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Past Questions
The continued functions of Courts and Tribunals in the State of Mizoram, established under Section 45 of The State of Mizoram Act, 1986 are explicitly terminated if they are inconsistent with the Act or if:
A)
the appropriate Government fails to make adaptations within two years.
B)
their expenditure is not authorised by the Governor within 6 months.
C)
the Central Government exercises its power to remove difficulties under Section 47.
D)
other provision is made by a competent Legislator or other authority
Section 45 of The State of Mizoram Act, 1986, deals with the 'Continuance of Courts and Tribunals'. According to the legal framework of the Act, existing courts and tribunals continue to function to ensure there is no legal vacuum upon the state's formation. However, this continuity is subject to two main conditions: first, that their functions are not inconsistent with the provisions of the Act, and second, that they continue only until 'other provision is made' by a competent legislature or authority. This is a standard transitional provision in constitutional and state-forming acts to allow the new government time to establish its own judicial infrastructure. Options a, b, and c are incorrect as they introduce arbitrary timelines or powers (like the removal of difficulties under Section 47) that do not govern the termination of the continued functions of courts under Section 45.
Section 126 of The RP Act, 1951 prohibits any public meeting during the period of:
A)
24 hours before the conclusion of the poll.
B)
48 hours ending with the hour fixed for the conclusion of the poll.
C)
The entire day of polling.
D)
72 hours before the polling day.
Section 126 of the Representation of the People Act, 1951, deals with the prohibition of public meetings during the period of silence before polling. According to the statute, no public meeting shall be held for the purpose of canvassing, whether by a candidate or any other person, during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll and no public meeting shall be held for the purpose of canvassing under any pavilion or similar structure at any place in the constituency.
- Option (a) is incorrect because the statutory period is 48 hours, not 24.
- Option (c) is incorrect because the prohibition starts two days prior to the closing of the poll, not just on the polling day.
- Option (d) is incorrect because the law specifies 48 hours, not 72 hours.
Who determines Council constituencies?
A)
President
B)
Prime Minister
C)
Election Commission
D)
Governor
Under the Representation of the People Act, 1950, the delimitation of constituencies (the process of determining the boundaries of territorial constituencies) is the primary responsibility of the Election Commission. Specifically, the Delimitation Commission is appointed by the President of India, but it works in close coordination with the Election Commission, and the Election Commission is the constitutional authority tasked with the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections. In the context of the RP Act 1950, the determination and allocation of seats and the boundaries of constituencies are managed through the mechanism overseen by the Election Commission.
Why other options are incorrect:
- a. President: While the President appoints the Delimitation Commission, the President does not personally 'determine' the constituencies.
- b. Prime Minister: The Prime Minister has no constitutional or statutory role in the delimitation of constituencies to ensure political neutrality.
- d. Governor: The Governor is the head of the state but does not have the authority to determine electoral constituencies, as this is a centralized process to maintain uniformity and fairness.
Breach of official duty in electoral roll preparation is covered under:
A)
Section 32
B)
Section 30
C)
Section 28
D)
Section 29
Under the Representation of the People Act, 1950, Section 32 specifically deals with the 'Breach of official duty in connection with the preparation of electoral rolls'. It stipulates that any person who has a duty to perform under the Act in connection with the preparation of electoral rolls and neglects or refuses to perform that duty, or fails to perform it with due diligence, shall be punishable with a fine.
Breakdown of other options:
- Section 30: Generally relates to the appeal against the decision of the registration officer regarding the inclusion or exclusion of names in the roll.
- Section 28: Relates to the correction of entries in the electoral roll.
- Section 29: Relates to the revision of electoral rolls.
Therefore, Section 32 is the specific provision governing the penalty for breach of official duty during the preparation of the rolls.
As per Section 3 of The State of Mizoram Act, 1986, the State of Mizoram was formed from the territories which, immediately before the appointed day, were comprised in:
A)
The State of Assam
B)
The Union Territory of Mizoram
C)
The Lushai Hills District
D)
The State of Manipur
Step-by-step reasoning: 1. The State of Mizoram Act, 1986 was enacted to provide for the establishment of the State of Mizoram. 2. Section 3 of the Act explicitly states that the State of Mizoram shall be formed from the territories which, immediately before the appointed day (February 20, 1987), were comprised in the Union Territory of Mizoram. 3. Historically, the region was part of the Lushai Hills District of Assam, then became an autonomous district, then a Union Territory in 1972, and finally achieved full statehood in 1987. Therefore, immediately before the 'appointed day' of the 1986 Act, it was a Union Territory. Option (a) is incorrect because it was not part of the State of Assam immediately before 1987. Option (c) refers to an earlier administrative status. Option (d) is geographically and politically incorrect.
