Polity- Constitution and Political system

Question 1

Promulgation of Ordinance?

Answer 1

• Article 123 grants such powers to Prez
• An ordinance may be concerned with any subject that the Parliament has the power to legislate on and also has the same limitations as the Parliament to legislate according to the distribution of powers between the Union, State and Concurrent Lists. Thus, An ordinance can be issued only on those subjects on which the Parliament can make laws. And, An ordinance is subject to the same constitutional limitation as an act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights
• There are three limitations with regard to the ordinance making power of the executive. They are:

i. The President can only promulgate an ordinance when either of the two Houses of Parliament is not in session.
ii. The President cannot promulgate an ordinance unless he is satisfied that there are circumstances that require taking ‘immediate action’.

In Cooper case, (1970), the Supreme Court held that the President’s satisfaction can be questioned in a court on the ground of malafide. This means that the decision of the President to issue an ordinance can be questioned in a court on the ground that the President has prorogued one House or both Houses of Parliament deliberately with a view to promulgate an ordinance on a controversial subject, so as to bypass the parliamentary decision and thereby circumventing the authority of the Parliament. The 38th Constitutional Amendment Act of 1975 made the President’s satisfaction final and conclusive and beyond judicial review. But, this provision was deleted by the 44th Constitutional Amendment Act of 1978. Thus, the President’s satisfaction is justiciable on the ground of malafide

iii. Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate. They will also cease to operate in case resolutions disapproving the ordinance are passed by both the Houses.

• President can also withdraw an ordinance at any time. However, his power of ordinance-making is not a discretionary power, and he can promulgate or withdraw an ordinance only on the advice of the council of ministers headed by the prime minister.
• An ordinance like any other legislation, can be retrospective, that is, it may come into force from a back date.
• It may modify or repeal any act of Parliament or another ordinance.
• It can alter or amend a tax law also.
• However, it cannot be issued to amend the Constitution.
• The rules of Lok Sabha require that whenever a bill seeking to replace an ordinance is introduced in the House, a statement explaining the circumstances that had necessitated immediate legislation by ordinance should be placed before the house

Question 2

Repromulgation of Ordinance?

Answer 2

An ordinance can be re-promulgated only thrice

SC in DC Wadhwa case (1987), ruled that successive repromulgation of ordinances with the same text without any attempt to get the bills passed by the assembly would amount to violation of the Constitution and the ordinance so repromulgated is liable to be struck down

Question 3

Fundamental Rights: intro/significance/purpose?

Answer 3

• Magna Carta of India
• uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation.
• Political democracy;
• limitations on tyranny of executive and arbitrary laws of legislature
• aims to establish a ‘govt laws of men and not of men’
• named so coz guaranteed and protected by consti, fundamental law of the land ANDcoz they are most essential for all-round developmentof individuals

Question 4

Features of FRs?

Answer 4

1. some only to citizens, others to citizens, foreigners or legal persons
2. NOT absolute bt qualified. Reasonable restrictions. thus, strike a balance betn rights of individual and rights of society as a whole, betn individual liberty and social control.
3. Mostly against arbitrary action of state; some against states’s actions and against action of pvt individuals
4. Some negative, others positive (conferring certain prvileges on persons)
5. They are justiciable
6. defended and guaranteed by SC
7. nt sacrosanct or permanent- Consti Amend Act, basic str
8. suspended during National emergency, except Art 20 and 21
9. scope of ops limited by Art31A, Art 31B adn Art 31C
10. Art 33- application to armed forces can be restricted or abrogated by Parliament
11. Art 34- application can be restricted during martial law
12. Most of them dirctly enforceable, while a few enforced by framed laws-Such a law can be made only by the Parliament and not by state
    legislatures so that uniformity throughout the country is maintained
    (Article 35)

Question 5

Defn of state?

Answer 5

• Art 12
• All local authorities like improvement trusts, etc.
• All other authorities, that is, statutory or non-statutory authorities like
  LIC, ONGC, SAIL, etc.
• According to the Supreme Court, even a private body or an agency
  working as an instrument of the State falls within the meaning of the ‘State’
  under Article 12.

Question 6

Art 13?

Answer 6

• Judicial Review
• Article 13 (2): Parliament and thestate legislatures are clearly prohibited from making laws that may take away or abridge the fundamental rights guaranteed to the citizen
• term ‘law’ includes:
  
  • Permanent laws enacted by the Parliament or the state legislatures;
  • Temporary laws like ordinances issued by the president or the state
    governors;
  • Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification; and
  • Non-legislative sources of law, that is, custom or usage having the force of law.
• Further, Article 13 declares that a constitutional amendment is not a law and hence cannot be challenged; However, Keshavanand Bharati case

Question 7

Article wise FRs?

Answer 7

• Art 14-18: right to Equality
  
  • Art 14: equality before law and equal protection of law
  • Art 15: Prohibition of Discrimination
  • Art 16: Equality of opp in public employment
  • Art17: abolition of untouchability
  • Art 18: Abolition of titles
• Art 19: Right to freedom
• Art 20-22: Rights to liberty
  
  • Art 20: conviction of offences
  • Art 21: Protection of life and personal liberty
  • Art 22: against arrest and arbitrary detention
• Art 21A: Right to elementary education
• Art 23-24: right against exploitation
  
  • Art 23: human trafficking and forced labor
  • Art 24: child labor
• Art25-28: Right to freedom of religion
  
  • Art 25: freedom of religion
  • Art 26: freedom to manage religious affairs
  • Art 27: Freedom from payment of taxes for promotion of any religion
  • Art 28: Freedom from attending religious instruction or worship in certain educational institutions
• Art 29-30: Cultural and Educational rights:
  
  • Art 29: Protection of language, script and culture of minorities
  • Art 30: Right of minorities to establish and administer
    educational institutions
• Art 32: consti remedies-WRITs
  *

Question 8

FR available only to citizens and not to
foreigners?

Answer 8

• 15
• 16
• 19
• 29 (language, script and culture of minorities)
• 30 (minorities educational insti)

Question 9

FR available to both
citizens and foreigners
(except enemy aliens)?

Answer 9

• Art 14
• Art 20
• Art 21
• Art 21A
• Art 22,23,24,25,26,27,28

Question 10

T/F: Art 21A (right to elementary education) is extended to foreigners too.

Answer 10

T

Question 11

Art 14?

Answer 11

• citizens and foreigners
• ‘person’ also includes legal persons
• State shall not deny any person ‘equality before law’ or ‘equal protection of law’.
• ‘equality before law’ vs ‘equal protection of law’
• SC:
  
  • where equals and unequals are treated differently, Article 14 does not apply
  • ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the constitution
• forbids CLASS legislation bt permits reasonable classification bt classification should not be arbitrary, artificial or evasive. Rather, it should be based on an intelligible differential and substantial distinction.
• Exceptions

Question 12

‘equality before law’ vs ‘equal protection of law’?

Answer 12

• Equality Before Law:
  
  • british Concept
  • connotes (a) the absence of any special privileges in favour of any person, (b) the equal subjection of all persons to the ordinary law of the land administered by ordinary law courts, and (c) no person (whether rich or poor, high or low, official or non-official) is above the law.
  • The concept of ‘equality before law’ is an element of the concept of ‘Rule of Law’, propounded by A.V. Dicey, the British jurist. His concept has three aspects
    
    • Absence of Arbitrary Power: no man can be punished except for a breach of law
    • Equality Before Law
    • Primacy of Rights of individual and that the consti is the result of those rights as defined and enforced by the courts
• Equal Protection of Law:
  
  • American concept
  • connotes: (a) the equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed by the laws, (b) the similar application of the same laws to all persons who are similarly situated, and (c) the like should be treated alike
    without any discrimination
  • Thus, the former is a negative concept while the
    latter is a positive concept.

Question 13

Exceptions to rule of equality before law?

Answer 13

1. Immunities enjoyed by President and Guv-
   
   1. not answerable to any court for the exercise and performance of the powers and duties
   2. No criminal proceedings shall be instituted or continued against in any court during his term
   3. No process for the arrest or imprisonment shall be issued from any court during his term
   4. No civil proceedings against him during his term of office in any court in respect of any act done by him in his personal capacity, whether before or after he entered upon his office, until the expiration of two months next after notice has been delivered to him.
2. publication in a newspaper (or by radio or television) of a substantially true report of any proceedings of either House/SLs
3. MP or MLA in respect of anything said or any vote given by him in the
   Legislature or any committee thereof
4. Art 31C- laws mad by the state for DSP in clause (b) or (c) of Art 39, cannot be challenged on Art 14 grnds. SC: “where Article 31-C comes in, Article 14 goes out”
5. foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from criminal and civil proceedings.
6. UNO and its agencies diplomatic immunity

Question 14

Art 15?

Answer 14

• TWO provisions:
  
  • State shall not discriminate against any citizen on grounds only of
    
    1. religion
    2. race
    3. caste
    4. sex
    5. Place of Birth
  • no citizen shall be subjected to any disability, liability, restriction or condition on grounds only of
    
    1. religion
    2. race
    3. caste
    4. sex
    5. Place of Birth

wrt access to shops, restaurants, hotels, public entertainment, use of wells, tanks, ghats, roads or places of public resort maintained wholly or partly by State funds or dedicated to the use of general public

• Second Provision prohibits discrimination both by the State and private individuals, while the first provision prohibits discrimination only by the State
• exceptions

Question 15

Exceptions to Art 15?

Answer 15

1. state is permitted to make any special provision for women and
   children eg. free education of children
2. permitted to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the
   scheduled castes and scheduled tribes
3. empowered to ———–”——————- regarding their admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions. (93rd CAA 2005)

Question 16

T/F: Reservations for backward classes are an exception to Art 15.

Answer 16

F

Despite the previous f/c, SC , in Jan 2022, while uphelding the 27% quota for OBCs in All India Quota seats for NEET, reiterated that reservations for backward classes were not an exception but an extension of the principle of equality under Article 15(1) of the Constitution.

• This is seen as a positive discrimination in the Indian Context.

Question 17

Art 16?

Answer 17

• equality of opportunity for all citizens in matters of employment or appointment to any office under the State
• no discrimination for employmnt or office under the state on grounds only of
  
  • religion
  • race
  • caste
  • sex
  • descent
  • place of birth
  • place of residence
• Three exceptions

Question 18

Three exceptions to art 16?

Answer 18

• Parliament can prescribe residence as a condition for certain employment
  or appointment in a state or union territory or local authority or other
  authority; currently only Telangana and andhraP
• State can provide for reservation of appointments or posts in favour
  of any backward class that is not adequately represented
• A law can provide that the incumbent of an office related to religious or
  denominational institution or a member of its governing body should
  belong to the particular religion or denomination.

Question 19

Art 17?

Answer 19

• abolishes ‘untouchability’ and forbids its practice in any form
• Untouchability (Offences) Act 1955—-> amended in 1976 as Protection of Civil rights act 1955.
• PoCR 1955 defines civil right as any right accruing to a person by reason of the abolition of untouchability by Article 17
• term ‘untouchability’ has not been defined either in the Constitution or in the Act
  
  • Mysore HC: not its literal or grammatical sense bt the ‘ practice as it had developed historically in he country’
  • It refers to the social disabilities imposed on certain classes of persons by reason of their birth in certain castes. Hence, it does not cover social boycott of a few individuals or their exclusion from religious services, etc.
• Under PoCA, A person convicted of the offence of ‘untouchability’ is disqualified for election to the Parliament or SL.
• SC: right under Article 17 is available against private individuals and it is the constitutional obligation of the State to take necessary action to ensure that this right is not violated

Question 20

Art 18?

Answer 20

• Four Provisions:
  
  • Titles:
    
    1. CONFERRING: Indian state cannot confer any title (except a military or academic distinction) on any body, citizen or a foreigner
    • ACCEPTING frm foreign state:
      
      1. Indian citizen: cannot
      2. foreigner: if holding any office of profit or trust under the state, needs consent of Prez
  1. Present, Emoluments or Office: For both an Indian citizen or a foreigner holding any office of profit or trust under the state, needs consent of Prez.
• 1996: SC upheld validity of national awards-as the are not hereditary titles of nobility and do not amount to titles.

Question 21

National awards instituted in? revived in?

Answer 21

• 1954
• discontinued in 1977; revived in 1980

Question 22

Art 19?

Answer 22

1. Freedom of speech and expression
2. assemble peacefully
3. form associations or unions or cooperative societies (97th CAA,2011)
4. move freely
5. reside and settle
6. practice any profession, occupation, trade or business

• These six rights are protected against only state action and not private
  individuals.
• available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations
• ‘reasonable’ restrictions only on the grounds mentioned in the Article 19 itself

Question 23

Art 19: freedom of speech and expression: includes?

Answer 23

• propagate own or others’ views
• freedom of press
• commercial ad
• against tapping of phone
• RT telecast i.e Govt has no monopoly on e-media
• against bundh called
• RT know abt govt activities
• Freedom of Silence
• against imposition of pre-censorship on a newspaper
• RT demonstrate or picket bt not RT strike​

Question 24

Art 19: freedom of speech and expression: reasonable restrictions?

Answer 24

1. soverignty and integrity of India
2. security of state
3. friendly foreign relations
4. public order
5. decency or morality
6. contempt of court
7. defamation
8. incitement to an offence

Question 25

Art 19: Freedom of Assembly?

Answer 25

• includes the right to hold public meetings, demonstrations and take out processions
• can be exercised only on public land and the assembly must be peaceful and unarmed
• does not include the right to strike.

Question 26

Art 19: Freedom of Assembly: reasonable restrictions?

Answer 26

1. Sovereignty and integrity of India
2. Public order incl maintenance of traffic in the area concerned
   
   • Sec 144 of CrPC
   • Sec 141 of IPC: an assembly of 5 or more persons become unlawful if the object is to
     
     • resist the execution of any law or legal process;
     • to forcibly occupy the property of some person;
     • to commit any mischief or criminal trespass;
     • to force some person to do an illegal act; and
     • to threaten the government or its officials on exercising
       lawful powers

Question 27

Art 19: Freedom of Association: reasonable restrictions?

Answer 27

• sovereignty and integrity of India,
• public order and
• morality

ALSO, right to obtain recognition of the association is not a fundamental right. SC held that the trade unions have no guaranteed right to effective bargaining or right to strike or right to declare a lock-out. The right to strike can be controlled by an appropriate industrial law.

Question 28

Art 19: freedom of Movement?

Answer 28

• This right underline the idea that India is one unit so far as the citizens are concerned. Thus, the purpose is to promote national feeling and not parochialism.
• freedom of Movement has two dimensions:
  
  • internal: art 19
  • external: Art 21

Question 29

Art 19: freedom of Movement: reasonable restrictions?

Answer 29

• interests of general public and
• the protection of interests of any scheduled tribe
• morality and public health: SC held that the freedom of movement of prostitutes can be restricted on the ground of public health and in the interest of public morals.

Question 30

Art 19: freedom of residence?

Answer 30

• two parts:
  
  • right to reside: stay temporarily
  • right to settle: set up a hime or domicile
• right is intended to remove internal barriers within the country or between any of its parts. This promotes nationalism and avoids narrow mindedness.
• right to residence and the right to movement are overlapping and complementary.

Question 31

Art 19: freedom of residence: reasonable restrictions?

Answer 31

• interest of general public and
• the protection of interests of any scheduled tribes
• Supreme Court held that certain areas can be banned for certain kinds
  of persons like prostitutes and habitual offenders

Question 32

Art 19: freedom of profession?

Answer 32

• This right is very wide as it covers all the means of earning one’s livelihood.
• State is empowered to:
  
  • prescribe professional or technical qualifications necessary
  • carry on by itself any trade, business; no objection can be made when the State carries on a trade either as a monopoly or in competition with any citizen
• This right does not include the right to carry on a profession or business or
  trade or occupation that is immoral (trafficking in women or children) or
  dangerous (harmful drugs or explosives, etc,). The State can absolutely
  prohibit these or regulate them through licencing.

Question 33

Art 19: freedom of profession: reasonable restriction?

Answer 33

• interest of the general public

Question 34

Internet access as FR?

Answer 34

1. SC, in Kashmir petitions declared Right to Internet as FR under Art 19: Freedom of expression as well as right to conduct commerce.
2. Kerala HC has also declared Internet as FR as part of FR to education as well as the right to privacy under Article 21 of the Constitution.
3. UN, in 2016, made a series of statements collectively describing that internet access as a basic human right.

Question 35

Art 20?

Answer 35

• citizen or foreigner or legal person
• three provisions
  
  • no ex-post facto law:
    
    • this limitation is imposed only on criminal laws and not on civil laws or tax laws
    • prohibits only conviction or sentence under an ex-post-facto criminal law and not the trial thereof
    • protection (immunity) under this provision cannot be claimed in case of preventive detention or demanding security from a person
  • no double-jeopardy: available only in proceedings before a court of law or a judicial tribunal.
  • no self-incrimination: extends only to criminal proceedings and not to civil proceedings

Question 36

Art 21?

Answer 36

• no person shall be deprived of his life or personal liberty except according to procedure established by law
• both citizens and non-citizens
• Gopalan case:
  
  • SC narrow view of ‘procedure established by law’ as different frm ‘due process of law’- only against arbitrary executive action ant NOT frm arbitrary leg action
  • SC held that the ‘personal liberty’ means only liberty relating to the person or body of the individual
• maneka gandhi case (1978): wider interpretation
  
  • law should be reasonable, fair and just
  • the ‘right to life’ as embodied in Article 21 is not merely confined to animal existence or survival but it includes within its ambit the
    right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living.

Question 37

Rights within Art 21?

Answer 37

• free education upto 14yrs
• RT electricity
• Right to health
• Right to social security and protection of the family
• appropriate life insurance policy
• emergeny medical aid
• RT sleep
• timely medical treatment in Govt hospital
• travel abroad
• not to be driven out of a state
• RT hearing
• Free legal aid
• fair trial
• against solitary confinement
• speedy trial
• against handcuffing
• against inhumane treatment
• against delayed execution
• against bonded labour
• against custodial harassment
• Right of prisoner to have necessities of life
• against public hanging
• appeal frm a judgement of conviction
• against bar fetters
• RT information
• RT reputation
• RT live with human dignity
• Right of women to be treated with decency and dignity.
• RT social and economic justice and empowerment
• freedom frm noise pollution
  *

Question 38

Art 21A?

Answer 38

• free and compulsory edu to all 6-14 yrs children
• 86th CAA
• earlier under DSP Art 45, bt by this amendment, this DSP’s aim was changed to children under 6yrs age.
• RtE (upto 14yrs) was recognised as FR under Art 21, by SC in 1993
• RTE Act 2009

Question 39

Art 22?

Answer 39

• grants protection to persons who are arrested or detained
• two parts-
  
  • dealing with punitive detention
  • dealing with preventive detention

Question 40

Art 22: Punitive detention: rights granted? Exception?

Answer 40

(i) Right to be informed of the grounds of arrest.
(ii) Right to consult and be defended by a legal practitioner.
(iii) Right to be produced before a magistrate within 24 hours, excluding
the journey time.
(iv) Right to be released after 24 hours unless the magistrate authorises
further detention.

• apply only to an act of a criminal or quasi-criminal nature or some
  activity prejudicial to public interest
• Not applicable to
  
  • enemy alien.
  • arrest under the orders of a court,
  • civil arrest,
  • arrest on failure to pay the income tax, and
  • deportation of an alien.

Question 41

Art 22: Preventive detention: Provisions??

Answer 41

• rights granted
  (i) The detention of a person cannot exceed three months unless an advisory board reports sufficient cause for extended detention. The board is to consist of judges of a high court.

(ii) The grounds of detention should be communicated to the detenu. However, the facts considered to be against the public interest need not be disclosed.
(iii) The detenu should be afforded an opportunity to make a representation against the detention order.

• authorises the Parliament to prescribe:
  
  • cases for which detention for >3months without advisory board’s opinion
  • max period for which can be detained
  • procedure to be followed by the advisory board
• 44th CAA: 3mo->2mo bt NOT yet Brought into force
• Parliament- EXCLUSIVE authority to make laws for preventive detention for defence, foreign affairs and the secu-rity of INdia .
• For matters related to security of a state, the maintenance of public order and the maintenance of supplies and services essential to the community, both Parliament and SLA

Question 42

3 examples of Preventive detention laws made by Parliament?

Answer 42

• National Security Act (NSA), 1980
• Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act (PBMSECA), 1980.
• Prevention of Terrorism Act (POTA), 2002. Repealed in 2004.

Question 43

preventive detention in pre-Independence India?

Answer 43

existed even during the British rule. For example, the Bengal State Prisoners Regulation of 1818 and the Defence of India Act of 1939 provided for preventive detention

Question 44

Art 23?

