APPSC Group-1 2019 Polity Previous Year Questions

Ans: (4) The Supreme Court has the autonomy to make rules for the practice and procedure of court (as per APPSC official final key)

Under Article 145, the Supreme Court can, with the approval of the President, make rules for regulating its practice and procedure. This is part of its independence.

The other statements are inaccurate: a judge addresses his resignation to the President, not the CJI (Article 124(2)(a)); the Court can review its own judgments (Article 137). Article 144 does say that all civil and judicial authorities shall act in aid of the Supreme Court, but the key gives (4) as the answer.

Note:

• Article 129: Supreme Court is a court of record.
• Article 141: law declared by the Supreme Court is binding on all courts.

Ans: (2) Basic structure means that which cannot be amended in exercise of the power under Article 368 of the Constitution. (as per APPSC official final key)

The basic structure doctrine was laid down by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973). It means that Parliament can amend any part of the Constitution under Article 368, but cannot alter its basic structure, such as supremacy of the Constitution, secularism, federalism, separation of powers, judicial review and democracy.

The term is not in the Constitution of 1950; it was developed by courts, and courts (not Parliament) decide what forms the basic structure.

Note:

• Minerva Mills (1980): balance between Fundamental Rights and DPSPs is part of the basic structure.
• Golaknath (1967) had held that Parliament could not amend Fundamental Rights.

Ans: (2) Financial Control reforms (as per APPSC official final key)

The Estimates Committee of the Lok Sabha (30 members, all from Lok Sabha) examines the budget estimates and suggests economies, improvements in organisation and efficiency, and alternative policies. It is called a “continuous economy committee”. It is one of the three financial committees, so it is a tool of financial control.

Note:

• Its origin is the Standing Financial Committee of 1921; first Estimates Committee 1950 (John Mathai’s suggestion).
• Public Accounts Committee (22 members) examines CAG reports; Committee on Public Undertakings examines PSUs.

Ans: (4) Not applicable to irreligious persons/citizen. (as per APPSC official final key)

Secularism in India means the state has no religion of its own and treats all religions equally (“sarva dharma sambhava”). Its components include equality before law (Article 14), the ban on discrimination on grounds of religion (Articles 15, 16), freedom of religion (Articles 25–28) and minority rights (Articles 29–30).

Freedom of conscience in Article 25 protects non-believers too, so secularism applies equally to irreligious citizens. Statement (4) is therefore not a component. The key treats cow protection (Article 48, a Directive Principle) as part of the list.

Note:

• ‘Secular’ was added to the Preamble by the 42nd Amendment (1976).
• S.R. Bommai (1994): secularism is a basic feature.

Ans: (4) To enact unquestionable laws to protect certain people of the society. (as per APPSC official final key)

Social justice is a goal in the Preamble and the Directive Principles (Articles 38, 39, 46). Courts have used it to uphold laws that remove economic inequalities, ensure a decent standard of living for workers (Article 43) and protect weaker sections (Article 46).

But no law is “unquestionable”: every law is subject to judicial review, so the idea of enacting unquestionable laws is outside social justice.

Note:

• Article 31-C protects some laws giving effect to DPSPs (39(b) and (c)).
• Ninth Schedule laws after 24 April 1973 can still be reviewed (I.R. Coelho, 2007).

Ans: (1) Expression (as per APPSC official final key)

A prisoner loses some freedoms, such as movement and profession, but not all Fundamental Rights. The Supreme Court has held that a prisoner keeps his freedom of speech and expression and the right to life with dignity under Article 21. For example, he can write and publish books (State of Maharashtra v. Prabhakar Pandurang Sanzgiri, 1966).

Note:

• Sunil Batra (1978): prisoners have rights against torture and solitary confinement.
• D.K. Basu (1997): guidelines on arrest and custody.

Ans: (3) A petition of Habeas Corpus lies against the executive authority, not available against the private individuals. (as per APPSC official final key)

Habeas corpus (“you may have the body”) is a writ asking a person who has detained another to produce him before the court and justify the detention. It protects any person, citizen or not.

It lies against both public authorities and private individuals. So statement (3), which says it does not lie against private persons, is wrong. It is not issued when the detention is by a competent court or is lawful, and petitions are not dismissed on technical defects of pleading.

Note:

• Writs: Articles 32 (Supreme Court) and 226 (High Courts).
• Other writs: mandamus, prohibition, certiorari, quo warranto.

