OPSC OAS Prelims-2018 General Studies Paper-I Solved: Indian Polity and Governance

Credit: The Hindu

Q1. Which of the following is not the recommendation of Dinesh Goswami Committee on Electoral reforms?
a) Time limit for bye-elections
b) Increase in deposits from independents
c) Voter’s Council should be formed to help free and fair elections
d) Amendment of the Anti-defection Law to restrict disqualifications

Answer: (c) Voter’s Council should be formed to help free and fair elections

Explanations: In 1990, Dinesh Goswami Headed a Committee made the following recommendations;

1. The ordering of re-poll or countermanding should be not only be on the report of the returning officer, but also otherwise and, also to give the Election Commission the requisite powers to appoint investigating agencies, prosecuting agencies and constitution of special courts.

2. There is a need for an amendment to the anti-defection law to restrict disqualification only to those cases, where an elected member voluntarily gives up his membership of the political party, or when he votes or abstain from voting contrary to party whips, directions etc. only in respect of motion of vote of confidence. The question of disqualification of members should not be decided by the speaker or the Chairman of the concerned House.

3. Changes in the voting pattern and shift to proportional representation of the list system, instead of present voting system should be made (However, this matter was to be further discussed amongst exports)

4. There should be fresh delimitation on the basis of 1981 census and there should be a provision for rotation of reserved seats for Scheduled Castes and Scheduled Tribes.

5. No candidates should be allowed to contest an election from more than two constituencies. The age of Candidates for assembly seats should be reduced to 21 and for the Council to 25.

6. To discourage non-serious candidates, the security deposit for Lok Sabha should be increased to Rs. 5000 and for Assembly it should be increased to Rs. 2500. The amount should be forfeited if the candidate fails to secure one fourth of the total votes. The member of proposals to nomination should also be increased.

7. A model code of conduct be framed which would include issues relating to-the use of official machinery, transport, media, funds etc.

8. There should be a ban on transfer of officials and staff concerted with the elections. The Commission and the Central Government should continue the periodic revision of election expenses in consulta­tion with the Election Commission. There should be a six month time limit for holding bye-elections.

9. Army and Para-military personnel, diplomats and others placed outside India should be allowed proxy voting.

10. Extensive restructuring of the accounting of election expenses is needed.

11. Monitoring of expenses should be undertaken by the Election Commission, and a speedy trial of election disputes through the help of adhoc judges should be ensured.

12. There should be provision to punish plying mechanically-propelled vehicles, carrying lethal weapons and fire arms or distributing liquor on, the polling day.

13. Electronic voting machines should be used to put an end to manipulating and tempering.

Q2. Which one of the following subjects is not included in Concurrent List?
a) Actionable Wrongs
b) Bankruptcy and Insolvency
c) Price Control
d) Capitation Taxes

Answer: (d) Capitation Taxes
Explanation: 61 entry of State List is the Capitation Taxes

Q3. Which is not the discretionary power of the President of India?
a) Suspensive Veto
b) Pocket Veto
c) To decide the day to day administrative decisions in case of caretaker government
d) Summon and dissolve Parliament sessions

Answer: (d) Summon and Dissolve Parliament Sessions. It is exercised by the President on the advice of Prime Minister

Explanation: Suspensive Veto and Pocket veto are exercised by the President on his own discretion and As a caretaker government does not enjoy the confidence of Lok Sabha and hence it is not expected to take major decisions but only to make the day-to-day administrative decisions. It is for the President to decide the day-to-day decisions.

Q4. Which Article of the Indian Constitution speaks about official languages of Indian Union?
a) Art- 341
b) Art- 339
c) Art- 343
d) Art- 336

Answer: (s) Art- 343

Explanation: Art- 336: Special provision for anglo-Indian community in certain services
Article- 339: Control of the Union over the administration of scheduled areas and the welfare of scheduled tribes
Article- 341: Schedule Castes

Q5. In which year simultaneous elections both for Lok Sabha and all states Legislative Assemblies were not held?
a) 1952
b) 1971
c) 1957
d) 1962

Answer: (b) 1971

Q6. Which among the following states does not come under Second Schedule of Indian Constitution?
a) Tripura
b) Mizoram
c) Assam
d) Sikkim

Answer: (d) Sikkim .. NB. : This question may be wrong. 

Q7. The GST Bill which came into implementation from 1st July, 2017 is:
a) Bill No. 122 and Act No. 101
b) Bill No. 123 and Act No. 98
c) Bill No. 119 and Act No. 100
d) Bill No. 101 and Act No. 97

Answer: (a) Bill No. 122 and Act No. 101

Q8. Article 21 of India Constitution secures:
a) Right to life only
b) Right to personal liberty only
c) Right to liberty and privacy
d) Right to life, personal liberty and right to privacy

Answer: (d) Right to life, personal liberty and right to privacy

Explanation: Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens. The Supreme Court has reaffirmed its judgement in the Menaka case in the subsequent cases. It has declared the following rights as part of Article 21:
(a) Right to live with human dignity.
(b) Right to decent environment including pollution free water and air and protection against hazardous industries.
(c) Right to livelihood.
(d) Right to privacy.
(e) Right to shelter.
(f) Right to health.
(g) Right to free education up to 14 years of age.
(h) Right to free legal aid.
(i) Right against solitary confinement.
(j) Right to speedy trial.
(k) Right against handcuffing.
(l) Right against inhuman treatment.
(m) Right against delayed execution.
(n) Right to travel abroad.
(o) Right against bonded labour.
(p) Right against custodial harassment.
(q) Right to emergency medical aid.
(r) Right to timely medical treatment in government hospital.
(s) Right not to be driven out of a state.
(t) Right to fair trial.
(u) Right of prisoner to have necessities of life.
(v) Right of women to be treated with decency and dignity.
(w) Right against public hanging.
(x) Right to hearing.(y) Right to information.
(z) Right to reputation.

Q9. To which state in Indian Union Article- 35A relates?
a) Assam
b) Sikkim
c) Jammu and Kashmir
d) Manipur

Answer: (c) Jammu and Kashmir

Explanation: Article 35A is a provision incorporated in the Constitution giving the Jammu and Kashmir Legislature a carte blanche to decide who all are ‘permanent residents’ of the State and confer on them special rights and privileges in public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare. The provision mandates that no act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land.

Article 35A was incorporated into the Constitution in 1954 by an order of the then President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet. The controversial Constitution (Application to Jammu and Kashmir) Order of 1954 followed the 1952 Delhi Agreement entered into between Nehru and the then Prime Minister of Jammu and Kashmir Sheikh Abdullah, which extended Indian citizenship to the ‘State subjects’ of Jammu and Kashmir.

The Presidential Order was issued under Article 370 (1) (d) of the Constitution. This provision allows the President to make certain “exceptions and modifications” to the Constitution for the benefit of ‘State subjects’ of Jammu and Kashmir.

So Article 35A was added to the Constitution as a testimony of the special consideration the Indian government accorded to the ‘permanent residents’ of Jammu and Kashmir.

Q10. Which of the following Articles were repealed from Indian Constitution by Constitution 26th Amendment Act, 1971?
a) Art. 291 and Art. 362
b) Art. 283 and Art. 283-A
c) Art. 251 and Art. 256
d) Art. 301 and Art. 304

Answer: a) Art. 291 and Art. 362

Explanation: 26th Constitutional amendment Act of 1971 Amended article 366, Inserted article 363A and Removed articles 291 and 362

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