31st May 2020 is the D-day for all civil service aspirants.
“Give me six hours to chop down a tree and I will spend the first four sharpening the axe. “
This Quote by Abraham Lincoln clearly sums up how one should prepare for that day. So before entering the battlefield alone should have enough practice. Our Prime Prelims Test series which shall enrich you to acquaint yourself with the pattern of CSE-2020, assess your abilities, rectify your mistakes and make you confident to appear on the examination day.
Our Prime Prelims Test Series follows the same approach as that adopted by UPSC. Our team of experts is quite enriched with the UPSC pattern and focal point of the questions and hence creates more chances for the aspirants to crack civil service examination by appearing our Test Series.
Nothing speaks more than the facts itself rather than a mere jargon. Here is a list of 5 sample questions from the upcoming test which will help you in identifying the standards and approach we follow. (you can skip this if you want to attempt these directly in the test).
Noone but only you can assess how it will help you in the being the top percentile of aspirants. You have to practice ruthlessly and civils Daily provides you with a platform to hone your skills.
Q1. Provisions of Directive Principles of State Policy(DPSP) deals with which of the following institutions?
1. Supreme Court
2. Panchayati Raj Institutions
3. Archeological Survey of India
4. District Mineral Foundation
Select the correct answer using the code given below.
B.1 and 2 only
C.2 and 4 only
D.1, 2 ,3 and 4
Answer – D
THEME- DPSP-INSTITUTIONS INHERENT IN PART IV
The Constitution lays down certain Directive Principles of State Policy which though not justiciable, are ‘fundamental in the governance of the country’ and it is the duty of the State to apply these principles in making laws.
These lay down that the State shall strive to promote welfare of people by securing and protecting as effectively as it may a social order in which justice – social, economic and political, shall inform all institutions of national life.
1. Supreme Court
2. Panchayati Raj Institutions- Art 43 to organize village panchyats.
3. Archaeological Survey of India-Art 49 Protection of monuments and places of national importance.
4. Khadi and Village Industries Commission
5. NALSA- Articles 39A, which directs the state to secure Equal justice and free legal aid
6. District mineral foundation
7.NGT- Article 48A, which ensures Protection and improvement of environment and safeguarding of forests and wildlife
Q2. Which of the following provisions/mechanism provide environmental protection under the constitutional framework of India?
1. Public Interest Litigation
3. Fundamental Rights
Select the correct answer using the code given below
A.1 and 3 only
B.1 and 2 only
C. 3 only
D.1, 2 and 3
Answer – D
THEME-ASPECTS AVIALABLE TO PROTECT ENVIRONMENT IN CONSTITUTION STARMARKED QUESTION
It is a indirect and vague question. UPSC loves to ask these kind of questions. Article 51-A (g), says that ―It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. Article 47 provides that the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The improvement of public health also includes the protection and improvement of environment without which public health cannot be assured. Article 48 deals with organization of agriculture and animal husbandry. It directs the State to take steps to organize agriculture and animal husbandry on modern and scientific lines. In particular, it should take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle. Article 48 -A of the constitution says that ―the state shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country‖. Article 21 of the constitution, ―no person shall be deprived of his life or personal liberty except according to procedure established by law‖. Right to environment, free of danger of disease and infection is inherent in it. Right to healthy environment is important attribute of right to live with human dignity. The constitution of India under Article 19 (1) (a) read with Article 21 of the constitution guarantees right to decent environment and right to live peacefully. Article 19 (1) (g) of the Indian constitution confers fundamental right on every citizen to practice any profession or to carry on any occupation, trade or business.This is subject to reasonable restrictions. A citizen cannot carry on business activity, if it is health hazards to the society or general public. Thus safeguards for environment protection are inherent in this. Public Interest Litigation under Article 32 and 226 of the constitution of India resulted in a wave of environmental litigation. At local and village level also, Panchayats have been empowered under the constitution to take measures such as soil conservation, water management, forestry and protection of the environment and promotion of ecological aspect. Hence, All statements are correct.
Q3. The Supreme Court has original and exclusive jurisdiction in matters of which of the following election disputes?
1. Office of President
2. Office of Vice- President
3. Election of members of Parliament
4. Election of members of state legislatures.
Select the correct answer using the code given below
A.1, 2 and 3 only
B.1 and 2 only
C.2, 3 and 4 only
D.1,2,3 and 4
Answer – B
THEME-SUPREME COURT-VARIOUS JURISDICTION
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court’s decision. Original jurisdiction refers to the right of the Supreme court to hear a case for the first time.
It has the exclusive right to hear all cases that deal with disputes between states, or between states and the union government. It also has original jurisdiction over cases brought to the court by ordinary people regarding issues to the importance of society at large.
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction (or non exclusive jurisdiction), in which more than one court may take jurisdiction over the case.
Any matter regarding the enforcement of Fundamental Rights comes under the Original Jurisdiction of the Supreme Court. Apart from this, Supreme Court is the Highest Interpreter of the Constitution and tribunal for final settlements of the disputes between Center and States as well as States and States.
