UPSC Prelims Practice Questions — Karnataka HC strikes down law increasing SC/ST quota
Q1. Consider the following statements: Which of the following is correct in respect of the above statements?
- Under Article 16(4B), reserved vacancies of a year that remain unfilled and are carried forward to later years are not counted with the vacancies of the later year when applying the fifty per cent ceiling for that year.
- The text of Article 16(4) itself provides that reservation of appointments or posts for backward classes shall not exceed fifty per cent of the posts.
- A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
- B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
- C. Statement-I is correct, but Statement-II is incorrect
- D. Statement-I is incorrect, but Statement-II is correct
Q2. With reference to the identification of Scheduled Castes under the Constitution, consider the following statements: Which of the statements given above is/are correct?
- The President specifies the Scheduled Castes in relation to a State by public notification after consultation with the Governor of that State.
- After the initial notification for a State, the President may add a caste to that list by issuing a subsequent notification.
- A State Legislature may, by law, exclude a caste from the list of Scheduled Castes notified in relation to that State.
- A. 1 and 3 only
- B. 2 only
- C. 1 only
- D. 2 and 3 only
Q3. A State Legislature passes a law that (i) raises the percentage of posts reserved for Scheduled Castes in State services, and (ii) adds a new community to the list of Scheduled Castes for that State. Leaving aside the question of any ceiling on total reservation, which one of the following correctly describes the State's competence?
- A. The list change is valid after consulting the Governor; the quota increase needs Parliament's assent
- B. The quota increase lies within the State's enabling power; the list change requires a law of Parliament
- C. Both measures lie within the State's competence, since the State frames its own reservation policy
- D. Both measures require a prior presidential notification before the State law can take effect
Q4. With reference to reservation for economically weaker sections (EWS) under the Constitution, consider the following statements: Which of the statements given above is/are correct?
- An economically weak member of a community covered by Article 16(4) as a backward class is eligible for EWS reservation under Article 16(6).
- EWS reservation in admissions under Article 15(6) can extend to private unaided educational institutions.
- EWS reservation in admissions under Article 15(6) can be applied to minority educational institutions referred to in Article 30(1).
- Article 16(6) enables EWS reservation in matters of promotion with consequential seniority.
- A. 2 only
- B. 2 and 3 only
- C. 1 and 4 only
- D. 1, 2 and 4 only
Q5. A High Court holds two sections of a State reservation law unconstitutional but leaves the remaining provisions in force, because those provisions can operate on their own without the invalid ones. This approach reflects which one of the following doctrines?
- A. Doctrine of pith and substance
- B. Doctrine of eclipse
- C. Doctrine of colourable legislation
- D. Doctrine of severability
Q6. A State already reserves 50 per cent of the posts in a category for Scheduled Castes, Scheduled Tribes and other backward classes. It now also provides the maximum reservation for economically weaker sections permitted under Article 16(6) in that category. What is the most likely effect on total reservation in that category?
- A. Total reservation stays at 50 per cent, since EWS posts are drawn proportionately from SC, ST and OBC shares
- B. Total reservation stays at 50 per cent, since EWS posts must be adjusted within the existing reserved quota
- C. Total reservation may reach 60 per cent only for posts filled by promotion, since EWS applies to promotions
- D. Total reservation may reach 60 per cent, since EWS reservation operates in addition to the existing reservation