Answer 44

• prohibits traffic in human beings (including devdasis and slavery), begar and othr forms of forced labor (like bonded labor).
• both citizens and non-citizens
• protects the individual not only against the State but also against private persons.
• Parliament has made the Immoral Traffic (Prevention) Act,1956.
• ‘Forced’ also means compulsion under economic circumstances i.e. working for less than minimum wage
• acts:
  
  • Bonded Labour System (Abolition) Act, 1976;
  • the Minimum Wages Act, 1948;
  • the Contract Labour Act, 1970 and
  • the Equal Remuneration Act, 1976
• EXCEPTIONS: State can impose compuslory service for public purpose like military or social service, for which it isn’t bound to pay.

Question 45

Art 24?

Answer 45

• prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities BUT NOT in any harmless or innocent work.
• Child Labor (Prohibition and Regulation) act 1986, Factories Act 1948, Mines Act 1952 etc.
• 1996: SC directed estab of Child Labour Rehabilitation Welfare Fund
• Commissions for Protection of Child Rights Act, 2005->
  
  • National Commission and State Commissions for Protection of Child Rights and
  • Children’s Courts for providing speedy trial of offences against children
• 2006: govt banned emplyment of children (<14yrs) as domstic servants in hotels, dhabas, shops etc.

Question 46

Which of the following functions were performed by the Constituent Assembly?

1. It passed certain statutes as a legislative assembly
2. It ratified India’s membership of the Commonwealth
3. It abolished the office of the Secretary of State of India and transferred his functions to the President of India.

Answer 46

1,2

The Indian Independence Act 1947 abolished the office of Secretary of State of India and transferred his functions to the Secretary of State for Commonwealth Affairs.

Question 47

With reference to loss of citizenship under the Citizenship act, 1955, consider the following statements:

1. If a person renounces his Indian citizenship, their minor children also loses their citizenship.
2. The application for renunciation or termination of citizenship can be withheld if India is engaged in war.

Which of the statements given above is/are correct?

Answer 47

Both True

• Statement 1: When a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship.

Question 48

Which among the following is/are the element(s) of a State?

1. Population
2. Territory
3. Government
4. Sovereignty

Select the correct answer

Answer 48

• 1,2,3,4

1. Population: The State is a human institution. It is the people who make a State. Antarctica is not a State as is it is without any human population.
2. Territory: Just as every person belongs to a state, so does every square yard of earth. There is no state without a fixed territory. Living together on a common land binds people together.
3. Government: The purpose for which people live together cannot be realized unless they are properly organized and accept certain rules of conduct. The agency created to enforce rules of conduct and ensure obedience is called government. It is through this medium that common policies are determined, common affairs regulated and common interests promoted. Without a government, the people will lack cohesion and means of collective action.
4. Sovereignty: A people inhabiting a definite portion of territory and having a government do not constitute a state so long as they do not possess sovereignty. India before 15 August 1947 had all the other elements of the state but it lacked sovereignty and therefore it was not a State. Sovereignty is the supreme power by which the state commands and exerts political obedience from its people.

Question 49

Consider the following statements with regard to Fundamental Duties:

1. The framers of the Indian constitution incorporated Fundamental duties with a purpose to create a feeling of nationalism among the citizens.
2. The parliament by passing a bill with simple majority can change the provisions in Fundamental duties.

Which of the statements given above is/are correct?

Answer 49

• Neither 1 nor 2
• Statement 1 is incorrect. The original constitution did not have fundamental duties. These duties are incorporated in 1976 after the 42nd amendment.
  Statement 2 is incorrect. Any changes in the Fundamental duties require amendment of the constitution.

Question 50

Preamble declares India as sovereign. What does this imply?

1. There is no authority above India and is free to conduct its own affair.
2. India can acquire a foreign territory or it can cede a part of its territory in favor of a foreign state.

Select the correct answer(s)?

Answer 50

Both are correct

Question 51

Which among the following constitutional provision form the basis of India being a welfare state?

1. Preamble 2. Fundamental Rights 3. Directive Principles of State Policy 4. Fundamental Duties

Answer 51

1,2,3

Question 52

On which of the following grounds, the constitutional validity of a legislative enactment or an executive order can be challenged in the Supreme Court? 1. When it infringes the Fundamental Rights. 2. When it is outside the competence of the authority which has framed it. 3. When it is repugnant to the constitutional provisions.

Answer 52

All

Question 53

Child Labour Amendment (2016)?

Answer 53

• amended the Child Labour (Prohibition and Regulation) Act, 1986 ——————-> Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
• prohibits the employment of children below 14 years in all occupations and processes.
• Further, the Amendment Act prohibits the employment of adolescents (14
  to 18 years of age) in certain hazardous occupations and processes.
• more stringent punishment

Question 54

Art 25?

Answer 54

• Freedom of conscience: Inner freedom of an individual
• Right to profess: Declaration of one’s religious beliefs and faith openly
• Right to practice: Performance of religious worship, rituals, ceremonies
  and exhibition
• Right to propagate
• But, it does not include a right to convert another person to one’s own religion. Forcible conversions impinge on the ‘freedom of conscience’ guaranteed to all the persons alike.
• citizens as well as non-citizens.
• Qualifications:
  
  • HOWEVER, subject to public order, morality, health and other provisions relating to fundamental rights
  • State can regulate or restrict any economic, financial, political or other secular activity associated with religious practice
  • 2 explanantions: kirpans; Hindus includes Sikhs, Jains and Buddhists (in the context that state can throw open Hindu insti of a public character to all classes.)

Question 55

Freedom of Religion and Attire (a constitutional perspective on recent Hijab row in KN)?

Answer 55

whether educational institutions can impose a strict dress code that could interfere with rights of students

1. Art 25(1) is a right that guarantees a negative liberty — which means that the state shall ensure that there is no interference or obstacle to exercise this freedom.
2. However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.
3. Over the years, the Supreme Court has evolved a practical test of sorts to determine what religious practices can be constitutionally protected and what can be ignored. In 1954, the Supreme Court held in the Shirur Mutt case that the term “religion” will cover all rituals and practices “integral” to a religion. The test to determine what is integral is termed the “essential religious practices” test.
4. the test, a judicial determination of religious practices, has often been criticised by legal experts as it pushes the court to delve into theological spaces. In criticism of the test, scholars agree that it is better for the court to prohibit religious practices for public order rather than determine what is so essential to a religion that it needs to be protected.
5. In several instances, the court has applied the test to keep certain practices out.
   
   1. In a 2004 ruling, the Supreme Court held that the Ananda Marga sect had no fundamental right to perform Tandava dance in public streets, since it did not constitute an essential religious practice of the sect.
   2. in 2016, a three-judge Bench of the Supreme Court upheld the discharge of a Muslim airman from the Indian Air Force for keeping a beard. The judges distinguished the case of a Muslim airman from that of Sikhs who are allowed to keep a beard. The court essentially held that keeping a beard was not an essential part of Islamic practices. However this assessment was not made by examinig religious practices but based on a remark by a senior Muslim advocate., who indicated that there are varying interpretations on the issue in Islam.
6. As far as Hijab is considered,
   
   1. In Amna Bint Basheer v Central Board of Secondary Education (2016), the Kerala HC held that the practice of wearing a hijab constitutes an essential religious practice.
   2. in Fathima Tasneem v State of Kerala (2018). A single Bench of the Kerala HC held that collective rights of an institution would be given primacy over individual rights of the petitioner. However, the school in this case was minority school (Catholic) while the school at the centre of the row in KN is a govt edu institution.
   3. Bombay HC in In Fathema Hussain Sayed v Bharat Education Society case, 2003 also ruled in favour of the education institution prohibiting hijab. But this institution was an all girls’ institution.
7. Arguments of petitioners
   
   1. petitioners have argued that wearing a hijab is an expression protected under Article 19(1)(a). The petitioners have argued that a student silently wearing a hijab/headscarf and attending class cannot in any manner be said to be a practice that disturbs “public order” and is only a profession of their faith, thus an order banning it cannot seek refuge under reasonable restrictions clause of Art 19.
   2. The petitioners have also argued that the ban on headscarves violates the fundamental right to equality since other religious markers, such as a turban worn by a Sikh, are not explicitly prohibited.
   3. They also argued that the rules prescribed wearing of a dupatta for women and the state cannot dictate the manner of wearing that dupatta if a student wishes to cover her head with it.

Question 56

Art 26?

Answer 56

• Rights of religious Denominations:
  
  • Right to establish and maintain institu-tions for religious and charitable purposes
  • Right to manage its own affairs in matters of religion
  • Right to own and acquire movable and immovable property
  • Right to administer such property in accordance with law
• Article 25 guarantees rights of individuals, while Article 26 guarantees
  rights of religious denominations or their sections
• subject to public order, morality and health but not subject to other provisions relating to the Fundamental Rights.
• Supreme Court held that a religious denomination must satisfy three conditions.

Question 57

Supreme Court held that a religious denomination must satisfy three conditions. What are they?

Answer 57

1. should be a collection of individuals who have a system of beliefs
   (doctrines) which they regard as conducive to their spiritual well-being;
2. should have a common organisation
3. should be designated by a distinctive name

Supreme Court held that the ‘Ramakrishna Mission’ and ‘Ananda Marga’ are religious denominations within the Hindu religion. It also held that Aurobindo Society is not a religious denomination

Question 58

Art 27?

Answer 58

• no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination
• In other words, the State should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion
• prohibits the State from favouring, patronising and supporting one religion over the other. This means that the taxes can be used for the promotion or maintenance of all religions
• prohibits only levy of a tax and not a fee

Question 59

Art 28?

Answer 59

• Freedom from Attending Religious Instruction
• four types of educational institutions:
  
  1. Institutions wholly maintained by the State.
  2. Institutions administered by the State but established under any endowment or trust.
  3. Institutions recognised by the State.
  4. Institutions receiving aid from the State.
  • In 1, religious instruction is completely prohibited while in 2, religious instruction is permitted; in 3 and 4, religious instruction is permitted on a voluntary basis.

Question 60

Art 29?

Answer 60

• Two provisions:
  
  • any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same
  • no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, or language.
• Article 29 grants protection to both religious minorities as well as
  linguistic minorities.
• However, the SC held that the scope of this article is not necessarily restricted to minorities only because of the use of words ‘section of citizens’ in the Article that include minorities as well as majority.

Question 61

Art 30?

Answer 61

• Right of Minorities to Establish and Administer Educational Institutions
  
  • All minorities shall have the right to establish and administer educational institutions of their choice. Minority Edu insti are of 3 types:
    
    • institutions that seek recognition as well as aid from the State: these are subject to regulatory powers of state wrt syllabus, academics, discipline, teaching employment etc.
    • institutions that seek only recognition NOT aid from the State: these are also subject to regulatory powers of state wrt syllabus, academics, discipline, teaching employment etc.
    • institutions that neither seek recognition nor aid from the State: free to administer their affairs but subject to operation of general laws like contract law, labour law, industrial law etc.
  • compensation amount fixed by the State for the compulsory
    acquisition of any property of a minority educational institution shall not restrict or abrogate the right guaranteed to them (44th CAA; to counter deletion of property rights as FR)
  • In granting aid, the State shall not discriminate against any educational institution managed by a minority.
  • right under Article 30 also includes the right of a minority to impart
    education to its children in its own language.
• protection under Article 30 is confined only to minorities (religious or linguistic)
• However, the term ‘minority’ has not been defined anywhere in the Constitution

Question 62

SC’s summarization wrt Art 30?

Answer 62

• Case: Secy of malankara Syrian catholic College case 2007
• rights of minorities wrt educational insti are
  
  • To choose its governing body in whom the founders of the institution
    have faith and confidence
  • To appoint teaching staff as also non-teaching staff
  • To admit eligible students of their choice and to set up a reasonable
    fee structure
• right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position. general laws of the land relating to national interest, national security, social welfare, public order, morality, health, sanitation, taxation etc., applicable to all
• right to establish and administer educational institutions is not absolute. Nor does it include the right to maladminister. There can be regulatory measures like laying down eligibility criteria and qualifications
• Extention of aid by the State, does not alter the nature and character of the minority educational institutions. The conditions can be imposed by the State to ensure proper utilization of the aid, without however diluting or abridging the right under Article 30(1)

Question 63

Art 32?

Answer 63

• ambedkar called it the ‘soul and heart of the constitution’
• basic feature
• writs
• Parliament can empower any other court to issue directions, orders and
  writs of all kinds. However, without prejudice to the above powers conferred on the Supreme Court. Any other court here does not include high courts
• President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency (Art 359)
• SC’s ‘original’ and ‘wide’(power is not restricted to issuing of orders
  or directions but also writs of all kinds) but ‘not exclusive’ powers.
• Article 32 cannot be invoked simply to determine the constitutionality
  of an executive order or a legislation unless it directly infringes any of the FRs.

Question 64

WRITS?

Answer 64

• Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue the writs
• borrowed from English law

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto

Question 65

Habeas Corpus?

Answer 65

• can be issued against both public authorities as well as private individuals.
• Not issued if
  
  • detention is lawful,
  • the proceeding is for contempt of a legislature or a court,
  • detention is by a competent court, and
  • detention is outside the jurisdiction of the court

Question 66

Mandamus?

Answer 66

• means ‘we command’
• to a public official asking him to perform his official duties that he has failed or refused to perform
• can also be issued against any public body, a corporation, an inferior court, a tribunal or government
• NOT
  
  • against a pvt individual or body
  • to enforce deptt instr without statutory backing
  • when duty is discretionary
  • to enforce a Contractual obligation
  • against President or state Guv
  • against CJ of a HC acting in judcial capacity

Question 67

Prohibition?

Answer 67

• issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess
• can be issued only against judicial and quasijudicial authorities.
• It is not available against administrative authorities, legislative bodies, and private individuals or bodies.

Question 68

Certiorari?

Answer 68

• means ‘to be certified’ or ‘to be informed’
• issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case (Thus preventive as well as curative)
• issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law
• available against judicial, quasi-judicial as well as administrative authorities (admin added in 1991 by SC) bt nt aginst legislative or pvt individuals or bodies

Question 69

quo warranto?

Answer 69

• issued by the court to enquire into the legality of claim of a person to a public office
• can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office.
• Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person

Question 70

Which article deals with FR wrt armed forces?

Answer 70

Art 33

Question 71

Art 33?

Answer 71

• ONLY Parliament can restrict or abrogate FR for membrs of armed forces, para-military, police, intelligence agencies and analogous forces.
• any such law cannot be challenged in any court on the grounds that it violates FR
• Army Act,1950; Navy Act, 1950; Air force Act,1950 etc. impose restrictions on freedom of speech, RT form associations, right to communicate with press etc.
• also covers secular employees
• can also exclude court martials frm writ juris of SC and HCs wrt FR.

Question 72

What is martial law?

Answer 72

ML imply the suspension of ordinary law and the government by military
tribunals. civil administration is run by the military authorities
according to their own rules and regulations framed outside the ordinary law.

Question 73

Martial law vs National Emergency?

Answer 73

• FR:
  
  • ML affects only FR
  • NE affects nt only FR bt also C-S relations, distri of revenues and legislative power share
• courts
  
  • ML suspends govt and ordinary law courts
  • govt and ordinary law courts continue
• ground for imposition
  
  • ML: breakdow of law and order
  • NE: war, external aggression and armed rebellion
• area covered
  
  • ML: specific area
  • specific area or the whole country
• Consti
  
  • ML: no specific provision in Consti. It is IMPLICIT
  • specific and detailed provision in consti.

Question 74

Which art deals with FR in martial law?

Answer 74

Art 34

Question 75

Art 34?

Answer 75

• restriction on FR while ML in force in any area
• empowers Parliament to indemnify any govt servant or any other person for any act done by him for maintenance or restoration of order in any area where ML is in force and that cannot be chllenged due to FR
• Parliament can also validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area
• Concept frm English bt nowhere defined in Consti
• SC held that declaration of ML doesn’t ipsi facto result in suspension of Habeas corpus

Question 76

Art 35?

Answer 76

• power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures (even if some of these matters may fall under State list) to ensure uniformity thorughout India

1. Parliament shall hv power to make laws wrt
   
   • art 16: prescribing residence as a condition
   • art 32: empowering any othr court to issue writs
   • art 33: restricting or abrogating FR for armed forces
   • art 34: indemnifying
2. Parliament shall make laws for punishing offenses under FR like Untouchability (Art 17) and Human Trafficking (Art 23)

Question 77

Right to property?

Answer 77

• originally FR-
  
  • Art 19(1)(f) and
  • Art 31: right aginst deprivation of his property; State can acquire on 2 conditions i.e. for Public purpose AND after payment of compensation
• led to a number of Constitutional amendments, that is, 1st, 4th, 7th, 25th, 39th, 40th and 42nd Amendments
• Through these amendments, Articles 31A, 31B and 31C have been added and modified
• Finally 44th CAA abolished RT Property as a FR by reepealing Art 19(a)(f) and Art 31 and instead inserted Art 300A in Part XII

Question 78

Implications of RT Property as a legal (or a constitutional)right rather than a FR?

Answer 78

• can be regulated ie, curtailed, abridged or modified without constitutional amend-ment by an ordinary law of the Parliament
• protects private property against executive action but not against legislative action
• In case of violation, the aggrieved person cannot directly move the SC
• No guaranteed right to compensation in case of acquisition or requisition
  of the private property by the state

Question 79

Though the FR to Property under Part III has been
abolished, the Part III still carries two provisions which provide for the
guaranteed right to compensation in case of acquisition or requisition of the
private property by the state. What are they?

Answer 79

• When the State acquires the property of a minority educational institution
  (Article 30) (added by 44th CAA)
• When the State acquires the land held by a person under his personal
  cultivation and the land is within the statutory ceiling limits (Article 31A) (17th CAA).

Question 80

Exceptions to FR?

Answer 80

1. Art 31A
2. Art 31B
3. Art 31C

Question 81

Exceptions to FR: Art 31A?

Answer 81

• saves five categories of laws from being challenged and invalidated on the ground of contravention of FR under Art 14 and 19:
  
  • acquisition of estates and related rights by state: also provides for the payment of compensation at market value when the state acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limit.
  • taking over management of properties by the state
  • amalgamation of corporations
  • extinguishment or modification of rights of directors or shareholders of corporations
  • extinguishment or modification of mining leases

Question 82

Art 31B?

Answer 82

• saves the acts and regulations included in the 9th schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights
• I.R. Coelho case, 2007: SC ruled that there cannot be any blanket immunity frm JR and law put in 9th schedule after SC’s intro of concept of Basic structure can be subjected to JR if they violated FR guaranteed under Art 14,15,19 and 21 (i.e. Basic str of consti)
• no. of acts and regulations in 9th sched: 282

Question 83

Art 31C?

Answer 83

• inserted by 25th CAA
• immunity to laws that seeks to implement socialistic DSP of Art 39(b) and (c) frm FR under art 14 and 19.
• Also had a second provision that stated that “No law containing a declaration that it is for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy”, bt this was struck down by Sc in Keshavanand Bharati case
• 42nd CAA also sought to increase the scope of first provision to all DSPs bt this was again struck down by SC in Minerva Mills case.

Question 84

Criticisms of FR?

Answer 84

• subjected to innumerable exceptions, restrictions, qualifications and
  explanations
• mainly political rights and lacks social and economic rights like right to work, right to rest etc.
• vague: words like ‘minority’, ‘public order’ not defined plus complicated language used
• no sacrosatnct;’basic str’ only limitation
• suspension during Emergency
• judiciary-> expensive remedy
• preventive detention takes away the spirit and substance of the chapter on fundamental rights
• no consistent philossophy: as viewed by Sir Ivor Jennings

Question 85

Which article gives right of adult suffrage?

Answer 85

Art 326

Question 86

Regulating act, 1773?

Answer 86

• first step taken by British govt to control and regulate affairs of EIC in INdia, requiring Court of Dirctors to report on its revenue, civil and military affairs in India. (Thus, for the first time, the British cabinet was given the right to exercise control over Indian affairs.)
• Guv of Bengal-> Guv General of Bengal: Lord Warren Hastings
• Executive council- 4 membered
• Guvs of Bombay and Madras subordinate
• SC at Calcutta
• prohibited pvt trade or bribes by comopany officials

Question 87

1781 amendment?

Answer 87

The SC established under 1773 act had original and appellate jurisdictions where all
subjects could seek redressal. In practice, however, the
Supreme Court had a debatable jurisdiction vis-a-vis the council which created various problems. With the amendment, The jurisdiction of the Supreme Court was defined—within Calcutta, it was to administer the
personal law of the defendant.

Question 88

Pitt’s india act 1784?

Answer 88

• distinguished between the commercial and political functions of the
  Company
• Company’s territories in India were for the first time called the ‘British possessions in India’ and gave the British govt supreme control over Company’s affairs and its admin in India
• created a new body, Board of Control, to manage political, civil and military affairs while Court of Directors shall see to commercial affairs. BoC consisted of chancellor of exchequer, a secretary of state, and four members of the Privy Council (to be appointed by the Crown)
• In INdia, the guv Gen was to have a council of 3, ncluding the commander of Chief, and the presidencies of Bombay and Madras were made subordinate to Guv Gen
• A general prohibition was placed on aggressive wars
  and treaties (breached often).

Question 89

Charter Act of 1813?

