UPSC Static Quiz , 30th May 2023

Correct Answer: B
Statements 1 and 2 are correct. statement 3 is incorrect.
• Articles 214 to 231 in Part VI of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the high courts.
• The high court occupies the top position in the judicial administration of a state. In the Indian single integrated judicial system, the high court operates below the Supreme Court but above the subordinate courts. The judiciary in a state consists of a high court and a hierarchy of subordinate courts. Hence, statement 2 is correct.
• The institution of high court originated in India in 1862 when the high courts were set up at Calcutta, Bombay and Madras. In 1866, a fourth high court was established at Allahabad. In the course of time, each province in British India came to have its own high court. After 1950, a high court existing in a province became the high court for the corresponding state. Hence, statement 2 is correct.
• The Constitution of India provides for a high court for each state, but the Seventh Amendment Act of 1956 Authorised the Parliament to establish a common high court for two or more states or for two or more states and a union territory. The territorial jurisdiction of a high court is coterminus with the territory of a state. Similarly, the territorial jurisdiction of a common high court is co-terminus with the territories of the concerned states and union territory. Hence, statement 3 is incorrect.

Correct Answer: A
• Statements 1 and 3 are correct. The present Anti-Defection Law limits the size of Council of Ministers (through the 91st Amendment Act of 2003). The total number of ministers, including the Prime minister, in the Central Council of Ministers shall not exceed 15 per cent of the total strength of the Lok Sabha (Article 75).
• The total number of ministers, including the Chief Minbister, in the Council of Ministers in a state shall not exceed 15 per cent of the total strength of the Legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12 (Article 164).
• Statement 2 is incorrect. At present the Anti-Defection Law does not provide protection on grounds of split. The provision of Anti-Defection Law pertaining to exemption from disqualification in case of split by one-third members of legislative party have been deleted.
• Statement 3 is correct. The Anti-Defection law disquilfies nominated members of a house for joining a political party after six months of taking their seats. They can join a political party without attracting defection within the six months period.

Correct Answer: B
• Statement 3 is correct. Statements 1 and 2 are incorrect. As per Aticle 280 of the Constitution, the Finance Commission consists of a chairman and four other members to be appointed by the president. They hold office for such period as specified by the president in his order. Hence, statement 1 is incorrect.
• Statement 2 is incorrect. The Constitution authorises the Parliament to determine the qualifications of members of the commission and the manner in which they should be selected. Accordingly, the Parliament has specified the qualifications of the chairman and members of the commission. The chairman should be a person having experience in public affairs and the four other members should be selected from amongst the following:
1. A judge of high court or one qualified to be appointed as one.
2. A person who has specialised knowledge of finance and accounts of the government.
3. A person who has wide experience in financial matters and in administration.
4. A person who has special knowledge of economics.
• Statement 3 is correct. The chairman and four other members of the Finance Commission are eligible for reappointment.

Correct Answer: C
Statements 1 and 2 are correct. statement 3 is incorrect.
• The 73rd Constitutional Amendment act provides for a three-tier (the village, intermediate, and district levels) system of panchayati raj in every state. But, a state having a population not exceeding 20 lakh may not constitute panchayats at the intermediate level. Hence, statement 3 is incorrect.
• This act has added a new Part-IX to the Constitution of India. This part is entitled as ‘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. This schedule contains 29 functional items of the panchayats. It deals with Article 243-G. Hence, statements 1 and 2 are correct.
• The act gives a constitutional status to the panchayati raj institutions. It has brought them under the purview of the justiciable part of the Constitution. In other words, the state governments are under constitutional obligation to adopt the new panchayati raj system in accordance with the provisions of the act. Consequently, neither the formation of panchayats nor the holding of elections at regular intervals depend on the will of the state government any more.

Correct Answer: A
• Statement 3 is correct. The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court are determined from time to time by the Parliament. They cannot be changed to their disadvantage after their appointment except during a financial emergency. Thus, the conditions of service of the judges of the Supreme Court remain same during their term of Office. Hence, statement 1 is incorrect.
• Statement 2 is incorrect. The retired judges of the Supreme Court are prohibited from pleading or acting in any Court or before any authority within the territory of India. This ensures that they do not favour any one in the hope of future favour. But, at any time, the chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period. He can do so only with the previous consent of the president and also of the person to be so appointed. Such a judge is entitled to such allowances as the President may determine. He will also enjoy all the jurisdiction, powers and privileges of a judge of the Supreme Court. But, he will not otherwise be deemed to be a judge of the Supreme Court.
• Statement 3 is correct. The Supreme Court can punish any person for its contempt. Thus, its actions and decisions cannot be criticised and opposed by any body. This power is vested in the Supreme Court to maintain its authority, dignity and honour.