Q. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?

(a) Article 14 and the provisions under the 42nd Amendment to the Constitution.

(b) Article 17 and the Directive Principles of State Policy in Part IV.

(c) Article 21 and the freedoms guaranteed in Part III.

(d) Article 24 and the provisions under the 44th Amendment to the Constitution.

Answer: (c) Article 21 and the freedoms guaranteed in Part III.

Right to Privacy:
  • Generally understood that privacy is synonymous with the right to be let alone.
  • The Supreme Court described privacy and its importance in the landmark decision of K.S. Puttaswamy v. Union of India in 2017 that – Right to Privacy is a fundamental and inalienable right and attaches to the person covering all information about that person and the choices that he/ she makes.
  • The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
  • Restrictions (as stated in the Judgement):
    • The right may be restricted only by state action that passes each of the three tests:
      • First, such state action must have a legislative mandate,
      • Second, it must be pursuing a legitimate state purpose, and
      • Third, it must be proportionate i.e., such state action- both in its nature and extent, must be necessary in a democratic society and the action ought to be the least intrusive of the available alternatives to accomplish the ends.
  • Step taken by Government: Acknowledging the importance of privacy, the Government has presented the personal Data Protection Bill 2019 in the Parliament.

Q. Regarding Money Bill, which of the following statements is not correct?

(a) A bill shall be deemed to be a Money Bill if it contains only provisions relating to imposition, abolition, remission, alteration, or regulation of any tax.

(b) A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India.

(c) A Money Bill is concerned with the appropriation of moneys out of the Contingency Fund of India.

(d) A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India.

Answer: (c) A Money Bill is concerned with the appropriation of moneys out of the Contingency Fund of India.

Notes:
  • In India, a Money Bill is a type of legislation that relates to the appropriation of money from the Consolidated Fund of India, which is the main fund of the government. 
  • Money Bills are typically related to financial matters such as taxation, public expenditure, and public debt. Article 110 of the constitution deals with Money Bill in India. 
  • According to the Constitution of India, a bill is considered a Money Bill if it contains only provisions dealing with all or any of the following matters:
    • The imposition, abolition, remission, alteration, or regulation of any tax.
    • The regulation of the borrowing of money or the giving of any guarantee by the Government of India.
    • The custody of the Consolidated Fund or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such fund.
    • The appropriation of money out of the Consolidated Fund of India.
    • The declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure.
    • The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money.
    • Any matter incidental to any of the matters specified above.
  • A money bill cannot be introduced in Rajya Sabha.
  • Rajya Sabha can neither reject a Money Bill nor amend it
  • The Speaker of the Lok Sabha decides whether the Bill is a Money Bill or not. Also, the Speaker’s decision shall be deemed to be final.
  • A Money Bill may only be introduced in Lok Sabha, on the recommendation of the President. 
  • It must be passed in Lok Sabha by a simple majority.
  • It may be sent to the Rajya Sabha for its recommendations, which Lok Sabha may reject if it chooses to. 
  • If such recommendations are not given within 14 days, it will be deemed to be passed by Parliament.
FeaturesMoney BillFinancial Bill
ArticleArticle 110Article 117
DefinitionA bill that exclusively deals with financial matters such as the imposition or alteration of taxes, borrowing of money by the government, and expenditure from or receipt to the Consolidated Fund of India.A bill that deals with financial matters but is not limited to the subjects covered by a money bill.
IntroductionCan be introduced only in the Lok SabhaCan be introduced in either the Lok Sabha or the Rajya Sabha
ExamplesThe Finance Bill, The Appropriation BillThe Banking Regulation (Amendment) Bill, The Companies (Amendment) Bill

Q. With reference to the election of the President of India, consider the following statements:

  1. The value of the vote of each MLA varies from State to State.
  2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (a) 1 only

Notes:
  • The electoral college of President of India consists of elected members of Lok Sabha, Rajya Sabha, Legislative Assemblies of the states, and the Legislative Assemblies of the Union Territories of Delhi and Puducherry.
  • The elections are conducted and overseen by the Election Commission (EC) of India.
  • He is elected indirectly by the principle of Proportional Representation by means of Single Transferable Vote.
  • Under Article 324 of the Constitution of India, the authority to conduct elections to the Office of President is vested in the Election Commission of India.
  • The value of votes of MLAs would differ from State to State as it is based on population criterion and population of each state is different.
    • As per the Constitution (Eighty-fourth Amendment) Act 2001, currently, the population of States is taken from the figures of the 1971 Census. This will change when the figures of the Census taken after the year 2026 are published.
  • The value of each MLA’s vote is determined by dividing the population of the State by the number of MLAs in its legislative Assembly, and the quotient achieved is further divided by 1000.
    • Uttar Pradesh for instance, has the highest vote value for each of its MLAs, at 208. The value of one MLA’s vote in Maharashtra is 175, while that in Arunachal Pradesh is just 8.
  • However, the value of votes of all MPs is the same whether in Lok Sabha or Rajya Sabha.
    • The fixed value of each vote by an MP of the Rajya Sabha and the Lok Sabha is 700.
  • Related Constitutional Provisions:
    • Article 54: Election of President
    • Article 55: Manner of election of President.
    • Article 56 :Term of office of President
    • Article 57: Eligibility for re-election.
    • Article 58: Qualifications for election as President