Answer 89

In England, the business interests were pressing for an end to the Company’s monopoly over trade in India because of a spirit of laissez-faire and the continental system by Napoleon by which the European ports were closed for Britain. The 1813 Act sought to redress these grievances

● The Company’s monopoly over trade in India ended,
but the Company retained the trade with China and the trade
in tea.
● The Company was to retain the possession of
territories and the revenue for 20 years more, without
prejudice to the sovereignty of the Crown. (Thus, the
constitutional position of the British territories in India was
defined explicitly for the first time.)
● A sum of one lakh rupees was to be set aside for
the revival, promotion, and encouragement of literature,
learning, and science among the natives of India, every year.
(This was an important statement from the point of State’s responsibility for education.)
● The regulations made by the Councils of Madras,
Bombay, and Calcutta were now required to be laid before
the British Parliament. The constitutional position of the
British territories in India was thus explicitly defined for the
first time.
● Separate accounts were to be kept regarding
commercial transactions and territorial revenues. The power
of superintendence and direction of the Board of Control was
not only defined but also enlarged considerably.
● Christian missionaries were also permitted to come
to India and preach their religion.

Question 90

Charter Act of 1833?

Answer 90

1. Guv Gen of bengal-> Guv Gen of INdia and was given all civil and military powers. Thus, act created, for the first time, a Government of India having authority over the entire territorial area possessed by the British in India. A law member was added to the governor general’s
   council for professional advice on law-making.
2. deprived the governor of Bombay and Madras of their legislative
   powers. The Governor-General of India was given exclusive legislative
   powers for the entire British India
3. ended the activities of the East India Company as a commercial body,
   which became a purely administrative body. Territories of India were to be governed in the
   name of the Crown. Lease of the company was further extended by 20 yrs.
4. attempted to introduce a system of open competition for selection of civil servants, and stated that the Indians should not be debarred
5. way was paved for the wholesale European colonisation of India.
   
   1. All restrictions on European immigration and the acquisition of property in India were lifted
   2. Company’s monopoly over trade with China and in tea also ended.
6. Indian laws were to be codified and consolidated
7. No Indian citizen was to be denied employment under the Company on the basis of religion, colour, birth, descent,
   etc. (Although the reality was different, this declaration
   formed the sheet-anchor of political agitation in India.).
8. The administration was urged to take steps to
   ameliorate the conditions of slaves and to ultimately abolish
   slavery. (Slavery was abolished in 1843.)

Question 91

Charter Act of 1853

Answer 91

1. separated, for the first time, the legislative and executive functions of
   the Governor-General’s council; with the addition of 6 new members for legislative purpose, established Indian (Central) Legislative council that functioned as a mini-Parliament. However, a law to be promulgated needed the assent of the governor general, and the governor general could veto any bill of the legislative council
2. The Company’s patronage over the services was
   dissolved—the services were now thrown open to a competitive
   examination.; Accordingly, the Macaulay Committee (the Committee on
   the Indian Civil Service) was appointed in 1854
3. introduced, for the first time, local representation in the Indian (Central)
   Legislative Council. Of the six new legislative members of the governor general’s council, four members were appointed by the local (provincial)
   governments of Madras, Bombay, Bengal and Agra.

Question 92

GoI Act 1858?

Answer 92

• mainly altered Governance inEngland and didn’t change much in india
• provided that India henceforth was to be governed by, and in the name
  of, Her Majesty.Guv-Gen changed to Viceroy of India, as the direct
  representative of the British Crown in India
• ended the system of double government by abolishing the Board of
  Control and Court of Directors.
• created a new office, Secretary of State for India, a member of the British cabinet and was responsible ultimately to the British Parliament.
• established a 15-member Council of India to assist the secretary of state
  for India, as a body corporate, capable of suing and being sued in India and in England.

Question 93

Indian councils Act of 1861?

Answer 93

1. a beginning of representative institutions by associating Indians
   with the law-making process. It thus provided that the viceroy should
   nominate some Indians as non-official members of his expanded legis council. the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
2. initiated the process of decentralisation by restoring the legislative
   powers to the Bombay and Madras Presidencies. This policy of
   legislative devolution resulted in the grant of almost complete internal
   autonomy to the provinces in 1937.
3. establishment of new legislative councils for Bengal, North-Western Frontier Province (NWFP) and Punjab
4. ‘portfolio’ system, though intro by Canning in 1859, recognised here
5. empowered the Viceroy to issue ordinances, without the concurrence of
   the legislative council, during an emergency. The life of such an
   ordinance was six months.

Question 94

Indian councils Act of 1892?

Answer 94

1. increased non-official members in both central and provincial legislative councils bt retained official majority
2. increased the functions of legislative councils and gave them the power
   of discussing the budget5 and addressing questions to the executive
3. limited and indirect provision for the use of election in filling up some of the non-official seats both in the Central and provincial legislative councils, though nt using the word ‘election’ and instead nomination to CLC on the recommendation of provincial LC and Bengal Chamber of Commerce and nomination to PLC on recommendation of district boards, municipalities etc.

Question 95

Indian Councils Act of 1909 (Morley-Minto reforms)?

Answer 95

1. considerably increased the size of the legislative councils, both Central
   and provincial. retained official majority in the Central Legislative Council but allowed the provincial legislative councils to have non-official majority
2. enlarged the deliberative functions of the legislative councils at both the
   levels like allowed to ask supplementary questions, move resolutions on the budget,
3. provided (for the first time) for the association of Indians with the
   executive Councils of the Viceroy and Governors. Satyendra Prasad
   Sinha became the first Indian to join the Viceroy’s Executive Council.
4. introduced a system of communal representation for Muslims by
   accepting the concept of ‘separate electorate’. Lord Minto came to be known as the Father of Communal Electorate.
5. separate representation of presidency corporations, chambers of commerce, universities and zamindars.

Question 96

GoI Act 1919 (Montagu-Chelmsford Reforms): Background and Provisions?

Answer 96

Background:

• Amidst 1st WW, On August 20, 1917, the British Government declared, for the first time, that its objective was the gradual introduction of responsible government in India

Provisions:

1. separating the central and provincial subjects for legislating. However, the structure of government continued to be centralised and unitary
2. DYARCHY: divided the provincial subjects into two parts—transferred and reserved
3. separated, for the first time, provincial budgets from the Central budget
   and authorised the provincial legislatures to enact their budgets.
4. Introduced Bicamerlaism and direct elections for the first time. Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were chosen by direct election.
5. granted franchise to a limited number of people on the basis of property, tax or education.
6. three of the six members of the Viceroy’s executive Council (other than the commander-in-chief) were to be Indian
7. extended the principle of communal representation by providing
   separate electorates for Sikhs, Indian Christians, Anglo-Indians and
   Europeans.
8. created a new office of the High Commissioner for India in London and
   transferred to him some of the functions hitherto performed by the
   Secretary of State
9. provided for the establishment of a public service commission. led to Central Public Service Commission was set up in 1926
10. provided for the appointment of a statutory commission to inquire into
    and report on its working after ten years of its coming into force.

Question 97

recommendations of Simon commission? After that?

Answer 97

1. abolition of dyarchy,
2. extension of responsible government in the provinces,
3. establishment of a federation of British India and princely states,
4. continuation of communal electorate

To consider the proposals of the commission, the British Government convened three round table conferences of the representatives of the British Government, British India and Indian princely states.

Question 98

Communal Award?

Answer 98

• Aug 1932, by British PM, Ramsay McDonald
• The award not only continued separate electorates for the Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans but also extended it to the depressed classes (scheduled castes)
• Poona Pact, retained the Hindu joint electorate and gave reserved seats to the depressed classes.

Question 99

GoI Act, 1935?

Answer 99

1. establishment of an All-India Federation consisting of provinces and princely states as units. However, the federation never came into being as
   the princely states did not join it.
2. division of powers: Federal, Provincial and concurrent list. residuary powers given to Viceroy
3. abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in their defined space
4. introduced bicameralism in six out of eleven provinces.
5. Act introduced responsible governments in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939.
6. adoption of dyarchy at the Centre: reserved and transferred subjects. However, this provision didn’t come into operation at all.
7. extended the principle of communal representation by providing
   separate electorates for depressed classes (scheduled castes), women and labour (workers).
8. abolished the Council of India, established by the Government of India
   Act of 1858. The secretary of state for India was provided with a team of
   advisors.
9. extended franchise. About 10 per cent of the total population got the
   voting right.
10. provided for the establishment of a Reserve Bank of India, a Federal PSC, a Provincial PSC, Joint PSC and a Federal Court.

Question 100

Indian Independence act, 1947?

Answer 100

1. ended the British rule in India and declared India as an independent and
   sovereign state from August 15,1947
2. provided for the partition of India and creation of two independent
   dominions of India and Pakistan with the right to secede from the British
   Commonwealth.
3. abolished the office of viceroy and provided, for each dominion, a
   governor-general, who was to be appointed by the British King on the
   advice of the dominion cabinet
4. empowered the Constituent Assemblies of the two dominions to frame
   and adopt any constitution for their respective nations and to repeal any
   act of the British Parliament, including the Independence act itself.
5. empowered the Constituent Assemblies of both the dominions to
   legislate for their respective territories
6. abolished the office of the secretary of state for India and transferred his
   functions to the secretary of state for Commonwealth Affairs
7. proclaimed the lapse of British paramountcy over the Indian princely
   states and treaty relations with tribal areas from August 15,1947.
8. provided for the governance of each of the dominions and the provinces
   by the Government of India Act of 1935, till the new Constitutions were
   framed. The dominions were however authorised to make modifications
   in the Act.
9. designated the Governor-General of India and the provincial governors
   as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters.
10. dropped the title of Emperor of India from the royal titles of the king of
    England.

Question 101

Constitutional Bodies?

Answer 101

1. EC
2. UPSC/SPSC
3. Finance Commission
4. NCSC/NCST
5. SO for Linguistic minorities
6. CAG
7. AG
8. Advocate General of te state

Question 102

EC: features?

Answer 102

• Art 324
• permanent and independent body
• power over election to Parliament, SL, President of India and VP
• All india body

Question 103

EC: composition?

Answer 103

• CEC + any no. of ECs as decided by president
  
  • 1950-Oct 1989: single member body
  • Oct 1989-Jan 1990: 3 ECs (voting age 21->18)
  • Jan 1990-Oct 1993: single member
  • after Oct 1993: 3 ECs
• The chief election commissioner and the two other election commissioners
  have equal powers and receive equal salary, allowances and other perquisites
• In case of difference of opinion amongst the Chief election commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.

Question 104

EC:

T/F: In case of difference of opinion amongst the Chief election commissioner and/or two other election commissioners, the matter is decided by the.CEC, as he is the first among equals.

Answer 104

F

by majority, even though CEC is the chairman

Question 105

EC: appointment?

Answer 105

by President

Question 106

EC: appointment process reforms?

Answer 106

• SC has recognised that “Election Commission is not only responsible for conducting free and fair elections but it also renders a quasi-judicial function between the various political parties including the ruling government and other parties. In such circumstances the executive cannot be a sole participant in the appointment of members of Election Commission as it gives unfettered discretion to the ruling party to choose someone whose loyalty to it is ensured and thereby renders the selection process vulnerable to manipulation.”
• Three Writ Petitions are urging the Supreme Court to declare that the current practice of appointment of ECs by the Centre violates Article 14, Article 324(2), and Democracy as a basic feature of the Constitution. These petitions argue for an independent system for appointment of ECs
• In 1975 itself, the Justice Tarkunde Committee recommended that ECs be appointed on the advice of a Committee comprising the Prime Minister, Lok Sabha Opposition Leader and the Chief Justice. This was reiterated by the Dinesh Goswami Committee in 1990 and the Law Commission in 2015.
• The 4th Report (2007) of the Second Administrative Reforms Commission additionally recommended that the Law Minister and the Deputy Chairman of the Rajya Sabha be included in such a Collegium.
• Art 324(2) contains a ‘subject to’ clause which provides that both the number and tenure of the ECs shall be “subject to provisions of any law made in that behalf by Parliament, be made by the President.” This ‘subject to’ clause was introduced, in the words of B.R. Ambedkar, to “prevent either a fool or knave or a person who is likely to be under the thumb of the Executive.” It was left to Parliament to enact legislation regarding the appointment of ECs. Apart from enacting a law in 1989 enlarging the number of ECs from one to three, Parliament has so far not enacted any changes to the appointment process.

Question 107

EC: regional commissioners?

Answer 107

• president may also appoint after consultation with the election
  commission such regional commissioners as he may consider necessary
  to assist the election commission.

Question 108

EC: conditions of service and tenure of office?

Answer 108

• for both EC members as well as regional commissioners, President determines.
• salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court
• hold office for a term of six years or until they attain the age of 65
  years

Question 109

EC: removal?

Answer 109

• CEC: He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity. Thus, he does not hold his office till the pleasure of the president, though he is appointed by him.
• Any other election commissioner or a regional commissioner cannot be
  removed from office except on the recommendation of the CEC. He doesn’t need to be impeached bt simply removed by President on the advice of CEC.

Question 110

T/F: EC members is appointed by President and hold their office till the pleasure of the President.

Answer 110

F

removal only on the grounds and in the manner of removal of a SC judge.

Question 111

EC: provisions for Independence?

Answer 111

• Security of tenure to CEC
• service conditions of CEC (not all the members of CEC) cannot be varied to his disadvantage after his appointment
• removal of any other EC member or regional commissioner requires recommendation of CEC

Question 112

EC: Issues in independence?

Answer 112

• Consti hasn’t prescribed any qualifications for members
• COnsti has not specified the term
• Consti hasn’t debarred retiring ECs frm any further appointment y Govt. They can be re-appointed to the same office as well.

Question 113

EC: challenges faced in effectiveness?

Answer 113

1. not adequately equipped to regulate the political parties. It has no power in enforcing inner-party democracy and regulation of party finances.
2. Independence from executive is being questioned. The meeting of CECs and PMO in 2021 was a bad look. Plus, Allegations of EVMs malfunctioning, getting hacked and not registering votes, corrodes the trust of the general masses in ECI.

Question 114

EC: powers and functions?

Answer 114

• Administrative
  
  1. area of constituencies otbo Delimitation Commission act
  2. electoral rolls and registration
  3. schedule of elections
  4. recognition to political parties and allot symbol
• Advisory
  
  1. advise President/Guv on disqualification of MPs/MLAs
  2. advise the president whether elections can be held in a state under
     president’s rule in order to extend the period of emergency after one year.
• Quasi-Judicial
  
  1. settling disputes of recognition to PPs or symbols allotted to them
  2. disputes related to electoral arrangements
  3. Code of Conduct

Question 115

EC: state level?

Answer 115

At state level, EC is assisted by Chief Electoral Officer. below this, Collector at district level acts as the returning officer for whole district, who appoints a returning officer for every constituency and a presiding officer for every polling booth.

Question 116

State Election Commission?

Answer 116

The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission.

It consists of a state election commissioner to be appointed by the governor.

His conditions of service and tenure of office shall also be determined by the governor.

He shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a judge of the state high court . A judge of a high court can be removed from his office by the president on the recommendation of the Parliament. This means that a state election commissioner cannot be removed by the governor, though appointed by him

His conditions of service shall not be varied to his disadvantage after his appointment.

The state legislature may make provision with respect to all matters relating to elections to the panchayats.

Question 117

T/F: State Election Commissioners work independently of the Election Commission of India

Answer 117

T

Question 118

Consider the following statements regarding state election commission.
1. The Governor appoints the state election commissioner and determines his conditions of service and tenure of office.
2. The state election commissioner can be removed only in the manner and on the grounds as a judge of a high court.
3. It is mandatory upon the State Election Commissions to adopt the Electoral rolls created by the Election Commission of India for the Legislative assembly polls.
Which of the above statements is/are correct?
a) 1 only
b) 1, 2
c) 1, 3
d) 1, 2, 3

Answer 118

B

The Governor appoints the state election commissioner and determines his conditions of service and tenure of office. However, the state election commissioner can be removed only in like manner and on the like grounds as a judge of a high court.

Question 119

Appointment of Chief electoral Officer at State level?

Answer 119

by CEC in consultation with state Govt.

Question 120

UPSC: part?

Answer 120

part XIV

Question 121

UPSC: composition? qualification?

Answer 121

• Constitution doesn’t specify the strength
• No. decided by president
• Usually, 9-11 members, including the chairman
• NO qualifications prescribed except that one-half of the members of the Commission should be such persons who have held office for at least ten years either under the GoI or under the government of a state.

Question 122

UPSC: appointment?

Answer 122

by President

Question 123

UPSC: conditions of service and tenure?

Answer 123

• Conditions of service decided by President
• chairman and members of the Commission hold office for a term of
  six years or until they attain the age of 65 years, whichever is earlier.

Question 124

UPSC: removal of members?

Answer 124

• can be removed by President in the manner as provided in the Constitution.
• NO Impeachment required bt grounds mentioned
  
  1. insolvent (bankrupt)
  2. paid employment outside , while in office
  3. If unfit to continue by reason of infirmity of mind or body, in the opinion of the Prez
  4. Misbehaviour:
     
     • In this case, Prez has to refer the matter to SC for enquiry, the advice rendered to be binding
     • Defn of ‘misbehaviour’: (a) interested in any contract or agreement by GoI or a SG or (b) participates in any way in the profit of such contract or agreement

Question 125

UPSC: President can appoint one of the members of the UPSC as an acting
chairman in the following two circumstances?

Answer 125

(a) When the office of the chairman falls vacant; or
(b) When the chairman is unable to perform his functions due to absence or
some other reason.

Question 126

UPSC: reappointment?

Answer 126

• Chairman: not eligible for further employment in the GoI or a state
• member of UPSC: eligible for appointment as chairman of UPSC or SPSC bt nt any other employment in GoI or a state
• Chairman or member of UPSC: nt eligible for re-appointment to the same office.

Question 127

UPSC: independence ensured by?

Answer 127

• security of tenure to both chairman and members
• conditions of service cannot be varied to his disadvantage after his appointment
• entire expenses incl salaries charged on CFI

Question 128

UPSC: functions?

T/F: jurisdiction can be extended by Parliament.

Answer 128

• exams for All-India services, central services (GrpA and Grp B) and Public services of UTs; selection by UPSC doesn’t confer any right to the post upon the candidate. Though, All such cases of non-acceptance must be approved by the Appointments Committee of the Union cabinet. An individual ministry or department has no power to reject the advice of the UPSC.
• any needs of a state on request of state guv and approval of Prez
• consulted on promotions, transfers and disciplinary matters
• consulted on Matters of temporary appointments for period exceeding one year and on regularisation of appointments.

T

Question 129

UPSC: matters that are kept outside the functional jurisdiction of the
UPSC?

T/F: Parliament can increase or decrease the jurisdiction of UPSc.

Answer 129

(a) While making reservations of appointments or posts in favour of any
backward class of citizens.
(b) While taking into consideration the claims of SCs/STs in making appointments to services and posts.
(c) With regard to the selections for chairmanship or membership of
commissions or tribunals, posts of the highest diplomatic nature and a bulk
of group C and group D services.
(d) With regard to the selection for temporary or officiating appointment to a
post if the person appointed is not likely to hold the post for more than a
year.

F

Parliament can increase bt President can decrease (bt all such regulations made by the president shall be laid before each House of Parliament for at least 14 days. The Parliament can amend or repeal them).

Question 130

T/F: UPSC is the Central Personnel agency in india.

Answer 130

F

UPSC is only a central recruiting agency while the Department of Personnel and Training is the central personnel agency in India.

Question 131

UPSC vs CVC?

Answer 131

• both are consulted in disciplinary matters wrt a civil servant
• However, the UPSC, being an independent constitutional body, has an edge over the CVC, a statutory body.

Question 132

SPSC: composition? qualification?

Answer 132

• strength left to discretion of Guv
• no qualifications prescribed except that 50% should be such persons who hv held office for at least 10 yrs under GoI or a state Govt

Question 133

SPSC: appointment?

Answer 133

by Guv

Question 134

SPSC: conditions of service and tenure?

Answer 134

• Consti authorises Guv to determine Conditions of service
• hold office for a term of six years or until they attain the age of 62 years, whichever is earlier

Question 135

T/F: SPSC members or chairman can relinquish their
offices at any time by addressing their resignation to the President, even though they are appointed by Guv.

Answer 135

F

resignation to Guv

Question 136

SPSC: removal?

Answer 136

• only by President
• on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC

Question 137

SPSC: powers DIFFERENT frm UPSC?

Answer 137

SPSC is consulted by the governor while framing rules for appointment to judicial service of the state other than the posts of district judges. In this regard, the concerned state high court is also consulted.

Question 138

T/F: Constitution makes a provision for the establishment of JPSC and so, JPSC is a constitutinal body.

Answer 138

F

Though Consti does make the provision, it doesn’t create any JPSc and that power resides with the Parliament.

Question 139

JPSC: features?

Answer 139

• mostly similar to SPSCs
• BUT, appointment OR conditions of service determined by OR resignation to OR removal by President

Question 140

UPSC: pre-independence history?

