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INDIAN POLITY > 26.Solicitor General, Advocate General and Parliament > Flashcards

26.Solicitor General, Advocate General and Parliament Flashcards

1
Q

Who is the Solicitor General of India?

A

The Solicitor General of India is the Law Officer under the Attorney General.

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2
Q

What is the role of the Solicitor General?

A

The Solicitor General assists the Attorney General in fulfilling his official responsibilities.

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3
Q

Is the office of the Solicitor General mentioned in the Constitution?

A

No, only the office of the Attorney General is created by the Constitution.

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4
Q

How is the Solicitor General appointed?

A

The Solicitor General is appointed by the President of India.

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5
Q

What is the eligibility criteria for the Solicitor General?

A

The eligibility criteria for the Solicitor General are similar to that of the Attorney General.

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6
Q

Is the post of Solicitor General statutory?

A

Yes, the post of Solicitor General is a statutory post.

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7
Q

Which rules govern the office and duties of the Solicitor General and Additional Solicitor General?

A

The Law Officers (Conditions of Service) Rules, 1987 govern the office and duties of the Solicitor General and Additional Solicitor General.

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8
Q

Can the Solicitor General be reappointed?

A

Yes, the Solicitor General is eligible for reappointment.

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9
Q

How can the Solicitor General be removed from office?

A

The Solicitor General can be removed by the pleasure of the President.

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10
Q

What is the eligibility criteria for the Attorney General?

A

The eligibility criteria for the Attorney General are being qualified to be appointed as a judge of the Supreme Court.

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11
Q

What are the eligibility requirements for becoming the Attorney General?

A

To become the Attorney General, a person must be a citizen of India, have been a judge of some high court for five years, or be an advocate of some high court for ten years, or be an eminent jurist in the opinion of the President.

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12
Q

What is one of the duties of the Solicitor General?

A

The Solicitor General can appear in the Supreme Court or any High Court on behalf of the Government of India.

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13
Q

Does the Solicitor General provide legal advice to the Government of India?

A

No, unlike the Attorney General, the Solicitor General does not tender legal advice to the Government of India.

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14
Q

What is the scope of the Solicitor General’s workload?

A

The Solicitor General’s workload is confined to appearing in the courts on behalf of the Union of India.

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15
Q

Are private practices allowed for the Attorney General and the Solicitor General?

A

No, the private practice of both the Attorney General and the Solicitor General is prohibited.

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16
Q

Can the Attorney General and the Solicitor General provide advice against the Government or Government undertakings?

A

No, they cannot advise anyone against the Government or Government undertakings.

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17
Q

How are the fees of the Attorney General and the Solicitor General determined?

A

The fees of both officers are fixed per day and per case.

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18
Q

What recent changes have been made regarding the Additional Solicitor Generals (ASGs)?

A

Six new Additional Solicitor Generals (ASGs) have been appointed, and the tenure of five existing ASGs has been extended.

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19
Q

What article in the Constitution provides for the office of the Advocate General for the States?

A

Article 165 provides for the office of the Advocate General for the States.

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20
Q

What is the role of the Advocate General?

A

The Advocate General is the highest law officer in the state and corresponds to the Attorney General of India.

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21
Q

How is the Advocate General appointed?

A

The Advocate General is appointed by the Governor.

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22
Q

What qualification must the Advocate General possess?

A

The Advocate General must be qualified to be appointed as a judge of a high court.

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23
Q

Is there a fixed tenure for the Advocate General?

A

No, the tenure of the Advocate General depends on the pleasure of the Governor.

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24
Q

When can the Advocate General resign from office?

A

The Advocate General can resign from office by submitting his resignation to the Governor. By convention, he resigns when the government (council of ministers) resigns or is replaced.

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25
Q

What are the duties of the Advocate General?

A

The Advocate General’s duties include giving advice to the government of the concerned state on legal matters, performing other duties of a legal character, and discharging functions conferred on him by the Constitution or any other law.

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26
Q

What rights does the Advocate General have in the state legislature?

A

The Advocate General has the right to speak and take part in the proceedings of both the Houses of the state legislature or any committee of the state legislature of which he may be named a member, but without the right to vote.

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27
Q

What privileges and immunities does the Advocate General enjoy?

A

The Advocate General enjoys all the privileges and immunities available to a member of the state legislature.

