QUES 2 . With reference to the writs issued by the Courts in India, consider the following statements:

1 . Mandamus will not lie against a private organization unless it is entrusted with a public duty.

2 . Mandamus will not lie against a Company even though it may be a Government Company.

3 . Any public minded person can be a petitioner to move the Court to obtain the writ of Quo
Warranto.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer : (c) 1 and 3 only

Explanation:

Source : Laxmikant

The scope of mandamus is determined by the nature of the duty to be enforced, rather than the identity of the authority against whom it is sought. If the private body is discharging a public function and the denial of any right is in connection with the public duty imposed on such body, the public law remedy can be enforced. Hence statement 1 is correct.

The writ of mandamus cannot be issued

(a) against a private individual or body;

(b) to enforce departmental instruction that does not possess statutory force;

(c) when the duty is discretionary and not mandatory;

(d) to enforce a contractual obligation;

(e) against the president of India or the state governors; and

(f) against the chief justice of a high court acting in judicial capacity.

Mandamus literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose. Hence , statement 2 is not correct .

Unlike the other four writs, Quo-Warranto can be sought by any interested person and not necessarily by the aggrieved person. Hence , statement 3 is correct.

QUES 3 . Consider the following statements:

1 . Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India.

2 . According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Explanation:

Source: Laxmikant

In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India. Further, he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a member of Parliament.

Solicitor General has no similar right to participate in the parliamentary meetings. Hence ,
statement 1 is not correct.

The Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president. This means that he may be removed by the president at any time. He may also quit his office by submitting his resignation to the president.

Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is
appointed on its advice. Hence , statement 2 is not correct.

QUES 4 . With reference to anti-defection law in India, consider the following statements:

1 . The law specifies that a nominated legislator cannot join any political party within six months of
being appointed to the House.

2 . The law does not provide any time-frame within which the presiding officer has to decide a
defection case.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (b) 2 only

Explanation:

Source: Laxmikant

A nominated member of a House becomes disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat in the House. This means that he may join any political party within six months of taking his seat in the House without inviting this disqualification. Hence , statement 1 is not correct.

Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. The law does not provide a time-frame within which the presiding officer has to decide a defection case. Hence , statement 2 is correct.

QUES 5 . Which of the following is/are the exclusive power(s) of Lok Sabha?

1 . To ratify the declaration of Emergency

2 . To pass a motion of no-confidence against the Council of Ministers

3 . To impeach the President of India

Select the correct answer using the code given below:

(a) 1 and 2

(b) 2 only

(c) 1 and 3

(d) 3 only

Answer: (b) 2 only

Explanation:

Source : Laxmikant

Approval of proclamation of all three types of emergencies by the President – Equal Status of Lok Sabha and Rajya Sabha.

Election and impeachment of the president – Equal Status of Lok Sabha and Rajya Sabha.

The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion. This is because the Council of ministers is collectively responsible only to the Lok Sabha. But, the Rajya Sabha can discuss and criticise the policies and activities of the government.

QUES 6 . Consider the following statements:

1 . The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.

2 . The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (b) 2 only

Explanation:

Source: Laxmikant

The council of ministers consists of three categories of ministers, namely, cabinet ministers, ministers of state and deputy ministers. The difference between them lies in their respective ranks, emoluments, and political importance.

The classification into a three-tier body is based on the conventions of parliamentary government as developed in Britain. It is not mentioned in the Constitution. Hence , statement 1 is not correct.

The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. This provision was added by the 91st Amendment Act of 2003. Hence , statement 2 is correct.

QUES 7 . Consider the following statements:

1 . A bill amending the Constitution requires a prior recommendation of the President of India.

2 . When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the
President of India to give his/her assent.

3 . A Constitution Amendment Bill must be passed by a special majority and there is no provision for
Joint Sitting.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: (b) 2 and 3 only

Explanation:

Source: Laxmikant

The procedure for the amendment of the Indian Constitution is laid down in Article 368 of the
Constitution. The Constitutional Amendment bill can be introduced either by a minister or by a
private member and does not require prior permission of the President. Hence , statement 1 is
not correct.

After duly passed by both the Houses of Parliament and ratified by the state legislatures, where
necessary, the bill is presented to the President for assent. The President must give his assent
to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration
of the Parliament. Hence , statement 2 is correct.

