2010 General Studies, all questions

UPSC Prelims 2010 · General Studies

Question 10: Polity and Governance

Consider the following statements : The Supreme Court of India tenders advice to the President of India on matters of law or fact

  1. 1.on its own initiative (on any matter of larger public interest).
  2. 2.if he seeks such an advice.
  3. 3.only if the matters relate to the Fundamental Rights of the citizens.

Which of the statements given above is/are correct ?

a1 only
b2 only
c3
d1 and 2

AnswerThe answer is (b).

Article 143 lets the President refer to the Supreme Court a question of law or fact that has arisen or is likely to arise and is of public importance; the Court may then give its opinion. The Court cannot advise on its own initiative, and the reference is not limited to Fundamental Rights. The opinion is only advisory: the President is not bound by it, and the Court may decline to answer. Remember: advisory jurisdiction works only when the President seeks it.

  • 1. The Court has no power to advise the President on its own initiative.
  • 2. It advises when the President refers a question under Article 143.
  • 3. Any question of law or fact of public importance can be referred, not only Fundamental Rights.

How you could have got this

  1. If you were sure statement 3 is not correct, (c) goes: it includes 3.

    What you needed to know: Any question of law or fact of public importance can be referred, not only Fundamental Rights.

    The red flag in statement 3 is “only”. In UPSC’s papers, statements with “only” were true 27% of the time (82 statements). A hint, not a rule.

  2. Then, if you were sure statement 1 is not correct, (a) and (d) go: each of them includes 1.

    What you needed to know: The Court has no power to advise the President on its own initiative.

Only (b) is left. You didn’t need statement 2.

This follows an unofficial answer: UPSC has not published its key for this year, and if that answer is wrong, so is this path.

Which options go is worked out from UPSC’s key and the options, not by a model.

Why each option is right or wrong
  • (a) The Court cannot offer advice on its own; it acts only on a reference from the President.
  • (b) Right: the Court gives its opinion only if the President seeks it (Article 143).
  • (c) A reference can cover any question of law or fact of public importance, not only Fundamental Rights.
  • (d) Statement 1 is wrong, so joining it with statement 2 is wrong.

Explanation: written by UPSC Grade, not by UPSC.

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Source: UPSC, Civil Services (Preliminary) Examination 2010, General Studies, Series A. The paper on upsc.gov.in.