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Indian PolityMediumAsked in: UPSC CAPF · CAPF 2021, Paper I

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

Correct answer

B. To decide at his/her discretion any question regarding disqualification of a Member of the Parliament

Explanation

The correct answer is B. 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.

Article 102 lists the grounds on which a member of Parliament can be disqualified, such as holding an office of profit or being of unsound mind. If a question arises on these grounds, Article 103 refers it to the President, whose decision is final, but before deciding the President must take the Election Commission's opinion and is bound by it. Disqualification for defection under the Tenth Schedule is decided by the Speaker or Chairman, not the President. The other three powers are clearly given: Article 75 for appointing the Prime Minister, Article 72 for pardons including court-martial sentences, and Article 217 with Article 124(4) for removing a High Court judge after an address by both Houses.

A is wrong as an answer because the President appoints the Prime Minister. C is wrong as an answer because Article 72 covers court-martial punishments. D is wrong as an answer because the President removes a High Court judge on Parliament's address.

Exam tip: Article 103: President decides MP disqualification but must follow the Election Commission's opinion; defection cases go to the Speaker.

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 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).

Q4.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.

Q5.Indian PolityAsked in: UPSC CAPF · CAPF 2023, Paper IMedium

Which among the following deals with Habeas Corpus?

  1. A.State of Uttar Pradesh v. Raj Narain and Ors. (1975)
  2. B.Additional District Magistrate, Jabalpur v. Shivakant Shukla (1976)
  3. C.Mrs. Maneka Gandhi v. Union of India (1978)
  4. D.Nandini Satpathy v. P.L. Dani (1978)
Show answer
Correct answer: B. Additional District Magistrate, Jabalpur v. Shivakant Shukla (1976)

This is the famous habeas corpus case decided during the Emergency. During the Emergency of 1975 to 1977, the President suspended the right to move courts for the enforcement of Article 21.