Ans: (2) Parliament cannot amend Fundamental Rights for implementing the Directive Principles. (as per APPSC official final key)

Directive Principles (Part IV, Articles 36–51) are not enforceable in courts (Article 37), but the state must apply them in making laws. Courts hold that they supplement Fundamental Rights in building a welfare state.

Parliament can amend Fundamental Rights to give effect to Directive Principles, as long as the basic structure is not damaged (Kesavananda Bharati; e.g. Article 31-C). So statement (2) is wrong.

Note:

• Idea borrowed from the Irish Constitution.
• Granville Austin: Parts III and IV are the ‘conscience of the Constitution’.

Ans: (4) Governor shall quit his office immediately after expiry of his term. (as per APPSC official final key)

The Governor is appointed by the President (Article 155) and holds office during the President’s pleasure. Under Article 361 he is not answerable to any court for his official acts, and he is not answerable to the State Legislature or Parliament.

His term is five years, but he continues to hold office until his successor enters office (Article 156(3)). So statement (4) that he must quit immediately after his term is wrong.

Note:

• Same person may be Governor of two or more States (7th Amendment, 1956).
• B.P. Singhal case (2010): Governors cannot be removed arbitrarily.

Ans: (4) Where the Governor acts without the aid and advice of the Council of Ministers and acts in his own discretion (as per APPSC official final key)

Under Article 163, the Governor acts on the advice of the Council of Ministers, except where the Constitution requires him to act in his discretion. Article 163(2) says that if a question arises whether a matter is within his discretion, his decision is final and the validity of anything done by him in his discretion cannot be questioned.

So acts in his own discretion are kept outside judicial review in the text, while ordinary executive orders and pardons can be reviewed on limited grounds.

Note:

• Discretionary examples: reserving a bill for the President (Article 200), reporting for President’s Rule (Article 356).
• Nabam Rebia (2016): discretion is limited and open to review in some cases.

Ans: (4) During the period of National Emergency, the President acquires discretionary powers, and can take independent decisions. (as per APPSC official final key)

Under Article 74, there shall always be a Council of Ministers headed by the PM to aid and advise the President, and the President must act on that advice. The Council continues even after the dissolution of the Lok Sabha until a new one is formed (U.N.R. Rao case, 1971).

A National Emergency (Article 352) does not give the President discretionary powers; he still acts on ministerial advice, and the proclamation itself needs written advice of the Cabinet (44th Amendment). So statement (4) is wrong.

Note:

• 44th Amendment (1978) replaced ‘internal disturbance’ with ‘armed rebellion’.
• President can return advice once for reconsideration.

Ans: (4) Fundamental Rights and Directive Principles (as per APPSC official final key)

The Preamble sets out the aims of the Constitution. Though not enforceable itself, courts use it to interpret ambiguous provisions and to determine the scope of Fundamental Rights and Directive Principles. For example, in Kesavananda Bharati (1973) the Preamble’s ideals helped define the basic structure.

Note:

• Preamble’s source of authority: ‘We, the People of India’.
• Date of adoption mentioned: 26 November 1949.

Ans: Question deleted by APPSC (official final key; no option is treated as correct)

This question was deleted by APPSC in the official final key, so no option is scored as correct.

Article 15 forbids the state from discriminating against citizens on grounds only of religion, race, caste, sex or place of birth. Clause (2) extends this to access to shops, hotels, wells and public places. Clause (3) allows special provisions for women and children, clause (4) for SEBCs, SCs and STs, clause (5) for their admission to educational institutions, and clause (6) for EWS (103rd Amendment, 2019).

Note:

• Article 15(4) was added by the First Amendment (1951) after the Champakam Dorairajan case.
• Article 16 covers public employment.

Ans: (4) Office of the Governor (as per APPSC official final key)

India’s Constitution is federal in form, with features like two governments, division of powers, a written and rigid constitution, an independent judiciary and a bicameral legislature (Rajya Sabha represents states).

It also has unitary features, such as a strong Centre, single citizenship, all-India services, emergency provisions, and the office of the Governor, who is appointed by the Centre. So the Governor is not a federal feature.

Note:

• K.C. Wheare called India ‘quasi-federal’.
• Article 1: India is a ‘Union of States’.

Ans: (3) Both are options, pass a constitutional amendment that circumvents the decision or pass a law challenging the decision (as per APPSC official final key)

If the government or legislature disagrees with a Supreme Court decision, it can:

• pass a law that removes the basis of the judgment (a validating law), or
• pass a constitutional amendment that circumvents it.