Answer 140

• GoIAct 1919: CPSC; set up in 1926 for recruiting civil servants
• GoI Act 1935: FPSC + Provincial PSC and JPSC

Question 141

Finance Commssion: Art? feature? appointment?

Answer 141

• Art 280
• Quasi-Judicial body
• constituted by the president of India every fifth year or at such earlier time as he considers necessary

Question 142

Fin comm: Composition?

Answer 142

• Chairman + 4 members
• Constitution authorises the Parliament to determine the qualifications
  of members of the commission and the manner in which they should be
  selected
  
  • chairman should be a person having experience in public affairs
  • other members frm amongst the following:
  • 1. A judge of high court or one qualified to be appointed as one.
       
       2. A person who has specialised knowledge of finance and accounts of the
          government.
       3. A person who has wide experience in financial matters and in
          administration.
       4. A person who has special knowledge of economics.

Question 143

Fin Commission:

1. Tenure?
2. Reappointment?

Answer 143

1. hold office for such period as specified by the president in his order.
2. They are eligible for reappointment.

Question 144

Fin Comm: functions?

Answer 144

1. Vertical Distribution: distribution of the net proceeds of taxes to be shared between the Centre and the states
2. Horizontal Distribution: allocation between the states of the respective shares of such proceeds.
3. principles that should govern the grants-in-aid to the states by the
   Centre (i.e., out of the consolidated fund of India)
4. measures needed to augment the consolidated fund of a state to
   supplement the resources of the panchayats and the municipalities in the
   state on the basis of the recommendations made by the state finance
   commission
5. Any other matter referred to it by the president in the interests of sound
   finance

Question 145

Fin Comm: advisory nature of the recommendation?

Answer 145

• not binding on GoI
• Dr. P.V. Rajamannar, the Chairman of the 4th FC, “Since the Finance Commission is a constitutional body expected to be quasi-judicial, its recommendations should not be turned down by the Government of India unless there are very compelling reasons”.
• constitution of India envisages the Finance commission as the balancing wheel of fiscal federalism in India

Question 146

NCSC:

1. Article?
2. composition?
3. Appointment?
4. conditions of service and tenure of office?

Answer 146

1. Art 338
2. a chairperson, a vice-chairperson and three other members
3. appointed by the President by warrant under his hand and seal
4. determined by president; Under the Rules, they hold office for a term of three years.

Question 147

NCSC: evolution?

Answer 147

• originally, Consti provided a Special Officer for SCs & STs, reporting to President; named as Commissioner for SCs&STs
• 1978: Government (through a Resolution) set up a non-statutory
• *multi-member Commission** for SCs and STs; the Office of Commissioner for SCs and STs also continued to exist.
• 1987: Government (through another Resolution) modified the fns and renamed it as NCSC&ST
• 65th CAA,1990: a high level multi-member NCSC&ST replaced the Commissioner for SCs and STs as well as the Commission set up under the Resolution of 1987
• 89th CAA,2003: bifurcation

Question 148

NCSC: powers?

Answer 148

• while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit
• vested with the power to regulate its own procedure
• powers like summoning, discovery of any document, examining witnesses
• Central government and the state governments are required to consult
  the Commission on all major policy matters affecting the SCs

Question 149

What commission is there for OBCs and Anglo-Indians on the lines of NCSC?

Answer 149

NCSC, itself is required to discharge similar functions with regard to the other backward classes (OBCs) and the Anglo-Indian Community as it does with respect to the SCs

NOTE: NCSC’s powers wrt to OBCs are now repealed and given to NCBC.

Question 150

NCST:

1. Article?
2. Evolution?

Answer 150

1. art 338-A
2. Evolution:
   
   1. NCSC&ST by 65th CAA,1990 as a constitutinal body
   2. Separate NCST by 89th CAA,1990

Question 151

NCST: Extra functions added by President in 2005?

Answer 151

1. measurs to confer ownership rights in respect of minor forest produce to STs living in forest areas
2. safeguard rights of the tribal communities over mineral resources, water resources etc
3. improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects
4. Measures to ensure ensure full implementation of the Provisions of
   Panchayats (Extension to the Scheduled Areas) Act, 1996
5. reduce and ultimately eliminate the practice of shifting cultivation by tribals
6. involvement of tribal communities for protecting forests and undertaking social afforestation

Question 152

T/F: NCSC and NCST are under the jurisdiction of Ministry of Social Justice and Empowerment.

Answer 152

T

Question 153

National Commission for Backward Classes (NCBC): about? str? constitutional provisions? (can also refer f/c schemes for vulnerable sections)

Answer 153

• 102^nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC).
• Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment.

Structure:

• The Commission consists of five members including a Chairperson, Vice-Chairperson and three other Members appointed by the President by warrant under his hand and seal.
• The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members is determined by President.

Consti provisions:

• Article 340 deals with the need to, inter alia, identify those “socially and educationally backward classes”, understand the conditions of their backwardness, and make recommendations to remove the difficulties they face.
• 102^nd Constitution Amendment Act inserted new Articles 338 B and 342 A.
• Article 338B provides authority to NCBC to examine complaints and welfare measures regarding socially and educationally backward classes.
• Article 342 A empowers President to specify socially and educationally backward classes in various states and union territories. He can do this in consultation with Governor of concerned State. However, law enacted by Parliament will be required if list of backward classes is to be amended.
• The amendment also brings about changes in Article 366.

Question 154

NCBC: powers and responsibilities?

Answer 154

• to examine the request made for the inclusion of any category as a backward class or to investigate the conditions or problems faced by the category under inclusion and then tender such advice to the central government. The nature of that advice is ordinarily binding on the central government. (This function not mentioned under Art 338B, but was under the 1993 Act. Thus, effectively this is no more applicable )
• The commission investigates and monitors all matters relating to the safeguards provided for the socially and educationally backward classes under the Constitution or under any other law to evaluate the working of such safeguards.
• It participates and advises on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State.
• It presents to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards. The President laid such reports before each House of Parliament.
• NCBC has to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
• It has all the powers of a civil court while trying a suit.

Question 155

NCBC: historical evolution?

Answer 155

• Two Backward Class Commissions were appointed in 1950s and 1970s under Kaka Kalelkar and B.P. Mandal respectively.
• In Indra Sawhney case of 1992, Supreme Court had directed the government to create a permanent body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and protection.
• In pursuant to these directions parliament passed National Commission for Backward Classes Act in 1993 and constituted the NCBC.
• 123^rd Constitution Amendment bill of 2017 was introduced in Parliament to safeguard the interests of backward classes more effectively.
• Parliament has also passed a separate bill to repeal the National Commission for Backward Classes Act, 1993, thus 1993 act became irrelevant after passing the bill.
• The bill got the President assent in August 2018 and provided the constitutional status to NCBC.

Question 156

The final say in regard to inclusion or exclusion of socially and economically backward classes (SEBCs) is firstly with

a) Supreme Court
b) Parliament
c) President
d) National Commission for Backward Classes (NCBC)

Answer 156

c

The Supreme Court held that “the final say in regard to inclusion or exclusion (or modification of lists) of SEBCs is firstly with the President, and thereafter, in case of modification or exclusion from the lists initially published, with the Parliament

Question 157

T/F: Constitution makers viewed Special officer for Linguistic Minorities as critical for saving Tribal Culture.

Answer 157

F

Originally Consti didn’t have provision for SOLM

Question 158

Evolution of Office for Special Officer of Linguisic Minorities?

Answer 158

• recommended by States reorganisation Commission
• 7th CAA, 1956: inserted art 350-B

Question 159

SOLM:

1. appointment?
2. qualifications?
3. conditions of service and tenure?
4. removal?
5. function?

Answer 159

1. appointed by prez
2. not mentioned in consti
3. not mentioned in consti
4. not mentioned in consti
5. among others, has to submit to the President of India, the reports on the status of implementation of the Constitutional and the nationally agreed safeguards for the linguistic minorities

Question 160

T/F: SOLM occupies an independent office and doesn’t come under any one ministry.

Answer 160

F

comes under Min of Minority affairs

Question 161

defn of linguistic minority?

Answer 161

A linguistic minority is a group of people whose mother tongue is different from that of the majority in the state or part of a state. Thus, the linguistic minorities are determined on a state-wise basis.

Question 162

Conscience of Constitution?

Answer 162

FR and DPSP, acc to Granville austin

Question 163

CAG:

1. Article?
2. Ambedkar’s view?
3. appointment?
4. conditions of service and tenure?
5. removal?

Answer 163

1. art 128
2. most imp officer under the Constitution of india
3. by Prez by a warrant under his hand and seal
4. salary and other service conditions are determined by the Parliament; salary equal to SC judge; 6yrs or upto 65 yrs age , whichever is earlier
5. can be removed by the President on same grounds and in the same manner as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity.

Question 164

CAG’s oath?

Answer 164

• true faith and allegiance to consti
• uphold soverignty and integrity of India
• duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of his office withhout fear or favour, affection or ill-will
• uphold consti and the laws

Question 165

Measures to ensure independence of CAG?

Answer 165

1. Security of tenure
2. not eligible fr re-appointment under GoI or any state
3. salary and conditions of service determined by parliament and cannot be altered to his disadvantage after his appointment
4. conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the CAG are prescribed by the president after consultation with the CAG.
5. administrative expenses of the office of the CAG, including all salaries, allowances and pensions of persons serving in that office are charged upon the Consolidated Fund of India
6. no minister can represent the CAG in Parliament

Question 166

T/F: Consti authorises President to prescribe the duties and powers of the CAG in relation to the accounts of the Union and of the states and of any other authority or body.

Answer 166

F

authorises the Parliament

Question 167

duties and functions of the CAG?

Answer 167

acc to CAG’s (Duties, Powers and Conditions of Service) act, 1971

AUDIT of EXPENDITURE AND RECEIPTS of GOVTs

1. audits expenditure related to CFI, CF of all states and CF of UTs with legislature
2. audits expenditure frm Contingency Fund of India and Public acct of India as well as each state
3. receipts and expenditure of the Centre and each state
4. all transactions of the Central and state governments related to debt, sinking funds, deposits, advances, suspense accounts and remittance
   business. He also audits receipts, stock accounts and others, with approval of the President.
5. ascertains and certifies the net proceeds of any tax or duty. His certificate is final.

AUDIT OF BODIES

1. any deptt ofCG or SGs
2. All bodies and authorities substantially financed from the Central or
   state revenues
3. Government companies; Other corporations and bodies, when so required by related laws
4. of any other authority when requested by the President or Governor. For example, the audit of local bodies

ADVISORY

1. advises the President with regard to prescription of the form in which accounts of the Centre and the states shall be kept (Article 150)
2. He acts as a guide, friend and philosopher of the Public Accounts
   Committee of the Parliament.

Question 168

T/F:

CAG compiles and maintains the accounts of state Govts bt nt of Central govt.

Answer 168

T

In 1976, he
was relieved of his responsibilities with regard to the compilation and
maintenance of accounts of the Central Government due to the separation
of accounts from audit, that is, departmentalisation of accounts

Question 169

Audit reports submitted by CAG to the President?

Answer 169

Three audit reports:

1. audit report on appropriation account: compare the actual expenditure with the expenditure sanctioned by the Parliament through the Appropriation Act,
2. audit report on finance accounts: show the annual receipts and disbursements of the Union government , and
3. audit report on public undertakings

Question 170

T/F: CAG submits his audit reports relating to the accounts of the Centre to
President.

Answer 170

T

He submits his audit reports relating to the accounts of the Centre to President, who shall, in turn, place them before both the Houses of Parliament (Article 151).

Question 171

T/F: CAG submits his audit reports relating to the accounts of a state to
governor

Answer 171

T

He submits his audit reports relating to the accounts of a state to
governor, who shall, in turn, place them before the state legislature
(Article 151).

Question 172

1. T/F: CAG is an agent of Parliament and conducts audit of expenditure on
   behalf of the Parliament
2. T/F: CAG is responsible only to the Parliament.

Answer 172

1. T
2. T

Question 173

CAG audit:features?

Answer 173

• expenditure vs receipt: CAG has more freedom with regard to audit of expenditure than with regard to audit of receipts, stores and stock.
  
  • For expenditure he decides the scope of audit and frames his own audit codes and manuals, he has to proceed with the approval of the executive government in relation to rules for the conduct of the other audits
• CAG audit has 2 aspects: legal and regulatory audit (money was legally available or nt for the purpose it was spent for and whether the authority is proper or nt) as well as propriety audit (wisdom, faithfulness and economy of the expenditure).
  
  • unlike the legal and regulatory audit, which is obligatory on the part of the CAG, the propriety audit is discretionary

Question 174

Limitations on auditory powers of CAG?

Answer 174

• Secret Serviec expenditure: has to accept a certificate from the competent administrative authority
• Also doesn’t cover RBI, SBI, LIC, FCI. CAG can audit them but on advice of President only.

Question 175

CAG’s role: India vs britain?

Answer 175

• CAG of India only performed the role of an Auditor General and not of a Comptroller but in Britain it has the power of both Comptroller as well as Auditor General.
• In India the CAG audits the accounts after the expenditure is committed i.e. ex post facto. In UK no money can be drawn from the public exchequer without the approval of the CAG.
• In India, CAG is not a member of the parliament while in Britain; CAG is a member of house of the Commons.

Question 176

CAG audit and public corporations?

Answer 176

1. Some corporations are audited totally and directly by the CAG, for
   example, Damodar Valley Corporation, ONGC, Air India, Indian Airlines Corporation, and others.
2. Some other corporations are audited by private professional auditors who are appointed by the Central Government in consultation with the CAG. If necessary, the CAG can conduct supplementary audit. The examples are, Central Warehousing Corporation, Industrial Finance Corporation, and others.
3. Some other corporations are totally subjected to private audit. In other
   words, their audit is done exclusively by private professional auditors (directly submit their findings to parliament) and the CAG does not come into the picture at all. eg, RBI, LIC, SBI, FCI

Question 177

CAG: History and Evolution?

Answer 177

• Office of the Accountant General was established in 1858 (the year the British took over administrative control of India from the East India Company).
• In 1860 Sir Edward Drummond was appointed as the first Auditor General.
• Meanwhile after some restructuring the Auditor General of India came to be called the Auditor and Accountant General to the Government of India.
• In 1866, the position was renamed Comptroller General of Accounts, and in 1884, it was re-designated as Comptroller and Auditor General of India.
• Under the Government of India Act 1919, the Auditor General became independent of the government as statutory backing was given for the position.
• The Government of India Act 1935 further strengthened the position of the Auditor General by providing for Provincial Auditors General in a federal set-up.
• The act also described the appointment and service procedures and gave a brief overview of the duties of the Auditor General of India.
• The Accounts and Audits Order of 1936 provided detailed accounting and auditing functions of the auditor general.
• This arrangement remained unchanged until India’s independence in 1947. After independence, Article 148 of the 1949 Indian Constitution provided for the establishment of a Comptroller and Auditor General to be appointed by the President of India.
• CAG jurisdiction was extended to Jammu and Kashmir in 1958.
• In 1971 the central government enacted the Comptroller and Auditor General (Duties, Powers, and Conditions of Service) Act, 1971. The act made CAG responsible for both accounting and auditing duties for central and state governments.
• In 1976 CAG was relieved from accounting functions.

Question 178

AGI:

1. Article?
2. appointment?
3. qualification?
4. conditions of service and tenure?
5. removal?

Answer 178

1. Art 76
2. by Prez
3. a person who is qualified to be appointed a judge of the SC i.e.
   
   • he must be a citizen of India
   • he must have been a judge of some HC for 5 years or an advocate of some HC for ten years or an eminent jurist, in the opinion of the president.
4. term nt fixed by Consti; remuneration also nt fixed by consti and is decided by prez
5. Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president. This means that he may be removed by the president at any time.

Question 179

AGI:

1. Rights?
2. Duties?

Answer 179

1. Rights:
   
   1. right to audience in all courts
   2. right to speak and take part in proceedings of both houses or their joint sitting or any committee of which he may be a named member, Bt NO right to vote
   3. enjoys all the privileges and immunities that are available to a MP
2. duties
   
   1. rep GoI in SC/HC
   2. rep GoI in any reference made by the Prez to SC under Art 143 (Article 143 of the Constitution authorises the president to seek the opinion of the Supreme court in the two categories of matters: On any question of law or fact of public importance which has arisen or which is likely to arise.)

Question 180

1. T/F: AGI is a full-time counsel for Govt.
2. AGI doesn’t fall into the category of govt servants.
3. AGI is debarred frm pvt legal practice while in office.

Answer 180

1. F
2. T
3. F; though cannot argue against GoI or defend criminal prosecutions without permission of goI

Question 181

T/F: Article 76 only mentions AGI and does not mention about the solicitor
general and additional solicitor general.

Answer 181

T

Question 182

Advocate General of state:

1. appointment?
2. qualification?
3. conditions of service and tenure?
4. removal?

Answer 182

1. appointed by Guv
2. must be qualified to be appointed a judge of a HC i.e.
   
   1. citizen
   2. must hv held a judicial office for 10 yrs or been an avocate of a HC for 10 yrs
3. term of office or the remuneratioin or tenure of the advocate general is not fixed by the Constitution. he holds office during pleasure of the Guv
4. Constitution does not contain the procedure and grounds for his removal. he may be removed by the governor at any time. he may be removed by the governor at any time.

Question 183

DPSP: intro?

Answer 183

1. frm Irish Constitution of 1937, who had copied it frm Spanish Constitution
2. Ambedkar: ‘novel features’
3. Acc to Granville Austin, along with FRs, contain the philosophy of the consti and is the soul of the consti as well as Conscience of the Constitution.

Question 184

DPSP: features?

Answer 184

1. denotes the ideals that the State should keep in mind while formulating policies and enacting laws.
2. resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. The only difference is that they are instructions to the legislature and the executive, while the ‘IoI’ was only for Guv-Gen and Guv.
3. They aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution and seek to establish economic and social democracy in the country
4. non-justiciable
5. though non-justiciable, help the courts in examining and determining the constitutional validity of a law. The SC has ruled many a times that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a DPSP, it may consider such law to be
   ‘reasonable’ wrt Art14 or 19 and thus save such law from unconstitutionality.

Question 185

DPSP: socialistic ones?

Answer 185

1. Art 38: promote welfare by securing justice-social,economic and political- and to minimise inequalities in income, status, facilities and opportunities.
2. Art 39:
   
   1. secure adequate means of livelihood for all
   2. equitable distri of material resources for the common good
   3. prevention of concentration of wealth and means of production
   4. equal pay for equal work for men and women
   5. health of workers and protecting children against forcible abuse
   6. opportunities for healthy dev of children
3. Art 39A:
   
   1. promote equal justice
   2. provide free legal aid to the poor
4. Art 41: secure
   
   1. RT Work
   2. RT education
   3. RT public assistance in cases of unemployment, old age, sickness
5. Art 42:
   
   1. just and humane conditions of work
   2. maternity relief
6. Art 43: secure
   
   1. living wage
   2. decent std of life
   3. social and cultural opportunities for all workers
7. Art 43A: take steps to secure the participation of workers in the mgmt of
   industries
8. Art 47: raise
   
   1. level of nutrition
   2. st of living of people
   3. improve public health

Question 186

DPSP: socialistic ones?

Answer 186

Art 38,39,39A,41,42, 43, 43A, 47

Question 187

DPSP: Art 38?

Answer 187

• Socialistic

1. promote welfare by securing justice-social,economic and political- and
2. to minimise inequalities in income, status, facilities and opportunities. (44th CAA)

Question 188

DSP-Art 39?

Answer 188

• Socialistic

1. secure adequate means of livelihood for all
2. equitable distri of material resources for the common good
3. prevention of concentration of wealth and means of production
4. equal pay for equal work for men and women
5. health of workers and protecting children against forcible abuse
6. opportunities for healthy dev of children (42ndCAA)

Question 189

DSP-Art 39A?

Answer 189

• Socialistic
• 42ndCAA

1. promote equal justice
2. provide free legal aid to the poor

Question 190

DSP: Art 41?

Answer 190

Socialistic

Secure:

1. RT Work
2. RT education
3. RT public assistance in cases of unemployment, old age, sickness

Question 191

DSP: Art 42?

Answer 191

Socialistic

1. just and humane conditions of work
2. maternity relief

Question 192

DSP: Art 43?

Answer 192

Socialistic

secure

1. living wage
2. decent std of life
3. social and cultural opportunities for all workers

Question 193

DSP: Art 43A?

Answer 193

Socialistic

42nd CAA

take steps to secure the participation of workers in the mgmt of
industries

Question 194

DSP: art 47?

Answer 194

Socialistic

1. raise level of nutrition
2. taise std of living of people
3. improve public health

Question 195

DSP: Gandhian principles?

Answer 195

Art 40, 43, 43B, 46, 47 and 48

Question 196

DSP: art 40?

Answer 196

Gandhian

organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government

Question 197

DSP: art 43?

Answer 197

Gandhian

promote cottage industries on an individual or co-operation basis in rural areas

Question 198

DSP art 43B?