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28
Q

What is the article that governs the Attorney General’s position?

A

The Attorney General is part of the Union Executive, as mentioned in Article 76.

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29
Q

Who appoints the Attorney General?

A

The Attorney General is appointed by the President of India.

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30
Q

What is the eligibility requirement for becoming the Attorney General?

A

To become the Attorney General, one must be a judge of the Supreme Court.

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31
Q

How can the Attorney General be removed from office?

A

The Attorney General can be removed at the pleasure of the President.

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32
Q

What is the main function of the Attorney General?

A

The Attorney General provides legal advice to the Union Government.

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33
Q

What is the article that governs the Advocate General’s position?

A

The Advocate General is part of the State Executive, as mentioned in Article 165.

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34
Q

Who appoints the Advocate General?

A

The Advocate General is appointed by the Governor of the respective state.

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35
Q

What is the eligibility requirement for becoming the Advocate General?

A

To become the Advocate General, one must be a judge of the High Court.

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36
Q

How can the Advocate General be removed from office?

A

The Advocate General can be removed at the pleasure of the Governor.

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37
Q

What is the main function of the Advocate General?

A

The Advocate General provides legal advice to the State Government.

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38
Q

What is the article that outlines the duties of the Prime Minister?

A

The duties of the Prime Minister are outlined in Article 78.

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39
Q

What is the first duty of the Prime Minister mentioned in Article 78?

A

The first duty of the Prime Minister is to communicate to the President all decisions of the council of ministers relating to the administration of the affairs of the Union and proposals for legislation.

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40
Q

What is the second duty of the Prime Minister mentioned in Article 78?

A

The second duty of the Prime Minister is to furnish information relating to the administration of the affairs of the Union and proposals for legislation as requested by the President.

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41
Q

Under what circumstances is the Prime Minister required to submit a matter to the council of ministers?

A

The Prime Minister is required to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but has not been considered by the council, if requested by the President.

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42
Q

What is Parliament?

A

Parliament is a supreme legislative body of a usually major political unit that is a continuing institution comprising a series of individual assemblages.

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43
Q

What does the term ‘Parliament’ refer to?

A

The term ‘Parliament’ refers to the national legislature.

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44
Q

How is the Indian Parliament structured?

A

The Indian Parliament is bicameral, consisting of two Houses: Lok Sabha (Lower House) and Rajya Sabha (Upper House).

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45
Q

Who are the components of the Indian Parliament?

A

The Indian Parliament consists of the President, Lok Sabha (House of People), and Rajya Sabha (House of Lords).

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46
Q

How did the formation of Parliament occur?

A

Parliament developed naturally out of the daily political needs of the English King and his government, without a deliberate intention to create it.

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47
Q

Did Parliament develop continuously over time?

A

No, Parliament went through short periods of rapid growth instead of continuous development.

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48
Q

How are modern democratic governments classified?

A

Modern democratic governments are classified into parliamentary and presidential systems based on the nature of relations between the executive and legislative organs of the government.

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49
Q

What is a key feature of the Parliamentary system?

A

In the Parliamentary system, the executive and legislative branches are fused together.

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50
Q

Who is the head of government in the Parliamentary system?

A

The Prime Minister is the head of government in the Parliamentary system.

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51
Q

How is the Prime Minister held accountable in the Parliamentary system?

A

The Prime Minister is accountable to the legislature in the Parliamentary system.

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52
Q

What power does the legislature have in the Parliamentary system?

A

The legislature has the power to remove the Prime Minister through a vote of no confidence in the Parliamentary system.

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53
Q

What determines the formation of the government in the Parliamentary system?

A

The majority party or coalition in the legislature forms the government in the Parliamentary system.

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54
Q

What is a key feature of the Presidential system?

A

In the Presidential system, the executive and legislative branches are separate.

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55
Q

Who is the head of state and government in the Presidential system?

A

The President is the head of state and government in the Presidential system.

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56
Q

How is the President’s accountability different from the Prime Minister’s in the Presidential system?

A

The President is not accountable to the legislature in the Presidential system.

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57
Q

How is the President elected in the Presidential system?

A

The President is elected separately from the legislature in the Presidential system.

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58
Q

What is a key merit of the Parliamentary system?

A

A key merit of the Parliamentary system is the clear separation of powers.

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59
Q

What is a key merit of the Presidential system?

