UPSC Prelims 2025 Analysis

Explanation

Statement I: Incorrect The Lokpal's jurisdiction covers all public servants in India, including those posted outside India. The Lokpal and Lokayuktas Act, 2013, does not exclude Indian public servants posted abroad from its purview.

Statement II: Incorrect While it is true that the Chairperson or a Member of Lokpal cannot be a Member of Parliament or a State/UT Legislature, the Chairperson does not have to be only the Chief Justice of India (CJI), whether incumbent or retired. The Chairperson can be a former CJI, a former judge of the Supreme Court, or an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of not less than 25 years in matters relating to anti-corruption policy, public administration, vigilance, finance, law and management.

Statement III: Correct As per Section 3(4) of the Lokpal and Lokayuktas Act, 2013, the Chairperson or a Member shall not be a person of less than forty-five years of age on the date of assuming office.

Statement IV: Incorrect The Lokpal can inquire into allegations of corruption against a sitting Prime Minister, but with certain limitations and subject to specific procedures and safeguards. The Act does not bar inquiry against a sitting Prime Minister, but restricts it in certain cases (e.g., international relations, external and internal security, public order, atomic energy and space, etc.).

Therefore, only Statement III is correct.

Explanation

I. The Inter-State Council: Correct The Inter-State Council was established under Article 263 of the Constitution of India.

II. The National Security Council: Incorrect The National Security Council (NSC) was established in 1998 by the Government of India. There is no mention of the NSC in the Constitution of India. It is a non-constitutional, executive body.

III. Zonal Councils: Incorrect Zonal Councils were set up under the States Reorganisation Act, 1956, which is a statute and not a constitutional provision. The Constitution does not provide for Zonal Councils.

Explanation

Statement I: Correct An Ordinance issued by the President (under Article 123) or Governor (under Article 213) has the same force and effect as an Act of Parliament or State Legislature. Therefore, an Ordinance can amend any Central Act, subject to constitutional limitations.

Statement II: Incorrect An Ordinance cannot abridge or take away Fundamental Rights. Article 13(2) of the Constitution prohibits the State from making any law (including Ordinances) that takes away or abridges Fundamental Rights. Any such law is void to the extent of the contravention.

Statement III: Correct An Ordinance can be given retrospective effect, i.e., it can come into effect from a back date, just like an Act of Parliament. There is no constitutional bar on this, and the Supreme Court has upheld this power.

Therefore, only statements I and III are correct.

Explanation

Statement I: Correct Article 361(1) of the Indian Constitution provides that the Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office or for any act done or purported to be done by him/her in the exercise and performance of those powers and duties.

Statement II: Correct Article 361(2) states that no criminal proceedings whatsoever shall be instituted or continued against the Governor of a State in any court during his/her term of office.

Statement III: Correct Article 194(2) of the Constitution provides that no member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him/her in the Legislature or any committee thereof. This is similar to the parliamentary privileges enjoyed by Members of Parliament under Article 105.

Therefore, all three statements are correct.

Explanation

Statement I: Incorrect The Tenth Schedule of the Constitution (anti-defection law) states that if any question arises as to whether a member of a House has become subject to disqualification, the decision of the Chairman (for Rajya Sabha) or the Speaker (for Lok Sabha) of such House shall be final. The President does not have a role in this decision, nor is it made in accordance with the opinion of the Council of Union Ministers.

Statement II: Incorrect The word 'political party' is indeed mentioned in the Constitution of India, specifically in the Tenth Schedule, which deals with the anti-defection law. Therefore, it is incorrect to say that there is no mention of the word 'political party' in the Constitution.

Therefore, neither statement is correct.

Explanation

Statement I: This statement is NOT correct. Under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), the regulation of minor minerals is primarily a State subject. State Governments have the power to make rules for the grant of concessions for extraction of minor minerals (such as sand, clay, gravel, etc.) within their territories. Section 15 of the MMDR Act specifically empowers State Governments to make rules regarding minor minerals.

Statement II: This statement is correct. The Central Government has the power to notify which minerals are to be considered as 'minor minerals' under the MMDR Act. The Central Government, through notification, classifies certain minerals as minor minerals, and then the States regulate their extraction.

Conclusion: Statement I is not correct, but Statement II is correct.

Explanation

Statement I: Correct Article 94 of the Constitution of India states that the Speaker of the Lok Sabha does not vacate his/her office upon the dissolution of the House. The Speaker continues in office until immediately before the first meeting of the newly constituted House. This ensures continuity in the functioning of the office of the Speaker.

Statement II: Incorrect There is no constitutional provision that requires a Member of the House of the People (Lok Sabha) to resign from his/her political party upon being elected as Speaker. However, by convention, the Speaker is expected to be impartial and may resign from the party, but it is not mandated by the Constitution.

Statement III: Correct Article 94 of the Constitution provides that the Speaker may be removed from office by a resolution of the House of the People passed by a majority of all the then members of the House. The Constitution also requires that at least 14 days' notice must be given of the intention to move such a resolution.

Therefore, statements I and III are correct.

Explanation

Pair I: Separation of Judiciary from the Executive in the public services of the State : The Directive Principles of the State Policy

• Correct. Article 50 of the Directive Principles of State Policy (DPSP) directs the State to take steps to separate the judiciary from the executive in the public services of the State.