The Supreme Court has original and exclusive jurisdiction in matters involving election disputes of the President and Vice-President. Hence, statement 1 and 2 is correct.
The High Courts have original jurisdiction in disputes relating to the election of members of Parliament and state legislatures. Hence, statement 3 and 4 is not correct.
Q4. Right to form a political party in India is a:
D. Constitutional Right
Answer – A
THEME-FR- VARIOUS RIGHT
Article 19(1) (c) of the Constitution of India guarantees to all its citizens the right ―to form associations, or unions or Co-operative Societies’.
The right to form association includes the right to form companies, societies, partnerships,trade union and political parties.
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory.
Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology.
1. Natural rights are rights which are “natural” in the sense of “not artificial, not man-made”, as in rights deriving from human nature or from the edicts of a god. They are universal; that is, they apply to all people, and do not derive from the laws of any specific society. They exist necessarily, inhere in every individual, and can’t be taken away. For example, it has been argued that humans have a natural right to life. These are sometimes called moral rights or inalienable rights.
2. Legal rights, in contrast, are based on a society’s customs, laws, statutes or actions by legislatures. An example of a legal right is the right to vote of citizens. Citizenship, itself, is often considered as the basis for having legal rights, and has been defined as the “right to have rights”. Legal rights are sometimes called civil rights or statutory rights and are culturally and politically relative since they depend on a specific societal context to have meaning.
3. The Constitutional Rights are the rights granted by the Constitution of India to the citizens of our country.
All Constitutional Rights are not Fundamental Rights. For example, the right not to be subjected to taxation without authority of law under Article 265, right to property under Article 300A (earlier part of Fundamental Rights, until the forty-fourth Constitutional Amendment), and freedom of trade under Article 301, are granted by the Constitution but are not included in Part III (Fundamental Rights).
Thus, it can be said that the Fundamental Rights are a part of the Constitutional Rights and the Constitutional Rights are included in Legal Rights.
4. A claim right is a right which entails that another person has a duty to the right-holder. Somebody else must do or refrain from doing something to or for the claim holder, such as perform a service or supply a product for him or her; that is, he or she has a claim to that service or product (another term is thing in action).
Every claim-right entails that some other duty-bearer must do some duty for the claim to be satisfied. This duty can be to act or to refrain from acting. For example, many jurisdictions recognize broad claim rights to things like “life, liberty, and property”; these rights impose an obligation upon others not to assault or restrain a person.
5. A liberty right or privilege, in contrast, is simply a freedom or permission for the right-holder to do something, and there are no obligations on other parties to do or not do anything.
For example, if a person has a legal liberty right to free speech, that merely means that it is not legally forbidden for them to speak freely: it does not mean that anyone has to help enable their speech, or to listen to their speech; or even, per se, refrain from stopping them from speaking, though other rights, such as the claim right to be free from assault, may severely limit what others can do to stop them.
Q5. Consider the following statements,
1. Art. 358 is confined to Fundamental Rights under article 19 only, while Art. 359 extends to all Fundamental Rights whose enforcement is suspended by Presidential order.
2. Art. 358 operates only in case of internal emergency, while Art. 359 operates in case of both internal and external emergency.
Which of the statements given above is/are
C.Both 1 and 2
D.Neither 1 nor 2
Answer – A
THEME- NATIONAL EMERGENCY
The differences between Articles 358 and 359 can be summarised as follows:
1. Article 358 is confined to Fundamental Rights under Article 19 only whereas Article 359 extends to all those Fundamental Rights whose enforcement is suspended by the Presidential Order. Hence, statement 1 is correct.
2. Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared. On the other hand, Article 359 does not automatically suspend any Fundamental Right. It only empowers the president to suspend the enforcement of the specified Fundamental Rights.
3. Article 358 operates only in case of External Emergency (that is, when the emergency is declared on the grounds of war or external aggression) and not in the case of Internal Emergency (ie, when the Emergency is declared on the ground of armed rebellion). Article 359, on the other hand, operates in case of both External Emergency as well as Internal Emergency. Hence, statement 2 is incorrect.
4. Article 358 suspends Fundamental Rights under Article 19 for the entire duration of Emergency while Article 359 suspends the enforcement of Fundamental Rights for a period specified by the president which may either be the entire duration of Emergency or a shorter period.
5. Article 358 extends to the entire country whereas Article 359 may extend to the entire country or a part of it.
6. Article 358 suspends Article 19 completely while Article 359 does not empower the suspension of the enforcement of Articles 20 and 21.
7. Article 358 enables the State to make any law or take any executive action inconsistent with Fundamental Rights under Article 19 while Article 359 enables the State to make any law or take any execufive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential Order.
There is also a similarity between Article 358 and Article 359. Both provide immunity from challenge to only those laws which are related with the Emergency and not other laws. Also, the executive action taken only under such a law, is protected by both.