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Vision IAS Prelims Test Series 2023 Test 01 (81-100 UPSC MCQ)

A citizen may lose his/her citizenship when he/she 1. voluntarily acquires the citizenship of any other foreign state. 2. unlawfully traded or communicated with the enemy during a war. 3. obtained citizenship by fraud. Select the correct answer using the code given below.

Correct! Wrong!

The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution. These are: o By Renunciation: Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship. Upon the registration of that declaration, that person ceases to be a citizen of India. o By Termination: When an Indian citizen voluntarily acquires the citizenship of another country, his Indian citizenship automatically terminates. Hence, statement 1 is correct. o By Deprivation: It is a compulsory termination of Indian citizenship by the Central government, if: ✓ the citizen has obtained citizenship by fraud. Hence, statement 3 is correct. ✓ the citizen has shown disloyalty to the Constitution of India. ✓ the citizen has unlawfully traded or communicated with the enemy during a war. Hence, statement 2 is correct. ✓ the citizen has, within five years after registration or naturalization, been imprisoned in any country for two years; and ✓ the citizen has been ordinarily resident out of India for seven years continuously.

Takht (Throne) is a seat of temporal authority for Sikhs. In this respect, consider the following statements: 1. At present Sikhs recognize five places as takhts which are in Punjab. 2. Four takhts are linked to Guru Gobind Singh. 3. Shiromani Gurdwara Parbandhak Committee appoints the jathedars to all the takhts. Which of the statements given above is/are correct?

Correct! Wrong!

• Recently Delhi Assembly has passed an amendment bill to “Delhi Sikh Gurdwara Act, 1971” which recognizes the “Takht Damdama Sahib” as the fifth Takht of Sikhs. • What are Sikh takhts? o Takht is a Persian word that means imperial throne. Takht (Throne) is a seat of temporal authority for Sikhs. The Sikh Takhts issue hukumnamas from time to time on issues related to the Sikh community. At present Sikhs recognize five places as takhts. Three are in Punjab —Akal Takht (Amritsar); Takht Keshgarh Sahib (Anandpur Sahib); Takht Damdama Sahib (Talwandi Sabo) — and the other two are Takht Patna Sahib (Bihar) and Takht Hazur Sahib (Nanded, Maharashtra). Hence, statement 1 is not correct. o Akal Takht (Throne of the Timeless One) is the oldest of the takhts, and considered supreme among the five. It was set up in 1606 by Guru Hargobind, whose succession as the sixth Guru after the execution of his father, Guru Arjan Dev, is considered a turning point in Sikh history. The Akal Takht, a raised platform that he built in front of the causeway leading to the sanctum sanctorum of the Harmandir Sahib (Golden Temple), symbolized the coming together of the temporal authority and the political sovereignty of the Sikh community (miri) with the spiritual authority (piri). It is seen as the first marker of Sikh nationalism. The Akal Takht is a five-story building today; the first storey houses the Guru Granth Sahib. o The other four takhts are linked to Guru Gobind Singh, the tenth Guru. Hence, statement 2 is correct. • What is the role of takhts? o Takhts are known to issue hukumnamas from time to time on issues that concern the community. Akal Takht is supreme because it is the oldest and was created by a Sikh guru himself, say Sikh historians and scholars. Any edict or order concerning the entire community is issued only from Akal Takht. Also, it is from Akal Takht that Sikhs found to be violating the Sikh doctrine and code of conduct are awarded religious punishment (declared tankhaiya) and even excommunicated, depending on the degree of violation and failure of adherence to directives of the highest temporal seat of Sikhs. • Who appoints the jathedars of takhts? o The three takhts in Punjab are directly controlled by the SGPC, which appoints the jathedars for these. The two takhts outside Punjab have their own trusts and boards. There is no fixed tenure. Hence, statement 3 is not correct.

Which among the following constitutional amendments fall outside the scope of Article 368? 1. Termination of Citizenship 2. Creation of legislative councils in states 3. Inclusion of new Directive Principles of State Policy. Select the correct answer using the code given below.

Correct! Wrong!

