UPSC Static Quiz, 6th February 2023

Correct Answer: D
Explanation
• Option D is the correct answer.
• Right to Information Act 2005 mandates timely response to citizen requests for information. It was amended in 2019 to change the conditions of services of CIC and ICs.
• Statement 1 is incorrect. RTI Act, 2005 provided that the Chief Information Commissioner (CIC) and Information Commissioners (ICs) (at the central and state level) will hold office for a term of five years.
• RTI (Amendment) Act, 2019 removed this provision and states that the central government will notify the term of office for the CIC and the ICs.
• Statement 2 is incorrect. RTI Act, 2005 provided that the salary of the CIC and ICs (at the central level) will be equivalent to the salary paid to the Chief Election Commissioner and Election Commissioners, respectively. Similarly, the salary of the CIC and ICs (at the state level) will be equivalent to the salary paid to the Election Commissioners and the Chief Secretary to the state government, respectively.
• RTI (Amendment) Act, 2019 removed these provisions and states that the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government.
• Statement 3 is incorrect. The RTI Act, 2005 states that at the time of the appointment of the CIC and ICs (at the central and state level), if they are receiving pension or any other retirement benefits for previous government service, their salaries will be reduced by an amount equal to the pension.
• The RTI (Amendment) Act, 2019 removed these provisions.

Correct Answer: B
Explanation
• Option B is the correct answer.
• The Vice President is a part of the Central Executive and has provisions dealing with it in Part V of the Indian Constitution Statement a is incorrect. The VP, like the President is elected through indirect elections. However, there are some major differences in the composition of the electoral college electing them both. In the election of the President, only the elected members of both the Houses of the Parliament as well as the
• Legislative Assemblies take part. However, in the election of the VP, both the elected as well as nominated members of both the Houses of the Parliament (not the Legislative Assemblies) take part.
• Statement B is correct. Any disputes related to the election of the VP are heard and decided by the Supreme Court only. And its verdict in the matter is final as well.
• This is unlike the cases regarding elections of MPs and MLAs, which are decided by the President and the Governor respectively, on the advice of the Election Commission.
• Statement C is incorrect. Unlike the process in America, in India, when the office of the
President falls vacant due to unforeseen circumstances like death, etc, The VP only “Acts” as the
President for the intermittent period, until someone else is duly elected as the President. This person may be the VP, but there is no provision for automatic succession of the VP as the President in case of a vacancy.

• Statement D is incorrect. A VP doesn’t need to be impeached. He may simply be removed from his office by the passage of a resolution to that effect by the members of the Rajya Sabha by an Effective Majority (Majority of all the then members in the House) (not simple Majority). It must be agreed to by the Lok Sabha.

Correct Answer: B
Explanation
• Option B is the correct answer.
• The concept of positive and negative liberty has been propounded by philosopher JS Mill.
• Statement 1 is incorrect. Negative liberty’ seeks to define and defend an area in which the
individual would be inviolable, in which he or she could ‘do, be or become’ whatever he or she
wished to ‘do, be or become’. This is an area in which no external authority can interfere. It is a
minimum area that is sacred and in which whatever the individual does, is not to be interfered
with. The existence of the ‘minimum area of non- interference’ is the recognition that human
nature and human dignity need an area where the person can act unobstructed by others. How
big should this area be, or what should it contain, are matters of discussion, and will continue to
be matters of debate since the bigger the area of non-interference the more the freedom.

• Statement 2 is correct. Positive liberty recognises that one can be free only in society (not
outside it) and hence tries to make that society such that it enables the development of the
individual. It is concerned with looking at the conditions and nature of the relationship between
the individual and society and of improving these conditions such that there are fewer constraints
to the development of the individual personality. The individual to develop his or her capability
must get the benefit of enabling positive conditions in material, political and social domains. That
is, the person must not be constrained by poverty or unemployment; they must have adequate
material resources to pursue their wants and needs.

Correct Answer: A
Explanation
• Option A is the correct answer.
• Professor K T Shah raised the proposal to include the word “Socialist” in the preamble. However, the amendment was negatived by constitution assembly.
• Option A is correct. According to Ambedkar, this proposal was rejected because “What should be the policy of the State, how the Society should be organised in its social and economic side are matters which must be decided by the people themselves according to time and circumstances. It cannot be laid down in the Constitution itself, because that is destroying democracy altogether.”
• Option B is incorrect. The term ‘Non-Alignment’ was used for the first time in 1950 at the United Nations by India and Yugoslavia, both of which refused to align themselves with either side in the multialliances involving Korean War. It was much after the constitution has been drafted. Also the movement began in 1960 at Belgrade Conference.
• Option C is incorrect. Although India didn’t had enough resources but it included socialistic
principles in Directive Principles of State Policy. The principles were made non-justiciable for the
lack of resources. It was hence not the reason to not include the word Socialist in the preamble.
Also the Congress (ruling party) in its 1953 Session passed the resolution of India adopting the
socialist policies in governance.

