UPSC Prelims Practice Questions — SC rejects petition for CBI investigation into ‘horse-trading’ in T.N.

Q1. With reference to disqualification on the ground of defection under the Tenth Schedule to the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. A legislator elected as an independent candidate is disqualified if they join a political party after the election.
  2. A legislator who votes contrary to the party's direction without prior permission escapes disqualification if the party condones the act within the prescribed period.
  3. A question whether a legislator has become disqualified is decided by the Governor, who acts on the opinion of the Election Commission.
  • A. 1 and 2 only
  • B. 1, 2 and 3
  • C. 2 and 3 only
  • D. 1 only

Q2. With reference to the exceptions to disqualification under the Tenth Schedule as it stands today, consider the following statements: Which of the statements given above is/are correct?

  1. Legislators forming one-third of a legislature party who break away and function as a separate group are protected from disqualification.
  2. Where a party merges with another, members of its legislature party who reject the merger and opt to function as a separate group are also protected from disqualification.
  • A. 1 only
  • B. 2 only
  • C. Both 1 and 2
  • D. Neither 1 nor 2

Q3. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. A Speaker's decision disqualifying a legislator under the Tenth Schedule can be challenged before a constitutional court.
  2. The Tenth Schedule does not describe the Speaker's decision on a question of disqualification as final.
  • 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

Q4. With reference to the resignation of a member of a State Legislative Assembly under Article 190 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. The Speaker must obtain the Election Commission's opinion before rejecting a resignation as not genuine.
  2. The seat does not become vacant merely on submission of the resignation; it becomes vacant when the Speaker accepts it.
  3. In deciding whether a resignation is voluntary, the Speaker may rely on information received from sources other than the resigning member.
  • A. 1 and 2 only
  • B. 1, 2 and 3
  • C. 2 only
  • D. 2 and 3 only

Q5. Consider the following constitutional provisions: (I) Article 191(1)(e) disqualifies a person from membership of a State Legislature if so disqualified by or under any law made by Parliament. (II) Article 191(2) disqualifies a person who is disqualified under the Tenth Schedule. (III) Article 164(1B) bars a member disqualified under paragraph 2 of the Tenth Schedule from being appointed a Minister from the date of disqualification until the member's term would have expired, or until the date on which the member is declared elected, whichever is earlier. Which of the following inferences can be drawn from the above?

  1. A legislator disqualified for defection is not, by that disqualification alone, barred from being elected again during the remainder of the same term.
  2. The Supreme Court may, in exercise of its power to do complete justice, add a new ground of disqualification for membership of a State Legislature.
  3. Parliament can add a ground of disqualification for membership of a State Legislature only by amending the Constitution.
  • A. 1 and 2 only
  • B. 1 only
  • C. 1 and 3 only
  • D. 2 and 3 only

Q6. Consider the following assertion: The 'resign-and-recontest' route allows a legislator to switch parties during the term of a House while avoiding the consequences that the Tenth Schedule attaches to defection. Which of the following statements support the above assertion?

  1. A seat vacated by an accepted resignation is filled through a bye-election, and under the present law the former member is not barred from contesting it as another party's candidate.
  2. A merger of the original party is protected only when at least two-thirds of the members of the legislature party agree to it.
  3. The bar on appointment as a Minister under Article 164(1B) is attached to disqualification under paragraph 2 of the Tenth Schedule, not to the resignation of a seat.
  4. Disqualification proceedings under the Tenth Schedule are initiated on a petition by any other member of the House.
  • A. 1, 2 and 3 only
  • B. 1, 3 and 4 only
  • C. 1 and 3 only
  • D. 2 and 4 only

Q7. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Where a State has withdrawn its general consent, the Central Government cannot, merely by extending the jurisdiction of the Delhi Special Police Establishment by notification, enable the CBI to investigate a fresh case in that State.
  2. Section 6 of the Delhi Special Police Establishment Act, 1946 makes the exercise of powers by members of the Establishment in a State conditional on the consent of that State's government.
  • 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

Q8. With reference to the consent of State governments for investigations by the Central Bureau of Investigation (CBI), consider the following statements: Which of the statements given above is/are correct?

  1. A State's withdrawal of general consent also invalidates investigations the CBI had already registered in that State under the earlier consent.
  2. A State that has withdrawn general consent can refuse entry to the CBI in a case that its own High Court has referred to the CBI.
  3. The consent requirement under Section 6 of the Delhi Special Police Establishment Act, 1946 does not apply to investigations in a Union territory.
  • A. 1, 2 and 3
  • B. 3 only
  • C. 1 and 2 only
  • D. 2 and 3 only