Q. Consider the following statements:

  1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.
  2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (a) 1 only

Notes:
  • A member holding office as Speaker or Deputy Speaker of the Legislative Assembly –
    • (a) shall vacate his office if he ceases to be a member of the Assembly;
    • (b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and
    • (c) maybe removed from his office by a resolution of the Legislative Assembly passed by a majority of all the then members of the Assembly:
  • Whenever the Legislative Assembly is dissolved, the Speaker shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

Q. Which one of the following reflects the most appropriate relationship between law and liberty?

(a) If there are more laws, there is less liberty.

(b) If there are no laws, there is no liberty.

(c) If there is liberty, laws have to be made by the people.

(d) If laws are changed too often, liberty is in danger.

Answer: (b) If there are no laws, there is no liberty.

Notes:
  • Absence of all restraints on an individual is defined as liberty. John Locke wrote that “the end of law is not to abolish or restrain, but to preserve and enlarge freedom.”
    • Where there is no Law, there is no Freedom. For Liberty is to be free from restraint and violence from others which cannot be, where there is no Law.
  • Since individuals live together in a society, complete absence of restraints would be neither possible nor desirable. It has been very aptly said that your liberty to swing your arm ends there where my nose begins. For liberty to be enjoyed by everyone, it should have reasonable restraints. The freedom of many requires restraint of law on the freedom of some.
  • Liberty Means freedom of thought, expression and action. However It does not mean freedom to do anything that one desires or likes. If that were to be permitted then a large number of people will not be able to enjoy their freedom.
  • Therefore, freedoms are defined in such a manner that every person will enjoy her freedom without threatening freedom of others and without endangering the law and order situation. So if there are no laws then there will be chaos and no individual can enjoy his/her liberty.

Q. Consider the following statements:

  1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
  2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (c) Both 1 and 2

Notes:
  • According to Article 361:
    • No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.
    • No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.
  • According to Article 158:
    • The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State is appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
    • The Governor shall not hold any other office of profit.
    • The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. 
    • The emoluments and allowances of the Governor shall not be diminished during his term of office.

Q. Which of the following are regarded as the main features of the “Rule of Law”?

  1. Limitation of powers
  2. Equality before law
  3. People’s responsibility to the Government
  4. Liberty and civil rights

Select the correct answer using the code given below:

(a) 1 and 3 only
(b) 2 and 4 only
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4

Answer: (c) 1, 2 and 4 only

Notes:
  • It is the government that is responsible to the people and not the vice versa.
  • The term “rule of law” is originated from England and India has adopted the concept.
  • The basic features of Rule of Law as per Dicey:
    • Law does not recognize any special rights for any individual or group of individuals. 
    • Law does not recognize any distinction between one individual and the other on the basis of religion, race, sex, etc.
    • None is punished without proper trial.
    • All will be tried by the same court under the same law. 
    • Rule of Law is to safeguard and advance the political and civil rights of the individual in a free society.
    • The rule of law does not give scope to absolute and arbitrary powers to the executive.

Q. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then

(a) the Assembly of the State is automatically dissolved.

(b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

(c) Article 19 is suspended in that State.

(d) the President can make laws relating to that State.

Answer: (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

President Rule (Article 356):
  • President rule is imposed in a state if the state government cannot be carried on in accordance with the provisions of the constitution.
  • Proclamation of President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.
  • The approval takes place through a simple majority.
  • Initially, the President’s rule is valid for six months and it can be extended for a maximum period of three years with the approval of the Parliament, every six months.
  • It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
  • In case of failure of constitutional machinery, the state legislature is suspended and the executive authority of the state is assumed by the president in whole or in part.
  • President by proclamation can declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.

