UPSC Essentials | Daily subject-wise quiz — Polity and Governance (Week 11)

QUESTION 1

With reference to Parole, consider the following statements:

1. It is a system of releasing a prisoner with the suspension of the sentence.

2. The period of parole granted to convicts during the Covid-19 pandemic to prevent overcrowding in prisons and avoid the risk of spread of infection is counted as part of their actual sentence period.

3. In India, parole is covered under The Prisons Act of 1894.

4. Prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) Only three

(d) All four

QUESTION 2

With reference to the Governor of the state, consider the following statements:

1. The constitution of India does not have a provision for the appointment of the same person as Governor for two or more States.

2. The Governor shall hold office during the pleasure of the President.

3. The qualifications of the Governor and the conditions of his office are not mentioned in the constitution of India.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

QUESTION 3

With reference to the anti-defection law, consider the following statements:

1. The law punishes individual MPs/MLAs for leaving one party for another.

2. It was added to the Constitution as the Tenth Schedule in 1985.

3. It penalise political parties for encouraging or accepting defecting legislators.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

QUESTION 4

With reference to National Capital Territory of Delhi (NCT), consider the following statements:

1. Article 239AA conferred special status on Delhi following the recommendations of the S Balakrishnan Committee that was set up in 1987 to look into Delhi’s demands for statehood.

2. Subject to the provisions of the Constitution, the Legislative Assembly, “shall have the power to make laws for the whole or any part of the NCT with respect to any of the matters in the State List or Concurrent List in so far as any such matter is applicable to Union territories,” except on the subjects of police, public order, and land.

Which of the above statement(s) is/are correct?

(a) Only 1

(b) Only 2

(c) Neither 1 nor 2

(d) Both 1 and 2

QUESTION 5

Consider the following statements about ‘Ordinances’:

1. Article 123 of the Constitution of India provides for the power of the President to promulgate Ordinances during the recess of Parliament.

2. They do not have the same force and effect as an Act of Parliament.

3. An Ordinance may lapse earlier if the President withdraws it or if both Houses pass resolutions disapproving it.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

ANSWERS TO MCQs

1. (c)

FYI:

— The Supreme Court held that the period of parole granted to convicts during the Covid-19 pandemic to prevent prison overcrowding and avoid the risk of spread of infection, cannot be counted as part of their actual sentence period and must be excluded from it. Hence, statement 2 is not correct.

— Parole is a system of releasing a prisoner with the suspension of the sentence. Hence, statement 1 is correct.

— The release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time.

— In India, parole (as well as furlough) are covered under The Prisons Act of 1894. Hence, statement 3 is correct.

— Prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole. Hence, statement 4 is correct.

— Since prisons are a State subject in the Constitution, the Prisons Act of each state government defines the rules under which parole is granted in that state. State governments have their own Prisoner Release on Parole Rules.

Therefore, option (c) is the correct answer.

2. (a)

FYI:

— Article 153 of the Constitution says “There shall be a Governor for each State.”

— A few years after the commencement of the Constitution, an amendment in 1956 laid down that “nothing in this article shall prevent the appointment of the same person as Governor for two or more States”. Hence, statement 1 is not correct.

— Article 155 says that the “Governor of a State shall be appointed by the President by warrant under his hand and seal”. Under Article 156, “the Governor shall hold office during the pleasure of the President”, but his normal term of office will be five years. Hence, statement 2 is correct.

— If the President withdraws her pleasure before the completion of five years, the Governor has to step down. Since the President acts on the aid and advice of the Prime Minister and the Union Council of Ministers, in effect, the Governor is appointed and removed by the central government.

— Articles 157 and 158 lay down the qualifications of the Governor and the conditions of his office. Hence, statement 3 is not correct.

— The Governor must be a citizen of India and should have completed the age of 35 years.

— The Governor should not be a member of Parliament or a state legislature, and must not hold any other office of profit.

Therefore, option (a) is the correct answer.

3. (b)

FYI:

— The anti-defection law punishes individual MPs/MLAs for leaving one party for another. Hence, statement 1 is correct.

— It allows a group of MP/MLAs to join (i.e. merge with) another political party without inviting the penalty for defection.

It does not penalise political parties for encouraging or accepting defecting legislators. Hence, statement 3 is not correct.

— The parliament added it to the Constitution as the Tenth Schedule in 1985. Hence, statement 2 is correct.

— Its purpose was to bring stability to governments by discouraging legislators from changing parties. It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.

— The law covers three kinds of scenarios:

(i) When legislators elected on the ticket of one political party “voluntarily give up” membership of that party or vote in the legislature against the party’s wishes. A legislator’s speech and conduct inside and outside the legislature can lead to deciding the voluntarily giving up membership.

(ii) When an MP/MLA who has been elected as an independent joins a party later.

(iii) It is related to nominated legislators. In their case, the law specifies that they can join a political party within six months of being appointed to the House, and not after such time.

Therefore, option (b) is the correct answer.

4. (d)

FYI:

— The Centre promulgated an ordinance extending powers to the Delhi Lieutenant Governor over services in the administration of the national capital, which essentially involves the power to transfer and appoint bureaucrats posted to Delhi.

— Article 239AA was inserted into the Constitution by the 69th Amendment Act, of 1991.

— Article 239AA conferred special status on Delhi following the recommendations of the S Balakrishnan Committee that was set up in 1987 to look into Delhi’s demands for statehood.

According to this provision, the NCT of Delhi will have an administrator and a Legislative Assembly.

— Subject to the provisions of the Constitution, the Legislative Assembly, “shall have the power to make laws for the whole or any part of the NCT with respect to any of the matters in the State List or Concurrent List in so far as any such matter is applicable to Union territories,” except on the subjects of police, public order, and land.

Therefore, option (d) is the correct answer.

5. (b)

FYI:

— The central government promulgated an Ordinance that undid the unanimous verdict of a five-judge Constitution Bench of the Supreme Court, which gave the Aam Aadmi Party (AAP) government of Delhi control over the transfer and posting of officials in the National Capital Territory (NCT), except with regard to public order, police, and land.

— Under Article 123 of the Constitution (“Power of President to promulgate Ordinances during recess of Parliament”), “if at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.” Hence, statement 1 is correct.

— An Ordinance “shall have the same force and effect as an Act of Parliament”. But the government is required to bring an Ordinance before Parliament for ratification — and failure to do so will lead to its lapsing “at the expiration of six weeks from the reassembly of Parliament”. Hence, statement 2 is not correct.

— The Ordinance may lapse earlier if the President withdraws it — or if both Houses pass resolutions disapproving it. (Rejection of an Ordinance would, however, imply the government has lost the majority.) Hence, statement 3 is correct.

Therefore, option (b) is the correct answer.

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