Answer 198

gandhian

97th CAA

promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies

Question 199

DSP: Art 46?

Answer 199

gandhian

1. promote the educational and economic interests of SCs, STs, and other weaker sections of the society and
2. to protect them from social injustice and exploitation

Question 200

DSP: art 47?

Answer 200

Gandhian

prohibit the consumption of intoxicating drinks and drugs which are injurious to health

Question 201

DSP: art 48?

Answer 201

gandhian

prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds

Question 202

Consider the following statements.
1. Article 44 of the Constitution says the state shall endeavour by suitable legislation to secure for citizens a uniform civil code throughout the territory of India.
2. The duty of the court is far greater in other directive principles than in Article 44.
3. The definition of ‘State’, under Article 12, also includes local or other authorities within the territory of India or under the control of the Government of India.
Which of the above statements is/are correct?
a) 2 only
b) 1, 2
c) 2, 3
d) 1, 2, 3

Answer 202

C

Article 44 of the Constitution says the state shall endeavour to secure for citizens a uniform civil code throughout the territory of India. The definition of ‘State’, as given in Article 12, includes the overnment and Parliament of India and the government and the legislature of each of the states and all local or other authorities within the territory of India or under the control of the Government of India.

While Article 44 uses the phrase “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use expressions such as “in particular strive”; “shall take steps”; “shall promote with special care”; “shall in particular direct its policy”; “shall regard its primary duty”; “shall be obligation of the state” etc. All of these mean that the duty of the court is far greater in other directive principles than in Article 44.

While Article 43 mentions that the “state shall endeavour by suitable legislation”, the phrase “by suitable legislation” is absent in Article 44, which indicates that the framers did not intend enactment of uniform civil code by a single legislation.

Question 203

DSP: liberal-intellectual principles?

Answer 203

Art 44, 45, 48, 48A, 49, 50 and 51

Question 204

DSP: art 44?

Answer 204

Liberal-intellectual

UCC

Question 205

DSP: art 45?

Answer 205

Liberal-intellectual

86th CAA

provide early childhood care and education for all children until they complete the age of six years

Question 206

DSP: art 48?

Answer 206

Liberal-intellectual

organise agriculture and animal husbandry on modern and scientific
lines

Question 207

DSP: art 48A?

Answer 207

Liberal-intellectual

42nd CAA

protect and improve the environment and to safeguard forests and wild
life

Question 208

DSP: Art 49?

Answer 208

Liberal-intellectual

protect monuments, places and objects of artistic or historic interest
which are declared to be of national importance

Question 209

DSP: art 50?

Answer 209

Liberal-intellectual

separate the judiciary from the executive in the public services of the
State

Question 210

DSP: art 51?

Answer 210

Liberal-intellectual

1. promote international peace and security
2. maintain just and honourable relations between nations
3. foster respect for international law and treaty obligations
4. encourage settlement of international disputes by arbitration

Question 211

DPSP: historical sanction behind them?

Answer 211

1. Sir B N Rau, the Constitutional Advisor to the Constituent Assembly,
   recommended that the rights of an individual should be divided into two
   categories—justiciable and non-justiciable, which was accepted by the
   Drafting Committee
2. they impose a moral obligation on the state authorities for their application, but the real force behind them is political, that is, public opinion, as observed by A K Swamy Ayyar
3. Dr B R Ambedkar had pointed out that the Directives have great value because they lay down that the goal of Indian polity is ‘economic democracy’ as distinguished from ‘political democracy’
4. intended to fill in the vacuum in Part III by providing for social and
   economic rights.

Question 212

Criticisms of DSP?

Answer 212

1. non-justiciable: Sir Ivor Jennings called them as ‘pious aspirations’
2. Illogically Arranged: Sir Ivor Jennings pointed out that these principles have no consistent philosophy.
3. Conservative: According to Sir Ivor Jennings, the Directives are based on the political philosophy of the 19th century England
4. Constitutional conflict: K Santhanam has pointed out that the Directives lead to a constitutional conflict (a) between the Centre and the states, (b) between the Prez/Guv and the PM/CM

Question 213

FR vs DSP?

Answer 213

• 1951: Champakam Dorairajan case: SC ruled that in case of conflict, FR would prevail and DSP to be subsidiary to FRs. Bt also allowed amendment of FRs by Parliament by CAA leading to 1st, 4th and 17th CAA to implement DSPs
• 1967: Golaknath case: FR sacrosanct and not amendable for DSPs
• 1971: 24th and 25th CAA
  
  • 24th CAA: empowered Parliam. to amend any of FR by CAA
  • 25th: inserted Art 31Cthat had 2 provisions:
    
    1. protection frm Art 14,19 & 31 to laws for DSP under 39(b) and (c)
    2. any such law can’t be questioned on whether it does give effect to such a policy or nt
• 1973: Keshavanand Bharati case: struck down the 2nd provision of 25th CAA; introduced basic str doctrine.
• 1976:42nd CAA: extended the scope of Art 31C, thereby giving primacy to DSPs over FRs 14,19 &31.
• 1978: 44th CAA: Art 31 (RT Property) removed
• 1980: minerva Mills case: extension by 42nd CAA struck down, though protection to Art 39 (b) & (c) accepted; SC talked of balance betn DSPs and FRs.
• Thus present position: FR>DSPs bt FRs can be amended by Parliament for implementing DSPs bt without altering ‘basic str’.

Question 214

Directives outside Part IV?

Answer 214

1. Claims of Sc/STs to services (Art 335)
2. Instruction in mother tongue (Art 350A)
3. Development of Hindi Language (Art 351)

Question 215

T/F: none of the Constitutions of major democratic countries specifically contain a list of duties of citizens.

Answer 215

T

Question 216

Fundamental duties: Evolution?

Answer 216

1. 1976: sardar Swaran Singh Committee suggested addition of 8 consti duties
2. added 10 Consti duties as a new part by 42nd CAA in 1976, though certain recommendations of committee were not accepted like.
   
   1. penalty for non-compliance of duties
   2. laws for such penalty immune frm FR JR
   3. duty to pay taxes

Question 217

Fundamental duties: list?

Answer 217

1. Consti, its ideals and institutions, National flag and anthem
2. noble ideals that inspired freedom struggle
3. upohld and protect sovereignty, unity and integrity of India
4. defend country and rnder national service when called upon
5. promote harmony and the spirit of common brotherhood AND to renounce practices derogatory to dignity of women
6. value and preserve India’s rich heritage and culture
7. protect and improve the natural environment AND hv compassion fr living creatures
8. develop scientific temper, humanism and the spirit of inquiry and reform
9. safeguard public property and to abjure violence
10. strive towards excellence in all spheres of individual and collective
    activity so that the nation constantly rises to higher levels of endeavour
    and achievement
11. education to his child or ward between the age of 6-14yrs (86th CAA)

Question 218

Fundamental duties: features?

Answer 218

1. some moral while others are civic duties
2. essentially contain just a codification of tasks integral to the Indian way of life
3. confined to citizens only and do not extend to foreigners.
4. non-justiciable; However, the Parliament is free to enforce them by suitable legislation

Question 219

Fundamental duties: criticisms?

Answer 219

1. nt exhaustive eg. vote,pay taxes
2. Some of the duties are vague, ambiguous
3. described by the critics as a code of moral precepts due to their non-justiciable character
4. inclusion of FDs as an appendage to Part IV of the Constitution has reduced their value and significance
5. C K Daphtary, former AGI, while opposing the inclusion of FDs, said that more than 99.9 % of the citizens were law-abiding and there was no need to tell them about their duties. He argued that as long as the people are satisfied and contended, they willingly perform their duties.

Question 220

T/F: FDs help the courts in examining and determining the constitutional
validity of a law.

Answer 220

T

In 1992, the Supreme Court ruled that in determining
the constitutionality of any law, if a court finds that the law in question
seeks to give effect to a fundamental duty, it may consider such law to be
‘reasonable’ in relation to Article 14 (equality before law) or Article 19
(six freedoms) and thus save such law from unconstitutionality

Question 221

32) Consider the following statements regarding Fundamental Duties.
1. The Part IV-A of the Constitution which consists of only one Article 51-A specifies the eleven Fundamental Duties.
2. The 91th Constitutional Amendment Act of 2002 added one fundamental duty to the constitution.
3. Like the Directive Principles, the Fundamental duties are also non-justiciable in nature.
Which of the above statements is/are correct?
a) 1 only
b) 1, 2
c) 1, 3
d) 1, 2, 3

Answer 221

C

The 86th Constitutional Amendment Act of 2002 added one more fundamental duty

Question 222

Commiittee on working of FDs: name and observations?

Answer 222

Verma Committee, identified the existence of legal provisions for the implementation of some of the Fundamental Duties

1. Prevention of Insults to National Honour Act (1971)
2. various criminal laws in force provide for punishments for encouraging enmity between different sections+ Protection of Civil Rights Act (1955)
3. (IPC) declares the imputations and assertions prejudicial to national integration as punishable offences
4. Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal organisation as an unlawful association
5. RPA,1951 provides for the disqualification of MP/MLA for soliciting votes on the ground of religion or promoting enmity
6. Wildlife (Protection) Act of 1972, Forest (Conservation) Act of 1980

Question 223

procedure for the amendment of the Constitution as laid down in Article
368?

Answer 223

1. can be initiated in either house of Parliament
2. by a minsiter or by a pvt member
3. Doesn’t require prior permission of President
4. mst be passed in each house by a special majority (1/2 + 2/3rd)
5. no joint sitting provision
6. If seeks to amend federal provision, mst also be ratified by legislatures of 50% of the states by a simple majority
7. After duly passed by both the Houses of Parliament and ratified by the
   state legislatures, where necessary, the bill is presented to the president for assent.
8. Prez mst give his assent. can neither withold his assent nor return the bill for reconsideration.

Question 224

Article 368 gives Parliament the power to amend the Constitution and describes its procedure. Consider the following statements regarding the legal position with regards to the amendment of this article itself?
1. The article can be amended by the Parliament only if the amendment does not destroy the basic structure of the Constitution.
2. The article can be amended by the Parliament only if a bill to this effect was introduced by the President.
Which of the above statements is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer 224

A

Question 225

Total types of amendment provided for in the constitution?

Answer 225

• Amendment by art 368: two subtypes
  
  1. Amendment by special majority of the Parliament
  2. Amendment by special majority of the Parliament and the ratification of half of the state legislatures.
• Amendment by simple majority of the Parliament: similar to the
  ordinary legislative process; these amendments are not deemed to
  be amendments of the Constitution for the purposes of Article 368

Question 226

Non-368 constitutional amendment applicable for?

Answer 226

1. States:
   
   1. Admission or establishment of new states.
   2. Formation of new states and alteration of areas, boundaries or names of existing ones
   3. Abolition or creation of legislative councils in states
   4. Elections to State Legislature
   5. UTs
2. salaries and emoluments
   
   1. 2nd schedule
   2. salaries and allowances of MPs
3. Workings in parliament
   
   1. Quorum in Parliament
   2. Rules of Procedure
   3. Privileges of members and committees
   4. Use of English language in Parliament
   5. Elections to Parliament
   6. Delimitation of Constituencies
4. SC:
   
   1. Number of puisne (other than CJI) judges in SC
   2. increasing jurisdiction of SC
5. Citizenship—acquisition and termination.
6. 5th and 6th sched
7. Use of official language

Question 227

Art 368- non-federal amendment: features?

Answer 227

• majority of the provisions in the Consti, including amendment of FRs, DPSP and all other provisions nt covered by 1st and 3rd categories.
• expression ‘total membership’ means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees
• Strictly speaking, the special majority is required only for voting at the
  third reading stage of the bill but by way of abundant caution the requirement for special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill

Question 228

Art 368: Federal amendments:

applicable to which provisions?

time limit fr states to take action

Answer 228

• provisions that can be amended this way
  
  1. election of President and its manner
  2. extent of executive power of Union and states
  3. SC and HC
  4. distri of legislative powers betnUnion and states
  5. any of lists in 7th sched
  6. rep of states in parliament
  7. Art 368 and its procedure
• no time limit within which the states should give their consent to the bill

Question 229

types of majority in Indian consti?

Answer 229

1. simple
2. absolute
3. effective
4. special

Question 230

simple majority?

Answer 230

• majority of more than 50% of the members present and voting
• eg. if total strength=545; vacant=5; absent=10; present be abstaining frm voting=20, then simple majority would be (545-5-10-20)/2 +1=256
• normal motions and bills, incl No-confidence Motion, Motion of Confidence, Motion of Thanks, Censure Motion, Adjournment Motion, Money Bills, Ordinary Bills

Question 231

absolute majority?

Answer 231

• majority of more than 50% of the total strength of the house
• eg. if total strength=545; vacant=5; absent=10; present be abstaining frm voting=20, then absolute majority wud be 545/2+1= 273.5 (273)
• Such kind of majority is not required in isolation in the Indian Parliament
• Abolition or creation of Council of States: Absolute + Special Majority in SLA
• Removal of Supreme Court Judge: Absolute + Special Majority in each house
• Emergency Proclamation: Absolute + Special Majority by each house
• Amendment of the Constitution via article 368: Absolute + Special Majority by each house

Question 232

Effective majority?

Answer 232

• more than 50% of the effective strength (total- absent/vacant)
• eg. if total strength=545; vacant=5; absent=10; present be abstaining frm voting=20, then effective strength = (545-5-10)/2+1= 266
• Removal of the Vice-President: Effective Majority in RS & agreed by LS
• Removal of Deputy chairman Rajya Sabha/ Removal of Speaker of LS/SLA

Question 233

Special Majority?

Answer 233

three sub-types

1. Majority by two-third strength of the house {example impeachment of president under article 61}
2. Majority by two-third of present and voting members {Example: Power of Parliament to legislate with respect to a matter in the State List in the national interest, under article 249}; Certain constitution amendment bills etc.
3. Absolute majority + majority of two-third present and voting {Example: Removal of Supreme Court Judge, CAG etc.

Question 234

emergence of basic str/ amendability of FRs?

Answer 234

• Shankari Prasad case1 (1951), the constitutional validity of the 1st CAA 1951), which curtailed the right to property, was challenged.
  
  • word ‘law’ in Article 13 includes only ordinary laws and not the CAA
  • Thus, power of the Parliament to amend the Constitution under
    Article 368 also includes the power to amend FRs
• Golaknath case 1967: constitutional validity of 17th CAA(1964), which inserted certain state acts in the Ninth Schedule, was challenged
  
  • FR were said to be ‘transcedental and immutable’; not amendable
  • ‘law’ in Art 13 also includes CAA
• 24th CAA,1971: declared that the Parlia has the power to amend any of FRs under Article 368 and such an act will not be a law under the meaning of Article 13
• Keshavanand Bharati case,1973: upheld 24th CAA bt laid down doctrine of Basic str
• 42nd CAA: amended Article 368 and declared that there is no limitation on the constituent power of Parliament. This provision was struck down in Minerva Mills case (1980).

Question 235

From the various judgements, the following have emerged
as ‘basic features’ of the Constitution?

Answer 235

1. Constitution:
   
   1. Supremacy of Consti (KB)
   2. secular character (KB) and freedom of religion (election case)
   3. Sovereign, democratic and republican nature (KB, election case)
   4. federal character (KB)
   5. balance betn FR and DSP (Minerva Mills)
   6. Principles (or essence) underlying FRs
   7. Ltd power of parliament to amend Consti (Minerva Mills)
2. Governance system:
   
   1. separation of powers (KB)
   2. Parliamentary system (KB)
   3. free and fair elections
3. Judiciary:
   
   1. JR (election case) (Minerva Mills)
   2. rule of law (election case) (mandal case)
   3. independence of judiciary
   4. effective access to justice
   5. powers of SC under Art 32, 136, 141 and 142
   6. Powers of HC under Articles 226 and 227
4. Citizen centric
   
   1. welfare state (KB)
   2. freedom and dignity of individual (KB)
   3. principle of equality (election case)
5. Miscellaneous:
   
   1. unity and integrity of the nation

Question 236

NITI Aayog: intro?

Answer 236

1. an executive body
2. premiere policy ‘Think Tank’, providing both directional and policy i/p
3. shaped by a ‘bottom up’ approach rathr than a ‘top-down’ model, as with Planning Commission

Question 237

NITI aayog: composition?

Answer 237

1. Chairperson: PM
2. VChair: appointed by PM; enjoys rank of Cabinet min
3. members:
   
   1. Ex-officio: max 4 members of Union CoM, nominated by PM
   2. Full time: no fixed no.; enjoy rank of MoS
   3. part time: max 2, frm leading uni, research org etc; on rotational basis
   4. CEO: appointed by PM for a fixed tenure; rank of Secy to GoI
4. GOverning Council: all CMs (incl UTs) and Lt. Guvs
5. Regional councils: to address specific issues; formed for a specified tenure
6. Special invitees: experts, domain specialists

Question 238

VC of NITI Aayog: appointed by? rank?

Answer 238

PM

Cabinet minister

Question 239

Ex-officio members of NITI Aayog?

Answer 239

Max 4 members of CoM, nominated by PM

Question 240

Regional councils within NITI Aayog?

Answer 240

• Toa ddress specific issues for a region
• for a specified tenure
• convened by PM
• comprises of CMs and LGs of that regions

Question 241

NITI Aayog specialised wings?

Answer 241

• Research wing
• Consultancy wing: market place, playing match maker
• Team India wing: comprises of rep frm every state and ministry and serves as permanent platform for national collab

Question 242

Subordinate office of NITI Aayog?

Answer 242

National Institute of Labour Economics Research and Development

(formerly Institute of Applied Manpower Research)

Question 243

Planning Commission: formation?

Answer 243

1. on recommendation of Advisory Planning Board under K C Neogi
2. by an executive resolution in March 1950.
3. was only a staff agency—an advisory body and had no executive responsibility

Question 244

Planning commission: composition?

Answer 244

1. PM: chairman
2. deputy chairman: fixed tenure; rank of Cabinet minister
3. Ex-officio members: FM and planning minister
4. Some Central ministers as part time members
5. 4-7 full time expert members

• SGs were NOT represented

Question 245

Programme Evaluation Organisation?

Answer 245

• estab in 1952
• as an independent unit of erstwhile Planning Commission
• nw under NITI Aayog
• undertook an assessment of the implementation of development
  programmes and plans as contained in Five-Year Plans

Question 246

Planning Commission: critical evaluation?

Answer 246

• ARC described PC as ‘Super/Parallel cabinet’
• D.R. Gadgil declared it as ‘failed in its task’ root of which lies in the process by which PC, essentially only an advisory body, has come to mix itself with actual formation of public policies, even in matters other than development
• K. Santhanam: PC has superseded the federation and our country is functioning like a unitary system is many respects
• Rajamannar: highlighted overlapping fns and responsibilities of PC and FC in federal foscal transfers

Question 247

National Development Council: formation? composition? fn?

Answer 247

• in 1952, by an executive resolution
• composition:
  
  • PM: chairman
  • all Union Cabinet ministers
  • the CMs of all states and UTs and admins of all UTs
  • members of PC (nw NITI Aayog)
• Draft Five-Year Plan prepared by the PC (now NITI Aayog) is first submitted to the Union Cabinet. After its approval, it is placed before the NDC, for its acceptance. Then, the Plan is presented to the Parliament. With its approval, it emerges as the official Plan and published in
  the official gazette
• it is listed as an advisory body to the PC (now NITI Aayog) and its recommendations are not binding

Question 248

NHRC: intro/ features?

Answer 248

• statutory (and not a constitutional) body
• estab in 1993 under Protection of HR Act, 1993
• jurisdiction:
  
  • watchdog of human rights in the country
  • i.e. the rights relating to life, liberty, equality and dignity of the individual - guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India

Question 249

NHRC: composition and qualifications?

Answer 249

• Chairman + 4 members + 4 ex-officio members
• Chairman shud be a retired CJI
• members shud be
  
  • serving or retired judges of SC AND
  • serving or retired CJ of a HC AND
  • two persons having knowledge or practical experience wrt HR
• 4 ex-officio members: chairmen of
  
  • NC for minorities
  • NCSCs
  • NCSTs
  • NCW

Question 250

NHRC members appointment?

Answer 250

• chairman and members are appointed by the president on the recommendations of a six-member committee consisting of
  
  • PM as its head,
  • the Speaker of the LS,
  • the Deputy Chairman of RS
  • leaders of the Opposition in both the Houses of Parliament and
  • the Central home minister
• ​Further, a sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India.

Question 251

NHRC:

1. tenure of members?
2. re-employment?
3. conditions of service?

Answer 251

1. chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier
2. After their tenure, the chairman and members are not eligible for further employment under the Central or a state government.
3. salaries, allowances and other conditions of service of the chairman or
   a member are determined by the Central government. But, they cannot be
   varied to his disadvantage after his appointment.

Question 252

NHRC: removal of members?