Example: after the Shah Bano case (1985) Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986; after Golaknath (1967) Parliament passed the 24th Amendment. Both remain subject to judicial review and the basic structure.

Note:

• Indira Gandhi v. Raj Narain (1975): 39th Amendment clause struck down.
• Parliament cannot simply overrule a judgment without changing the law’s basis.

Ans: (3) The only power of the Council is to interpose some delay in the passage of the bill (as per APPSC official final key)

In a state with two Houses, the Legislative Council is weaker than the Assembly. For an ordinary bill, the Council can delay it for three months at first and one month when it is passed again (Article 197). For money bills the delay is only 14 days.

There is no joint sitting in state legislatures. So the Council’s only power is to delay the bill.

Note:

• Joint sitting exists only for Parliament (Article 108).
• Article 169: Parliament creates or abolishes Councils on the Assembly’s resolution.

Ans: (1) A member of an All India Service can be dismissed or removed only by the Union government. (as per APPSC official final key)

Members of the All India Services (IAS, IPS, IFoS) are recruited by the Union and serve under the Centre or States. Under the All India Services (Discipline and Appeal) Rules, a member can be dismissed or removed only by the Central Government; the state can only suspend him and start proceedings.

Note:

• Article 312: new all-India services by Rajya Sabha resolution (two-thirds).
• Article 311: no dismissal by an authority lower than the appointing authority.

Ans: (2) Courts are debarred from invalidating any legislation on the ground that the President’s previous sanction was not obtained. (as per APPSC official final key)

Some bills need the President’s prior sanction or recommendation (e.g. money bills, Article 117; new states, Article 3; trade restrictions, Article 304(b)). Under Article 255, no Act is invalid merely because such sanction was not obtained, if assent was later given by the President (or Governor). So courts cannot strike down a law only on that ground.

A money bill cannot be returned for reconsideration, and the President can disallow state bills reserved for him (Article 201).

Note:

• President’s veto: absolute, suspensive and pocket.
• Ordinance power: Article 123.

Ans: (1) a-IV, b-III, c-I, d-II (as per APPSC official final key)

The President (Article 72) and Governor (Article 161) can grant:

• Reprieve – a stay of execution of a sentence (especially death) for a time.
• Respite – awarding a lesser sentence because of special facts like pregnancy or disability.
• Remission – reducing the period of a sentence without changing its character.
• Commutation – substituting a lighter form of punishment (e.g. death to life imprisonment).

So a-IV, b-III, c-I, d-II.

Note:

• Pardon removes both the sentence and the conviction.
• Kehar Singh (1989) and Epuru Sudhakar (2006): limited judicial review of pardons.

Ans: (3) The only authority for pardoning a sentence of death is the President. (as per APPSC official final key)

The President’s pardoning power (Article 72) is wider than the Governor’s (Article 161). Only the President can pardon a death sentence; the Governor can suspend, remit or commute it but cannot pardon it. The President can also pardon sentences by court martial; the Governor cannot.

For offences against laws on the Concurrent List, both have concurrent powers of suspension, remission and commutation.

Note:

• Both act on the advice of the Council of Ministers (Maru Ram, 1980).
• Governor’s power covers offences against state laws.

Ans: (4) Adjournment sine die means terminating a sitting for an indefinite period. (as per APPSC official final key)

A sitting of Parliament can end by:

• Adjournment – ends a sitting for hours or days; the session continues. Adjournment sine die ends a sitting for an indefinite period, done by the presiding officer.
• Prorogation – ends the session (by the President); pending bills do not lapse, though pending notices (except for bills) lapse.
• Dissolution – ends the life of the Lok Sabha; most pending bills lapse, but not all (e.g. a bill pending in Rajya Sabha not passed by Lok Sabha).

Note:

• Rajya Sabha is a permanent House and is never dissolved.
• A bill for which a joint sitting has been notified does not lapse on dissolution.

Ans: (1) Thought, expression, belief, faith and worship (as per APPSC official final key)

The Preamble secures to all citizens Liberty of thought, expression, belief, faith and worship, along with Justice (social, economic, political), Equality (of status and opportunity) and Fraternity (assuring dignity of the individual and unity and integrity of the nation).

Note:

• Liberty, Equality, Fraternity: from the French Revolution.
• Justice (social, economic, political): from the Russian Revolution.