A

A key merit of the Presidential system is the stability in the executive leadership due to fixed terms.

60
Q

What is a key demerit of the Parliamentary system?

A

A key demerit of the Parliamentary system is the possibility of frequent changes in government.

61
Q

What is a key demerit of the Presidential system?

A

A key demerit of the Presidential system is the potential for gridlock between the executive and legislative branches.

62
Q

What are the components of the Congress in the USA?

A

The Congress in the USA comprises the Senate and the House of Representatives.

63
Q

Is the President a part of the Congress in the USA?

A

No, the President is not a part of the Congress in the USA.

64
Q

How are ministers appointed in the USA?

A

Ministers in the USA are not elected but appointed by the President.

65
Q

Does the USA have a system of Parliamentary responsibility?

A

No, the USA does not have a system of Parliamentary responsibility.

66
Q

What are the components of the Parliament in India?

A

The Parliament in India consists of the Lok Sabha (Lower House) and the Rajya Sabha (Upper House).

67
Q

How is the Lok Sabha (Lower House) in India formed?

A

The Lok Sabha in India is elected directly by the people.

68
Q

How is the Rajya Sabha (Upper House) in India formed?

A

The Rajya Sabha in India is formed through indirect elections.

69
Q

Is the President a part of the Parliament in India?

A

Yes, the President is a part of the Parliament in India.

70
Q

How are ministers appointed in India?

A

Ministers in India are appointed from among the members of the Parliament.

71
Q

Does India have a system of Parliamentary responsibility?

A

Yes, India has a system of Parliamentary responsibility.

72
Q

What is the Parliamentary system of government?

A

The Parliamentary system of government is where the executive is responsible to the legislature for its policies and acts.

73
Q

What are some other names for the Parliamentary government?

A

The Parliamentary government is also known as cabinet government, responsible government, or Westminster model.

74
Q

Which countries have a Parliamentary form of government?

A

The Parliamentary form of government is found in countries like Britain, Japan, Canada, and India.

75
Q

What did Ivor Jennings call the Parliamentary system?

A

Ivor Jennings called the Parliamentary system the ‘cabinet system’ as the cabinet is the nucleus of power in this system.

76
Q

Why is the Parliamentary system also known as ‘responsible government’?

A

The Parliamentary system is known as ‘responsible government’ because the executive is accountable to the legislature.

77
Q

What is the ‘Westminster model of government’?

A

The ‘Westminster model of government’ refers to the Parliamentary system of government, named after the location of the British parliament where this system originated.

78
Q

What is the Presidential system of government?

A

The Presidential system of government is where the executive is not responsible to the legislature and is constitutionally independent of the legislature in terms of its office.

79
Q

Which countries have a Presidential form of government?

A

The Presidential form of government is prevalent in countries like the USA and Brazil.

80
Q

How is the President elected in a Presidential system?

A

The President is elected by an electoral college for a fixed tenure of four years.

81
Q

What is the role of the President in a Presidential system?

A

The President is the head of government and leads the executive organ of government.

82
Q

How can the President be removed in a Presidential system?

A

The President can only be removed by impeachment for a grave unconstitutional act.

83
Q

What is the role of the cabinet in a Presidential system?

A

The cabinet or ‘Kitchen Cabinet’ in a Presidential system is an advisory body consisting of non-elected departmental secretaries appointed by the President.

84
Q

Are the President and the cabinet responsible to the Congress in a Presidential system?

A

No, the President and the cabinet are not responsible to the Congress for their acts.

85
Q

Can the President dissolve the lower house of the Congress in a Presidential system?

A

No, the President does not have the power to dissolve the House of Representatives, the lower house of the Congress.

86
Q

How was the Prime Minister described in the past by British constitutional and political experts?

A

In the past, the Prime Minister was described as ‘primus inter pares’ (first among equals) in relation to the cabinet.

87
Q

How has the power and influence of the Prime Minister changed in recent times?

A

In recent times, the power, influence, and position of the Prime Minister have significantly increased vis-à-vis the cabinet.

88
Q

What role does the Prime Minister play in the British politico-administrative system?

A

The Prime Minister plays a dominant role in the British politico-administrative system.

89
Q

How is the British system of government described by later political analysts?

A

Later political analysts have described the British system of government as ‘prime ministerial government’.

90
Q

Does the same description hold true in the Indian context?

