UPSC Prelims 2016
Indian Polity Previous Year Questions (PYQs)

Detailed Explanation:

Answer: Option 4 — Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Article 249 of the Indian Constitution empowers Parliament to legislate on any matter in the State List if the Rajya Sabha passes a resolution declaring it necessary or expedient in the national interest. This resolution requires the support of not less than two-thirds of the members present and voting in the Rajya Sabha. Once passed, Parliament gains the power to make laws on that subject for one year, which can be extended by passing another such resolution. This provision ensures that states' legislative domain is respected while allowing flexibility during national emergencies or matters of urgent national importance.

Detailed Explanation:

Answer: Option 2 — 2 only

❌ Statement 1 – Incorrect: The minimum age to be a member of a Panchayat is 21 years, not 25 years. Article 243F of the Constitution prescribes that a person must be at least 21 years old to be eligible for membership of a Panchayat.

✅ Statement 2 – Correct: When a Panchayat is reconstituted after premature dissolution, it continues only for the remainder of the original term. Article 243E(4) clearly states that a Panchayat reconstituted after dissolution shall continue only for the unexpired period of the original term, not for a fresh five-year term.

Detailed Explanation:

Answer: Option 2 — 2 only

❌ Statement 1 – Incorrect: The Gram Nyayalaya Act, 2008 grants both civil and criminal jurisdiction to Gram Nyayalayas. Under Section 12, they can hear and decide criminal cases triable by a Magistrate of the First Class. Under Section 13, they have civil jurisdiction over disputes specified in the Schedule to the Act. Therefore, the claim that they can hear only civil cases is wrong.

✅ Statement 2 – Correct: Section 27 of the Act mandates that the District Court, in consultation with the District Magistrate, shall prepare a panel of Conciliators. These are village-level social workers of integrity with prescribed qualifications and experience. Section 26 requires Gram Nyayalayas to make efforts for conciliation and settlement of civil disputes before formal adjudication, utilizing these local social activists as mediators/reconciliators.

Detailed Explanation:

Answer: Option 2 — 2 only

❌ Statement 1 – Incorrect: A bill pending in the Lok Sabha does not lapse on prorogation. Prorogation is merely the end of a parliamentary session, not the dissolution of the House. All pending bills, motions, and other business remain intact and continue in the next session from where they were left.

✅ Statement 2 – Correct: A bill pending in the Rajya Sabha that has not been passed by the Lok Sabha does not lapse on the dissolution of the Lok Sabha. The Rajya Sabha is a permanent body (never dissolved), so bills originating or pending there continue regardless of Lok Sabha dissolution. Only bills pending in the Lok Sabha itself lapse upon its dissolution.

Detailed Explanation:

Answer: Option 4 — Neither 1 nor 2

❌ Statement 1 – Incorrect: The Chief Secretary is appointed by the Governor, not the Chief Minister. Under Article 166 of the Constitution, all executive actions of the State Government are formally taken in the Governor's name. While the Chief Minister recommends the appointment, the formal appointing authority is the Governor. The Chief Secretary is the administrative head of the state civil services and is appointed from IAS officers serving in the state.

❌ Statement 2 – Incorrect: There is no fixed tenure for the Chief Secretary. The position is held at the pleasure of the government, and the officer can be transferred or removed at any time before superannuation. The tenure depends on the discretion of the state government, and frequent changes in Chief Secretaries are common based on administrative and political considerations.