UPSC Static Quiz – Polity : 19 October 2024

UPSC Static Quiz – Polity : 19 October 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 about the scope of judicial review in India and the USA: The American Constitution explicitly mentions judicial review in its provisions. In India, judicial review is based on ‘procedure established by law,’ limiting the judiciary’s scope to evaluate the reasonableness of laws. The concept of ‘due process of law’ in the USA allows courts to declare laws void on both substantive and procedural grounds. Which of the above statements are correct? a) 1 and 2 only b) 2 and 3 only c) 1 and 3 only d) 1, 2, and 3 Correct Solution: b) The first statement is incorrect as the American Constitution does not explicitly mention judicial review. In India, judicial review is based on the ‘procedure established by law’ (Article 21), which limits the judiciary’s ability to evaluate the reasonableness of laws (Statement 2 is correct). On the other hand, in the USA, the judiciary follows ‘due process of law,’ allowing courts to examine both the procedural and substantive aspects of the law (Statement 3 is correct). Incorrect Solution: b) The first statement is incorrect as the American Constitution does not explicitly mention judicial review. In India, judicial review is based on the ‘procedure established by law’ (Article 21), which limits the judiciary’s ability to evaluate the reasonableness of laws (Statement 2 is correct). On the other hand, in the USA, the judiciary follows ‘due process of law,’ allowing courts to examine both the procedural and substantive aspects of the law (Statement 3 is correct).

#### 1. Question

Consider the following statements about the scope of judicial review in India and the USA:

• The American Constitution explicitly mentions judicial review in its provisions.

• In India, judicial review is based on ‘procedure established by law,’ limiting the judiciary’s scope to evaluate the reasonableness of laws.

• The concept of ‘due process of law’ in the USA allows courts to declare laws void on both substantive and procedural grounds.

Which of the above statements are correct?

• a) 1 and 2 only

• b) 2 and 3 only

• c) 1 and 3 only

• d) 1, 2, and 3

Solution: b)

The first statement is incorrect as the American Constitution does not explicitly mention judicial review. In India, judicial review is based on the ‘procedure established by law’ (Article 21), which limits the judiciary’s ability to evaluate the reasonableness of laws (Statement 2 is correct). On the other hand, in the USA, the judiciary follows ‘due process of law,’ allowing courts to examine both the procedural and substantive aspects of the law (Statement 3 is correct).

Solution: b)

• Question 2 of 5 2. Question Consider the following statements regarding the reasonable restrictions on Fundamental Rights: The Parliament has the sole authority to determine whether restrictions on Fundamental Rights are reasonable. Fundamental Rights cannot be restricted under any circumstances. Restrictions on Fundamental Rights are justified if they maintain public order, security, or morality. Which of the statements given above is/are correct? a) 3 only b) 1 and 2 only c) 2 only d) None of the above Correct solution: a) Statement 1 is incorrect. While Parliament can impose restrictions on Fundamental Rights, the judiciary has the authority to determine whether these restrictions are reasonable and necessary. The courts act as a check on legislative overreach, ensuring that any restrictions respect constitutional principles. Statement 2 is incorrect. Fundamental Rights can be restricted under specific circumstances such as public order, national security, or morality, provided the restrictions are reasonable. Statement 3 is correct. Restrictions on Fundamental Rights are justified in cases where they protect public order, security, or morality, as long as they pass the test of reasonableness. The balance between individual liberty and social control is a core aspect of India’s Fundamental Rights framework. Incorrect solution: a) Statement 1 is incorrect. While Parliament can impose restrictions on Fundamental Rights, the judiciary has the authority to determine whether these restrictions are reasonable and necessary. The courts act as a check on legislative overreach, ensuring that any restrictions respect constitutional principles. Statement 2 is incorrect. Fundamental Rights can be restricted under specific circumstances such as public order, national security, or morality, provided the restrictions are reasonable. Statement 3 is correct. Restrictions on Fundamental Rights are justified in cases where they protect public order, security, or morality, as long as they pass the test of reasonableness. The balance between individual liberty and social control is a core aspect of India’s Fundamental Rights framework.

#### 2. Question

Consider the following statements regarding the reasonable restrictions on Fundamental Rights:

• The Parliament has the sole authority to determine whether restrictions on Fundamental Rights are reasonable.

• Fundamental Rights cannot be restricted under any circumstances.

