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Indian PolityMediumAsked in: UPSC CAPF · CAPF 2024, Paper I

Under which one among the following Articles of the Constitution of India, a member of a Civil Service, whether of the Union or of a State, seeks protection from unlawful dismissal from service ?

  1. A.Article 309
  2. B.Article 311
  3. C.Article 315
  4. D.Article 320

Correct answer

B. Article 311

Explanation

The correct answer is B, Article 311. Article 311 protects civil servants of the Union and the states against arbitrary dismissal, removal or reduction in rank.

Article 310 says civil servants hold office during the pleasure of the President or the Governor, and Article 311 limits that pleasure. Under it, no civil servant can be dismissed or removed by an authority below the one that appointed them. Nor can anyone be dismissed, removed or reduced in rank without an inquiry in which they are told the charges and given a reasonable chance to be heard. The inquiry can be skipped only in narrow cases, such as conviction on a criminal charge or when the security of the state requires it.

A is wrong because Article 309 lets Parliament and state legislatures regulate recruitment and conditions of service. C is wrong because Article 315 sets up public service commissions for the Union and the states. D is wrong because Article 320 lists the functions of those commissions.

Exam tip: Article 310 = doctrine of pleasure; Article 311 = safeguards against dismissal; Articles 315–323 = public service commissions.

Practice Questions

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Q1.Indian PolityAsked in: UPSC CAPF · CAPF 2023, Paper IMedium

Which among the following is not correct?

  1. A.Legislation on criminal law, barring exceptions, is a subject under the Concurrent List.
  2. B.Bankruptcy and Insolvency are subjects under the Concurrent List.
  3. C.Inter-State trade and commerce is a subject under the State List.
  4. D.Banking is exclusively under the Union List.
Show answer
Correct answer: C. Inter-State trade and commerce is a subject under the State List.

Trade and commerce between States is Entry 42 of the Union List, so it is wrong to place it in the State List.

Q2.Indian PolityAsked in: UPSC CAPF · CAPF 2024, Paper IMedium

Which of the following statements is/are correct ?

1. The abolition of the Official Secrets Act, 1923 was recommended by the Second Administrative Reforms Commission

2. The Right to Information Act was enacted in 2005

Select the answer using the code given below :

  1. A.1 only
  2. B.2 only
  3. C.Both 1 and 2
  4. D.Neither 1 nor 2
Show answer
Correct answer: C. Both 1 and 2

The Second Administrative Reforms Commission asked for the Official Secrets Act to be repealed, and the Right to Information Act was passed in 2005.

Q3.Indian PolityAsked in: UPSC CAPF · CAPF 2021, Paper IMedium

Which one of the following powers has not been conferred on the President of India?

  1. A.Appointment of Prime Minister
  2. B.To decide at his/her discretion any question regarding disqualification of a Member of the Parliament
  3. C.To grant pardon to a person who has been punished by a court-martial
  4. D.To remove a Judge of the High Court
Show answer
Correct answer: B. To decide at his/her discretion any question regarding disqualification of a Member of the Parliament

Under Article 103 the President decides a question of disqualification of an MP, but must obtain the opinion of the Election Commission and act according to it, so there is no discretion.

Q4.Indian PolityAsked in: UPSC CAPF · CAPF 2023, Paper IMedium

Which among the following statements regarding the powers of the High Courts under Article 226 of the Constitution of India is not correct?

  1. A.It can issue writs of habeas corpus, mandamus, quo warranto, certiorari, and prohibition.
  2. B.Writs can be issued to enforce any rights conferred by Part-III and for any other purpose.
  3. C.This power can derogate the power conferred on the Supreme Court under Article 32(2).
  4. D.Writ can be issued to any authority under its jurisdiction.
Show answer
Correct answer: C. This power can derogate the power conferred on the Supreme Court under Article 32(2).

Article 226(4) says expressly that the High Court's writ power shall not be in derogation of the power conferred on the Supreme Court by Article 32(2).

Q5.Indian PolityAsked in: UPSC CAPF · CAPF 2021, Paper IEasy

Consider the following quote :

"On the 26th January, 1950, we are going to enter a life of contradictions. In politics we will have equality and in social and economic life we will have inequality."

To whom among the following leaders is this quote attributed?

  1. A.Mahatma Gandhi
  2. B.Sarojini Naidu
  3. C.B. R. Ambedkar
  4. D.Somnath Lahiri
Show answer
Correct answer: C. B. R. Ambedkar

He spoke these words in his final speech to the Constituent Assembly on 25 November 1949. Dr B. R. Ambedkar, chairman of the Drafting Committee, closed the debates on the draft Constitution with a speech warning about the gap between political and social democracy.