The last date for making nominations, as per the election notification, must be:
A)
The 7th day after the date of publication of the notification.
B)
The 6th day after the date of publication of the notification.
C)
The 8th day after the date of publication of the notification.
D)
The 10th day after the date of publication of the notification.
According to the Representation of the People Act, 1951, and the associated Conduct of Elections Rules, 1961, the election notification specifies the schedule for the election process. Specifically, for general elections to the House of the People (Lok Sabha) or Legislative Assemblies, the last date for filing nominations is typically set as the 7th day after the date of publication of the notification. This provides a standardized window for candidates to prepare and submit their nomination papers to the Returning Officer. Options b, c, and d are incorrect as they do not align with the statutory timeline prescribed in the election schedule guidelines.
No person can be registered in more than one constituency under:
A)
Section 17 of the RP Act, 1950
B)
Section 15 of the RP Act, 1951
C)
Section 19 of the RP Act, 1950
D)
Section 25 of the RP Act, 1951
The Representation of the People Act, 1950 (RP Act 1950) governs the preparation of electoral rolls and the qualification of voters. Section 17 of the RP Act, 1950 explicitly states that 'No person shall be registered in the electoral roll for more than one constituency.' This is a fundamental rule to prevent double voting and ensure the integrity of the democratic process.
Analysis of other options:
- Option b: Section 15 of the RP Act, 1951 deals with the conduct of elections and candidates, not the registration of voters in electoral rolls.
- Option c: Section 19 of the RP Act, 1950 relates to the claim for inclusion of names in the electoral roll, not the prohibition of multiple registrations.
- Option d: Section 25 of the RP Act, 1951 pertains to the appointment of election agents and other administrative conduct of elections.
Seats in Legislative Councils are partly filled by:
A)
Direct election
B)
Indirect election
C)
Nomination only
D)
Lottery
The composition of the Legislative Council (Vidhan Parishad) in Indian states is governed by Article 171 of the Constitution. The seats are filled through a combination of indirect elections and nominations, not direct elections.
1. Indirect Election: The majority of members are elected indirectly by electoral colleges consisting of members of the Legislative Assembly (MLAs), members of local bodies (municipalities, district boards), graduates, and teachers.
2. Nomination: A portion of the members (1/6th) are nominated by the Governor from persons having special knowledge or practical experience in literature, science, art, cooperative movement, and social service.
Why other options are incorrect:
- Option (a) Direct election: Members of the Legislative Council are never elected directly by the general public; that is the process for the Legislative Assembly (Vidhan Sabha).
- Option (c) Nomination only: While nomination is part of the process, it only accounts for a fraction of the seats, not the whole.
- Option (d) Lottery: There is no provision for lottery in the selection of members of any legislative body in India.
Disqualification for a failure to lodge an account of election expenses (Section 10A) is decided by:
A)
The President
B)
The Supreme Court
C)
The Election Commission
D)
The High Court
Under Section 10A of the Representation of the People Act, 1951, if a candidate fails to lodge an account of election expenses within the time and in the manner required by the Act, the Election Commission has the authority to inquire into the failure. If the Election Commission is satisfied that the candidate has failed to lodge the account without a good and sufficient cause, it may call upon the candidate to furnish the account. If the candidate still fails to do so, the Election Commission may disqualify the candidate for a period not exceeding three years.
Breakdown of options:
- a. The President: The President acts on the advice of the Election Commission for certain disqualifications (like Section 8), but for Section 10A, the power is vested directly in the Election Commission.
- b. The Supreme Court: The Supreme Court handles appeals and constitutional matters, not the administrative determination of expense account failures.
- d. The High Court: While High Courts hear election petitions, the specific administrative disqualification for failure to lodge expenses under Section 10A is the mandate of the Election Commission.
Officers under The RP Act, 1950 are deemed to be on deputation to:
A)
Election Commission
B)
State Government
C)
President
D)
Parliament
Under the Representation of the People Act, 1950, and the subsequent rules governing the conduct of elections, officers appointed or designated to perform duties related to the preparation of electoral rolls or the conduct of elections are placed under the superintendence, direction, and control of the Election Commission of India. Legally, when a government servant is assigned to these duties, they are deemed to be on deputation to the Election Commission for the duration of that assignment. This ensures that the Election Commission has the necessary administrative authority to maintain the independence and impartiality of the electoral process, preventing interference from the parent department or the state government. Options b, c, and d are incorrect because while the officers are originally employees of the State or Central government, their functional authority shifts specifically to the Election Commission during their tenure as election officers.
