1. Consider the following statements regarding Indian Councils Act of 1909?

1. 1.It raised the number of members of Central Legislative Assembly to 60.
2. It introduced for the first time association of Indians in Viceroy’s Legislative Council.

Which of the above statements is/are incorrect?

A. 1 only

B. 2 only

C. Both 1 and 2 

D. Neither 1 nor 2

2. Which of the following statements regarding the Preamble is correct?

1. It cannot act as a prohibition upon the powers of legislature.
2. India follows a brand of communistic socialism rather than democratic socialism.

Select the correct option using the code given below:

A. 1 only

B. 2 only

C. Both 1 and 2

D. Neither 1 nor 2

3. The jurisdiction of Central Administrative Tribunal (CAT) extends to which of the following ?

1. Members of the Defence Forces
2. All India Services
3. Officers of the Supreme Court 
4. Secretarial Staff of the Parliament
5. Civilian Employees of Defence Services

Select the current option using the code given below:

A. 2 and 4 only

B. 2 and 5 only

C. 1,2 and 3 only

D. 1, 2, 3 and 5 only

4. The demand for the Constituent Assembly was accepted for the first time by the British Government in which of the following ?

A. August Offer

B. Cabinet Mission

C. Cripps Mission 

D. Morley Minto Reforms 

5. Consider the following statements:

1. Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India.
2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.

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

Answers with Explanations

1. Consider the following statements regarding Indian Councils Act of 1909?

1. It raised the number of members of Central Legislative Assembly to 60.
2. It introduced for the first time association of Indians in Viceroy’s Legislative Council.

Which of the above statements is/are incorrect?

A. 1 only

B. 2 only

C. Both 1 and 2 

D. Neither 1 nor 2

Answer : B

Explanation

Act

Provisions:

Indian Councils Act of 1909

increased the size of the legislative councils, both Central and provincial. The number of members in the Central legislative council was raised from 16 to 60.  retained official majority in the Central legislative council, but allowed the provincial legislative councils to have non- official majority.  enlarged the deliberative functions of the legislative councils at both the levels.  provided (for the first time) for the association of Indians with the executive councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s executive council.  Introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’. Thus, the Act ‘legalised communalism’ and Lord Minto came to be known as the Father of Communal Electorate.  also provided for the separate representation of presidency corporations, chambers of commerce, universities and zamindars.

2.Which of the following statements regarding the Preamble is correct?

1. It cannot act as a prohibition upon the powers of legislature.
2. India follows a brand of communistic socialism rather than democratic socialism.

Select the correct option using the code given below:

A. 1 only

B. 2 only

C. Both 1 and 2

D. Neither 1 nor 2

Answer : A

Explanation

SOCIALIST

• The socialist nature preceded the 42nd Constitutional Amendment as it was evident in the Directive Principles of State Policy.
• Indian brand of socialism is democratic socialism rather than communistic socialism.
• It holds faith in mixed economy where both public and private sectors co exist side by side.
• As per Supreme Court , “ Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian Socialism.

3.The jurisdiction of Central Administrative Tribunal (CAT) extends to which of the following?

1. Members of the Defence Forces
2. All India Services
3. Officers of the Supreme Court 
4. Secretarial Staff of the Parliament
5. Civilian Employees of Defence Services

Select the current option using the code given below:

A. 2 and 4 only

B. 2 and 5 only

C. 1, 2 and 3 only

D. 1, 2, 3 and 5 only

Answer : B

Explanation

The Central Administrative Tribunal had been established under Article 323 – A of the Constitution for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government. There are 17 Benches and 21 Circuit Benches in the Central Administrative Tribunal all over India.

Options 2 and 5 are correct. The jurisdiction of CAT extends to the

• All India services 
• Central Civil services
• Civil posts under the Centre
• Civilian employees of defence services 

Options 1, 3 and 4 are incorrect. The members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by CAT.

4. The demand for the Constituent Assembly was accepted for the first time by the British Government in which of the following ?

A. August Offer

B. Cabinet Mission

C. Cripps Mission 

D. Morley Minto Reforms 

Answer : A

Explanation

The demand of Constituent Assembly starting to be raised by Indians and in 1935-1936 this demand was officially raised before British Government by the Indian National Congress. Consequently, the demand was accepted by the British Government which sought the support of Indians in the War. The British Government proposed “August Offer” in 1940 accepting the demand conditionally and promising the formation of “Constitution-making body” after the war. The offer, however, was rejected by the Congress.

Additional Info

• On 8 August 1940, Viceroy of India Lord Linlithgow made a statement of behalf of British parliament which came to be known as the ‘August Offer’, which:
  • Proposed Dominion status as the objective for India
  • Promised that a Constituent Assembly would be set up after the war to determine India’s constitutional future with a caveat: no future system of government would be instituted that did not have the support of minority political and religious groups
  • Proposed to expand the Viceroy’s council to include a certain number of Indian political representatives, as a token towards Indian Self-Government

5. Consider the following statements:

1. Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India.
2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.

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 : D

Explanation

Statement 1 is INCORRECT

• Solicitor General does not participate in meetings of the parliament.

Statement 2 is INCORRECT

• Since he/she is appointed by the president on the advice of the Council of Ministers, conventionally he resigns when the council is dissolved. But there is no mandatory provision to that effect.

Article 76 (1)

• President shall appoint a person who is qualified to be appointed Judge of Supreme Court to be Attorney General of India 
• AG has right to speak and take part in proceedings of both houses of parliament or their joint sitting or any committee meeting but without right to vote.
• AG shall hold office during the pleasure of the President.
• Only the office of AG is created by the Constitution.
• But in addition to AG, there are other law officers of the Government of India, called Solicitor General and Additional Solicitor General.

 

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