UPSC Essentials brings to you its initiative of daily subject-wise quizzes. These quizzes are designed to help you revise some of the most important topics from the static part of the syllabus. Each day, we cover one new subject. Attempt today’s subject quiz on Polity and Governance to check your progress. Come back tomorrow to solve the History, Culture, and Social Issues MCQs. Don’t miss checking the answers and explanations at the end of the quiz.

With reference to the floor test, consider the following statements:

1. A floor test is done to find out whether the government that is suspected to have lost the majority still retains the confidence of the House.

2. The leader of the party has to prove a majority among those present and voting.

3. When the House is in session, it is the Governor who can call for a floor test

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

With reference to the ninth schedule of the Constitution of India, consider the following statements:

1. It became a part of the Constitution through seventh constitutional amendment.

2. It was created to protect laws related to agrarian reform and for abolishing the Zamindari system.

3. The Supreme Court clarified that the laws cannot escape the “basic structure” test if inserted into the Ninth Schedule

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

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 Eleventh Schedule in 1985.

3. It does not 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

With reference to the Central Administrative Tribunal, consider the following statements:

1. It provides for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services.

2. It had been established under Article 338 -A of the Constitution of India.

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

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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

3. The ordinance shall have the same force and effect as an Act of Parliament.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

FYI:

— A floor test was held in the Bihar Legislative Assembly as part of the continuing political upheaval in the state. Bihar Chief Minister Nitish Kumar won the election, demonstrating Bihar MLAs’ confidence in his newly established administration.

— A floor test (also called a ‘trust vote’) is held in legislative bodies, to find out whether the government that is suspected to have lost the majority still retains the confidence of the House. Hence, statement 1 is correct.

— This is done through a vote among the members.

— When the House is in session, it is the Speaker who can call for a floor test. But when the Assembly is not in session, the Governor’s residuary powers under Article 163 allow him to call for a floor test. Hence, statement 3 is not correct.

— In case the majority held by the government is questioned, the leader of the party which claims to have the majority has to move a vote of confidence and prove a majority among those present and voting. Hence, statement 2 is correct.

 

Therefore, option (b) is the correct answer.

FYI:

— The Ninth Schedule contains a list of central and state laws which cannot be challenged in court. Currently, 284 such laws are shielded from judicial review. Most of the laws protected under the Schedule concern agriculture/land issues.

— The Schedule became a part of the Constitution in 1951 when the document was amended for the first time. Hence, statement 1 is not correct.

— It was created by the new Article 31B, which along with 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system. Hence, statement 2 is correct.

— The First Amendment added 13 laws to the Schedule. Subsequent amendments in 1955, 1964, 1971, 1974, 1975, 1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.

— While the Ninth Schedule provides the law with a “safe harbour” from judicial review, the protection is not blanket.

— When the Tamil Nadu law was challenged in 2007 (I R Coelho v State of Tamil Nadu), the Supreme Court ruled in a unanimous nine-judge verdict that while laws placed under Ninth Schedule cannot be challenged on the grounds of violation of fundamental rights, they can be challenged on the ground of violating the basic structure of the Constitution.

— The court clarified that the laws cannot escape the “basic structure” test if inserted into the Ninth Schedule after 1973, as it was in 1973 that the basic structure test was evolved in the Kesavananda Bharati case as the ultimate test to examine the constitutional validity of laws. Hence, statement 3 is correct.

Therefore, option (b) is the correct answer.

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 correct.

— The parliament added it to the Constitution as the Tenth Schedule in 1985. Hence, statement 2 is not 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.

FYI:

— The Central Administrative Tribunal had been established under Article 323 -A of the Constitution of India. Hence, statement 2 is not correct.

— It provides for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government. Hence, statement 1 is correct.

Therefore, option (a) is the correct answer.

(Other Source: cgat.gov.in)

FYI:

— 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 3 is 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 2 is correct.

Therefore, option (c) is the correct answer.

Daily subject-wise quiz — Polity and Governance (Week 44)

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 44)

Daily subject-wise quiz — Environment, Geography, Science and Technology (Week 44)

Daily subject-wise quiz — Economy (Week 44)

Daily subject-wise quiz – International Relations (Week 44)

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