Executive Flashcards

1
Q
A
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2
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3
Q

Who specifies the Scheduled Tribes for a particular State or Union Territory under Article 342?

A

The President (after consultation with the Governor, in case of a State).

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4
Q

If a community is declared a Scheduled Tribe in one State, is it automatically considered a Scheduled Tribe in another State?

A

No, the list of Scheduled Tribes is State/UT specific.

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5
Q

If the election of a President or Vice-President is declared void by the Supreme Court, are acts done by them prior invalidated?

A

No, acts done by them on or before the date of the Supreme Court decision are not invalidated (Article 71).

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6
Q

Can the election of a President or Vice-President be questioned on the ground of any vacancy in the electoral college?

A

No (Article 71).

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7
Q

Does the Constitution prescribe a time limit for the President to give assent to a Bill?

A

No. This power is sometimes referred to as the President’s ‘pocket veto’.

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8
Q

Who has the right to participate in Parliamentary proceedings among these: Attorney General, Solicitor General?

A

Only the Attorney General (Article 76).

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9
Q

Who appoints the Attorney General for India?

A

The President (on the advice of the Government).

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10
Q

What typically happens to the Attorney General when the government (Council of Ministers) resigns?

A

Conventionally, the Attorney General resigns as he is appointed on the government’s advice.

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11
Q

As per the Sarkaria Commission, should the Governor belong to the state where he/she is posted?

A

No, the Governor should be an eminent person and not belong to that state.

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12
Q

As per the Sarkaria Commission, should the Governor have taken part in active politics in the recent past?

A

No, the Governor should be a detached figure without intense political links or recent political participation.

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13
Q

During President’s Rule (Article 356), whose functions can the President take up?

A

Functions of the state government and powers vested in the Governor or any other state executive authority.

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14
Q

During President’s Rule, who can exercise the powers of the state legislature?

A

The Parliament.

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15
Q

During President’s Rule, who carries on the state administration on behalf of the President?

A

The state governor, with the help of the Chief Secretary or advisors appointed by the President.

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16
Q

Can criminal proceedings be initiated against the President or a Governor during their term of office?

A

No (Article 361).

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17
Q

Can the emoluments and allowances of a Governor be diminished during their term of office?

A

No (Article 158).

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18
Q

During President’s Rule, if Parliament is not in session, who can authorise expenditure from the state consolidated fund?

A

The President (pending sanction by Parliament).

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19
Q

During President’s Rule, if Parliament is not in session, who can promulgate ordinances for the governance of the state?

A

The President.

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20
Q

What happens to the state council of ministers when President’s Rule is imposed?

A

The President dismisses the council of ministers headed by the chief minister.

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21
Q

Are local bodies (third-tier government) dissolved during President’s Rule?

A

No, they are not affected and carry on their work.

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22
Q

Who appoints the Chief Secretary in a State?

A

The Chief Minister (though the order is executed in the Governor’s name).

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23
Q

Does the Chief Secretary of a State have a fixed tenure?

A

No.

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24
Q

The executive power of the Union is vested in whom?

A

The President.

