retrospectively. Civil law can be amended retrospectively. For example, a tax can be imposed retrospectively.

Article 20 of the Constitution guarantees protection against double jeopardy. Article 20(1) says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

Solution: b)

Statement 3 is incorrect.

Criminal laws cannot be amended retrospectively. Civil law can be amended retrospectively. For example, a tax can be imposed retrospectively.

• Question 3 of 5 3. Question Consider the following statements regarding Recusal of Judges. Recusal of Judges implies that, when there is a conflict of interest, a judge can withdraw from hearing a case. The practice comes from the principle that nobody can be a judge in her own case. The Constitution provides the rules governing recusals. How many of the above statements is/are correct? (a) Only one (b) Only two (c) All three (d) None Correct Solution: b) Statement 3 is incorrect. Why does a judge recuse? When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case. The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case. The decision to recuse generally comes from the judge herself as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest. In some circumstances, lawyers or parties in the case bring it up before the judge. If a judge recuses, the case is listed before the Chief Justice for allotment to a fresh Bench. There are no formal rules governing recusals, although several Supreme Court judgments have dealt with the issue. Since there are no formal rules governing the process, it is often left to individual judges to record reasons for recusal. Some judges disclose the reasons in open court; in some cases, the reasons are apparent. Incorrect Solution: b) Statement 3 is incorrect. Why does a judge recuse? When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case. The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case. The decision to recuse generally comes from the judge herself as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest. In some circumstances, lawyers or parties in the case bring it up before the judge. If a judge recuses, the case is listed before the Chief Justice for allotment to a fresh Bench. There are no formal rules governing recusals, although several Supreme Court judgments have dealt with the issue. Since there are no formal rules governing the process, it is often left to individual judges to record reasons for recusal. Some judges disclose the reasons in open court; in some cases, the reasons are apparent.

#### 3. Question

Consider the following statements regarding Recusal of Judges.

• Recusal of Judges implies that, when there is a conflict of interest, a judge can withdraw from hearing a case.

• The practice comes from the principle that nobody can be a judge in her own case.

• The Constitution provides the rules governing recusals.

How many of the above statements is/are correct?

• (a) Only one

• (b) Only two

• (c) All three

Solution: b)

Statement 3 is incorrect.

Why does a judge recuse?

When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case.

The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case.

The decision to recuse generally comes from the judge herself as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest. In some circumstances, lawyers or parties in the case bring it up before the judge. If a judge recuses, the case is listed before the Chief Justice for allotment to a fresh Bench.

There are no formal rules governing recusals, although several Supreme Court judgments have dealt with the issue.

Since there are no formal rules governing the process, it is often left to individual judges to record reasons for recusal. Some judges disclose the reasons in open court; in some cases, the reasons are apparent.

Solution: b)

Statement 3 is incorrect.

Why does a judge recuse?

When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case.

The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case.

There are no formal rules governing recusals, although several Supreme Court judgments have dealt with the issue.

• Question 4 of 5 4. Question Consider the following statements. According to the Constitution of India, the regions of India are eligible to use any of the official languages of India for official purposes. The regional language can be adopted as an official language of India, if the Prime Minister deems that a large enough proportion of the population of India desires it. The parliament enacted the Official Languages Act, 1963, which provided for the continued use of English for official purposes along with Hindi, even after 1965. Which of the above statements is/are correct? a) 1, 2 b) 1, 3 c) 2, 3 d) 3 only Correct Solution: b) According to the Constitution the regions of India are eligible to use any of the official languages of India for official purposes. It also acknowledges the possibility of a regional language being adopted and becoming an official language of India, if the President deems that a large enough proportion of the population of India desires it. The parliament enacted the Official Languages Act, 1963, which provided for the continued use of English for official purposes along with Hindi, even after 1965. Incorrect Solution: b) According to the Constitution the regions of India are eligible to use any of the official languages of India for official purposes. It also acknowledges the possibility of a regional language being adopted and becoming an official language of India, if the President deems that a large enough proportion of the population of India desires it. The parliament enacted the Official Languages Act, 1963, which provided for the continued use of English for official purposes along with Hindi, even after 1965.

