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Q.81Medium General Studies II
The Lokpal and Lokayukta Act, 2013 provides for the establishment of anti-corruption ombudsmen. Which of the following is NOT a function of the Lokpal?
AInvestigating corruption cases against public servants
BRecommending disciplinary action against erring officials
CConducting trials of corruption cases
DReceiving complaints from citizens against corruption
Correct Answer: C. Conducting trials of corruption cases
Explanation:
The Lokpal investigates and recommends action but does not conduct trials. Criminal prosecutions are undertaken by designated CBI officials, not the Lokpal itself.
In the context of judicial review, the 'ultra vires doctrine' refers to:
AActions that exceed the constitutional or legal authority of an administrative body
BDecisions made in the presence of all parties
CLaws that protect the integrity of the judiciary
DJudicial orders that apply across all states
Correct Answer: A. Actions that exceed the constitutional or legal authority of an administrative body
Explanation:
Ultra vires means 'beyond the powers.' It refers to administrative actions that exceed the scope of authority granted by law or constitution and can be challenged in courts.
Which Supreme Court judgment established the principle that the President's clemency power is not subject to judicial review?
AKesavananda Bharati v. State of Kerala
BEpuru Sudhakar and Another v. Govt. of A.P.
CHussainara Khatoon v. Home Secretary, State of Bihar
DBachan Singh v. State of Punjab
Correct Answer: B. Epuru Sudhakar and Another v. Govt. of A.P.
Explanation:
In Epuru Sudhakar's case, the Supreme Court held that while the President's clemency power is discretionary, it can be reviewed on grounds of mala fides or gross abuse of power.
Which of the following correctly identifies a key difference between the powers of the President and Governor regarding ordinances?
ANeither can issue ordinances; only legislatures can make laws
BBoth have identical powers to issue ordinances without any restriction
CThe President can issue ordinances only when Parliament is in session; Governor can do so anytime
DThe President can issue ordinances when Parliament is not in session; Governor when Assembly is not in session
Correct Answer: D. The President can issue ordinances when Parliament is not in session; Governor when Assembly is not in session
Explanation:
Articles 123 and 213 respectively authorize ordinances when legislatures are not in session. Both President and Governor have similar ordinance-making powers within their respective domains.
The concept of 'Separation of Powers' in the Indian Constitution is best reflected in which of the following?
AComplete isolation of executive, legislature, and judiciary with no overlap
BDistribution of governmental powers among three branches with checks and balances
CSupremacy of the legislature over other organs
DExecutive control over both legislature and judiciary
Correct Answer: B. Distribution of governmental powers among three branches with checks and balances
Explanation:
Indian Constitution adopts a system of separation of powers with checks and balances. There is no complete separation but rather a distribution of powers with overlapping functions to maintain constitutional balance.
Which Act provides the framework for public participation in environmental decision-making at the grassroots level?
AEnvironment Protection Act, 1986
BWater Pollution Control Act, 1974
CPanchayati Raj Act, 1992 and Municipal Corporations Act
DHazardous Wastes Management Rules
Correct Answer: C. Panchayati Raj Act, 1992 and Municipal Corporations Act
Explanation:
The 73rd and 74th Constitutional Amendments established Panchayati Raj institutions and Municipal Corporations with powers over local environmental matters, enabling grassroots participation.
The doctrine of 'Colourable Legislation' in Indian constitutional law refers to:
ALaws that are nicely written and aesthetically presented
BLaws that appear valid on the surface but are enacted to circumvent constitutional restrictions
CLaws that are colored or categorized differently for statistical purposes
DLaws enacted by painting or marking government property
Correct Answer: B. Laws that appear valid on the surface but are enacted to circumvent constitutional restrictions
Explanation:
Colourable legislation refers to laws that disguise their true purpose to evade constitutional limitations. Such laws can be struck down as they violate the spirit of the Constitution.
Under which Article of the Constitution can the President of India dissolve the Lok Sabha?
AArticle 85
BArticle 356
CArticle 72
DArticle 52
Correct Answer: A. Article 85
Explanation:
Article 85 empowers the President to dissolve the Lok Sabha on the advice of the Council of Ministers. This typically happens before the end of the five-year term.