Pair II: Valuing and preserving of the rich heritage of our composite culture : The Fundamental Duties

• Correct. Article 51A(f) of the Fundamental Duties states that it is the duty of every citizen to value and preserve the rich heritage of our composite culture.

Pair III: Prohibition of employment of children below the age of 14 years in factories : The Fundamental Rights

• Correct. Article 24, which is a Fundamental Right, prohibits the employment of children below the age of 14 years in factories, mines or any other hazardous employment.

Therefore, all three pairs are correctly matched.

Explanation

Row I: Incorrect

• The Directorate of Enforcement (ED) is responsible for enforcing the Fugitive Economic Offenders Act, 2018. However, it does not work under the Internal Security Division-I, Ministry of Home Affairs. Instead, the ED works under the Department of Revenue, Ministry of Finance.

Row II: Correct

• The Directorate of Revenue Intelligence (DRI) enforces the provisions of the Customs Act, 1962. It works under the Department of Revenue, Ministry of Finance. This is correctly matched.

Row III: Correct

• The Directorate General of Systems and Data Management is responsible for big data analytics to assist tax officers and nab tax evaders. It also works under the Department of Revenue, Ministry of Finance. This is correctly matched.

Conclusion:

• Only two rows (II and III) are correctly matched.

Therefore, the correct option is B. Only two

Explanation

Statement I: Incorrect Panchayats at the intermediate level (i.e., Block or Mandal Panchayats) do not exist in all States. According to Article 243B of the Constitution, states with a population not exceeding 20 lakhs may not constitute Panchayats at the intermediate level. Thus, smaller states and Union Territories may have only two tiers (village and district levels).

Statement II: Incorrect The minimum age to be a member of a Panchayat at any level is 21 years, as per Article 243F of the Constitution. The age of thirty years is not required.

Statement III: Incorrect The State Finance Commission, which reviews the financial position of Panchayats and makes recommendations regarding the distribution of taxes, is constituted by the Governor of the State, not the Chief Minister (Article 243I).

Therefore, all three statements are incorrect.

Explanation

Statement I: Correct The Constitution of India does explicitly mention that the Governor of a State can act in his/her own discretion in certain matters. For example, Article 163(2) states that if any question arises whether a matter falls within the Governor's discretion, the decision of the Governor shall be final. Also, in matters like reserving a bill for the President (Article 200), or in the appointment of the Chief Minister when no party has a clear majority, the Governor acts in his/her discretion.

Statement II: Incorrect The President of India cannot, on his/her own, reserve a bill passed by a State Legislature for consideration. It is the Governor who has the power to reserve certain bills for the consideration of the President under Article 200. The President can only act on a bill once it is reserved and forwarded by the Governor. There is no provision for the President to directly take up a bill passed by a State Legislature without the Governor's intervention.

Therefore, only Statement I is correct.

Explanation

I. List I–Union List, in the Seventh Schedule: Correct Article 368(2) of the Constitution states that if a constitutional amendment seeks to make any change in the Seventh Schedule (which includes the Union List), it requires ratification by not less than one-half of the State Legislatures. This is because changes to the distribution of powers between the Union and the States affect the federal structure.

II. Extent of the executive power of a State: Correct Any amendment that seeks to change the extent of the executive power of the State also requires ratification by at least half of the State Legislatures. This is because it directly affects the relationship between the Union and the States, which is a federal feature protected by the Constitution.

III. Conditions of the Governor’s office: Incorrect Amendments relating to the conditions of the Governor's office do not require ratification by the States. Only those provisions that affect the federal structure (like the election of the President, representation of States in Parliament, powers of the Supreme Court and High Courts, and the Seventh Schedule) require such ratification. The conditions of the Governor's office are not included in this list.

Therefore, only I and II require ratification by not less than one-half of the State Legislatures.

Explanation

Statement I: Incorrect When an area in a State is declared as a Scheduled Area under the Fifth Schedule, the State Government does NOT lose its executive power. The administration of such areas is carried out by the State Government, but it is subject to special provisions and the Governor has special powers to make regulations for the peace and good governance of these areas. There is no provision for a local body to assume total administration, nor does the State Government lose all its powers.

Statement II: Incorrect The Union Government does not take over the total administration of Scheduled Areas under the Fifth Schedule, even under special circumstances. The Governor of the State has special powers and can make regulations for the administration of these areas, but the Union Government does not directly administer them. The Governor can submit reports to the President regarding the administration of these areas, but there is no provision for the Union Government to take over total administration based on the Governor's recommendation.

Therefore, neither statement I nor II is correct.

Explanation

Statement I: Correct The pardoning power of the President of India (Article 72) can be subjected to limited judicial review. The Supreme Court has held that while the President's power is broad, it is not absolute. The exercise of this power can be challenged in courts on limited grounds such as mala fide (bad faith), arbitrariness, or if it is exercised without application of mind.

Statement II: Incorrect The President cannot exercise the pardoning power independently. As per Article 74, the President is bound to act on the advice of the Council of Ministers (Central Government). The President does not have discretion to act without or against such advice.

Therefore, only Statement I is correct.