APPSC Group-1 2019 Polity Previous Year Questions

Article 144 of the Indian Constitution states that all civil and judicial authorities in the territory of India shall act in aid of the Supreme Court. A Supreme Court judge addresses resignation to the President (not Chief Justice). The Supreme Court can review its own judgments under Article 137.

The Basic Structure doctrine (established in Kesavananda Bharati case, 1973) holds that Parliament cannot amend the Constitution under Article 368 to the extent of destroying its basic structure/framework. The basic structure was not explicitly mentioned on 26 Jan 1950.

The Estimates Committee of Parliament is one of the financial committees. It examines budget estimates and suggests where economies, improvements in organization, efficiency, or administrative reform may be made. It is associated with New Legislation reforms to ensure better financial control.

Secularism in India (as a constitutional principle) includes equality before law (Article 14), prohibition of discrimination on religious grounds, and applicability to all including irreligious persons. The sentiment of majority people towards cow protection is a political/social sentiment, not a constitutional component of secularism.

Social justice legislation upholds rights like decent living standards for workers, protection of weaker sections, and enacting laws for vulnerable groups. However, ‘to remove economic inequalities’ is primarily a Directive Principle of State Policy goal — courts uphold laws that promote social justice but cannot directly remove economic inequality through legislation.

Article 19(1)(a) guarantees freedom of speech and expression. Even a person in prison retains the right to expression (e.g., writing, speaking within limits). However, freedoms of profession, employment, and earning are practically curtailed by imprisonment.

A petition of Habeas Corpus actually lies against executive authority AND can also be filed against private individuals in certain cases (e.g., when a private person unlawfully detains another). So the statement that it is ‘not available against private individuals’ is incorrect/wrong.

Parliament CAN amend Fundamental Rights for implementing Directive Principles — this was affirmed in several cases including the 25th Amendment Act. The Supreme Court in Minerva Mills case held that there must be harmony between Fundamental Rights and Directive Principles.

A Governor does NOT quit his office immediately after expiry of his term. By constitutional convention, the Governor continues in office until a successor is appointed (holds office during the pleasure of the President under Article 156). He is not required to vacate immediately.

Orders passed by the Governor on the aid and advice of the Council of Ministers headed by the Chief Minister are not subject to judicial review as they represent collective executive decisions. However, orders in his discretion, executive power, and pardons are judicially reviewable.

Even after the resignation of the Prime Minister, the Council of Ministers does NOT continue to exist to advise the President — the entire cabinet falls with the PM’s resignation. The Council of Ministers exists only when led by a Prime Minister.

The Supreme Court has held that the Preamble is a key to the minds of the framers and can be used to interpret the Constitution. It may be invoked to determine the scope and ambit of Fundamental Rights and Directive Principles of State Policy.

Article 15 clause (1) prohibits discrimination by the State on grounds of religion, race, caste, sex, or place of birth. Clause (2) prohibits such discrimination in access to public places. Both clauses are NOT limited only to discrimination on grounds of religion and place of birth — they cover all five grounds.

Office of the Governor is not a federal feature — Governors are appointed by the President of India and represent the Union in states, making it a unitary feature. Rigid Constitution, Bicameral Legislature, and Independent Judiciary are all recognized federal features.

When the government/legislature disagrees with a Supreme Court decision, they have two constitutional options: (1) Pass a law challenging/nullifying the effect of the decision, or (2) Pass a constitutional amendment that circumvents the decision. Both options are available.

In case of disagreement between State Legislative Assembly and State Legislative Council on a bill, the only power of the Council is to interpose some delay (it can delay a bill by maximum 4 months). Unlike Parliament, there is no provision for joint sitting of State Legislature Houses.

Only the Union (Central) Government can dismiss or remove a member of an All India Service (like IAS, IPS, IFS). Even if the officer is serving under a State Government, the power of dismissal/removal lies exclusively with the Central Government.

No previous sanction or recommendation of the President is required for introducing any legislation on any matter in Parliament (except Money Bills which require President’s recommendation). Courts are also not debarred from invalidating legislation just because Presidential sanction was not obtained.

Reprieve = stay of execution (IV); Respite = awarding lesser sentence (III); Remission = reducing amount of sentence without changing character (I); Commutation = substituting one punishment for another lighter one (II). So: a-IV, b-III, c-I, d-II.

Only the President of India has the power to pardon a sentence of death (capital punishment). The Governor does not have this power. Article 72 gives the President this exclusive power, while Article 161 gives Governors pardoning power for state offences excluding death sentences.

Adjournment sine die means terminating a sitting for an indefinite period (without fixing a date for next meeting). Adjournment terminates a sitting (not the entire session). Dissolution ends all business before Lok Sabha. Prorogation lapses all pending notices but not pending bills in most cases.

The Preamble to the Indian Constitution secures to all citizens: Liberty of Thought, Expression, Belief, Faith, and Worship. All five liberties — thought, expression, belief, faith, and worship — are explicitly mentioned in the Preamble.

The 14th Finance Commission of India (chaired by Y.V. Reddy) submitted its report in December 2014. Its recommendations cover the period from 1st April 2015 to 31st March 2020, making it a five-year award period.

The Inter-State Council is established under Article 263 of the Constitution, making it a constitutional body. It was set up in 1990 to inquire and advise on inter-state disputes. River Water Tribunals, Zonal Councils, and Zonal Tribunals are statutory bodies created by Parliament.

The Punchhi Committee recommended that the National Integration Council should meet at least once a year (annually), not once in two years. All other recommendations — localising emergency provisions, deployment of central forces for short periods, treating pre-poll alliances as one party — are correct.

According to Article 171 of the Constitution, 1/6th (not 1/13th) of the total members of the Legislative Council shall be elected by the Legislative Assembly. The other fractions — 1/3 from local bodies, 1/12 by graduates, 1/12 by teachers — are correct.

When a Governor of a State is appointed as administrator of a Union Territory, he exercises his functions independently of his Council of Ministers (of the state). He acts as a separate constitutional authority for the UT, without the aid and advice of state ministers.

Both Union and State governments do NOT have absolute freedom to make laws on the Concurrent List — in case of conflict, Central law prevails (Article 254). Parliament can make laws on State List only in special circumstances (national interest, emergency, etc.), not freely.

Article 300A (inserted by the 44th Amendment, 1978) provides that no person shall be deprived of his property save by authority of law. This replaced the erstwhile fundamental right to property (Article 31) while still providing legal protection against arbitrary state action.

Under Article 304(b), a State Government can impose reasonable restrictions on the freedom of trade/commerce with other states, but such a bill must be moved in the State Legislature only with the previous sanction of the President of India.