UPSC Prelims Practice Questions — SC axes Karnataka law validating ‘corrupt’ hiring

Q1. With reference to the power of Indian legislatures to enact validating laws in response to court judgments, consider the following statements: Which of the statements given above is/are correct?

  1. A legislature may retrospectively amend the law on which a judgment rested, so that the legal basis of that judgment ceases to exist.
  2. A legislature may declare that a particular final judgment of a High Court shall not be given effect, provided the law is passed by a special majority of the House.
  3. A law that retrospectively cures the defect pointed out by a court remains open to judicial review on the ground that it violates fundamental rights.
  • A. 1, 2 and 3
  • B. 2 and 3 only
  • C. 1 only
  • D. 1 and 3 only

Q2. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Even on a subject within its legislative competence, a State legislature cannot enact a law whose only effect is to direct that a final court judgment be disregarded.
  2. Deciding disputes and binding the parties by that decision is a judicial function, and the separation of powers forms part of the basic structure of the Constitution.
  • 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

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

  1. Although appointed by the Governor, a member of a State Public Service Commission can be removed from office only by order of the President.
  2. The conditions of service of a member of a Public Service Commission cannot be varied to the member's disadvantage after appointment.
  • 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 regulation of recruitment to the civil services of a State under the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. Until the State legislature makes a law on the subject, recruitment to State services may be regulated by rules made by the Governor.
  2. Rules made by the Governor for State services have effect subject to the provisions of any Act of the State legislature on the subject.
  3. The power of the State legislature to regulate recruitment to State services is subject to the other provisions of the Constitution, including the fundamental rights.
  • A. 2 and 3 only
  • B. 1 and 2 only
  • C. 1, 2 and 3
  • D. 1 only

Q5. A State's recruitment for gazetted posts was cancelled after an inquiry found manipulation, and the High Court and the Supreme Court both upheld the cancellation. Years later, the State legislature enacted an Act declaring that the selections made in that recruitment would stand notwithstanding those judgments. The Supreme Court then declared the Act unconstitutional. Consider the following: Which of the above inferences can validly be drawn?

  1. The Act failed because it sought to reverse a judicial determination rather than alter the legal basis on which that determination rested.
  2. State legislatures lack competence to make laws regulating recruitment to State services.
  3. Any law with retrospective effect that changes the outcome of a decided case is necessarily unconstitutional.
  4. Acts passed by a State legislature are subject to judicial review by the Supreme Court.
  • A. 1 and 4 only
  • B. 2 and 3 only
  • C. 1, 2, 3 and 4
  • D. 1, 3 and 4 only

Q6. Consider the following assertion: A State law reviving a recruitment that the courts have cancelled can be invalidated even though it was passed by a majority in the elected legislature. Which of the following statements support/supports the above assertion?

  1. The separation of powers is part of the basic structure of the Constitution even though it is not specifically mentioned in its text.
  2. The Supreme Court can strike down laws made by a legislature if they violate the Constitution.
  3. The Governor's assent to a State Bill places the resulting Act beyond challenge before the High Court or the Supreme Court.
  • A. 1, 2 and 3
  • B. 1 and 2 only
  • C. 2 and 3 only
  • D. 1 only

Q7. Under Article 320, a State Public Service Commission must ordinarily be consulted on several matters concerning the State's civil services. On which one of the following matters does the Constitution NOT require the Commission to be consulted?

  • A. Principles to be followed in making promotions and transfers between services
  • B. Disciplinary matters affecting a person serving the State in a civil capacity
  • C. The manner of making reservation of posts for backward classes of citizens
  • D. Methods of recruitment to civil services and for civil posts

Q8. With reference to the bar on further employment of members of Public Service Commissions after they cease to hold office, consider the following statements: Which of the statements given above is/are correct?

  1. A member other than the Chairman of a State Public Service Commission is eligible for appointment as Chairman of the UPSC, but not as a member of the UPSC.
  2. A member of a State Public Service Commission may be appointed to any other post under the State government once the member's term ends.
  3. The Chairman of the Union Public Service Commission is ineligible for any further employment under the Government of India or the Government of a State.
  • A. 1 and 2 only
  • B. 3 only
  • C. 1 and 3 only
  • D. 2 and 3 only