• A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include abolition or creation of legislative councils in states, Citizenship—acquisition and termination etc. • The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 per cent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression ‘total membership’ means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees. The provisions which can be amended by this way includes: (i) Fundamental Rights; (ii) Directive Principles of State Policy

With reference to Attorney General of India, consider the following statements: 1. He must be a person who is qualified to be appointed as a judge of the Supreme Court. 2. He receives such remuneration as the Parliament may determine. 3. He can take part in the proceedings of both the Houses of Parliament or their joint sitting. Which of the statement given above is/are correct?

Correct! Wrong!

• Statement 1 is correct. Attorney General is the highest law officer in the country. The Attorney General (AG) is appointed by the President. He must be a person who is qualified to be appointed a judge of the Supreme Court. • Statement 2 is not correct. The remuneration of the AG is not fixed by the Constitution. He receives such remuneration as the President may determine. • Statement 3 is correct. 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.

Which of the following could come under 'reasonable restrictions' provided by the constitution on exercise of Freedom of Speech and expression (Article 19(2))? 1. Leaking classified material by Intelligence officer. 2. Giving speech to take up arms. 3. Speech which can hamper stability of government in Lok Sabha 4. Contempt of Court. Select the correct answer using code given below:

Correct! Wrong!

• Article 19(2) provides that reasonable restrictions can be imposed on exercise of Freedom of Speech and expression under the following conditions: the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. o Leaking classified material by Intelligence officer. - can compromise security of state o Giving speech to take up arms - public order o Speech which can hamper stability of government in Lok Sabha - it does not fall under any criteria and hence would not be a reasonable restriction o Contempt of Court.

Which of the following directive principles is/are based on the Gandhian Principles? 1. To promote equal justice and to provide free legal aid to the poor. 2. To raise the level of nutrition and the standard of living of people and to improve public health. 3. To organize village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government. Select the correct answer using the code given below.

Correct! Wrong!

• Statement 1 is not correct as it is a part of the Socialist principles but not Gandhian principles. • Statement 2 is not correct as it is also a part of Socialist principles. • Statement 3 is correct as Gandhiji had always advocated the self-governance model through village Panchayats.

Which of the following protections is/are available as a fundamental right under the constitution to a person detained under a preventive detention law? 1. The grounds of detention should be communicated to the detenu even if it is against the public interest 2. The detenu must be released after 24 hours unless the magistrate authorises further detention. 3. The detenu must be offered an opportunity to make a representation against the detention order. Select the correct answer using the code given below.

Correct! Wrong!

• Article 22 grants protection to persons who are arrested or detained. Detention is of two types, namely, punitive and preventive. Punitive detention is to punish a person for an offence committed by him after trial and conviction in a court. Preventive detention, on the other hand, means detention of a person without trial and conviction by a court. Its purpose is not to punish a person for a past offence but to prevent him from committing an offence in the near future. • Article 22 has two parts—the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law. • The second part of Article 22 grants protection to persons who are arrested or detained under a preventive detention law. This protection is available to both citizens as well as aliens and includes the following: o The detention of a person cannot exceed three months unless an advisory board reports sufficient cause for extended detention. The board is to consist of judges of a high court. o The grounds of detention should be communicated to the detenu. However, the facts considered to be against the public interest need not be disclosed. o The detenu should be afforded an opportunity to make a representation against the detention order. • A person has the right to be released after 24 hours (unless the magistrate authorises further detention) only if he is arrested under ordinary law. It is not applicable in case of preventive detention law. Hence, only statement 3 is correct.

Consider the following statements. 1. Revocation of President’s rule in a state requires parliamentary approval. 2. 44th Amendment Act of 1978 restrained the power of Parliament to extend a proclamation of President’s Rule. Which of the statements given above is/are correct?

Correct! Wrong!

• Statement 1 is not correct: A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require the parliamentary approval. • Statement 2 is correct: The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year. Thus, it provided that, beyond one year, the President’s Rule can be extended by six months at a time only when the following two conditions are fulfilled: 1. a proclamation of National Emergency should be in operation in the whole of India, or in the whole or any part of the state; and 2. the Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.

Consider the following statements regarding Constituent Assembly: 1. It was a fully sovereign body. 2. It could abrogate or alter any law made by the British Parliament in relation to India. 3. Princely states never joined the assembly. Select the correct answer using the code given below.