Each House of the Parliament must pass the bill separately by a special majority. In case of a
disagreement between the two Houses, there is no provision for holding a joint sitting of the
two Houses for the purpose of deliberation and passage of the bill. Hence , statement 3 is correct.

QUES 8 . Consider the following statements:

1 . Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed.

2 . The Constitution of India empowers the supreme court and High court to punish for contempt of themselves.

3 . The Constitution of India defines Civil Contempt and Criminal Contempt.

4 . In India, the Parliament is vested with the powers to make laws on Contempt of Court.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 1, 2 and 4

(c) 3 and 4 only

(d) 3 only

Answer: (b) 1, 2 and 4

Explanation:

H. N. Sanyal committee set up in 1961 made a comprehensive examination of the law and problems relating to contempt of court. The recommendations of the committee were generally accepted. Pursuant to the report of the committee, the Contempt of Court Act, 1971 was passed by the parliament. Hence, statement 1 is correct.https://www.legalserviceindia.com/article/l255-Contempt-of-Court.html

Article 129 and 215 of the Constitution of India empower the Supreme Court and High Court
respectively to punish people for their respective contempt. Hence , statement 2 is correct.

The Contempt of Courts Act of 1971 (and not the Constitution) defines civil and criminal contempt respectively. Hence , statement 3 is not correct.

Article 142 (2) states that subject to the provisions of any law made in this behalf by Parliament the Supreme Court shall have all and every power to make any order on punishment of any contempt of itself. Therefore, the Parliament can make laws on Contempt of Court. Hence , statement 4 is correct.

QUES 9 . With reference to India, consider the following statements:

1 . Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.

2 . Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (b) 2 only

Explanation:

An Advocate is a person authorized to appear in a litigation on behalf of a party and who possess a law degree, enrolled with the Bar Council in accordance to the prescriptions laid by the Advocates Act, 1961. In this case, law firms are not recognised as advocates. A patent attorney is an individual who is entitled to deal with patent litigation by virtue of holding a law degree. A patent attorney or patent lawyer is an advocate. Hence , statement 1 is not correct.

Functions of Bar Councils include to promote legal education and to lay down standards of legal education. This is done in consultation with the Universities in India imparting legal education and the State Bar Councils. They also have the power to recognise Universities whose degree in law shall be a qualification for enrolment as an advocate and for that purpose to visit and inspect Universities. Hence , statement 2 is correct.

QUES 10 . In the Government of India Act 1919, the functions of Provincial Government were divided into “Reserved” and “Transferred” subjects. Which of the following were treated as “Reserved” subjects?

1 . Administration of Justice

2 . Local Self-Government

3 . Land Revenue

4 . Police

Select the correct answer using the code given below:

(a) 1, 2 and 3

(b) 2, 3 and 4

(c) 1, 3 and 4

(d) 1, 2 and 4

Answer: (c ) 1 , 3 and 4

Explanation:

Source : Laxmikant

Government of India Act 1919 , divided the provincial subjects into two parts– transferred and reserved. This dual scheme of governance was known as ‘dyarchy’–a term derived from the Greek word diarche which means double rule.

The transferred subjects were to be administered by the Governor with the aid of Ministers responsible to the legislative council.

Transferred subjects included local self-government, education, public health, agriculture, excise, public works and cooperative societies.

The reserved subjects, on the other hand, were to be administered by the Governor and his executive council without being responsible to the legislative council.

Reserved subjects contained finance, land revenue, justice,police, prison, famine relief, irrigation, press, public service.

QUES 11. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it?

(a) This would prevent the transfer of land of tribal people to non-tribal people.

(b) This would create a local self-governing body in that area.

(c) This would convert that area into a Union Territory.

(d) The State having such areas would be declared a Special Category State.

Answer: (a) This would prevent the transfer of land of tribal people to non-tribal people.

Explanation:

The Fifth Schedule of the Constitution deals with the administration and control of Scheduled
Areas as well as of Scheduled Tribes residing in any State other than the States of Assam,
Meghalaya, Tripura and Mizoram.

If a particular area is brought under the Fifth Schedule, it means that all land in Scheduled Area
is presumed to have been Adivasi land; hence, not only should no land now pass into the
hands of non-Adivasis, but any land presently owned by non-tribal should, if being transferred,
come back to the hands of Scheduled Tribes.https://vikaspedia.in/social-welfare/scheduled-tribes-welfare/fifth-schedule-areas