The Representation of the People Act, 1950 was enacted on:
A)
12th May, 1950
B)
15th August, 1947
C)
26th January, 1950
D)
1st March, 1956
The Representation of the People Act, 1950 (Act No. 43 of 1950) is a significant piece of legislation in India that provides for the allocation of seats in the House of the People and the Legislative Assemblies of States, the delimitation of constituencies, and the preparation of electoral rolls. It received the assent of the President of India on May 12, 1950.
Analysis of other options:
- Option b (15th August, 1947) is the date of India's Independence.
- Option c (26th January, 1950) is the date the Constitution of India came into effect (Republic Day).
- Option d (1st March, 1956) relates to the States Reorganisation Act, but is not the enactment date of the RP Act 1950.
Part IV of The State of Mizoram Act, 1986 (Sections 17-24) deals with:
A)
Common High Court
B)
Authorisation of expenditure
C)
Legislative Assembly
D)
Council of Ministers
The State of Mizoram Act, 1986 is the legislation that provided for the establishment of the State of Mizoram. The Act is divided into several parts. Part IV, which encompasses Sections 17 through 24, specifically addresses the 'Authorisation of Expenditure'. This part outlines the financial arrangements, the Consolidated Fund of the State, and the legal mechanisms for authorizing expenditures for the state.
To clarify why other options are incorrect:
- Option (a) Common High Court: This is typically dealt with in separate sections or parts concerning the judiciary.
- Option (c) Legislative Assembly: The provisions regarding the composition and powers of the Legislative Assembly are found in Part III of the Act.
- Option (d) Council of Ministers: The executive structure and the Council of Ministers are generally covered in the sections preceding the financial authorizations (Part III/Executive sections).
The hours of poll for a general election are fixed by the:
A)
Returning Officer
B)
State Government
C)
Election Commission
D)
District Magistrate
Under the Representation of the People Act, 1951, and the Conduct of Elections Rules, 1961, the authority to determine the hours of poll for a general election rests with the Election Commission. While the Returning Officer (RO) manages the actual conduct of the poll at the constituency level and the District Magistrate (DM) provides administrative and security support, the overarching rules, guidelines, and the specific timing (the window during which voting takes place) are prescribed by the Election Commission of India (ECI) to ensure uniformity and fairness across the electoral process. The State Government does not have the authority to fix polling hours as the ECI is an independent constitutional body overseeing the conduct of elections.
The Representation of the People Act, 1951 primarily deals with:
A)
Allocation of seats and delimitation of constituencies
B)
The actual conduct of elections and related offenses
C)
Preparation of electoral rolls
D)
The structure of the Election Commission
To understand the correct answer, it is essential to distinguish between the two primary acts governing elections in India: the Representation of the People Act (RPA), 1950 and the Representation of the People Act (RPA), 1951.
1. **RPA 1950** primarily deals with the 'pre-election' stage. This includes the allocation of seats in the House of the People and State Legislative Assemblies, the delimitation of constituencies, and the preparation of electoral rolls. Therefore, options (a) and (c) are covered under the 1950 Act.
2. **RPA 1951** primarily deals with the 'actual conduct' of elections. This includes the qualifications and disqualifications of candidates, the nomination process, the conduct of polls, the counting of votes, election petitions, and the definition and punishment of 'corrupt practices' and other election-related offenses. This aligns perfectly with option (b).
3. **Option (d)** is incorrect because the structure, appointment, and powers of the Election Commission are primarily governed by Article 324 of the Constitution of India, although the Acts provide the legal framework for the Commission to operate.
A candidate who loses his deposit forfeits it if he fails to secure more than ____ of the total valid votes polled.
A)
One-third
B)
One-fourth
C)
One-sixth
D)
One-eighth
Under the Representation of the People Act, 1951, and the corresponding Conduct of Elections Rules, a candidate is required to deposit a certain amount of money (security deposit) to contest an election. To prevent non-serious candidates from filing nominations, the law stipulates that the security deposit will be forfeited if the candidate fails to poll a minimum percentage of the total valid votes cast in the constituency. Specifically, a candidate must secure more than one-sixth (1/6th) of the total valid votes polled to have their deposit refunded. If they secure one-sixth or less, the deposit is forfeited to the government.
- Option (a) One-third: Incorrect; this is too high a threshold for deposit refund.
- Option (b) One-fourth: Incorrect; not the statutory requirement.