• Restrictions on Fundamental Rights are justified if they maintain public order, security, or morality.

Which of the statements given above is/are correct?

• b) 1 and 2 only

• d) None of the above

solution: a)

Statement 1 is incorrect. While Parliament can impose restrictions on Fundamental Rights, the judiciary has the authority to determine whether these restrictions are reasonable and necessary. The courts act as a check on legislative overreach, ensuring that any restrictions respect constitutional principles.

• Statement 2 is incorrect. Fundamental Rights can be restricted under specific circumstances such as public order, national security, or morality, provided the restrictions are reasonable.

Statement 3 is correct. Restrictions on Fundamental Rights are justified in cases where they protect public order, security, or morality, as long as they pass the test of reasonableness. The balance between individual liberty and social control is a core aspect of India’s Fundamental Rights framework.

solution: a)

• Statement 2 is incorrect. Fundamental Rights can be restricted under specific circumstances such as public order, national security, or morality, provided the restrictions are reasonable.

• Question 3 of 5 3. Question Consider the following statements regarding the definition of “State” under Article 12 of the Indian Constitution: Article 12 includes only statutory authorities in its definition of the “State.” A private entity performing public functions as an instrument of the state can fall within the meaning of the “State.” The term “State” under Article 12 covers both the Government and Parliament of India. Which of the statements given above is/are correct? a) 1 and 2 only b) 2 and 3 only c) 1 and 3 only d) None of the above Correct solution: b) Statement 1 is incorrect. Article 12 includes both statutory and non-statutory authorities. This means that even bodies that are not created by statute (like certain government-controlled corporations) can fall under the definition of “State.” Statement 2 is correct. The Supreme Court has held that private entities or agencies performing public functions as an instrument of the state can be considered part of the “State” under Article 12. This interpretation ensures that bodies discharging public duties are held accountable for violations of Fundamental Rights. Statement 3 is correct. The “State” includes the Government of India, the Parliament of India, as well as the government and legislature of states. Incorrect solution: b) Statement 1 is incorrect. Article 12 includes both statutory and non-statutory authorities. This means that even bodies that are not created by statute (like certain government-controlled corporations) can fall under the definition of “State.” Statement 2 is correct. The Supreme Court has held that private entities or agencies performing public functions as an instrument of the state can be considered part of the “State” under Article 12. This interpretation ensures that bodies discharging public duties are held accountable for violations of Fundamental Rights. Statement 3 is correct. The “State” includes the Government of India, the Parliament of India, as well as the government and legislature of states.

#### 3. Question

Consider the following statements regarding the definition of “State” under Article 12 of the Indian Constitution:

• Article 12 includes only statutory authorities in its definition of the “State.”

• A private entity performing public functions as an instrument of the state can fall within the meaning of the “State.”

• The term “State” under Article 12 covers both the Government and Parliament of India.

Which of the statements given above is/are correct?

• a) 1 and 2 only

• b) 2 and 3 only

• c) 1 and 3 only

• d) None of the above

solution: b)

• Statement 1 is incorrect. Article 12 includes both statutory and non-statutory authorities. This means that even bodies that are not created by statute (like certain government-controlled corporations) can fall under the definition of “State.”

• Statement 2 is correct. The Supreme Court has held that private entities or agencies performing public functions as an instrument of the state can be considered part of the “State” under Article 12. This interpretation ensures that bodies discharging public duties are held accountable for violations of Fundamental Rights.

• Statement 3 is correct. The “State” includes the Government of India, the Parliament of India, as well as the government and legislature of states.

solution: b)

• Statement 3 is correct. The “State” includes the Government of India, the Parliament of India, as well as the government and legislature of states.

• Question 4 of 5 4. Question Consider the following statements. In India, the Constitution gives the government the right to levy taxes on individuals and organisations. As per the Seventh Schedule of the Constitution, Union and the States have concurrent power of taxation. In India, any tax being charged has to be backed by a law passed by the state legislature or Parliament. 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. In India, the Constitution gives the government the right to levy taxes on individuals and organisations, but makes it clear that no one has the right to levy or charge taxes except by the authority of law. Any tax being charged has to be backed by a law passed by the legislature or Parliament. Taxes in India come under a three-tier system based on the Central, State and local governments, and the Seventh Schedule of the Constitution puts separate heads of taxation under the Union and State list. There is no separate head under the Concurrent list, meaning Union and the States have no concurrent power of taxation. Incorrect Solution: b) Statement 2 is incorrect. In India, the Constitution gives the government the right to levy taxes on individuals and organisations, but makes it clear that no one has the right to levy or charge taxes except by the authority of law. Any tax being charged has to be backed by a law passed by the legislature or Parliament. Taxes in India come under a three-tier system based on the Central, State and local governments, and the Seventh Schedule of the Constitution puts separate heads of taxation under the Union and State list. There is no separate head under the Concurrent list, meaning Union and the States have no concurrent power of taxation.