Ans: (1) 1st April 2015 to 31st March 2020 (as per APPSC official final key)

The 14th Finance Commission was chaired by Y.V. Reddy. Its recommendations covered 1 April 2015 to 31 March 2020. It raised the states’ share in the divisible pool of central taxes from 32% to 42%, the largest increase ever.

Note:

• 15th FC (N.K. Singh): 41% for 2021–26.
• Finance Commission: Article 280.

Ans: (2) Inter-State Council (as per APPSC official final key)

The Inter-State Council is the only constitutional body among these. Article 263 allows the President to set it up to investigate and advise on disputes between states and on subjects of common interest. It was first set up in 1990 on the Sarkaria Commission’s recommendation, with the PM as chairman.

Zonal Councils are statutory (States Reorganisation Act, 1956), and river water tribunals are set up under the Inter-State River Water Disputes Act, 1956 (made under Article 262).

Note:

• Five Zonal Councils, chaired by the Union Home Minister.
• North-Eastern Council: North-Eastern Council Act, 1971.

Ans: (4) National Integration Commission shall meet once in two years (as per APPSC official final key)

The Punchhi Commission (2007–2010) on Centre-State relations recommended:

• localising emergency provisions under Articles 355 and 356 to a district or part of it;
• allowing deployment of central forces without state consent for a short period;
• treating a pre-poll alliance as one party when inviting a party to form government;
• a fixed five-year term for Governors and their removal only by a state Assembly resolution.

The key treats statement (4) about the National Integration Council meeting once in two years as not one of its recommendations.

Note:

• Sarkaria Commission (1983–88) was the earlier Centre-State commission.
• Rajamannar Committee (1969) was set up by Tamil Nadu.

Ans: (4) 1/13th of the total number of Council shall be elected by Legislative Assembly. (as per APPSC official final key)

Under Article 171, a Legislative Council has members not more than one-third of the Assembly and at least 40. They are chosen as:

• 1/3 by local bodies;
• 1/12 by graduates of three years’ standing;
• 1/12 by teachers of three years’ standing;
• 1/3 by the Legislative Assembly (not 1/13);
• 1/6 nominated by the Governor (literature, science, art, cooperatives, social service).

Note:

• Councils exist in six states: AP, Telangana, UP, Bihar, Maharashtra, Karnataka.
• AP’s Council was abolished in 1985 and revived in 2007.

Ans: (2) As such administrator independently of his Council of Ministers. (as per APPSC official final key)

Under Article 239(2), the President can appoint the Governor of a State as the Administrator of an adjoining Union Territory. In that role he acts independently of his Council of Ministers, because the UT is administered by the President through him, not by the state government.

Note:

• The Governor of Punjab is the Administrator of Chandigarh.
• Delhi (Article 239AA) and Puducherry have legislatures.

Ans: (3) Both Union and State governments have absolute freedom to make laws related to Concurrent list. (as per APPSC official final key)

Parliament can make laws on State List subjects in these cases:

• when the Rajya Sabha passes a resolution in the national interest (Article 249);
• during a National Emergency (Article 250);
• when two or more States request it (Article 252);
• to implement international agreements (Article 253);
• during President’s Rule (Article 356).

On the Concurrent List both can legislate, but they do not have “absolute freedom”: if there is a conflict, the Union law prevails (Article 254). So statement (3) is wrong.

Note:

• Article 249 resolution needs two-thirds of members present and voting; valid for one year.
• Residuary powers: Parliament (Article 248).

Ans: Question deleted by APPSC (official final key; no option is treated as correct)

This question was deleted by APPSC in the official final key, so no option is scored as correct.

The right to property was removed from Fundamental Rights by the 44th Amendment (1978) and made a constitutional (legal) right under Article 300-A: “No person shall be deprived of his property save by authority of law.” None of the options gave 300-A exactly (Article 300 deals with suits by and against the government; 299 with government contracts), which explains the deletion.

Note:

• Earlier property rights were in Articles 19(1)(f) and 31.
• Article 300-A rights can be enforced through Article 226, not Article 32.

Ans: (2) President (as per APPSC official final key)

Article 304(b) lets a State legislature impose reasonable restrictions on trade, commerce or intercourse with or within the State in the public interest. But such a bill can be introduced only with the previous sanction of the President.

Part XIII (Articles 301–307) guarantees freedom of trade and commerce throughout India.

Note:

• Article 304(a): States can tax goods from other States equally with local goods.
• Article 307: Parliament can appoint an authority for Articles 301–304.