Correct! Wrong!

• By the Indian Independence Act of 1947, the Assembly was made a fully sovereign body, which could frame any constitution it pleased. The act empowered the Assembly to abrogate or alter any law made by the British Parliament in relation to India. • The representatives of the princely states, who had stayed away from the constituent Assembly, gradually joined in.

Which of the following statements is not correct with respect to the Government of India Act of 1919?

Correct! Wrong!

• Option (a) is correct. This act divided the Provincial subjects into two parts- transferred and reserved. Transferred subjects were to be administered by the governor with the help of ministers while the reserved list was to be administered by a governor and his executive council. This was termed a dual system of governance or Diarchy. • Option (b) is correct. It replaced Indian Legislative Council with a Bicameral legislature consisting of two houses. The elections to both the houses were largely by direct elections. • Option (c) is correct. It separated, for the first time, provincial budgets from the Central budget and authorized the provincial legislatures to enact their budgets. • Option (d) is not correct. The separate electorate for Muslims was introduced in the act of 1909 itself. This provision was extended to Sikhs, Indian Christians, Anglo Indians, and Europeans.

He was born in Tamil Nadu and is the most respected Acharya in the philosophy of Sri Vaishnavism. He is famous as the chief proponent of the Vishishtadvaita subschool of Vedanta and wrote influential texts, such as bhāsya. Which of the following personalities is being described in the passage given above?

Correct! Wrong!

• What is the Statue of Equality? o The world’s second tallest statue in a sitting position is made up of ‘panchaloha’, meaning a combination of five metals i.e. gold, copper, silver, brass, and zinc. The inner sanctum deity of Sri Ramanujacharya is built of 120 kilos of gold. This commemorates the 120 years the saint spent on earth. • About Sri Ramanujacharya: o Born in 1017 CE in Tamil Nadu. o He is the most respected Acharya in the philosophy of Sri Vaishnavism. o He was also referred to as Ilaya Perumal which means the radiant one. o His philosophical foundations for devotionals were influential to the Bhakti movement. o He is famous as the chief proponent of Vishishtadvaita subschool of Vedānta. o He wrote influential texts, such as bhāsya on the Brahma Sutras and the Bhagavad Gita, all in Sanskrit. Hence, option (d) is the correct answer. • What is Vishishtadvaita? o It is a non-dualistic school of Vedanta philosophy. It is non-dualism of the qualified whole, in which Brahman alone exists, but is characterized by multiplicity. o It can be described as qualified monism or qualified non-dualism or attributive monism. o It is a school of Vedanta philosophy that believes in all diversity subsuming to an underlying unity.

Consider the following statements: 1. The citizens of India owe allegiance to both the Union and State. 2. In India, only a citizen by birth is eligible for the office of President. Which of the statements given above is/are correct?

Correct! Wrong!

• Statement 1 is not correct: Though the Indian Constitution is federal and envisages a dual polity (Centre and states), it provides for only a single citizenship, that is, the Indian citizenship (like in Canada). The citizens in India owe allegiance only to the Union. There is no separate state citizenship. The other federal states like USA and Switzerland, on the other hand, adopted the system of double citizenship. • Statement 2 is not correct: In India both a citizen by birth as well as a naturalised citizen are eligible for the office of President while in USA, only a citizen by birth and not a naturalised citizen is eligible for the office of President.

With reference to the theory of 'basic structure', consider the following statements: 1. It first emerged in the Kesavananda Bharati case. 2. It weakens the balance between rigidity and flexibility of the Indian Constitution. Which of the statements given above is/are correct?

Correct! Wrong!

• One thing that has had a long lasting effect on the evolution of the Indian Constitution is the theory of the basic structure of the Constitution. The Judiciary advanced this theory in the famous case of Kesavananda Bharati in 1973. This ruling has contributed to the evolution of the Constitution in the following ways: o It has set specific limits to Parliament’s power to amend the Constitution. It says that no amendment can violate the basic structure of the Constitution; o It allows Parliament to amend any and all parts of the Constitution (within this limitation); and o It places the Judiciary as the final authority in deciding if an amendment violates basic structure and what constitutes the basic structure. • The theory of basic structure is an example of a living constitution. There is no mention of this theory in the Constitution. It has emerged from judicial interpretation. Thus, the Judiciary and its interpretation have practically amended the Constitution without a formal amendment. All living documents evolve in this manner through debates, arguments, competition and practical politics. • Since 1973, the Court has, in many cases, elaborated upon this theory of basic structure and given instances of what constitutes the basic structure of the Constitution of India. So, the basic structure doctrine has further consolidated the balance between rigidity and flexibility: by saying that certain parts cannot be amended, it has underlined the rigid nature while by allowing amendments to all others it has underlined the flexible nature of the amending process.

