POLITY FOR UPSC PRELIMS 2020 , SOLUTION OF TEST-8

1 . c

Right of minorities to establish and administer educational institutions under Article 30 is only available to citizens and not to foreigners. Rest of the above, including rights under Article 21A are available to both citizens and foreigners.

2 . b

All of the above except (II) aim to implement Directive Principles of State Policy . Giving away natural resources to private players , even with the express purpose of raising money for welfare activities, violates the principle of equitable distribution of natural resources among the people.

3 . c

A motion is a proposal eliciting the opinion of the House on a matter of grave public importance. A
resolution is a procedural means to initiate a discussion on any matter of general public interest. All resolutions are motions – in fact they can be called substantive motions.

4 . d

Residency or domicile of a state is no longer a requirement to be elected as a member of Rajya Sabha from that State. The election is held by an open ballot and not a secret ballot – as amended by the
Representation of People’s Act 1951 in 2003. This was done to bring in transparency and rule out role of
money power in elections.

5 . c

Lok Adalats can deal with both civil and criminal cases. However, they deal with only compoundable
criminal cases. Lok Adalats usually consist of a judicial member, a legal practitioner and a social worker ( generally, a woman ). They follow their own procedure and have the power of a Civil court as far as
summoning of evidence, examination of witnesses and requisition of public records.What really happens in Lok Adalats is that two parties come together without a lawyer and the court suggests a compromise – which once accepted by both parties – is binding on the parties and cannot be challenged in higher courts. If the suggestion is not accepted by either or both parties, the issue goes to court. Thus the Supreme Court has said that they are not courts in this sense and conciliatory bodies.
Lok Adalats are set up under Legal Services Authorities Act and are monitored by NALSA and not the respective High Courts.

6 . c

According to Article 130, the Supreme Court shall sit in Delhi or in such other places as the Chief Justice
of India may, with the approval of the President , from time to time may appoint. Thus this power rests
with the Chief Justice of India, subject to approval of President of India.

7 . a

8 . c

This is explained on the basis of doctrine of Eclipse. It says that a pre Constitutional law that is inconsistent with the FRs does not cease to exist, but is eclipsed by the FR and goes into dormancy. This means that if the Constitution is amended to dilute or delete that FR, the pre Constitutional law re-surfaces.

9 . b

The 73rd Amendment Act merely institutionalized the already existing Panchayati Raj system in rural
India – giving them Constitutional status. Other statements are correct.

10 . b