Q. With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

(a) Committee on Government Assurances

(b) Committee on Subordinate Legislation

(c) Rules Committee

(d) Business Advisory Committee

Answer: (b) Committee on Subordinate Legislation

Committee on Subordinate Legislation:
  • The Committee on Subordinate Legislation constituted in 1953 examines and reports to the House whether the powers to make rules, regulations, bye-laws, schemes, or other statutory instruments conferred by the Constitution or delegated by Parliament are being properly exercised.
  • In both the Houses, the committee consists of 15 members.
  • The Chairman of the Committee is appointed by the Speaker or Chairman among its members.
    • Chairman has only a casting vote in discussions.
  • Provided that if the Deputy Chairman is a member of the Committee, he shall be appointed Chairman of the Committee. 
  • In order to constitute a meeting of the Committee, the quorum shall be five.
  • The Committee shall have the power to require the attendance of persons or the production of papers or records if such a course is considered necessary for the discharge of its duties.
  • Functions:
    • Whenever a rule, regulation, order or by-law is referred to the committee its looks for the following:
      • Whether the order is in accordance with the constitution.
      • Whether the order contains tax imposition.
      • Whether the order bars the jurisdiction of the Court.
      • Whether it involves any expenditure from the Consolidated Fund of India, etc.
  • Report:
    • The Committee Chairman submits a report to the Council of Ministers.
Committees to Scrutinize and Control

There are six types of these committees which are given below:

  • Committee on Government Assurance – Whenever a minister makes any promise, or assure, or take any undertaking in Lok Sabha; this committee examines the extent of such promises, assurances and undertakings carried through by him/her. It has 15 members in Lok Sabha and 10 members in Rajya Sabha
  • Committee on Subordinate Legislation – It examines whether the executives are exercising well, their powers to make regulations, rules, sub-rules and bye-laws delegated by the Parliament or conferred by the Constitution. In both the houses, it comprises 15 people
  • Committee on Papers laid on the table – When ministers lay any paper on the table, this committee scrutinizes the credibility of the paper and if that paper complies with the provision of the constitution. It has 15 members in Lok Sabha and 10 in Rajya Sabha.
  • Committee on Welfare of SCs & STs – It consists of 30 members. 20 are taken from Lok Sabha and 10 from Rajya Sabha. Reports of National Commission for SCs and National Commission for STs are considered by this committee
  • Committee on Empowerment of women – The report of National Commission for women is considered by this committee.
  • Joint Committee on Offices of Profit – This committee examines the composition and character of committees and other bodies appointed by the Central, state and union territory governments and recommends whether persons holding these offices should be disqualified from being elected as members of Parliament or not.
Committees relating to the day-to-day business of the house

There are four types of this committee mentioned below:

  • Business Advisory Committee – It regulates the time-table of the house.
  • Committee on Private Members’ Bills and Resolutions – It classifies bills and allocates time for the discussion on bills and resolutions introduced by private members
  • Rules Committee – If there is any need of amendment in the rules of the house, this committee makes a proposal
  • Committee on Absence of Members – All the leave applications, applied by the member of the houses are taken up by this committee

Q. Consider the following statements:

  1. As per the Right to Education (RTE) Act, to be eligible for appointment as a teacher in a State, a person would be required to possess the minimum qualification laid down by the concerned State Council of Teacher Education.
  2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in a accordance with the National Council of Teacher Education guidelines.
  3. In India, more than 90% of teacher education institutions are directly under the State Governments.

Which of the statements given above is/are correct?

(a) 1 and 2
(b) 2 only
(c) 1 and 3
(d) 3 only

Answer: (b) 2 only

Notes:
  • In accordance with the provisions of sub-section (1) of section 23 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, the National Council for Teacher Education (NCTE) has laid down the minimum qualifications for a person to be eligible for appointment as a teacher in class I to VIII, vide its Notification dated August 23, 2010.
  • One of the essential qualifications for a person to be eligible for appointment as a teacher in any of the primary schools is that he/she should pass the Teacher Eligibility Test (TET) which will be conducted by the appropriate Government.
  • From the mid-1960s to 1993, the number of Teacher Education Institutions(TEIs) in India went up from about 1,200 to about 1,500. After the NCTE was set up, the number of TEIs exploded to about 16,000 by 2011, of which over 90% are private. So in India, more than 90% of teacher education institutions are private institutes.
Right to Education Act
  • Every child between the ages of 6 to 14 years has the right to free and compulsory education.
    • This is stated as per the 86th Constitution Amendment Act via Article 21A. The Right to Education Act seeks to give effect to this amendment
  • The government schools shall provide free education to all the children and the schools will be managed by School Management Committees (SMC). Private schools shall admit at least 25% of the children in their schools without any fee.
    • The National Commission for Elementary Education shall be constituted to monitor all aspects of elementary education including quality.
  • Main Features of Right to Education (RTE) Act, 2009:
    • Free and compulsory education to all children of India in the 6 to 14 age group.
    • No child shall be held back, expelled or required to pass a board examination until the completion of elementary education.
    • If a child above 6 years of age has not been admitted in any school or could not complete his or her elementary education, then he or she shall be admitted in a class appropriate to his or her age. However, if a case may be where a child is directly admitted in the class appropriate to his or her age, then, in order to be at par with others, he or she shall have a right to receive special training within such time limits as may be prescribed. Provided further that a child so admitted to elementary education shall be entitled to free education till the completion of elementary education even after 14 years.
    • Proof of age for admission: For the purpose of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the Provisions of Birth. Deaths and Marriages Registration Act 1856, or on the basis of such other document as may be prescribed. No child shall be denied admission in a school for lack of age proof.
    • A child who completes elementary education shall be awarded a certificate.
    • Call need to be taken for a fixed student–teacher ratio.
    • Twenty-five per cent reservation for economically disadvantaged communities in admission to Class I in all private schools is to be done.
    • Improvement in the quality of education is important.
    • School teachers will need adequate professional degree within five years or else will lose job.
    • School infrastructure (where there is a problem) need to be improved in every 3 years, else recognition will be cancelled.
    • Financial burden will be shared between the state and the central government.