Which of the following statements is/are correct regarding Article 20 (Protection in respect of conviction of offenses)? 1. No ex-post-facto law shall be enacted whether in civil or criminal matters. 2. Protection against self-incrimination covers protection against giving thumb impressions and blood specimens. 3. In case of corruption charges against a public servant, either the court or department should take action to avoid double jeopardy. Select the correct answer using the code given below.

Correct! Wrong!

• Statement 1 is not correct: This limitation is imposed only on criminal laws and not on civil laws or tax laws. In other words, civil liability or a tax can be imposed retrospectively. • Statement 2 is not correct: Protection against self-incrimination does not extend to (i) compulsory production of material objects, (ii) compulsion to give thumb impression, specimen signature, blood specimens, and (iii) compulsory exhibition of the body. • Statement 3 is not correct: Protection against double jeopardy is available only in proceedings before a court of law or a judicial tribunal. In other words, it is not available in proceedings before departmental or administrative authorities as they are not of judicial nature.

Constitutionalism is a philosophy of limited government. Which of the following features of the Indian Constitution enforce this philosophy? 1. Fundamental Rights 2. Directive Principles of State Policy 3. Fundamental duties Select the correct answer using the code given below.

Correct! Wrong!

• Constitutionalism is all about limited government. It means that powers given to the government are not unlimited but they are limited. Fundamental rights act as limitations on the government powers like state must respect citizens' right to express, speech, liberty. If the government did not respect these rights then the aggrieved citizen can approach the judiciary for their enforcement. In this context, they can act as constraints. • But Directive Principles of state policy cannot act as constraints/limitations on the government because they are not enforceable and they are fundamental to the governance of a country. • Fundamental duties are in fact constraints/limitations on the part of citizens not on the government. Hence fundamental duties do not limit the working of the government.

If a National Emergency is declared on the ground of armed rebellion: 1. Fundamental Rights under Article 19 are automatically suspended. 2. President can suspend the right to move the Court for the enforcement of fundamental rights. 3. the enforcement of the fundamental rights guaranteed by Articles 21 and 22 cannot be suspended. Which of the statements given above is/are correct?

Correct! Wrong!

• Articles 358 and 359 describe the effect of a National Emergency on Fundamental Rights. Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article 19, while Article 359 deals with the suspension of other Fundamental Rights (except those guaranteed by Articles 20 and 21). • According to Article 358, when a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. No separate order for their suspension is required. • The 44th Amendment Act of 1978 restricted the scope of Article 358 in two ways. o Firstly, the six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion. Hence statement 1 is not correct. o Secondly, only those laws which are related to the Emergency are protected from being challenged and not other laws. Also, the executive action taken only under such a law is protected. • Article 359 authorizes the president to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency. (Hence statement 2 is correct). This means that under Article 359, the Fundamental Rights as such are not suspended, but only their enforcement. The said rights are theoretically alive but the right to seek remedy is suspended. The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order. Further, the suspension could be for the period during the operation of emergency or for a shorter period as mentioned in the order, and the suspension order may extend to the whole or any part of the country. It should be laid before each House of Parliament for approval. • The 44th Amendment Act of 1978 restricted the scope of Article 359 in two ways. o Firstly, the President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 to 21. In other words, the right to protection in respect of conviction for offenses (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during an emergency. Hence statement 3 is not correct. o Secondly, only those laws which are related to the emergency are protected from being challenged and not other laws and the executive action taken only under such a law, is protected.

With reference to the Special Officer for Linguistic Minorities, consider the following statements: 1. It was constituted under Article 350-B of the Indian Constitution. 2. It can investigate all matters relating to the safeguards provided for both linguistic and religious minorities under the Constitution. Which of the statements given above is/are correct?