- Option (d) One-eighth: Incorrect; not the statutory requirement.
The security deposit for a candidate belonging to a Scheduled Caste or Scheduled Tribe in case of an election from a Parliamentary constituency is:
A)
10,000
B)
15,000
C)
25,000
D)
12,500
Under the Representation of the People Act, 1951, specifically Section 33, candidates are required to furnish a security deposit to prevent non-serious candidates from contesting elections. For elections to the Parliament (Lok Sabha), the general security deposit is ₹25,000. However, the Act provides a concession for candidates belonging to Scheduled Castes (SC) and Scheduled Tribes (ST). For these candidates, the security deposit is reduced by half. Therefore, 50% of ₹25,000 equals ₹12,500.
- Option (a) 10,000: Incorrect.
- Option (b) 15,000: Incorrect.
- Option (c) 25,000: This is the general security deposit for non-SC/ST candidates.
- Option (d) 12,500: Correct, as it is the statutory reduced rate for SC/ST candidates for Parliamentary elections.
Voting by postal ballot is governed by:
A)
Section 60 of RP Act, 1951
B)
Section 60 of RP Act, 1950
C)
Section 50 of RP Act, 1951
D)
Section 50 of RP Act, 1950
The Representation of the People Act, 1951 (RP Act 1951) governs the actual conduct of elections, including the voting process. Section 60 of the RP Act, 1951 specifically deals with 'Voting by postal ballot'. It provides the legal framework for certain categories of voters (such as service voters, voters on election duty, and others specified by the Election Commission) to cast their votes via postal ballot rather than appearing physically at a polling station.
Why other options are incorrect:
- Option b: The RP Act, 1950 primarily deals with the preparation of electoral rolls, the delimitation of constituencies, and the qualification of voters, not the mechanics of voting.
- Option c: Section 50 of the RP Act, 1951 relates to the 'Voting to be in secret', not postal ballots.
- Option d: Section 50 of the RP Act, 1950 relates to the 'Preparation of rolls' and administrative procedures for electoral rolls.
An election petition must be presented within ____ days from the date of election of the returned candidate.
A)
30
B)
45
C)
60
D)
90
According to Section 81 of the Representation of the People Act, 1951, an election petition must be presented to the High Court within a period of 45 days from the date of the election of the returned candidate. The 'date of election' is generally considered the date on which the result of the election is declared.
- Option (a) 30 days is incorrect as it does not align with the statutory limit set in the RP Act 1951.
- Option (c) 60 days is incorrect.
- Option (d) 90 days is incorrect.
Therefore, the legally mandated timeframe for filing an election petition under the Act is 45 days.
The State of Mizoram Act, 1986 was enacted on:
A)
23rd December 1986
B)
30th June 1986
C)
20th February 1987
D)
14th August 1986
The State of Mizoram Act, 1986 was enacted by the Parliament of India to provide for the establishment of the State of Mizoram. The Act received the assent of the President of India on December 23, 1986. While the state officially came into existence as a full-fledged state on February 20, 1987 (which is the date of the Appointed Day), the Act itself was enacted/passed on December 23, 1986. Therefore, option (a) is the correct date of enactment, whereas option (c) refers to the date the state was formally inaugurated.
The State of Mizoram Act, 1986 specifies that the official language of the State of Mizoram shall be:
A)
Mizo and English
B)
Mizo
C)
English
D)
It does not specify the official language
The State of Mizoram Act, 1986, was enacted to provide for the establishment of the State of Mizoram. Under the provisions regarding the administration and governance of the state, it is specified that both Mizo and English serve as the official languages of the State of Mizoram. This ensures that the indigenous language (Mizo) is preserved and utilized for local governance, while English is maintained for official communication, legal documentation, and inter-state/central government correspondence. Therefore, option (a) is the correct choice, as it encompasses both languages recognized for official purposes.
As per Section 33(7) of The RP Act, 1951, a candidate can contest a general election from a maximum of:
A)
One constituency
B)
Two constituencies
C)
Three constituencies
D)
There is no limit
Section 33(7) of the Representation of the People Act, 1951, explicitly states that a person shall not be eligible for election to the House of the People (Lok Sabha) if he has been nominated as a candidate for more than two constituencies. This means a candidate is legally permitted to contest from a maximum of two constituencies in a single general election. If a candidate wins from both, they must resign from one of the seats within a specified period (as per Section 70 of the Act) to avoid vacating both seats. Therefore, option (b) is correct, while options (a), (c), and (d) are legally incorrect under the current statutory framework of the RP Act 1951.
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