• Option D is incorrect. It is a random statement to confuse the candidate. There was no such vote from industrialist in the constitution assemble.

Correct Answer: C
Explanation
• Option C is the correct answer.
• The concept of constitutionalism is a mechanism that provides legitimacy to a democratic government. It cannot and should not be confused with the legality of the acts of the officials in a government setup. The essential features of constitutionalism are:
• Option A is incorrect. A written Constitution is no guarantee for Constitutionalism. Even Nazi Germany had a constitution but that does not mean that it adhered to the philosophy of Constitutionalism be it a negative or positive aspect of it. As the Supreme Court said in S.R. Chaudhuri v. State of Punjab (2001) “the mere existence of a constitution, by itself, does not ensure constitutionalism.
• Countries like Britain and New Zealand has no written documents as constitution but they have fine tradition of constitutionalism.
• Option B is incorrect. Doctrine of Basic Structure is an Indian concept given by Supreme Court.
It helps in restricting the amendments in constitution by curtailing the amending power of
parliament. However, countries having no such doctrine are also following constitutionalism and
also there is enough scope with this doctrine to go against constitutionalism. It prevents the overreaching of the power by the parliament but is not most essential feature.

• Option C is correct. Louis Henkin defines constitutionalism as constituting the following elements:
I. government according to the constitution;
II. separation of power;
III. sovereignty of the people and democratic government;
IV. constitutional review;
V. independent judiciary;
VI. limited government subject to a bill of individual rights;
VII. controlling the police;
VIII. civilian control of the military; and
IX. no state power, or very limited and strictly circumscribed state power, to suspend the operation of some parts of, or the entire, constitution.
• Limited government is when it follows constitutional morality and exercise power in limited manner.
• Option D is incorrect. Multi-Party system is not the essential feature of constitutionalism. Countries generally having two-party system like United States also follow constitutionalism. Constitutionalism doesn’t depend on the number of parties operating in any state.

Correct Answer: A
Explanation
• Option A is the correct answer.
• There have been several doctrines emerged in the legal process explaining various situations.
Some of these are explained below:
• Option A is correct. It is the Concept of Doctrine of Eminent Domain. It is a concept in the American
• Constitution. It is the acquisition of private property by the state for a public purpose with paying certain amount of compensation.
• Initially when India got Independence, the legislature to abolish the Zamindari System, enacted various laws through which it took the property from various land holder and used it for public purpose. Many a times mala-fide intention can be seen achieved through this doctrine,
• There are two essentials of the Doctrine of Eminent Domain: Property is taken for public use; and
• Compensation is paid for the property taken. In Indian Constitution, Entry 42 of List III speaks about ‘acquisition and requisitioning of property’. In the case of State of Bihar Vs. Kameshwar Singh, Supreme
• Court defined eminent Domain as ‘the power of a sovereign to take property for public use without the owner’s consent upon making just compensation’.
• Option b is incorrect. It is Doctrine of Laches. Laches means delay. It is based on the maxim that “equity aids the vigilant and not those who slumber on their rights. It means that a legal right or claim will not be upheld or permitted if a long delay in asserting the right or claim has prejudiced the adverse party.
• Anybody who wants remedy must come within a reasonable time before the court.
• Option C is incorrect. It is the Doctrine of Colorable legislation. It is based upon the doctrine of power separation. Separation of power mandates to strike power of balance between different state components. It is based on the maxim that “what cannot be done directly, cannot also be done indirectly”.
• This doctrine of colourable legislation is applied when a Legislature does not have the right to make law upon a particular subject but indirectly makes one. The Court has laid down certain tests for discovering whether any particular Act constitutes colorable legislation
• Option D is incorrect. It is Doctrine of Territorial Nexus. In order to give effect to the laws made
by a state for extraterritorial purpose, a nexus between the object and state must be shown. The
state legislature has the jurisdiction to make laws within its territorial jurisdiction. Territorial
nexus is one such exception which allows the state to make laws for extraterritorial operations if it
shows that there exists a nexus between the object and the state.

Correct Answer: B
Explanation
• Option B is the correct answer.
• Every candidate willing to contest the election to the Parliament or a State Legislature has to submit certain documents to the returning officer. Following are the details:
• Statement 1 is incorrect. There is no need to show allegiance to any ideology before contesting
the election. There is no such certificate or information required. However, in case a candidate is
put up by any political party (whether recognised or not) then the prescribed notice from the
concerned Political Party about his sponsorship in Form A and Form B, has to be submitted along
with the Nomination paper.

