UPSC Static Quiz – Polity : 25 October 2024

Solution: c)

Statement 1 is correct: The word ‘office’ has not been defined in the Constitution or the Representation of the People Act of 1951.

According to Articles 102(1)(a) and 191(1)(a) of the Constitution, an MP or MLA is barred from holding an office of profit as it can put them in a position to gain a financial benefit.

Statement 2 is correct: Under the Representation of People Act too, holding an office of profit is grounds for disqualification.

• “A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament, (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder,” says the law.
• Holding an office under the Central or State government, to which some pay, salary, emolument, remuneration or non-compensatory allowance is attached, is “holding an office of profit” for the purpose of Article 102 of the Constitution of India.

A person who acquires a contract or licence from a government to perform functions, which the government would have itself discharged, will not be held guilty of holding an office of profit.

Solution: d)

Statement 1 is correct: The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years.

Statement 2 is correct: The term of the Lok Sabha can be extended during the period of national emergency by a law of Parliament for one year at a time for any length of time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

Statement 3 is correct: The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha.

Solution: d)

The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to co-operative societies.

In this context, it made the following three changes in the Constitution:

• It made the right to form co-operative societies a fundamental right (Article 19).
• It included a new Directive Principle of State Policy on promotion of co-operative societies (Article 43-B).
• It added a new Part IX-B in the Constitution which is entitled as “The Co-operative Societies” (Articles 243-ZH to 243-ZT).

Solution: c)

A pressure group is a group of people who are organised actively for promoting and defending their common interest.

There is no explicit provision in the constitution of India regarding pressure groups.

But these groups exist because of article 19 which gives citizens the right to form associations and unions.  Hence statement 1 is correct.

A large number of pressure groups exist in India; they can be broadly divided into following categories

Business groups

• Trade Unions
• Agrarian groups
• Professional associations
• Religious organisations
• Tribal Organisations
• Linguistic groups
• Caste groups
• Ideology based groups
• Student organisations
• Anomic groups

Pressure groups Based on religion play an important role in Indian politics. They represent narrow communal interest. They include Rashtriya Swayamsevak Sangh, Anglo Indian Association, Shiromani Akali dal, Association of Roman Catholics and so on.

There are various caste based groups in India in Tamil Nadu, Maharashtra, Rajasthan and several other states.

Solution: b)

Statement 3 is incorrect.

The writ of habeas corpus can be issued against both public authorities as well as private individuals. The writ, on the other hand, is not issued where the

• detention is lawful,
• the proceeding is for contempt of a legislature or a court,
• detention is by a competent court, and
• detention is outside the jurisdiction of the court.

The writ of mandamus cannot be issued

• against a private individual or body;
• to enforce departmental instruction that does not possess statutory force;
• when the duty is discretionary and not mandatory;
• to enforce a contractual obligation;
• against the president of India or the state governors; and
• against the chief justice of a high court acting in judicial capacity.

The writ of prohibition can be issued only against judicial and quasi-judicial authorities.

It is not available against administrative authorities, legislative bodies, and private individuals or bodies.