A

Yes, the same description holds true in the Indian context as well.

91
Q

Why did India adopt the Parliamentary system?

A

India adopted the Parliamentary system due to several reasons:

92
Q

What was one reason for adopting the Parliamentary system in India?

A

One reason was familiarity with the system.

93
Q

What did India prefer in terms of governance?

A

India preferred a system that provided more responsibility.

94
Q

Why was there a need to avoid legislative-executive conflicts in India?

A

India wanted to avoid conflicts between the legislative and executive branches of government.

95
Q

How did the diverse nature of Indian society influence the choice of the Parliamentary system?

A

The diverse nature of Indian society, with religious, cultural, and linguistic diversity, influenced the adoption of the Parliamentary system.

96
Q

What is the system of government in India?

A

India has a Republic system of government.

97
Q

What is the system of government in Britain?

A

Britain has a Monarchy system of government.

98
Q

What is the source of supremacy in India?

A

In India, the supremacy lies with the Constitution.

99
Q

What is the source of supremacy in Britain?

A

In Britain, the supremacy lies with Parliament.

100
Q

Can the Prime Minister of India be from any House?

A

Yes, the Prime Minister of India can be from any House.

101
Q

From which House is the Prime Minister of Britain chosen?

A

The Prime Minister of Britain is chosen from the House of Commons.

102
Q

Do ministers in India have legal responsibilities?

A

No, ministers in India do not have legal responsibilities.

103
Q

Do ministers in Britain have legal responsibilities?

A

Yes, ministers in Britain have legal responsibilities.

104
Q

Does India have a formal shadow cabinet?

A

No, India does not have a formal shadow cabinet.

105
Q

Does Britain have a formal shadow cabinet?

A

Yes, Britain has a formal shadow cabinet.

106
Q

What is one function of the Parliament?

A

One function of the Parliament is lawmaking, including making laws, policies, and amending the Constitution.

107
Q

How does the Parliament control the executive?

A

The Parliament controls the executive through mechanisms such as no-confidence motions, censure motions, question hours, etc.

108
Q

What role does the Parliament play in the judiciary?

A

The Parliament functions as a quasi-judicial body with provisions for inquiries, committees, impeachment of the President, and removal of judges from high courts and the Supreme Court.

109
Q

What is an important election function carried out by the Parliament?

A

The Parliament conducts elections for the President and Vice President. It also elects the chairperson of the House and heads of other parliamentary committees.

110
Q

How does the Parliament contribute to the management of finances?

A

The Parliament authorizes the use of funds from the Consolidated Fund of India by the executive. The budget is presented to the Parliament, and the Public Accounts Committee and Estimate Committee scrutinize the expenditure.

111
Q

According to Article 79, what does the Parliament consist of?

A

The Parliament consists of the President, the Council of States, and the House of the People.

112
Q

How many members can be elected to the Council of States according to Article 80?

A

The Council of States can have a maximum of 238 elected members, chosen by the elected members of the State Legislative Assembly through proportional representation and single transferable votes. Additionally, 12 members are nominated by the President based on their expertise in literature, art, science, and social service.

113
Q

What is the purpose of the council of Ministers mentioned in Article 74?

A

The council of Ministers, headed by the Prime Minister, is formed to aid and advise the President.

114
Q

According to Article 75, who are the Ministers responsible to?

A

The Ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular.

115
Q

What does Article 85 state about the summoning of the Parliament?

A

Article 85 states that the President has the power to summon each house of Parliament, with a maximum gap of six months between sessions. The President also has the authority to prorogue or dissolve the house.

116
Q

What does Article 93 state about the House of the People?

A

According to Article 93, the House of the People (Lok Sabha) must choose a Speaker and Deputy Speaker from among its members as soon as possible.

117
Q

According to Article 102, what are the grounds for disqualification of members from either house?

A

Members can be disqualified on the grounds of holding the office of profit, unsound mind, undischarged insolvent, and loss of citizenship.

118
Q

What does Article 107 deal with?

A

Article 107 deals with the provision for the introduction and passing of bills in Parliament.

119
Q

What does Article 368 cover?

A

Article 368 outlines the powers and procedure to amend the Constitution.

120
Q

According to Article 163, what is the role of the council of ministers?

A

The council of ministers, with the Chief Minister as the head, aids and advises the Governor on the exercise of his functions, except when the Governor is required to exercise discretion.