Correct! Wrong!

• Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic Minorities. Later, the States Reorganisation Commission (1953-55) made a recommendation in this regard. Accordingly, the Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part XVII of the Constitution. Hence, statement 1 is correct. This article contains the following provisions: o There should be a Special Officer for Linguistic Minorities. He is to be appointed by the President of India. o It would be the duty of the Special Officer to investigate all matters only relating to the safeguards provided for linguistic minorities under the Constitution. • He would report to the President upon those matters at such intervals as the President may direct. The President should place all such reports before each House of Parliament and send to the governments of the states concerned. Hence, statement 2 is not correct.

Which of the following initiatives of the Government is/are said to be giving effect to the Directive Principles of State Policies? 1. Old age pension schemes for people above 65 years. 2. Adoption of Criminal Procedure Code (1973). 3. The Pradhan Mantri Krishi Seenchayi Yojana 4. The Mahatma Gandhi National Rural Employment Guarantee Program. Select the correct answer using the code given below.

Correct! Wrong!

• The government has made many policies and laws to implement the DPSP's. • Option 1 is correct as article 41 talks about securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement. • Option 2 is correct: as it is aimed to implement Article 50 which explicitly calls for the separation of judiciary and the executive. The Criminal Procedure Code (1973) separated the judiciary from the executive in the public services of the state. Thus, the judicial powers vested with the district authorities like Collectors, Tehsildars etc was taken away. • Option 3 is correct: as it is aimed to implement Article 48 under the DPSP’s which calls for the modernization of Agriculture and Animal Husbandry. • Option 4 is correct: as it is aimed to provide living wages and work opportunities. Article 41 calls for providing Right to work while Article 43 calls for provision of living wages to all workers.

'Team India Wing' of the NITI Aayog comprises of:

Correct! Wrong!

• NITI Aayog houses a number of specialised wings, including: o Research Wing: It develops in-house sectoral expertise as a dedicated think tank of top notch domain experts, specialists and scholars. o Consultancy Wing: It provides a market-place of whetted panels of expertise and funding, for the Central and State Governments to tap into matching their requirements with solution providers, public and private, national and international. By playing match-maker instead of providing the entire service itself, NITI Aayog is able to focus its resources on priority matters, providing guidance and an overall quality check to the rest. o Team India Wing: It comprises of the representatives from every State and Ministry and serves as a permanent platform for national collaboration. Each representative: ✓ Ensures that every State/Ministry has a continuous voice and stake in the NITI Aayog. ✓ Establishes a direct communication channel between the State/Ministry and NITI Aayog for all development related matters, as the dedicated liaison interface.

The Indian Constitution guarantees which of the following to the citizens? 1. Equality of status 2. Equality of opportunities 3. Equality of outcomes 4. Equality before law Select the correct answer using the code given below.

Correct! Wrong!

• The Constitution of India provides certain rights in form of Equalities or Equal treatment to its citizens. These rights are incorporated as Fundamental Rights in the Constitution. These Equalities include: o Equality of Status: Equality of Status implies that all citizens have the same status in certain respects, including civil rights, freedom of speech, property rights etc. Articles 17 and 18 aim at providing Equality of Status. Article 17 abolishes Untouchability and Article 18 prohibits awarding of titles. o Equality of Opportunity: Equality of Opportunity arises from the similar treatment of all people, unhindered by prejudices or preferences, except when particular distinctions can be explicitly justified. It means that chances for advancement should be open to everybody interested. The Constitution aims to achieve this by providing reservation in educational institutes and public employment (Articles 15 and 16 respectively) to the disadvantaged sections of society. o Equality before Law: This is a fundamental principle included in Rule of Law. It implies that every citizen is equal in the eyes of law. Article 14 explicitly provides for Equality before law and Equal protection of laws. o Equality of Outcomes: It describes a state in which people have approximately the same material wealth and income, or in which the general economic conditions of their lives are alike. The Constitution does not provide for Equality of Outcomes. • Hence, options 1, 2 and 4 are correct but option 3 is not correct.

Vision IAS Prelims Test Series 2023 Test 01 (81-100 UPSC MCQ)
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