Q. Consider the following statements:

  1. In the first Lok Sabha, the single largest party in the opposition was the Swatantra Party.
  2. In the Lok Sabha, a “Leader of the Opposition” was recognised for the first time in 1969.
  3. In the Lok Sabha, if a party does not have a minimum of 75 members, its leader cannot be recognised as the Leader of the Opposition.

Which of the statements given above is/are correct?

(a) 1 and 3 only
(b) 2 only
(c) 2 and 3 only
(d) 1, 2 and 3

Answer: (b) 2 only

Notes:
  • The Indian general election of 1951–52, held from 25 October 1951 to 21 February 1952, was the first election to the Lok Sabha since India became independent in August 1947.
    • The Indian National Congress (INC) won a landslide victory, winning 364 of the 489 seats and 45% of the total votes polled.
    • Jawaharlal Nehru became the first democratically elected Prime Minister of the country.
    • The Communist Party of India (CPI) came second with 16 seats.
  • In 1969, an official leader of the opposition was recognized for the first time. However, it was given statutory recognition in 1977.
  • The leader of the largest opposition party having not less than one-tenth seats of the total strength of the House is recognized as the leader of Opposition in that House.
    • The 10% of the total strength of the House is 55 seats in the Lok Sabha. This is as per the Mavalakar Rule. G V Mavalankar was the first Speaker of Lok Sabha.
    • Leader of Opposition is a statutory position that is defined in the 1977 Salaries and Allowances of Leaders of Opposition in Parliament Act.
Significance of Leader Of Opposition:
  • The “shadow prime minister” or the “alternative prime minister” are terms used to describe him. If the current administration is toppled or is unable to get a majority in the house of parliament, he also offers a backup administration.
  • The absence of such a Leader of the Opposition will weaken the democratic spirit since the opposition will be unable to present a united front in opposition to the ruling party.
  • By offering the administration constructive critique, he also contributes significantly to the government’s functioning in terms of policy and legislative actions.
  • He also offers a different perspective and aids in the representation of one that differs from the government’s.
  • The opposition leader, among other things, also keeps an eye out for violations of minorities’ rights and calls for debates when the government tries to evade parliamentary scrutiny.
  • He is essential in ensuring impartiality and bipartisanship in the nominations made to institutions that promote accountability and openness.

Q. Consider the following statements:

  1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
  2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (a) 1 only

Notes:
  • The Ninth Schedule was added to the Constitution by the first amendment in 1951 along with Article 31-B with a view to providing a “protective umbrella” to land reform laws to save them from being challenged in courts on the ground of violation of fundamental rights.
    • The SC upheld the validity of Article 31-B and Parliament’s power to place a particular law in the Ninth Schedule.
  • The Supreme Court has said that laws placed in the Ninth Schedule are open to judicial scrutiny and that such laws do not enjoy blanket protection.
    • Waman Rao v. Union of India (1981): In this significant decision, the Supreme Court ruled that the amendments made after 24th April 1973 in Ninth Schedule can be challenged on the grounds of constitutionality.
    • The landmark ruling in IR Coelho versus State of Tamil Nadu, 2007, the Supreme Court of India ruled that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution. 
    • Laws placed in the Ninth Schedule after the Kesavananda Bharati judgment on April 24, 1973, when it propounded the “basic structure” doctrine, were open to judicial review.

Q. “Rule of Law Index” is released by which of the following?

(a) Amnesty International

(b) International Court of Justice

(c) The office of UN Commissioner for Human Rights

(d) World Justice Project

Answer: (d) World Justice Project

Notes:
  • The Rule of Law Index (ROLI) is released by the World Justice Project (WJP), a US-based civil society group.
  • It rates countries based on accountability of executives and respect for fundamental rights of people.
  • The index is prepared by examining these four principles through eight factors: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice.
  • India has been ranked 77th out of 140 countries in 2022 by the World Justice Project (WJP)