121
Q

What does Article 164 state regarding the appointment and tenure of Ministers?

A

The Chief Minister is appointed by the Governor, while other Ministers are appointed by the Governor on the advice of the Chief Minister.

*The Ministers hold office during the pleasure of the Governor.
*The Council of Ministers is collectively responsible to the legislative assembly of the state.

122
Q

According to Article 167, what are the duties of the Chief Minister?

A

The duties of the Chief Minister include communicating decisions of the council of ministers to the Governor, providing information as requested by the Governor, and submitting matters decided by a minister to the council for consideration if required by the Governor.

123
Q

What does Article 168 state?

A

Article 168 states that there shall be a legislature in every state, which can be either unicameral (having one house) or bicameral (having two houses).

124
Q

Under what circumstances can the legislative council of a state be created or abolished?

A

The legislative council of a state can be created or abolished by the Parliament if the state assembly passes a resolution to do so with a special majority, as mentioned in Article 169.

125
Q

What does Article 174 pertain to?

A

Article 174 deals with the power of the Governor to summon or prorogue the house (legislative assembly).

126
Q

According to Article 178, who is chosen by the legislative assembly of a state?

A

The legislative assembly of a state chooses two members from among itself as the Speaker and Deputy Speaker, as stated in Article 178.

127
Q

What are the grounds for disqualification of members from either House as per Article 191?

A

Members can be disqualified from either the assembly or council on the grounds of holding the office of profit, unsound mind, discharged insolvent, or loss of citizenship.

128
Q

What is the role of the Governor regarding bills becoming acts, as mentioned in Article 200?

A

The Governor must sign the bills for them to become acts, and the Governor exercises discretion in certain matters as well.

129
Q

What is the maximum strength of the Rajya Sabha?

A

The maximum strength of the Rajya Sabha is fixed at 250 members.

130
Q

How are the members of the Rajya Sabha elected?

A

Out of the total strength, 238 members are representatives of the states and union territories and are elected indirectly.

131
Q

How many members are nominated by the President to the Rajya Sabha?

A

The President nominates 12 members to the Rajya Sabha.

132
Q

How many members are currently in the Rajya Sabha?

A

Currently, the Rajya Sabha has 245 members.

133
Q

How many members of the Rajya Sabha represent the states?

A

Out of the total members, 229 members represent the states.

134
Q

How many members of the Rajya Sabha represent the union territories?

A

Four members represent the union territories in the Rajya Sabha.

135
Q

Who nominates the members to the Rajya Sabha?

A

The President of India nominates the members to the Rajya Sabha.

136
Q

How are the representatives of states in the Rajya Sabha elected?

A

The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies.

137
Q

What voting system is used for the election of Rajya Sabha members?

A

The election of Rajya Sabha members follows the system of proportional representation by means of the single transferable vote.

138
Q

How are the seats in the Rajya Sabha allotted to the states?

A

The seats in the Rajya Sabha are allotted to the states based on their population.

139
Q

Which state has the maximum number of seats in the Rajya Sabha?

A

Uttar Pradesh has the maximum number of seats in the Rajya Sabha.

140
Q

How are the representatives of union territories in the Rajya Sabha elected?

A

The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for this purpose.

141
Q

What voting system is used for the election of union territory representatives in the Rajya Sabha?

A

The election of union territory representatives in the Rajya Sabha follows the system of proportional representation by means of the single transferable vote.

142
Q

How many members are nominated by the President to the Rajya Sabha?

A

The President nominates 12 members to the Rajya Sabha who have special knowledge or practical experience in art, literature, science, or social service.

143
Q

When was the Rajya Sabha first constituted?

A

The Rajya Sabha was first constituted in 1952.

144
Q

Is the Rajya Sabha a continuing chamber or subject to dissolution?

A

The Rajya Sabha is a continuing chamber, meaning it is a permanent body and not subject to dissolution.

145
Q

How often do one-third of Rajya Sabha members retire?

A

One-third of Rajya Sabha members retire every second year.

146
Q

Are the retiring members of Rajya Sabha eligible for re-election?

A

Yes, the retiring members of Rajya Sabha are eligible for re-election.

147
Q

Can the retiring members of Rajya Sabha be renominated?

A

Yes, the retiring members of Rajya Sabha can be renominated any number of times.

INDIAN POLITY (40 decks)

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