Answer 252

• president can remove the chairman or any member from the office under the following circumstances:
  
  • If he is adjudged an insolvent; or
  • If he engages, during his term of office, in any paid employment outside the duties of his office; or
  • If he is unfit to continue in office by infirmity of mind or body;
  • If he is of unsound mind and stand so declared by a competent court;
  • If he is convicted and sentenced to imprisonment for an offence
  • proved misbehaviour or incapacity: In these cases, Prez has to refer the matter to SC for an enquiry. BUT advice nt Binding.

Question 253

T/F: salaries, allowances and other conditions of service of the chairman or
a member of NHRC cannot be varied to his disadvantage after his appointment..

Answer 253

T

Question 254

NHRC: fns?

Answer 254

1. HR violation investigate: either suo motu or when petitioned in court
2. intervene in any proceeding involving allegation pending in a court
3. visit jails and detention places
4. review the factors including acts of terrorism that inhibit the enjoyment of HR
5. research in HR and spread awareness

Question 255

NHRC:

1. offices?
2. power(s)?
3. LImitation?
4. role?

Answer 255

1. hqr at Delhi bt can establish at other places too
2. powers
   
   • regulate its own procedure
   • all the powers of a civil court and its proceedings hv a judicial charac
   • may call for info or report from CG/SGs or any other authority subordinate thereto
   • has its own nucleus of investigating staff. Also empowered to utilise
     the services of any officer or investigation agency of the CG/SG
   • submits its annual or special reports to the Cg/SG concerned. These reports are laid before the respective legislatures
3. limitations:
   
   • not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of HR is alleged to have been committed
   • no power to punish the violators of HRs, nor to award any relief including monetary relief to the victim; only recommedary
   • recommendations are not binding, But, it should be informed about the action taken on its recommendations within one month
   • limited role, powers and jurisdiction with respect to the violation of HRs by the members of the armed forces. CG shall inform the commission of the action taken within three months

Question 256

HUMAN RIGHTS (AMENDMENT) ACT, 2006?

Answer 256

1. wrt NHRC:
   
   1. NHRC can undertake visits to jails even without intimation to SG
   2. Enabling NHRC to trnsfr complaints received by it to concerned SHRC
   3. Chair & members can resign in writing to Prez
2. SHRC:
   
   1. reducing no. of members frm 5 to 3
   2. Changing the eligibility condition for appointment of members
   3. Chair & members can resign in writing to Guv
3. Both NHRC and SHRCs
   
   1. Strengthening the investigative machinery
   2. can nw recommend award of compensation during the course of enquiry
   3. Clarifying that the Chair of NHRC and SHRCs are distinct frm members
   4. Clarifying that the absence of any member in the Selection Committee for selection of the Chairperson and member of the NHRC or the SHRCs will not vitiate the decisions taken by such Committees

Question 257

SHRC:

1. jurisdiction?
2. composition?

Answer 257

1. HR violations wrt State list and Concurrent list subjects; hwever if any such case is already being inquired into by NHRC or any other statutory comm,then SHRC stays away
2. Chair+ 2 members

Question 258

SHRC

1. appointment?
2. qualification?
3. tenure?
4. further employment?
5. conditions of service?

Answer 258

1. by Guv on recommendation of a committee of
   
   1. CM: head
   2. speaker of SLA (+ chailrman of LC)
   3. state HM
   4. LoO in LA (+ LoO in LC)
   5. a sitting judge of a HC/DJ only after consultation with the CJ of HC
2. chair shud be a serving or retired CJ of a HC; members shud be serving or retired judge of HC or a district judge with min 7yrs experience as DJ AND a person having knowledge of practical experience with HR
3. 5yrs or 70yrs age, WIE
4. chairperson and members are not eligible for further employment under a SG/CG
5. determined by SG; cannot be varied to his disadvantage after his appointment

Question 259

SHRC: removal?

Answer 259

• Though appoined by Guv, removable by Prez only
• on the same grounds and in the same manner as for Chair and members of NHRC i.e. (a) If he is adjudged an insolvent; or
  (b) If he engages, during his term of office, in any paid employment outside
  the duties of his office; or
  (c) If he is unfit to continue in office by reason of infirmity of mind or body;
  or
  (d) If he is of unsound mind and stands so declared by a competent court; or
  (e) If he is convicted and sentenced to imprisonment for an offence.

(f) on the ground of proved misbehaviour or incapacity: has to refer to SC; advice nt binding

Question 260

Human Rights Court?

Answer 260

• Protection of Human Rights Act (1993) provides for establishment of Human Rights Court in every district for the speedy trial of violation of human rights
• can be set up by SG with the concurrence of CJ of HC
• For every HR Court, the SG specifies a public prosecutor or appoints an advocate (who has practiced for seven years) as a special public prosecutor.

Question 261

CIC:

1. formed under?
2. composition?
3. appointment?
4. qualification?

Answer 261

1. RTI act 2005
2. Chief IC + NOT MORE than 10 ICs
3. After RTI amendment 2019, CIC as well as ICs will be appointed by CG
   
   • earlier, by Prez, on the recommendation of a committee consisting of
     
     • PM as chair
     • LoO in LS
     • a union Cabinet minister nominated by PM
4. They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, mgmnt, journalism, mass media or administration and governance
   
   1. shud nt be MP/MLA
   2. shud nt hold any other office of profit or carrying out any business or pursuing any profession
   3. shud nt be connected with any political party

Question 262

CIC:

1. tenure?
2. re-employment?
3. removal?
4. conditions of service?

Answer 262

1. hold office for a term to be decided by CG (currently fixed at 3yrs) or until 65yrs age,WIE (changed frm 5 yrs in 2019 amendment)
2. Not eligible for re-appointment BUT NO COMMENTS ON RE-EMPLOYABILITY
   
   • ​​though an IC can be appointed as Chief IC, but he cannot hold office for more than a total of five years including his term as Information Commissioner.
   • Rule 22 of amended RTI act says that the Centre has discretionary powers to relax any of these rules with any “class or category of persons in future” and so this might change at the discretion of CG
3. prez can remove Chief or any IC under following circumstances:
   
   1. adjudged an insolvent
   2. convicted of an offence which involves moral turpitude
   3. any paid employment outside during his term in office
   4. unfit to continue due to infirmity of mind or body
   5. acquired such financial or other interest as is likely to affect
      prejudicially his official functions
   6. on the ground of proved misbehaviour or incapacity: has to refer to SC; advice nt Binding
4. a​fter the amendment to RTI in 2019, to be notified by CG
   
   • earlier, Chief IC’s similar to those of CEC and that of ICs similar to ECs

Question 263

CIC: powers?

Answer 263

• receive and inquire into a complaint wrt any matter relating to obtaining information
• Commission can order inquiry into any matter if there are reasonable
  grounds (suo-moto power).
• While inquiring, the Commission has the powers of a civil court
• During inquiry of a complaint, all public records must be given to the Commission and no record can be held back on any grounds
• can also impose penalties or ask the public authority to compensate for any loss suffered by the applicant
• submits an annual report to CG which places it in Parliament

Question 264

SIC:

1. created under?
2. composition?
3. appointment?
4. qualifications?

Answer 264

1. under RTI act 2005
2. State Chief IC and not more than 10 state ICs
3. After amendment of 2019, to be notified by CG
   
   • earlier by Guv, on the recommendation of a committee consisting of
     
     • CM as chair
     • LoO in LA
     • State cabinet minister nominated by CM
4. should be persons of eminence in public life with wide knowledge and
   experience in law, science and technology, social service, management,
   journalism, mass media or administration and governance
   
   • shud nt be a MP/MLA
   • shud nt hold any office of profit/ carrying on any business/professio
   • shud nt be connected to any political party

Question 265

SIC:

1. tenure?
2. re-employment?
3. removal?
4. conditions of service?

Answer 265

1. same as CIC
2. same as CIC
3. by Guv, rest same as CIC (in proved misbehaviour or incapacity, Guv has to refer to SC; nt binding)
4. Conditions of service: after the amendment, to be decided by CG. Earlier,
   
   • State Chief IC: same as EC
   • state ICs: similar to Chief secy of SG

Question 266

National Commission for Minorities Act, 1992?

Answer 266

1. The act defines a minority as “a community notified as such by the Central government.’’ Government of India has declared six religions namely, Muslims, Christians, Sikhs, Buddhist and Parsis (Zoroastrian) and Jain as religious minorities in India.
2. Under this act, the government formed the National Commission for Minorities which consist of Chairperson, a Vice-Chairperson and five Members.
3. The five Members including the Chairperson shall be from amongst the minority communities.
4. The commission monitors the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures.

Question 267

Emergency Provisions: part?

T/F: During Emergency, CG becomes all powerful and states go into total control of centre.

T/F; Emergency converts federal str into a unitary one and this transformation is unique feature of Indian consti.

Answer 267

Part XVIII

T

T

Question 268

National Emergency:

1. Article?
2. ground?
3. 32th CAA,1975?
4. two types?

Answer 268

1. Art 352
2. when the security of India or a part of it is threatened by war or external aggression or armed rebellion (even if imminent)
3. President can also issue different proclamations, whether or not there is a proclamation already issued by him and such proclamation is in operation
4. When due to ‘war’ or ‘external aggression’, known as ‘External emergency’; when due to armed rebellion, its called ‘Internal emergency’

Question 269

NE: parliamentary approval?

Answer 269

1. mst be approved by both houses within 1 month frm date of issue. (2mnth—>1month by 44th caa)
2. hwever, if NE is proclaimed at a time when, LS has been dissolved, or if LS has been dissolved within that 1 month period, without approving NE, the proclamation survives until 30 days frm first sitting ofLS after its reconstitution, provided RS has approved it in the meantime.
3. if approved by both houses, it continues for 6 months, and can be extended to an indefinite period with approval of parliament every 6 mnths(44th CAA; earlier only one approval needed and thereafter would go on until executive wanted). If parliament dissolved in that 6month period, NE will continue upto 30 days frm next first sitting, provided RS approved it in the meantime
4. Approval: Special majority (44th CAA; earlier simple majority adequate) in each house (1/2 + 2/3rd)

Question 270

NE: revocation?

Answer 270

1. may be revoked at any time by Prez by a subsequent proclamation. That doesn’t require Parliament’s approval
2. If LS passes a resolution disapproving its discontinuation, Prez mst revoke. (44th CAA; earlier LS had no control whatsoever)
3. 44th CAA: where 1/10th of total members of the LS give a written notice to the Speaker (or to the president if the House is not in session), a special sitting of the House should be held within 14 days for the purpose of considering a resolution disapproving the continuation of the proclamation
4. Resolution of disapproval is different frm a resolution approving continuation of a proclamation in 2 respects

Question 271

NE: Resolution of disapproval is different frm a resolution approving continuation of a proclamation in 2 respects. what?

Answer 271

1. resolution of disapproval needs to be passed by LS only, while the latter needs both houses
2. resolution of disapproval needs to be passed by simple majority while latter needs special majority.

Question 272

Effects of NE: aspects?

Answer 272

3 aspects:

1. effects on C-S relations
2. effects on life of LS and SLA
3. effects on FR

Question 273

effects of NE: on C-S relations?

Answer 273

1. Executive:
   
   1. C can direct any S regarding manner of exercisng its executive power in any matter. In normal times, the Centre can give executive directions to a state only on certain specified matters.
   2. Thus, SG under complete control of CG, though they are not suspended
2. ​Legislative:
   
   1. ​parliament can make laws on any sub mentioned in state list
   2. Though legislative power of S isn’t suspended, it can be over-ridden by Parliament. In brief, the Consti becomes unitary frm federal.
   3. laws made by Parlia on the state subs during NE become inoperative six months after the emergency has ceased to
      operate.
   4. Prez can issue ordinances on state subs also, if parliament is nt in session
   5. Parliament can confer powers and impose duties upon the C or its officers/authorities wrt matters outside the Union List, in order to carry out the laws made by it under its extended jurisdiction
   6. 3. 42nd CAA: ​the two consequences mentioned above (executive and legislative) extends not only to a state where the Emergency is in operation but also to any other state.
3. Financial:
   
   1. Prez can can modify the constitutional distri of revenues between the C&S
   2. Such modification continues till the end of the financial year in which the Emergency ceases to operate
   3. every such order of the President has to be laid before both the
      Houses of Parliament.

Question 274

effects of NE: on life of LS and SLA?

Answer 274

1. life of LS
   
   1. may be extended beyond its normal term by a law of parlia for 1 yr at a time (indefinitely)
   2. However, this extension cannot continue beyond a period of 6mnths after the emergency has ceased to operate
   3. eg. term of 5th LS (1971-77) was extended 2 times by 1 yr at a time
2. life of a SLA
   
   1. Parliament may extend the normal tenure of a state LA by one yr at a time for indefinite period.
   2. However, this extension cannot continue beyond a period of 6mnths after the emergency has ceased to operate

Question 275

effects of NE: on FR?

articles that deal with it?

Answer 275

1. Art 358 (FR under Art 19) & 359 (FRs other than 19,20 & 21)
2. Art 19:
   
   1. all 6 FRs under Art 19 are automatically suspended; no separate order reqd
   2. it automatically revives once NE ceases to operate
   3. Any law made during Emergency, to the extent of inconsistency with Article 19, ceases to have effect immediately
   4. However, no remedy lies for anything done during the Emergency even after the Emergency expires
   5. limitations imposed by 44th CAA:
      
      • the 6 FRs under Art 19 can be suspended only when NE is declared on the grounds of war or external aggression and not on the grnds of armed rebellion
      • only those laws which are related with the Emergency are
        protected from being challenged and not other laws. Also, the executive action taken only under such a law is protected.
3. Art 359:
   
   1. FRs as such aren’t suspended bt only their enforcement i.e. Prez can suspend right to move any court for their enforcement
   2. suspension of enforcement relates to only those FRs that are specified in the Presidential Order
   3. suspension could be for the period during the operation of emergency or for a shorter period as mentioned in the order
   4. may extend to the whole or any part of the country
   5. should be laid before each House of Parliament for approval
   6. When the Order ceases to operate, any law so made, to the extent of inconsistency with the specified FR, ceases to have effect. But no remedy lies for anything done during the operation
   7. limitations imposed by 44th CAA on art 359:
      
      • Prez can’t suspend the right to move the Court for the enforcement of FRs guaranteed by Articles 20 to 21
      • only those laws which are related with the emergency are protected from being challenged and not other laws and the executive action taken only under such a law, is protected.

Question 276

Art 358 vs Art 359?

Answer 276

1. Art 358- Art 19 only; Art 359-> to all those FRs suspended by Presidential order
2. Art 358-> automatic suspension of ARt 19; Art 359-> not automatic; only empowers the president to suspend the enforcement of the specified FRs
3. Art 358: only in case of external emergency, nt for internal emergency. Art 359 for either.
4. Art 358: suspends Art 19 fr entire duration and extends to entire country; Art 359: for a period specified by Prez and may extend to a part of country
5. Art 358 suspends Art 19 completely; Art 359 doesn’t empower the suspension of the enforcement of Articles 20 and 21

Question 277

NE proclaimed so far?

Answer 277

1. 1962: Chiniese aggression; upto Jan 1968; thus a fresh proclamation was not needed at the time of war against Pakistan in 1965.
2. DEc 1971: Pak aggression; Even when this Emergency was in
   operation, a third proclamation of National Emergency was made in June
3. Both the second and third proclamations were revoked in March 1977.
4. 1975: due to ‘internal disturbance’; Shah commission did not justify the declaration of the Emergency

Question 278

Foundations of President’s rule?

Answer 278

Art 355: imposes a duty on the Centre to ensure that the government of
every state is carried on in accordance with the provisions of the Constitution

Art 356: Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state

Art 365: whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of Consti.

Question 279

Art 356:

Answer 279

• Prez can issue a proclamation
• if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the
  Constitution.
• president can act either on a report of the governor of the state or otherwise too

Question 280

Prez’s rule: approval? distinction with approval for NE?

Answer 280

1. mst be approved by both houses, by a simple majority, within two months frm date of issue
2. If LS dissolved or it gets dissolved during the 2 months period without approving the proclamation, proclamation can survive until 30days frm first sitting of next LS, provided RS approves it in the meantime.
3. approval stands for 6 months
4. can be extended for max 3 yrs period with approval every 6 months; hwever if LS gets dissolved in the meantime, similar 30 days limit stands
5. limits imposed by 44th CAA: beyond 1 yr, Prez’s rule proclamation can be extended by Parliament only if:
   
   • a NE in op in whole of India OR in whole or part of THAT state
   • EC mst certify that GE to LA of the concerned state cannot be held due to difficulties.

Question 281

Prez’s rule: revocation?

Answer 281

can be revoked at any time by a subsequent proclamation. It does nt require Parliament’s approval

Question 282

Consequences of prez’s rule?

Answer 282

1. effect on Prez’s powers
2. effect on SLA
3. effect on Parliament’s powers
4. effects on state’s HC

Question 283

Consequences of prez’s rule: effect on Prez’s powers?

Answer 283

1. He can take up the fns of the SG and powers vested in the governor or any other executive authority in the state: thus, Prez dismisses state CoM headed by CM and State Guv carries on state admin on behalf of Prez
2. can declare that the powers of the state legislature are to be exercised
   by the Parliament: thus, Prez either suspends or dissolves the SLA and Parliament passes state legislative bills and state budget.
3. can take all other necessary steps including the suspension of the
   constitutional provisions relating to any body or authority in the state.
4. When the state legislature is thus suspended or dissolved:
   1. when LS is nt in session, Prez can authorise expenditure frm state CF, bt that will hv to be sanctioned by the Parli in the future
   2. when Parliament is not in session, Prez can promulgate ordinances for the governance of the state.
   3. Parliament can delegate power to make laws fr the state to the Prez or to any other authority specified by him in this regard

Question 284

Consequences of prez’s rule: effect on SLA?

Answer 284

• Prez can declare that the powers of the SLA are to be exercised by the Parlia
• In practice, President either suspends or dissolves the SLA, Parliament takes up the legislative responsibilities of SLA
• When the state legislature is thus suspended or dissolved,
  
  • Parlia can delegate law making for the state to Prez or to any other authority specified by him for this
  • such laws by Parlia or by Prez by delegation, can confer powers and impose duties on Centre or its officers and authorities
  • when LS is nt in session, Prez can authorise expenditure frm state CF, bt that will hv to be sanctioned by the Parli in the future
  • when Parliament is not in session, Prez can promulgate ordinances for the governance of the state.

Question 285

Consequences of prez’s rule: effect on Parliament’s powers?

Answer 285

1. Prez suspends or dissolves SLA and declares that powers of SLA are to be exercised by parliament. The Parliament can then pass the state legislative bills and the state budget
2. When the state legislature is thus suspended or dissolved:
   
   1. Parliament can delegate the power to make laws for the state to the (This power to delegate is nt there when Parliament legislates on state list subjects during NE) President or to any other authority specified by him.
   2. So far, the practice has been for the president to make laws for the state in consultation with the MPs from that state. Such laws
      are known as President’s Acts.
   3. Parliament or in case of delegation, the President or any other specified authority can make laws conferring powers and imposing duties on the Centre or its officers and authorities
3. A law made by the Parliament or president or any other specified authority continues to be operative even after the President’s Rule. But it can be repealed or altered or re-enacted by the state legislature.

Question 286

Consequences of prez’s rule: effect on state HC? effect on FRs?

Answer 286

1. President cannot assume to himself the powers vested in the concerned state high court or suspend the provisions of the Constitution relating to it.
2. In other words, the constitutional position, status, powers and functions of the concerned state HC remain same even during the President’s Rule.

NO EFFECT ON FRs

Question 287

consequences of Prez’s rule: effect on C-S relations?

Answer 287

During its operation, the state executive
is dismissed and the state legislature is
either suspended or dissolved. The
president administers the state through the
governor and the Parliament makes laws
for the state. In brief, the executive and
legislative powers of the state are
assumed by the Centre.

Question 288

Consider the following statements.
1. The criminal legislations and various judicial pronouncements in India sternly deal with unlawful and subversive activities which are detrimental to the unity and integrity of India.
2. The Constitution (Forty–Second Amendment) Act, 1976 inserted and defined “anti-national activity” and is still in existence.
3. As per the Seventh Schedule of the Constitution, the responsibility of maintaining law and order, including protection of life and property, rested primarily with the State governments.
Which of the above statements is/are correct?
a) 1 only
b) 1, 2
c) 1, 3
d) 1, 2, 3

Answer 288

C

Constitution (Forty–Second Amendment) Act, 1976 inserted in the Constitution Article 31D (during Emergency) which defined “anti-national activity” and this Article 31D was, subsequently, omitted by the Constitution (Forty-third Amendment) Act, 1977

Question 289

T/F: a NE can be revoked by LS by a resolution bt such a provision for revocation of Prez’srule by LS resolution isn’t there.

Answer 289

T

can be revoked by Prez, on his own only.

Question 290

Prez’s rule:

1. imposed first time in?
2. Ambedkar’s views?

Answer 290

1. in Punjab in 1951
2. hoped that the drastic power conferred by Article 356
   would remain a ‘dead-letter’ and would be used only as a measure of last
   resort

Question 291

Prez’s rule: scope of JR?