#### 4. Question

Consider the following statements.

• According to the Constitution of India, the regions of India are eligible to use any of the official languages of India for official purposes.

• The regional language can be adopted as an official language of India, if the Prime Minister deems that a large enough proportion of the population of India desires it.

• The parliament enacted the Official Languages Act, 1963, which provided for the continued use of English for official purposes along with Hindi, even after 1965.

Which of the above statements is/are correct?

Solution: b)

According to the Constitution the regions of India are eligible to use any of the official languages of India for official purposes. It also acknowledges the possibility of a regional language being adopted and becoming an official language of India, if the President deems that a large enough proportion of the population of India desires it.

The parliament enacted the Official Languages Act, 1963, which provided for the continued use of English for official purposes along with Hindi, even after 1965.

Solution: b)

The parliament enacted the Official Languages Act, 1963, which provided for the continued use of English for official purposes along with Hindi, even after 1965.

• Question 5 of 5 5. Question Consider the following statements. In Lok Sabha and state legislatures, the President and Governor respectively sets the date for the election of the Speaker. The Constitution specifies that the Speaker should be elected within 6 months from the formation of new Government. Usually, the Speaker comes from the ruling party. How many of the above statements is/are correct? a) Only one b) Only two c) All three d) None Correct Solution: b) Statement 2 is incorrect. The Constitution specifies offices like those of the President, Vice President, Chief Justice of India, and Comptroller and Auditor General of India, as well as Speakers and Deputy Speakers. Article 93 for Lok Sabha and Article 178 for state Assemblies state that these Houses “shall, as soon as may be”, choose two of its members to be Speaker and Deputy Speaker. The Constitution neither sets a time limit nor specifies the process for these elections. It leaves it to the legislatures to decide how to hold these elections. In Lok Sabha and state legislatures, the President/Governor sets a date for the election of the Speaker. The legislators of the respective Houses vote to elect one among themselves to these offices. Usually, the Speaker comes from the ruling party. In the case of the Deputy Speaker of Lok Sabha, the position has varied over the years. Incorrect Solution: b) Statement 2 is incorrect. The Constitution specifies offices like those of the President, Vice President, Chief Justice of India, and Comptroller and Auditor General of India, as well as Speakers and Deputy Speakers. Article 93 for Lok Sabha and Article 178 for state Assemblies state that these Houses “shall, as soon as may be”, choose two of its members to be Speaker and Deputy Speaker. The Constitution neither sets a time limit nor specifies the process for these elections. It leaves it to the legislatures to decide how to hold these elections. In Lok Sabha and state legislatures, the President/Governor sets a date for the election of the Speaker. The legislators of the respective Houses vote to elect one among themselves to these offices. Usually, the Speaker comes from the ruling party. In the case of the Deputy Speaker of Lok Sabha, the position has varied over the years.

#### 5. Question

Consider the following statements.

• In Lok Sabha and state legislatures, the President and Governor respectively sets the date for the election of the Speaker.

• The Constitution specifies that the Speaker should be elected within 6 months from the formation of new Government.

• Usually, the Speaker comes from the ruling party.

How many of the above statements is/are correct?

• a) Only one

• b) Only two

• c) All three

Solution: b)

Statement 2 is incorrect.

• The Constitution specifies offices like those of the President, Vice President, Chief Justice of India, and Comptroller and Auditor General of India, as well as Speakers and Deputy Speakers. Article 93 for Lok Sabha and Article 178 for state Assemblies state that these Houses “shall, as soon as may be”, choose two of its members to be Speaker and Deputy Speaker.

• The Constitution neither sets a time limit nor specifies the process for these elections. It leaves it to the legislatures to decide how to hold these elections. In Lok Sabha and state legislatures, the President/Governor sets a date for the election of the Speaker. The legislators of the respective Houses vote to elect one among themselves to these offices.

• Usually, the Speaker comes from the ruling party. In the case of the Deputy Speaker of Lok Sabha, the position has varied over the years.

Solution: b)

Statement 2 is incorrect.

• Usually, the Speaker comes from the ruling party. In the case of the Deputy Speaker of Lok Sabha, the position has varied over the years.

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