• Statement 2, 3 and 4 is correct. The affidavit in form 26 has to be filed along with the nomination papers. The affidavit contains the following information of the candidates:
1) Particulars relating to criminal antecedents, if any, (cases of convictions and all pending cases)
2) Details of PAN and status of filing of Income tax return (ITR) of self, spouse and dependents.
The recent amendments have made it mandatory for candidates to disclose to income as declared
in the ITR for the last five years along with those of the spouse, dependents and Hindu Undivided
Family (HUF) where the candidate is a Coparcener

3) Details of the assets (movable and immovable etc.). The recent amendments have made it
mandatory for candidates to also disclose details of all deposits or investments in Foreign-banks
and any other institution abroad, and details of all assets and liabilities in foreign countries
(Statement 4 is correct).
4) Liabilities/dues of candidate, spouse and all dependents to government and public financial institutions
5) Details of profession or occupation of candidate and spouse
6) Highest educational qualification of the candidate (Statement 2 is correct)
7) Contact details including telephone number, e-mail ID, social media accounts etc.(Statement 3 is correct)
8) Profession & Sources of Income of self & spouse
Statement 5 is correct. The Supreme Court has made it mandatory for candidates contesting
elections to declare the sources of income for them, their spouses and their dependents. It is
aimed at ensuring probity among candidates.

Correct Answer: C
Explanation
• Option C is the correct answer.
• Statement B is incorrect. The Directive Principles of State Policy denote the ideals that the
State should keep in mind while formulating policies and enacting laws. These are the
constitutional instructions or recommendations to the State in legislative, executive and
administrative matters.
• Statement C is correct. The Fundamental Rights operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. In short, they aim at establishing ‘a government of laws and not of men’.
• Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people against the invasion by the State.
• Statement D is incorrect. An individual is provided a number of rights. However, not all of them
could be called Fundamental Rights. The Constitution listed some of the very essential rights that
would be specially protected and called them ‘Fundamental Rights’. There may be other ordinary
legal rights e.g. right to property, right to vote.

• Statement A is incorrect. The Directive Principles, though non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation, help the courts in examining and determining the constitutional validity of a law.

Correct Answer: D
Explanation
• Option D is the correct answer.
• “Exit-poll” is an opinion survey regarding how electors have voted at an election or how all the electors have performed with regard to the identification of a political party or candidate in an election.
• Statement 1 is incorrect. An opinion poll is a pre-election survey to gather voters’ views on a range of election-related issues. However, an exit poll, is conducted immediately after people have voted, and assesses the support for political parties and their candidates.
• Statement 2 is incorrect. Section 126A of the Representation of the People Act, 1951 contains a
provision relating to Exit Polls. It states that “No person shall conduct any exit poll and publish or
publicise by means of the print or electronic media or disseminate in any other manner,
whatsoever, the result of an exit poll during such period as may be notified by the Election
Commission in this regard.”

• Statement 3 is correct. According to a 2009 provision, no person shall conduct any exit poll and publish or publicise by means of the print or electronic media or disseminate in any other manner, the result of any exit poll during the period notified by the Election Commission in this regard.
• The Election Commission had announced that Exit polls can be telecast by agencies, including all websites, only after final phase of polling. Also, according to a 2009 provision, conducting exit polls and publishing results of exit polls would be prohibited during the election to Lok Sabha and State Legislative Assemblies.
• Further, any person who contravenes this provision shall be punishable with imprisonment of upto two years or with fine or with both.

Correct Answer: B
Explanation
• Option b is the correct answer.
• Statement 1 is incorrect. In USA the president’s pardoning power only applies to federal crimes and not state crimes. Those pardoned by the President can still be tried under the laws of individual states.
• Whereas in India, even if a state law calls for the death penalty, the President, not the governor, has the authority to grant a pardon.
• Statement 2 is correct. The President of India cannot exercise his power of pardon independent of the government. In several cases, the Supreme Court (SC) has ruled that the President has to act on the advice of the Council of Ministers while deciding mercy pleas. Whereas, the USA Supreme Court has held that this power is granted without limit and cannot be restricted by Congress (legislature).
• The President is not answerable for his pardons, and does not have to provide a reason for issuing one.
• Statement 3 is correct. Under Article 72 of the Indian Constitution, the President shall have the
power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or
commute the sentence of any person convicted of any offence where the sentence is a sentence of
death. Whereas, Article II, Section 2 of the US Constitution says all Presidents “shall have Power
to grant Reprieves and Pardons for Offenses against the United States.