Answer 291

1. 38th CAA: satisfaction of Prez in invoking Art 356 FINAL and Conclusive, which cud nt be challenged in any court on any ground.
2. 44th CAA: deleted the above provision–> Prez’s satisfaction nt beyond JR
3. Bommai case (1994)

Question 292

Prez’s rule: SC’s observations in Bommai case (1994)?

Answer 292

1. presidential proclamation subject to JR
2. satisfaction mst be based on relevant material; can be struck down if based on irrelevant or extraneous groundor of found to be malafide
3. Burden lies on centre to prove that relelvant materials exist
4. court cannot go into the correctness of the material or its adequacy bt only its relevance
5. if PR held invalid, SC can restore dismissed SG and revive SLA if it was suspended or dissolved
6. SLA shud be dissolved only after Parlia has approved Presidential proclamation; until then, only suspension
7. Secularism is a basic feature; hence a SG pursuing anti-secular politics can be dismissed under art 356
8. if doubts over confidence of LA in the SG, then it shud be tested on the floor of teh house and until then, ministry shud nt be unseated
9. Where a new party forms govt at the Centre, it will not have
10. the authority to dismissgovt of other parties in the states
11. power under Article 356 is an exceptional power and should be used only occasionally

Question 293

Bommai case: improper situations for imposition of Prez’s rule?

Answer 293

1. guv recommends imposition of PR without probing the possibility of forming an alternative ministry, when a SG resigns or is dismissed
2. Where the guv makes his own assessment of the support of a
   ministry in the assembly and recommends PR without allowing the ministry to prove its majority on the floor of the Assembly.
3. Where the ruling party enjoying majority support in the assembly has
   suffered a massive defeat in the general elections to the LS eg1977,1980
4. Internal disturbances not amounting to internal subversion or physical
   breakdown.
5. Maladministration in the state or allegations of corruption against the
   ministryorstringent financial exigencies
6. Where the state government is not given prior warning to rectify itself
   except in case of extreme urgency leading to disastrous consequences

Question 294

Financial emergency:

1. Art?
2. grounds?

Answer 294

1. Art 360
2. if Prez is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened

Question 295

Financial emergency: Parliamentary approval?

Answer 295

1. mst be approved by both houses, by simple majority, within 2 months frm date of its issue (if LS dissolved etc. then 30days)
2. once approved by both houses, FE can continue indefinitely till it is revoked i.e
   
   1. No max period
   2. no repeated approval needed

Question 296

Financial emergency: revocation?

Answer 296

may be revoked by Prez at any time by proclmation; doesn’t require parliamentary approval.

Question 297

Financial emergency: JR?

Answer 297

38th CAA: satisfaction of the president in declaring a Financial Emergency final and conclusive and not questionable in any court on any ground

44th CAA deleted this provision and thus, satisfaction of Prez isn’t beyond JR

Question 298

Effects of Financial Emergency?

Answer 298

1. Centre acquires full control over the states in financial matters
   
   1. Centre can direct any state to ensure financial Propriety or wrt any other matter deemed necessary and adequate for the purpose
   2. can reduce salaries and allowances of all or any class of persons serving in the state
   3. can ask for reservatin of all money bills or other Financial bills for consideration of Prez after its been passedby the SLA
   4. ca reduce salaries and allowances of all or any class of persons serving the union as well as judges of SC/HCs

Question 299

T/F: Provision of Financial emergency is inspired frm similar provisions in British Constitutin.

Answer 299

F

inspired frm National recovery act of USA, 1933

Question 300

Parliament: HIndi names adopted in?

Answer 300

1954

Question 301

Rajya sabha:

1. share of states and UTs in RS?
2. allocation of seats in the RS to the states and UTs acc to?
3. election of representatives of states?
4. election of representatives of UTs?
5. T/F: the practice of Prez nominating 12 distinguished members to RS is inspired frm American consti.

Answer 301

1. 245= 229 + 4 + 12; seat share acc to pop
2. 4th schedule
3. be elected members of SLAs in accordance with system of proportional representation by single transferable vote
4. only Delhi and Puducherry hv rep in RS; rep are indirectly elected by members of an electoral college specially constituted for the purpose
5. F; American senate has no nominated members

Question 302

Lok Sabha:

1. share of states and UTs: (a) in max strength and (b) in present strength
2. Representation of UTs?
3. rep of Anglo Indians provision: art? originally? present status?

Answer 302

1. (a) 552= 530 + 20 +2 (b) 545 = 530 + 13 + 2
2. Consti has empowered the Parliament to prescribe the manner (Not so for the state); UT (direct election to LS) Act, 1965
3. under art 331; originally to operate till 1960; 95th CAA- extended till 2020; 126th CAA did away with it.

Question 303

voting age was reduced from 21 to 18 years by the?

Answer 303

61st CAA

Question 304

Anglo Indians:

1. Defn?
2. hw many anglo Indians in India?

Answer 304

1. a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only
2. Census 2011: 296; acc to All India Anglo-Indian Association, no. is in lakhs probably

Question 305

readjustments in seats in LS after each census?

Answer 305

1. Parliament empowered-> Delimitation Commissio Acts in 1952, 1962, 1972 and 2002
2. changes in both: (a)seats allocated to the state in LS and (b)constituencies within each state
3. 42nd CAA: froze both till yr 2000 at the 1971 level
4. 84th CAA, 2001:
   
   • extended the freeze on (a) upto 2026 to encourage poplimit measure
   • empowered govt to readjust (b) otbo pop figures of 1991 census
5. 87th CAA,2003: allowed to change (b) otbo 2001 census, bt continued freezing (a)

Question 306

‘Proportional representation through single transferable vote’ mode of election is used in election of?

Answer 306

• MPs to RS
• MLAs to SLCs
• election of Prez
• VP

Question 307

‘Proportional representation through list sytem’ mode of election is used in election of?

Answer 307

Nowhere

Question 308

faults with proportional rep mode of election?

Answer 308

1. complex
2. unsuitable to parliamentary govt
3. expensive
4. no scope for organising by-elections
5. eliminates intimate voter-rep contact
6. promotes minority thinking and grp interests
7. increases significance of party system and decreases that of voter

Question 309

T/F: Constitution has fixed the term of both LS and RS.

Answer 309

F

fr RS, empowered the Parliament; RPA,1951

Question 310

qualifications for a person tobe chosen as MP?

Answer 310

• Constitutional
  
  1. citizen
  2. oath- faith and allegiance to consti AND soverignty and integrity
  3. min age: 25(LS) and 30 (RS)
• Parliamentary- RPA,1951
  
  1. regtd as an elector (2003- requirement removed)
  2. shud be a SC/ST for reserved seats

Question 311

Disqualifications for being elected as MP? Who decides?

Answer 311

• Consti:
  
  1. nt citizen of India or alleged to a foreign state
  2. office of profit (except minister or any other specified by Parlia)
  3. unsound mind(declared by court)
  4. undischarged solvent
  5. defection (10th sched)
• Parlia:
  
  1. certain election offences or corrupt practices in election
  2. offence with imprisonment of >2yrs (NOT Preventive detention)
  3. election expenses in time
  4. government contracts
  5. office of profit in a corp in which govt has at least 25% share
  6. dismissed frm govt service fr corruption or disloyalty to state
  7. promoting enmity
  8. social crimes such as untouchability, dowry and sati.
• President’s decision final; shud obtain views of EC and act accordingly.

Question 312

scenarios od double membership for MPs?

Answer 312

• elected to both houses: intimate within 10 days; if nt, loses RS seat
• sitting membr gets elected to other house: loses first seat
• elected to two seats in a house, choose one otherwise loses both
• MP and MLA: choose one within 14 days or loses parlia seat

Question 313

T/F:

If a person is elected to both the Houses of Parliament, he must intimate
within 14 days in which House he desires to serve. In default of such
intimation, his seat in the Rajya Sabha becomes vacant.

Answer 313

F

10 days

Question 314

absence of a MP leading to his seat being vacant?

Answer 314

if he is absent from all its meetings for a period of sixty days without its permission. In computing the period of sixty days, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days.

Question 315

What happens if a disqualified person is elected as MP?

Answer 315

• Consti silent
• RPA,1951 enables HC to declare an election void in that scenario; final appeal can be made to SC

Question 316

oath of an MP?

Answer 316

1. true faith and allegiance to the Constitution
2. uphold the sovereignty and integrity of India
3. faithfully discharge the duty

Question 317

T/F: consti has empowered Parliament to determine salaries, allowances and pensions of MPs.

Answer 317

F

no mention of pensions in consti

though taken care of by the Parliament

Question 318

1. salaries and allowances of the Speaker/D spkr of Lok Sabha?
2. salaries and allowances of theChairman, deputy chairman of Rajya Sabha

Answer 318

• both determined by Parliament
• both charged on consti

Question 319

Speaker of LS:

1. resigns to?
2. removal?
3. date of election?
4. what happens when his office falls vacant?
5. what happens when both he and Dep Speaker is absent?
6. oath?

Answer 319

1. deputy speaker
2. removed by a resolution passed by an absolute majority of all the members of the Lok Sabha;
   
   • 14 days’ advance notice mandatory;
   • motion can be considered and discussed only with 50members behind it at least.
   • he cannot preside bt can be present when resolution frhis removal under consideration; can also speak and vote in first instance
3. President fixes it
4. in the interim, any member appointed by prez takes over while LS elects another membre to fill the vacancy (NOT member of panel of chairpersons)
5. any of the members of panel of chairperson can ; even none of them also present, then any other person as determined by house
6. no separate oath

Question 320

T/F: President is the guardian of powersand privileges of MPs, Parliament and its committees.

Answer 320

F

Speaker and Chairman of RS

Question 321

Consider the following statements regarding the role and functions of a Speaker of the Lok Sabha.
1. Speaker is a quasi-judicial body
2. Ultimate interpreter and arbiter of those provisions which relate to the functioning of the House.
3. Sole representative of the House in the international arena.
Which of the above statements is/are correct?
a) 1, 2
b) 2, 3
c) 1, 3
d) 1, 2, 3

Answer 321

D

Question 322

fns of speaker (other than what u knw usually)?

Answer 322

1. final interpreter of the provisions of (a) the Constitution of India,
   (b) the Rules of Procedure and Conduct of Business of Lok Sabha, and
   (c) the parliamentary precedents, within the House.
2. can allow a ‘secret’ sitting of the House at the request of the Leader of
   the House
3. acts as the ex-officio chairman of the Indian Parliamentary Group
   which acts as a link between the Parliament of India and the various
   parliaments of the world
4. appoints the chairman of all the parliamentary committees of the
   Lok Sabha and supervises their functioning.
5. He himself is the chairman of the Business Advisory Committee, the Rules Committee
   and the General Purpose Committee

Question 323

T/F: Speaker’s powers of regulating procedure or conducting business or maintainingorder in the House are not subject to the jurisdiction of any Court

Answer 323

T

Question 324

T/F: President fixes the date of election of both speaker as well as deputy speaker.

Answer 324

F

only of Speaker

Speaker fixes date for election of Deputy speaker

Question 325

Deputy speaker:

1. removal?
2. position wrt speaker?
3. one special privilege?
4. oath?

Answer 325

1. same as speaker
2. Not subordinate; directly responsible to house
3. whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman.
4. no separate oath

Question 326

origin of office of Speaker and deputy speaker in India?

Answer 326

1. began under GoI act 1919, that time called prez and Deputy prez
2. in 1921, F. Whyte and Sachidanand Sinha as spkr and dep spkr of CLA
3. 1925: Vithalbhai J Patel- first indian and first elected spkr of CLA
4. GoI act 1935 changed nomenclature, bt old nomenclature continued until 1947
5. G V Mavalankar and Ananthasayanam Ayyangar- firsts

Question 327

Speaker Pro Tem:

1. appointed/election?
2. oath?

Answer 327

1. appointed by Prez
2. no separate oath; jst the oath of an MP administered by Prez

Question 328

T/F:

1. Chairman of RS is not a member of the House
2. unlike the speakr, chairman of RS doesn’t even hv the casting vote
3. VP can’t vote on the resolution for his removal, while Speaker can vote in his case.
4. When a VP acts as prez or discharges his duties, he isn’t entitled to any salary or allowance payable to Chairman of RS, bt that of Prez.

Answer 328

1. T
2. F, gets a casting vote
3. T
4. T

Question 329

Deputy chairman of RS:

1. removal?

Answer 329

1. by a resolution passed by an absolute majority of all the members of
 the RS (14 days' notice)

Question 330

Leader of house:

1. T/F: he is always a minister.
2. constitutional/statutory post?

Answer 330

1. T
2. mentioned in Rules of House

Question 331

Leader of opposition:

1. who?
2. constitutinal/statutory body?
3. first time?
4. facilities?

Answer 331

1. leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House
2. mentioned in parliamentary statute (1977)
3. 1969
4. same as a cabinet minister

Question 332

Whip:

1. Constitutional/statutory?

Answer 332

1. nowhere; based on Parliamentary conventions

Question 333

Terms associated with Sessions of parliament?

Answer 333

1. Summoning: by Prez; max gap 6months
2. adjournment: suspends the work in a sitting for a specified time
3. recess: between the prorogation of a House and its reassembly
4. Adjournment sine die: terminating a sitting of Parliament for an indefinite period; done by speaker
5. prorogation: Adjournment sine die by spkr followed by prorogation by Prez
6. Dissolution:

Question 334

lapse on the dissolution of the Lok Sabha

Answer 334

1. bill pending in LS: lapse (except some pending bills and all pending
   assurances that are to be examined by the Committee on Government
   Assurances do not )
2. bill passed by LS, pending in RS: lapse
3. if joint sitting notified before dissolution, doesn’t lapse
4. pending in RS doesn’t lapse
5. passed by both houses bt pending before Prez, doesn’t lapse
6. passed by both houses bt returned by Prez for reconsideration, doesn’t lapse
   7.

Question 335

T/F: Constitution has declared that any of the scheduled languages can be used for
transacting business in the Parliament

Answer 335

F

consti has only mentioned hindi & english

Question 336

DEVICES OF PARLIAMENTARY PROCEEDINGS?

Answer 336

1. Question hour
2. Zero hr
3. motions
4. point of order
5. half an hour discussion
6. short duration discussion
7. special mention
8. resolutions

Question 337

Question hour?

Answer 337

1. mentioned in the Rules of Procedure
2. first hr of every parliamentary sitting
3. members ask and ministers answer, though questions can be asked of pvt members too abt some Bill, resolution or other matter connected with the business of the House for which that member is responsible
   
   • ​starred (oral, supplementary ques allowed), unstarred (written,no supplementary ques) and short notice (<10days) questions

Question 338

Zero Hour?

Answer 338

1. infrmal device; nt mentioned in Rules of procedure
2. an Indian innovation in the field of parliamentary procedures, since1962
3. For MPs to raise matters without any prior notice
4. starts immediately after the question hour and lasts until the agenda for the day

Question 339

Motions: types?

Answer 339

1. substantive
2. substitute
3. subsidiary
   
   1. ancilliary
   2. superseding
   3. amendment
4. Closure motion:
   
   1. simple
   2. closure by compartments
   3. Kangaroo closure
   4. Guillotine closure
5. Privilege motion
6. Calling attention motion
7. Adjournment motion
8. No-Confidence motion
9. Censure motion
10. Motion of thanks

Question 340

T/F; no discussion on a matter of general public importancecan happen except on a motion made in house, with consent of presiding officer.

Answer 340

T

Question 341

Substantive Motion?

Answer 341

It is a self-contained independent proposal dealing
with a very important matter like impeachment of the President or
removal of Chief Election Commissioner

Question 342

Substitute motion vs Superseding motion?

Answer 342

• Superseding motion is a type of subsidiary motion, that is moved in course of debate on another issue and seeks to supersede that issue

Question 343

explain different types of closure motion?

Answer 343

1. Simple: matter havingbeen sufficiently discussed be now put to vote
2. Closure by compartments: clauses of a bill or a lengthy resolution are grouped into parts before the commencement of the debate followed by part-wise vote
3. Kangaroo closure: only important clauses debated and voted on; other taken as passed
4. Guillotine closure: undiscussed clauses of a bill or resolution are put to vote along with discussed ones due to shortage of time.

Question 344

Privilege motion?

Answer 344

• breach of parliamentary privileges by a minister
• Censures a minister
• moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts

Question 345

Consider the following statements regarding Privilege motion.

1. It can be moved only in the Lok Sabha.
2. Any notice should be relating to an incident of recent occurrence.
3. The Speaker is the first level of scrutiny of a privilege motion.

Which of the above statements is/are correct? a) 1, 2 b) 1, 3 c) 2, 3 d) 1, 2, 3

Answer 345

C

A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege. A member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof. The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House. The Speaker/RS chairperson is the first level of scrutiny of a privilege motion. The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.

Question 346

Calling attention motion?

Answer 346

• by a MP, to call the attention of a minister to a matter of urgent public
  importance, and to seek an authoritative statement from him on that matter
• an Indian innovation, inexistence since 1954, and mentioned in rules of Procedure

Question 347

Adjournment Motion?

Answer 347

• to draw attention of the House to a definite matter of urgent public importance
• needs support of 50 members to be admitted
• interrupts normal business of the house-> Extraordinary device
• >=2.5hr discussion
• restrictions:
  
  • definite, factual, urgent and of public importance;
  • not cover more than one matter;
  • specific matter of recent occurrence; not be framed in general terms
  • should not raise a question of privilege
  • not revive discussion on a matter that has been discussed in the
    same session
  • not deal with any matter that is under adjudication by court
  • not raise any question that can be raised on a distinct motion

Question 348

Censure motion?

Answer 348

1. censure literally means expression of strong disapproval or harsh criticism
2. can be moved in LS only
3. should state the reasons for its adoption
4. moved against an individual minister or a group of ministers or the entire council of ministers
5. If it is passed in the Lok Sabha, the council of ministers need not resign
   from the office.

Question 349

No-Confidence motion?

Answer 349

1. Art 75
2. in LS only
3. A no-Confidence Motion is governed by the provisions in the Rules of Procedure and Conduct of the Lok Sabha.
4. need not state the reasons for its adoption in the Lok Sabha.
5. can be moved against the entire council of ministers only
6. moved for ascertaining the confidence of Lok Sabha in the council of ministers (different frm censuring)
7. This motion can be moved when “the Member asking for leave shall, by 10.00 hours on that day give to the Secretary-General a written notice of the motion which such member proposes to move.” The Speaker then, once satisfied that the motion is in order, will ask the House if the motion can be adopted. Those Members that support the motion will have to rise in their seats, and with a minimum of 50 Members’ approval, the motion can be moved.
8. if passed by a simple majority , CoM has to resign.

Question 350

Point of Order

Answer 350

• any member can raise Point of Order when proceedings of the House don’t follow the normal rules of procedure
• should relate to the interpretation or enforcement of the Rules of the House or such articles of the Constitution that regulate the business of the House
• should raise a question that is within the cognizance of the Speaker
• It is an extraordinary device as it suspends the proceedings before the House
• No debate is allowed on a point of order
• ussually raised by a member of opposition to control Govt

Question 351

Half-an-Hour Discussion

Answer 351

• for discussing a matter of sufficient public importance, which has been subjected to a lot of debate and the answer to which needs elucidation
  on a matter of fact
• no formal motion or voting before the House

Question 352

Short Duration Discussion

Answer 352

• aka 2 hr-discussion since <=2hr
• member can raise such discussions on a matter of urgent public importance
• no formal motion or voting
• since 1953

Question 353

Special Mention

Answer 353

• in RS only
• a matter that can’t be raised under any of the other devices or rules
• same as LS’s ‘Notice (Mention) Under Rule 377’

Question 354

resolutions: what? types?

Answer 354

• members can move resolutions to draw attention of house or govt to matters of general public importance
• member who has moved a resolution or amendment to a resolution cannot
  withdraw the same except by leave of the House
• categories:
  
  1. Pvt member’s resolution
  2. Govt resolution
  3. Statutory resolution: eithr by a pvt member or a minister; always in pursuance of a provision in the Constitution or an Act of Parliament
• All resolutions come in category of substantive motions; further, all motions are not necessarily put to vote of the House, whereas all the resolutions are required to be voted upon

Question 355

Public bills vs pvt bill: difference in notice period?

Answer 355

• Public bill- requires 7 days notice; pvt members’ bills require 1 month notice

Question 356

procedure for passage of ordinary bill?

Answer 356

1. first reading- no discussion- intro in house and publishment in gazette of iNdia
   
   • If a bill is published in the Gazette before its introduction, leave of the House to introduce the bill is not necessary
2. ​second reading: general and detailed scrutiny
   
   1. Stage of General Discussion: 4 options (take into consideration OR select committee OR joint committe OR circulate for public opinion)
   2. committee stage
   3. consideration stage: claue by clause discussion and voting; amendments can be moved
3. Third reading: debate confined to acceptnce or rejectn of bill as whole; no amendments allowed
4. once passed, bill authenticated by Presiding officer and transmitted to other house

Question 357

When can Prez summon joint sitting?

