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Indian PolityHardAsked in: Haryana · 19 Sept 2021

'The Council of Ministers' of Central Govt comes into existence only after

  1. A.All the Ministers have taken the Oath of office
  2. B.The Prime Minister has taken the Oath of office
  3. C.Allocation of portfolios
  4. D.Winning the confidence of Parliament

Correct answer

A. All the Ministers have taken the Oath of office

Explanation

The correct answer is A, All the Ministers have taken the Oath of office. A Council of Ministers is a body made up of ministers, so it comes into being only once each of them has been sworn in. Under Article 75 the President appoints the Prime Minister, and then appoints the other ministers on the Prime Minister's advice. Article 75(4) requires every minister to take the oath of office and of secrecy before the President in the form laid down in the Third Schedule, and until that oath is taken a person named to the Council cannot act as a minister. Option B is wrong because the Prime Minister's oath makes one person the head of government; a single minister is not yet a Council. Option C is wrong because allotting portfolios is a later act of allocating business, and a minister without portfolio is still a minister. Option D is wrong because confidence of the Lok Sabha is what keeps the Council in office under Article 75(3); it is not what brings it into existence. Exam tip: Article 75(4) with the Third Schedule — oath first, portfolios afterwards.

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Q1.Indian PolityAsked in: SSC CGL · 14 Jul 2023, Shift 1Easy

Who is the Administrative Head of the Indian Audit and Accounts Department?

  1. A.Accountant General
  2. B.Principal Accountant General
  3. C.Director General
  4. D.The Comptroller and Auditor General
Show answer

Correct answer: D. The Comptroller and Auditor General

Explanation

The correct answer is D, The Comptroller and Auditor General. The Comptroller and Auditor General of India heads the Indian Audit and Accounts Department, the organisation through which the audit of Union and State accounts is actually carried out. The office is created by Article 148. The CAG is appointed by the President by warrant under hand and seal, holds office for six years or until the age of sixty five, whichever comes first, and can be removed only in the manner laid down for a judge of the Supreme Court. Article 149 sets out the duties, and the audit reports go to the President or the Governor, who lays them before the legislature, where the Public Accounts Committee takes them up. A is wrong because an Accountant General heads a state level office under the CAG. B is wrong because Principal Accountant General is a senior rank of the same kind. C is wrong because a Director General serves inside the department rather than at its head. Exam tip: Article 148, the CAG heads the audit department, six years or age sixty five.

Q2.Indian PolityAsked in: SSC CGL · 6 March 2023Easy

How many types of writs can be issued under Article 32 and 226 of the Constitution of India?

  1. A.Four
  2. B.Six
  3. C.Five
  4. D.Seven
Show answer

Correct answer: C. Five

Explanation

The correct answer is C, Five. Five writs can be issued: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Habeas corpus asks that a detained person be produced before the court. Mandamus commands a public authority to perform a duty it has refused to perform. Prohibition stops a lower court from going beyond its jurisdiction, while certiorari quashes an order such a court has already passed. Quo warranto questions a person’s claim to hold a public office. The Supreme Court issues these under Article 32, but only to enforce fundamental rights, and the right to move the Court under Article 32 is itself a fundamental right. A High Court’s power under Article 226 is wider, because it covers both fundamental rights and other legal rights. All five were borrowed from English common law. A, B and D are wrong because the Constitution provides exactly five, no more and no fewer. Exam tip: Article 32 for the Supreme Court and Article 226 for High Courts, five writs in both.

Q3.Indian PolityAsked in: SSC CGL · 9 August 2017, Shift 3Easy

Anti-defection law is given in which schedule of the Indian Constitution?

  1. A.Second Schedule
  2. B.Tenth Schedule
  3. C.Third Schedule
  4. D.Fourth Schedule
Show answer

Correct answer: B. Tenth Schedule

Explanation

The correct answer is B, Tenth Schedule. The anti-defection law sits in the Tenth Schedule, which sets out when a member of Parliament or of a State legislature loses the seat for defecting. It was inserted by the 52nd Constitutional Amendment Act of 1985, after a decade in which governments were toppled by floor crossing. A member is disqualified for voluntarily giving up the membership of the party on whose ticket the seat was won, or for voting against the party whip. The Speaker or the Chairman of the House decides such a case, and courts can review that decision. The 91st Amendment of 2003 removed the old one third split defence, so only a merger supported by two thirds of a party’s legislators is now protected. A is wrong because the Second Schedule fixes the salaries and allowances of the President, Governors, Speakers and judges. C is wrong because the Third Schedule carries the forms of oath and affirmation. D is wrong because the Fourth Schedule allots Rajya Sabha seats to states and union territories. Exam tip: Tenth Schedule, anti-defection, 52nd Amendment of 1985.

Q4.Indian PolityAsked in: SSC GD Constable · 14 Feb 2019, Shift 3Medium

Which of the following Union Territories is given partial statehood in India?

  1. A.Chandigarh
  2. B.Dadra and Nagar Haveli
  3. C.Daman Diu
  4. D.Puducherry
Show answer

Correct answer: D. Puducherry

Explanation

The correct answer is D, Puducherry. Puducherry is a Union Territory with a legislature of its own, which is why it is said to have partial statehood. Article 239A, added in 1962, allowed Parliament to create a legislature and a council of ministers for such a territory, and the Government of Union Territories Act, 1963 gave Puducherry an Assembly and a Chief Minister, while an administrator styled Lieutenant Governor still represents the President. Delhi has a similar arrangement under Article 239AA, and Jammu and Kashmir became a Union Territory with a legislature in 2019. A is wrong because Chandigarh is administered directly, with the Governor of Punjab acting as its administrator. B and C are wrong because Dadra and Nagar Haveli and Daman and Diu, merged into a single Union Territory in 2020, have no legislature and are run by an administrator. Exam tip: the Union Territories with legislatures are Delhi, Puducherry and Jammu and Kashmir.

Q5.Indian PolityAsked in: SSC GD Constable · 15 Feb 2019, Shift 2Easy

Which of the following is a subject of the state list?

  1. A.Banking
  2. B.Defence
  3. C.Police
  4. D.Forests
Show answer

Correct answer: C. Police

Explanation

The correct answer is C, Police. The Seventh Schedule of the Constitution divides subjects into three lists, and public order and police are the first two entries of the State List, so each state makes its own laws on them and runs its own force. That is why policing is called a state subject, and why central armed police forces go into a state mainly at its request or in a Union Territory. A is wrong because banking is in the Union List, which is why the Reserve Bank and the regulation of banks rest with the Centre. B is wrong because defence is the first entry of the Union List. D is wrong because forests, which were once a State List subject, were moved to the Concurrent List by the 42nd Amendment of 1976, along with education, weights and measures, and the protection of wild animals and birds. Exam tip: police and public order are State List subjects; forests and education moved to the Concurrent List in 1976.