UPSC Prelims 2015 Analysis

Explanation

Statement 1 - Incorrect The executive power of the Union is vested in the President, who acts on the advice of the Council of Ministers headed by the Prime Minister.

The Constitution of India vests the executive power in the President (Article 53). However, the President exercises this power on the advice of the Council of Ministers, with the Prime Minister as its head (Article 75).

So, the real executive authority lies with the Prime Minister and the Council of Ministers, but formally it's vested in the President.

Statement 2 - Incorrect The Chairperson of the Civil Services Board is the Cabinet Secretary, a senior bureaucrat who leads the bureaucracy of the Government of India.

Explanation

In a parliamentary system, the executive branch (council of ministers) derives its legitimacy from the legislature (parliament). The Lok Sabha, the lower house directly elected by the people, holds the power to keep the government in check. If the Lok Sabha loses confidence in the council of ministers, it can lead to the resignation of the government.

According to Article 75(3), The Council of Ministers shall be collectively responsible to the House of the People. Hence, the correct option choice is 'D'.

Explanation

The idea of a "Welfare State" in the Indian Constitution is enshrined in its Directive Principles of State Policy (DPSP).

The DPSP, outlined in Part IV of the Constitution, are a set of guidelines for the government to achieve social and economic justice. These principles, though not enforceable by courts, provide a framework for the government to strive towards goals like

• Securing and protecting a social order for the welfare of the people (Article 38)
• Providing adequate means of livelihood for all citizens (Article 39)
• Promoting equal justice and opportunity (Article 39)
• Developing the village panchayats (Article 40) -Providing free and compulsory education for all children (Article 45)
• Improving public health (Article 47)

By outlining these principles, the Constitution emphasizes the government's responsibility for promoting the social and economic well-being of its citizens, reflecting the ideals of a welfare state.

Explanation

Department of Economic Affairs prepares the Budget. Hence, statement 1 is incorrect.

Public Accounts include provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances and so on. This account is operated by executive action, that is, the payments from this account can be made without parliamentary appropriation. Such payments are mostly like banking transactions. Hence, statement 3 is also incorrect.

As per Article 114 of the Constitution, the government can withdraw money from the Consolidated Fund only after receiving approval from Parliament.

So only the second statement is correct.

Explanation

The Principles spell out the socio-economic democracy in the India The Directive Principles of State Policy (DPSP) in Part IV of the Indian Constitution outline the ideals that the government should strive to achieve for its citizens. These principles encompass social justice, economic justice, and political justice, forming the foundation for a socio-economic democracy.

The provisions contained in these Principles are not enforceable by any court The DPSP are not justiciable, meaning they cannot be directly enforced by courts if violated. However, they serve as guidelines for the government in making laws and policies and can be used by the judiciary while interpreting other laws.

Explanation

When a bill is referred to a joint sitting of both houses of the Indian Parliament due to a deadlock, it requires a simpler majority for passage compared to a regular bill passed by each house individually. This provision helps break the impasse and allows for the bill's passage.

Explanation

The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to protect the interests of Scheduled Tribes.

Fifth Schedule Applies to all states except Assam, Meghalaya, Tripura, and Mizoram. It focuses on

Management and administration of Scheduled Areas These are areas with a high concentration of tribal populations. The schedule grants them some autonomy and safeguards their traditional rights over land and resources. Establishment of Tribes Advisory Councils These councils advise the Governor on matters related to the welfare and development of Scheduled Tribes.

Sixth Schedule Applies to the four aforementioned northeastern states with significant tribal populations. It provides greater autonomy compared to the Fifth Schedule by

Creation of Autonomous District Councils (ADCs) These councils have a greater degree of administrative and legislative power within their designated areas. Special provisions for administration of tribal areas This includes protection of customary law, inheritance practices, and social customs of the tribes.

Explanation

Statement 1 - Correct The Fourteenth Finance Commission indeed increased the devolution of tax revenue from the central government to the states.

Statement 2 - Incorrect While promoting formula-based devolution, the commission does not provided recommendations regarding sector-specific grants to ensure focus on critical areas.

Explanation

The Panchayati Raj system is designed to empower rural communities by enabling

People's participation in development (1) This involves involving villagers in decision-making processes related to local development projects and resource allocation. Democratic decentralization (3) Power is transferred from the central government to local bodies, allowing communities to address their specific needs and priorities.

While financial mobilization (4) can be a consequence, it's not the fundamental objective. Political accountability (2) is a desirable outcome, but not the sole purpose. The Panchayati Raj system aims to create a more participatory and democratic structure for rural development.

Therefore, only statements 1 and 3 are true.

Explanation

The provision "To uphold and protect the Sovereignty, Unity and Integrity of India" is found in Article 51A(c) of the Indian Constitution.

It is part of the Fundamental Duties added to the Constitution in 1976. These duties are the moral obligations of every citizen to promote the well-being of the nation.

Explanation

The Government of India established NITI Aayog to replace the Planning Commission.

The Planning Commission was established in 1950 and played a vital role in India's economic development through five-year plans. However, NITI Aayog, formed in 2015, was designed to be a more agile and forward-looking institution compared to the Planning Commission.

Explanation

A custodian is a person entrusted with the custody or care of something.

• Whenever Fundamental Rights are denied or restricted, it can be challenged in the Supreme Court under Article 32;
• The dispute between Centre and State can be settled in the Supreme Court under Article 131;
• the Law declared by the Supreme Court shall be binding on all the courts in India under Article 141;
• For the enforcement of decrees - Article 142;
• President of India consulting Supreme Court under Article 143;
• After all, under Article 13, all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void ( Doctrine of Judicial Review).
• Supreme Court judgments are the law of the land;

Based on the above facts, the Supreme Court takes care of the Constitution. So, simply the Supreme Court is the Custodian of the Constitution.

Explanation

1 is Incorrect The size of the Legislative Council of a state cannot be larger than one-third of the total membership of the Legislative Assembly. The Constitution sets a limit to ensure the dominance of the lower house (Legislative Assembly) in a bicameral legislature.

2 is Incorrect The Chairman of the Legislative Council is not nominated by the Governor. The members of the Legislative Council themselves elect the Chairman and Deputy Chairman. This ensures the independence of the Upper House from the executive branch (headed by the Governor).

Explanation

The first statement is correct. The Rajya Sabha has no power either to reject or to amend a Money Bill. This is a provision under Article 110 of the Indian Constitution.

The second statement is also correct. The Rajya Sabha cannot vote on the Demands for Grants. This is the exclusive privilege of the Lok Sabha.

The third statement is incorrect. The Rajya Sabha can discuss the Annual Financial Statement (Budget), but it does not have the power to vote on the demands for grants. This is also the exclusive privilege of the Lok Sabha.