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25
The supreme command of the Defence Forces of the Union vests in whom?
The President.
26
The Cabinet Secretariat functions directly under whom?
The Prime Minister.
27
Who is the administrative head of the Cabinet Secretariat and ex-officio Chairman of the Civil Services Board?
The Cabinet Secretary.
28
Who makes rules for the convenient transaction of business of the Government of India and allocation of business among Ministers?
The President (Article 77).
29
All executive actions of the Government of India are expressed to be taken in whose name?
The President.
30
Who communicates all decisions of the Council of Ministers relating to administration and legislation proposals to the President?
The Prime Minister (Article 78).
31
For how long does the Governor hold office?
For a term of 5 years, holding office during the pleasure of the President (Article 156).
32
Does the Constitution lay down a specific procedure for the removal of the Governor?
No.
33
Can the same person be appointed as Governor for two or more States?
Yes (provision added by 7th Amendment Act, 1956).
34
Who appoints the judges of a High Court?
The President (in consultation with CJI, Governor, and Chief Justice of the concerned High Court).
35
In a Union Territory having a legislative assembly, who appoints the Chief Minister?
The President.
36
In a parliamentary system like India's, who is the formal Head of the State?
The President.
37
Who appoints the Prime Minister?
The President.
38
Ministers hold office during the pleasure of whom?
The President (Article 75).
39
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40
What is the composition of the Public Accounts Committee (PAC)?
22 Members (15 from Lok Sabha, 7 from Rajya Sabha).
41
What is the composition of the Estimates Committee?
30 Members (all from Lok Sabha).
42
What is the composition of the Committee on Public Undertakings (CoPU)?
22 Members (15 from Lok Sabha, 7 from Rajya Sabha).
43
What is the usual term of office for members of the PAC, Estimates Committee, and CoPU?
One year.
44
Does the Minister of Parliamentary Affairs hold cabinet rank?
Yes.
45
Which Cabinet Committee does the Ministry of Parliamentary Affairs work under?
Cabinet Committee on Parliamentary Affairs.
46
Who chairs the Cabinet Committee of Parliamentary Affairs?
The Home Minister of India.
47
Which Ministry handles the nomination of MPs to committees and other bodies set up by the Government?
Ministry of Parliamentary Affairs.
48
Under Article 138, who can enlarge the jurisdiction and power of the Supreme Court regarding matters in the Union List?
Parliament, by law.
49
What is 'jurisdiction' in a legal context?
The power of a state to affect persons, property, and circumstances within its territory, exercised via legislative, executive, or judicial actions.
50
During which situation can the tenure of Lok Sabha be extended by Parliament?
During the proclamation of a National Emergency.
51
For how long can the Lok Sabha's term be extended at a time during a National Emergency?
For a period of one year at a time.
52
What is the maximum period the extended term of Lok Sabha can continue after the National Emergency ceases to operate?
Six months.
53
Is the Executive responsible to the Parliament in India's parliamentary system?
Yes (collectively responsible to Lok Sabha under Article 75).
54
Name three parliamentary devices used to exercise control over the Executive.
Question Hour, Zero Hour, Adjournment Motion, Calling Attention Motion, No-Confidence Motion, Censure Motion, various discussions, committee supervision.
55
What does the parliamentary procedure term 'yielding the floor' mean?
When the speaker asks a member to stop speaking to allow another member to speak; or when a member yields their allotted time to another.
56
Where can a Money Bill (Article 110) be introduced?
Only in the Lok Sabha.
57
Whose recommendation is required to introduce a Money Bill?
The President's recommendation.
58
Can a Money Bill be introduced by a private member?
No, it is considered a government bill and can only be introduced by a minister.
59
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60
The Council of Ministers is collectively responsible to which House of Parliament?
House of the People (Lok Sabha).
61
What duty does Article 78 impose on the Prime Minister regarding Council of Ministers' decisions?
To communicate all decisions relating to administration and legislation proposals to the President.
62
Who appoints the Prime Minister according to Article 75?
The President.
63
In appointing the Prime Minister, when can the President exercise discretion?
When no single party secures a clear majority in the Lok Sabha.
64
Must the Prime Minister be a member of Parliament at the time of appointment?
No, but he/she must become a member of either Lok Sabha or Rajya Sabha within six months.
65
Name three bodies whose reports the President lays before Parliament.
Auditor General (CAG), UPSC, Finance Commission, Special officers for SC/ST, National Commission for SC/ST, National Commission for Backward Classes (any three).
66
Does the President lay the report of the Public Accounts Committee (PAC) before Parliament?
No (PAC is a parliamentary committee that examines reports like CAG's).
67
Which Article provides for the Finance Commission?
Article 280.
68
How often is the Finance Commission constituted by the President?
Every fifth year, or earlier if considered necessary.
69
To whom does the Finance Commission submit its report?
The President (who then lays it before Parliament).
70
Was the word 'Cabinet' mentioned in the original Constitution?
No, it was inserted into Article 352 by the 44th Amendment Act, 1978.
71
Must all Cabinet Ministers be sitting members of Lok Sabha only?
No.
72
The Union Cabinet Secretariat functions under the direct direction of whom?
The Prime Minister.
73
Who creates the Ministries/Departments of the Government of India?
The President, on the advice of the Prime Minister.
74
Who recommends persons to be appointed as Ministers by the President?
The Prime Minister.
75
India is a signatory to which international protocol related to Biosafety and Living Modified Organisms (LMOs)?
Cartagena Protocol on Biosafety.
76
Which Ministry implements the Cartagena Protocol in India?
Ministry of Environment, Forest and Climate Change.
77
The Department of Atomic Energy (DAE) functions under the direct charge of whom?
The Prime Minister.
78
Who is the ex-officio Chairman of the Atomic Energy Commission?
The Secretary to the Government of India in the Department of Atomic Energy.
79
Who generally assists a Minister in charge of a Ministry/Department on policy matters and general administration?
A Secretary to the Government of India.
80
The Department of Border Management falls under which Union Ministry?
Ministry of Home Affairs (MHA).
81
Under Article 143, the President can seek the Supreme Court's advisory opinion on which two categories of matters?
1. Any question of law or fact of public importance. 2. Any dispute arising out of pre-constitution treaties, agreements, etc.
82
Is the Supreme Court obligated to give its opinion when sought under Article 143 on a question of law/fact of public importance?
No, the Supreme Court may refuse to tender its opinion in this case.
83
Is the Supreme Court obligated to give its opinion when sought under Article 143 on a dispute from a pre-constitution treaty/agreement?
Yes, the Supreme Court 'must' tender its opinion in this case.
84
Is the advisory opinion rendered by the Supreme Court under Article 143 binding on the President?
No, it is only advisory.
85
Does the Comptroller and Auditor General (CAG) of India have control over the issue of money from the Consolidated Fund?
No, the CAG is concerned only at the audit stage after expenditure has occurred.
86
Name three types of accounts audited by the CAG.
Expenditure from Consolidated Fund (Union/State/UT), Expenditure from Contingency Fund/Public Account (Union/State), Trading/manufacturing/profit & loss accounts of govt depts.
87
What qualifications must a person possess to be appointed Attorney General for India?
Must be qualified to be appointed a Judge of the Supreme Court (Citizen, HC Judge for 5 yrs OR HC Advocate for 10 yrs OR eminent jurist).
88
Is the term of office for the Attorney General fixed by the Constitution?
No, the AG holds office during the pleasure of the President.
89
Which tax proceeds were mandatorily shared between the Union and States under Article 270?
Net proceeds of Income Tax levied and collected by the Union.
90
Which tax proceeds could be shared between the Union and States if Parliament provided by law, under Article 272?
Union Excise Duties.