#### 4. Question

Consider the following statements.

• In India, the Constitution gives the government the right to levy taxes on individuals and organisations.

• As per the Seventh Schedule of the Constitution, Union and the States have concurrent power of taxation.

• In India, any tax being charged has to be backed by a law passed by the state legislature or Parliament.

How many of the above statements is/are correct?

• a) Only one

• b) Only two

• c) All three

Solution: b)

Statement 2 is incorrect.

In India, the Constitution gives the government the right to levy taxes on individuals and organisations, but makes it clear that no one has the right to levy or charge taxes except by the authority of law. Any tax being charged has to be backed by a law passed by the legislature or Parliament.

Taxes in India come under a three-tier system based on the Central, State and local governments, and the Seventh Schedule of the Constitution puts separate heads of taxation under the Union and State list. There is no separate head under the Concurrent list, meaning Union and the States have no concurrent power of taxation.

Solution: b)

Statement 2 is incorrect.

• Question 5 of 5 5. Question Consider the following statements regarding the Speaker of Lok Sabha. The Constitution of India has specified the qualifications for becoming Speaker. The salary of the Speaker is drawn from the Consolidated Fund of India. The speaker being in charge of the functioning of the House, is positioned as the Leader of Lok Sabha. How many of the above statements is/are correct? a) Only one b) Only two c) All three d) None Correct Solution: a) Only Statement 2 is correct. There are no specific qualifications for becoming Speaker, which means any member is entitled to be considered. However, the post of Speaker is distinct from other members in the House. From the placement of the Speaker’s chair in the House to his having a casting vote, from effectively being in charge of the functioning of the House to having crucial constitutional functions in dealing with disqualification of members — the Speaker is evidently perched as the Presiding Officer of Lok Sabha. The salary of the Speaker is drawn from the Consolidated Fund of India unlike for other MPs, which flow from a statute voted on by the House itself. Incorrect Solution: a) Only Statement 2 is correct. There are no specific qualifications for becoming Speaker, which means any member is entitled to be considered. However, the post of Speaker is distinct from other members in the House. From the placement of the Speaker’s chair in the House to his having a casting vote, from effectively being in charge of the functioning of the House to having crucial constitutional functions in dealing with disqualification of members — the Speaker is evidently perched as the Presiding Officer of Lok Sabha. The salary of the Speaker is drawn from the Consolidated Fund of India unlike for other MPs, which flow from a statute voted on by the House itself.

#### 5. Question

Consider the following statements regarding the Speaker of Lok Sabha.

• The Constitution of India has specified the qualifications for becoming Speaker.

• The salary of the Speaker is drawn from the Consolidated Fund of India.

• The speaker being in charge of the functioning of the House, is positioned as the Leader of Lok Sabha.

How many of the above statements is/are correct?

• a) Only one

• b) Only two

• c) All three

Solution: a)

Only Statement 2 is correct.

• There are no specific qualifications for becoming Speaker, which means any member is entitled to be considered. However, the post of Speaker is distinct from other members in the House.

• From the placement of the Speaker’s chair in the House to his having a casting vote, from effectively being in charge of the functioning of the House to having crucial constitutional functions in dealing with disqualification of members — the Speaker is evidently perched as the Presiding Officer of Lok Sabha.

• The salary of the Speaker is drawn from the Consolidated Fund of India unlike for other MPs, which flow from a statute voted on by the House itself.

Solution: a)

Only Statement 2 is correct.

• There are no specific qualifications for becoming Speaker, which means any member is entitled to be considered. However, the post of Speaker is distinct from other members in the House.

• The salary of the Speaker is drawn from the Consolidated Fund of India unlike for other MPs, which flow from a statute voted on by the House itself.

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