Answer 357

• For an ordinary bill only

1. if the first House rejects the amendments suggested by the second House or
2. the second House rejects the bill altogether or
3. the second House does not take any action for six months

Question 358

Money bill defn?

Answer 358

• Art 110
• If any question arises whether a bill is a money bill or not, the decision of
  the Speaker of the Lok Sabha is final and it cannot be questioned in any court or any house of Parliament or even by Prez

1. tax
2. borrowing of money by CG
3. custody of CFI or Contingency Fund of India
4. payment or withdrawal frm any of above two fund
5. appropriation of money out of the CFI
6. Declaration of any expenditure charged on the CFI or increasing such amt
7. receipt of money on account of the CFI or PAI
8. audit of the accounts of the Union or of a state

Question 359

T/F: the imposition, abolition, remission, alteration or regulation of any tax by
any local authority or body for local purposes doesn;t come under money bill defn?

Answer 359

T

Question 360

T/F: If any question arises whether a bill is a money bill or not, the decision of
the Speaker of the Lok Sabha is final and it cannot be questioned in any court or any house of Parliament or even by Prez.

Answer 360

T

Question 361

passage of Money bill?

Answer 361

1. only in LS
2. only on recommendation of Prez
3. every such bill is govt bill and can be introducedonly by minister
4. RS cannot amend or reject a money bill; must return the bill to the Lok Sabha within 14 days, wither with or without recommendations
5. when a money bill is presented to the president, he may either give
   his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration

Question 362

Financial Bills?

Answer 362

• three kinds: Money bill (Art 110), Financial Bill (I) (Art 117(1)) and Financial Bill (II) (Art 117(3))
• Financial Bill (I): matters of Art 110 + other matters of general legislation
  
  1. can be introduced only in LS
  2. intro and passage only on recommendation of Prez
  3. in all other respects, same as ordinary bill i.e. can be accepted, amended (other than for reduction or abolition of a tax+ any amendment requires prior approval of Prez) or rejected by RS
  4. provision of joint sitting
  5. prez can also return the bill for reconsideration
• Financial Bill (II): contains provisions involving expenditure fromCFI, but doesn’t include any of the matters mentioned in Article 110
  
  1. treated as an ordinary bill and in all respects, it is governed by the same legislative procedure except that its consideration in either house requires prior permission of Prez for passage,
  2. Recommendation for passing the Bill and not Introducing the Bill

Question 363

T/F: Chairman of Rajya Sabha does not preside over a joint sitting under any circumstances.

Answer 363

T

sincehe isn’t a member of either house

Question 364

1. T/F: new amendments to the bill cannot be proposed at a joint sitting.
2. bills passed at joint sittings?

Answer 364

1. F; two types of amendments allowed
2. bills that have been passed at joint sittings are:
3. Dowry Prohibition Bill, 1960
4. Banking Service Commission (Repeal) Bill, 1977
5. Prevention of Terrorism Bill, 2002

Question 365

Consti provisions abt Budget (other than what u already knew)?

Answer 365

1. Parliament can reduce or abolish a tax but cannot increase it.
2. estimates of expenditure embodied in the budget shall show separately the expenditure charged on the CFI and the expenditure made from the CFI
3. budget shall distinguish expenditure on revenue account from other
   expenditure
4. The expenditure charged on the Consolidated Fund of India shall not be
   submitted to the vote of Parliament. However, it can be discussed by the
   Parliament.

Question 366

list of the charged expenditure?

Answer 366

1. Emoluments and allowances of the President and other expenditure
   relating to his office
2. Salaries and allowances of Speaker/Deputy Speaker and Chairman/D.Chai.
3. Salaries, allowances and pensions of the judges of the SC
4. Pensions of the judges of high courts (not salary)
5. Salary, allowances and pension of the CAG, UPSC members
6. Administrative expenses of SC, office of CAG, UPSC
7. debt charges for which GoI is liable incl
   
   1. interest
   2. sinking fund charges
   3. redemption charges
   4. other expenditure relating to the raising of loans and the service and redemption of debt
8. Any sum required to satisfy any judgement, decree or award of any court or arbitral tribunal.
9. Any sum required to satisfy any judgement, decree or award of any court or arbitral tribunal.

Question 367

TYpes of cut motion in Budget voting?

Answer 367

1. Policy Cut Motion It represents the disapproval of the policy underlying
   the demand. It states that the amount of the demand be reduced to Re 1. The members can also advocate an alternative policy.
2. Economy Cut Motion It states that the amount of the demand be reduced by a specified amount (which may be either a lumpsum reduction in the demand or ommission or reduction of an item in the demand).
3. Token Cut Motion It ventilates a specific grievance that is within the
   sphere of responsibility of the Government of India. It states that the amount of the demand be reduced by Rs 100.

Question 368

Cut motions: abt?

Answer 368

• can be moved only during voting (after reports ofdeptt standing committees)
• to be admissible, must satisfy the following conditions:
  
  1. related to one demand only
  2. clearly expressed; no arguments or defamatory statements
  3. confined to one specific matter
  4. shud nt suggest amendment or repeal of existing laws
  5. should not refer CG to a matter that is not primarily the concern of CG
  6. should not relate to a matter that is under adjudication by a court
  7. should not raise a question of privilege
  8. should not revive discussion on a matter on which a decision has been taken in the same session
  9. should not relate to a trivial matter
• Their passage by the LS amounts to the expressions of want of parliamentary confidence in govt, thus never passed

Question 369

Appropriation Bill passing?

Answer 369

1. provide for the appropriation, out of CFI, all money reqd to meet:
   
   1. grants voted by the Lok Sabha
   2. expenditure charged on the CFI
2. No such amendment can be proposed in either house that will have the effect of
   
   • varying the amount or
   • altering the destination of any grant voted, or
   • of varying the amount of any expenditure charged

Question 370

Passing of Finance Bill?

Answer 370

1. to give effect to the financial proposals of the GoI for the following year
2. subjected to all the conditions applicable to a Money Bill
3. Unlike the Appropriation Bill, the amendments (seeking to reject or reduce a tax) can be moved in the case of finance bill.
4. According to the Provisional Collection of Taxes Act of 1931, the Finance
   Bill must be enacted (i.e., passed by the Parliament and assented to by the
   president) within 75 days.
5. Finance Act legalises the income side of the budget and completes the
   process of the enactment of the budget

Question 371

Different types of grants made by parliament?

Answer 371

• Not Budgetary

1. Supplementary grant: amt authorised through Appropriation Act for a particular service is found to be insufficient
2. Additional Grant: when a need has arisen during the current FY for additional expenditure upon some new service
3. Excess Grant: when money has been spent on any service during a FY in excess of the amount granted for that service in the budget
   
   • voted by the Lok Sabha after the FY
   • Before the demands for excess grants are submitted to the LS for voting, they must be approved by the PAC
4. ​Vote of Credit: granted for meeting an unexpected demand upon the
   resources of India, when on account of the magnitude or the indefinite
   character of the service, the demand cannot be stated with the details
   ordinarily given in a budget. Like a Blank cheque to executive
5. Exceptional grant: granted for a special purpose and forms no part of cuurent services of any FY
6. Token grant: when funds to meet the proposed expenditure on
   a new service can be made available by reappropriation; grant fr token sum of Re1

Question 372

CFI: sources?

Answer 372

1. all revenues received by GoI
2. all loans raised by GoI by the issue of treasury bills, loans or ways and means of advances
3. all money received by the government in repayment of loans

Question 373

Public Account of India?

Answer 373

1. All other public money (other than those which are credited to the CFI) received by or on behalf of the GoI shall be credited to PAC
2. includes provident fund deposits, judicial deposits, savings bank
   deposits, departmental deposits, remittances etc
3. operated by executive action
4. mostly in nature of banking transactions

Question 374

Contingency Fund of India?

Answer 374

1. Constitution authorised the Parliament to establish
2. Accordingly, contingency fund of India Act in 1950
3. at dsposal of prez; held by Fin secy
4. Prez can make advances out of it to meet unforeseen expenditure pending its authorisation by the Parliament.

Question 375

Parliament can make laws on state subjects under what conditions?

Answer 375

1. RS passes resolution to such effect
2. NE
3. 2 or more states make such request
4. when necessary to give effect to international agreements, treaties and
   conventions.
5. President’s rule

Question 376

T/F: Passage of censure motion means fall of Govt.

Answer 376

F

Though, CoM are bound to seek the confidence of Lok Sabha as early as possible

Question 377

Special powers of RS?

Answer 377

1. Art 249: can authorise the Parliament to make a law on a subject of state list
2. Art 312: authorise the Parliament to create new All-India Services common
   to both the Centre and states

Question 378

T/F: Constitution has also extended the parliamentary privileges to those
persons who are entitled to speak and take part in the proceedings of a House
of Parliament or any of its committees.

Answer 378

T

Question 379

Source of Parliamentary Privileges?

Answer 379

1. Constitution (Article 105) expressedly mentioned two privileges:
   
   1. freedom of speech in Parliament
   2. right of publication of its proceedings
2. wrt other privileges, it provided that they were to be the same as those of the British House of Commons, its committees and its members on the date of its commencement (ie, 26 January, 1950), until defined by Parliament. 44th CAA made only verbal changes by dropping a direct reference to the British House of Commons
3. parliament hasn’t made any specific law for the codification
4. 5 sources in total:
   
   1. Consti
   2. various laws made by Parlia
   3. rules of both houses
   4. parliamentary conventions
   5. Judicial interpretations

Question 380

Principle of Soverignty of Parliament (parliamentary supremacy)?

Is Indian Parliament soverign?

Answer 380

1. Parliament can make, amend, substitute or repeal any law
2. Parliament can make constitutional laws by the same procedure as
   ordinary laws i.e. no legal distinction betn constituent authority and the legislative authority
3. Parliamentary laws cannot be declared invalid by the Judiciary as
   being unconstitutional

NO

Question 381

Parliamenatry committees:

1. T/F: Consti doesn’t mention them.
2. T/F: relevant laws provide for the composition for Parliamentary committee.
3. conditions for being called a Parliamentary committee?

Answer 381

1. F; mentions, bt no specific provision regarding their composition
2. F; House rules
3. conditions:
   
   1. appointed or elected by the House or nominated by the spkr/chair
   2. Works under the direction of the Speaker / Chairman
   3. Presents its report to the House or to the Speaker / Chairman
   4. Has a secretariat provided by the LS/RS

Question 382

Public Accunts Committee:

1. origin?
2. composition?
3. selection/appointment?
4. term?
5. chairman?
6. eligibility of a minister?

Answer 382

1. set up first in 1921, under GoI Act 1919
2. 22(15+7)
3. elected by Parliament frm amongst members acc to principle of PR by STV
4. 1 yr
5. appointed frm amongst members by spkr; since 1967, a member of opp.
6. NO

Question 383

Public Accts Committee:

Fns?

Answer 383

fns:

1. examine annual audit the 3 reports of CAG-
   
   1. audit report on appropriation accounts,
   2. audit report on finance accounts and
   3. audit report on public undertakings (except those PSUs that are allotted to Committee on Public undertakings)
2. examines public expenditure frm legal, technical and economical views
3. examine appropriation accts-compare the actual expenditure with the expenditure sanctioned by the Parlia through the Appropriation Act
4. examine Finance accts-shows the annual receipts and disbursements of the CG
5. examine the accounts of state corporations, trading concerns and
6. manufacturing projects
7. examine the accounts of autonomous and semi-autonomous bodies, the audit of which is conducted by the CAG
8. examine the money spent on any service during a FY in excess of the amount granted by the Lok Sabha for that purpose

Question 384

Public Accts Committee:

limitations?

Answer 384

1. not concerned with the questions of policy in broader sense
2. conducts a post-mortem examination of accounts
3. cannot intervene in the matters of day-to-day administration
4. recommendations are advisory and not binding
5. not vested with the power of disallowance of expenditures by the
   departments.
6. not an executive body and hence, cannot issue an order. Only the
   Parliament can take a final decision on its findings

Question 385

Estimates committee:

1. origin?
2. composition?
3. selection/appointment?
4. term?
5. chairman?
6. eligibility of a minister?

Answer 385

1. standing financial committee set up in 1921; first Estimates Committee in the postindependence era was constituted in 1950 on the recommend of John Mathai, the then FM
2. 30members (25 before 1956); all LS
3. elected by LS acc to PR by STV
4. 1yr
5. appointed by the Speaker from amongst its members;frm ruling party
6. NO

Question 386

Estimates committee:

Fns?

Answer 386

1. suggest economies, improvements in organisation, efficiency and
   administrative reform consistent with policy underlying the estimates
2. suggest alternative policies to bring efficiency and economy in admin
3. suggest form in which estimates are to be presented to parliament
4. not be incumbent on the Committee to examine the entire estimates of any one year

Question 387

Estimates committee:

limitations?

Answer 387

1. examines the budget estimates only alter they have been voted by the
   Parliament, and not before that.
2. cannot question the policy laid down by the Parliament
3. recommendations are advisory and not binding on the ministries
4. examines every year only certain selected ministries and departments by rotation
5. lacks the expert assistance of the CAG which is available to the Public
   Accounts Committee

Question 388

Committee on Public Undertakings:

1. origin?
2. composition?
3. selection/appointment?
4. term?
5. chairman?
6. eligibility of a minister?

Answer 388

1. created in 1964 on the recommendation of the Krishna Menon Committee
2. 22(15+7) (15 before 1974)
3. elected by Parlia amongst its own members by PR by STV
4. 1 yr
5. appointed by spkr, from amongst its members who are drawn from LS only
6. NO

Question 389

Committee on Public Undertakings:

fns?

Answer 389

1. examine the reports and accounts of public undertakings
2. examine the reports of CAG on PUs
3. examine whether the affairs of the PUs are being managed in accordance with sound business principles
4. any other fn allotted to it by spkr

Question 390

Committee on Public Undertakings:

limitations?

Answer 390

1. cannot take up the examination of more than ten to twelve public
   undertakings in a year
2. work is in the nature of a post-mortem
3. does not look into technical matters as its members are not technical
   experts.
4. recommendations are advisory and not binding on the ministries

Question 391

DEPARTMENTAL STANDING COMMITTEES?

Answer 391

1. 24 (up frm 17 in 2004) (8 under RS, 16 under LS)
2. each has 31 members (21+10)
3. members are nominated by the respective spkr/chairman
4. Minister NOT eligible
5. term 1 yr

Question 392

DEPARTMENTAL STANDING COMMITTEES under RS?

Answer 392

1. Commerce
2. Home Affairs
3. HRD
4. Industry
5. S&T, Env & forests
6. Transport, Tourism and culture
7. Health and Family welfare
8. Personnel, Public Grievances, Law and Justice

Question 393

DEPARTMENTAL STANDING COMMITTEES:

fatcs u shud knw?

Answer 393

1. While considering demands for grants of ministeries/deptts, Its
   report should not suggest anything of the nature of cut motions
2. Afetr general discussion on budget, While considering demands for grants of ministeries/deptts, they shall make their report within the period and shall not ask for more time.

Question 394

Standing Parliamentary committees headed by Speaker?

Answer 394

1. Business advisory committee
2. General Puurposescommittee
3. Rules committee

Question 395

term of Standing Parliamentary committees?

Answer 395

• all 1yr except:
  
  1. Committee of Privileges: Not fixed. May continue in office till reconstituted.
  2. Joint Committee on Offices of Profit: For the duration of one Lok Sabha
  3. Rules Committee: Not fixed. May continue in office till reconstituted.

Question 396

Standing Parliamentary committees: nominated or elected?

Answer 396

• All nominated except
  
  1. General Purposes Committee: All members are ex-officio members by virtue of being chairmen of respective standing committees and leaders of respective parties.
  2. Joint Committee on Offices of Profit: elected
  3. Committee on the Welfare of Scheduled Castes & Scheduled Tribes: elected

Question 397

abolition or creation of legislative
councils in states?

Answer 397

• Consti provide fr it
• parliament can create or abolish, if the LA of the concerned state passes a resolution to that effect by a special majority
• Such an act of parliament not deemed as an amendment under Art 368, and is passed like an ordinary legislation with simple majority

Question 398

Name states that had LC in past bt do not hv one nw?

Answer 398

1. TN
2. PJ
3. WB

Question 399

Compositionof SLA?

Answer 399

1. max fixed at 500, min at 60. However, fr somestates the min limit are diff
   
   1. Arunachal P: 30
   2. Sikkim: 30
   3. Goa: 30
   4. Mizoram: 40
   5. Nagaland: 46
2. some members of the LA of Sikkim and Nagaland also elected indirectly
3. nominated member: 1 Anglo-Indian ; originally for 10 yrs
4. Constitution provided for the reservation of seats for scheduled castes and scheduled tribes in the assembly of each state on the basis of population ratios

Question 400

Composition of SLC?

Answer 400

1. Constitution has fixed the max and the min limits, the actual strength of a Council is fixed by Parliament
   
   1. max strength= 1/3rd of total SLA strength
   2. min=40
2. election procedure laid down in consti bt nt final and can be changed by parliament (though not done yet)
   
   1. 1/3rd elected by members of local bodies in state
   2. 1/12th by Graduates of 3 yrs stndg and residing within the state
   3. 1/12th elected by teachers of 3 yrs stndg in the state, nt lower than secondary school
   4. 1/3rd by members of SLA
   5. 1/6th nominated by Guv from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service
3. Election acc to PR by STV
4. The bonafides or propriety of the governor’s nomination in any case cannot be challenged in the courts.

Question 401

Duration of SLA during NE?

Answer 401

can be extended during NE by a lawof Parliament fr 1 yr at a time (indefinitely);

bt nt beyond 6 months after revocation of emergency

Question 402

Term of SLC?same as RS

Answer 402

Same as RS

Question 403

Qualifications for being chosen as MLA?

Answer 403

• Consti qualifications same as for MP
• qualifications laid down by Parliaunder RPA,1951:
  
  1. SLC: must be an elector for an assembly constituency in the concerned state and to be qualified for the governor’s nomination, he must be a resident in the concerned state
  2. SLA: must be an elector for an assembly constituency in the concerned state
  3. mst be a SC/ST if he wants to contest a seat reserved for them

Question 404

Disqualification of a person for being a MLA?

Answer 404

• all same as for MP
• decisions of Guv, and it is final; though he should obtain opinion of EC(nt SEC)

Question 405

What happens when a person is elected to both houses of State legislature?

Answer 405

his seat in one of the Houses falls vacant as per the provisions
of a law made by the state legislature

Question 406

1. removal of speaker of SLA?
2. removal of deputy speaker of SLA?
3. removal of chairperson of SLC?
4. removal of deputy chairperson of SLC?

Answer 406

All by resolution passed by absolute majority

resolution can be moved only after 14 days’ advance notice

Question 407

Quorum for a house in state legislature?

Answer 407

1/10th or 10 members (including Presiding officer), whichever is greater

Question 408

T/F: Constitution has declared the official language(s) Hindi or
English, to be the languages for transacting business in the state legislature

Answer 408

T

along with official language of the state

Question 409

SLA vs SLC wrt ordinary bill?

Answer 409

FOR A BILL ORIGINATING IN SLA

If,

• the assembly rejects the amendments suggested by the council,OR
• council rejects the bill altogether, OR
• council does not take any action for three months

Then,

assembly may pass the bill again and transmit the same to the council. If,

• the council rejects the bill again, OR
• passes the bill with amendments not acceptable to the assembly, OR
• doesn’t pass the bill within one month

then, bill is deemed to have been passed by both the Houses in the form in which it was passed by the assembly for the second time

FOR A BILL ORIGINATING IN SLC

iF REJECTED BY SLA, BILL ENDS AND BECOMES DEAD.

Question 410

T/F: In the case of deadlock betn SLA and SLC, Guv can call for joint sitting, bt on the advice of CoM only.

T/F: Deadlocks cannot happen in SL.

Answer 410

F

Constitution does not provide for the mechanism of joint sitting for SL

F; They can bt no provision of joint sitting

Question 411

Assent of the Guv after passage in SL?

Answer 411

1. Ordinary bill

• If the governor withholds his assent to the bill, the bill ends
• If the governor returns the bill for reconsideration and if the bill is passed by the House or both the Houses again, with or without amendments, and presented to the governor for his assent, the governor must give his assent to the bill
• he may reserve the bill for the consideration of the President

2. Money Bill

• can give or withold his assent or reserve it for Prez But cannot return the bill for reconsideration
• Normally, the governor gives his assent to a money bill as it is introduced in the state legislature with his prior permission

Question 412

1. when is Reserving the bill for the consideration of the president by the guv is mandatory?
2. other situations where he CAN choose to do so?

Answer 412

1. where the bill passed by the state legislature endangers the position of the state high court
2. if bill is of following nature:
   
   1. Ultra-vires, that is, against the provisions of the Constitution.
   2. Opposed to the Directive Principles of State Policy.
   3. Against the larger interest of the country.
   4. Of grave national importance.
   5. Dealing with compulsory acquisition of property under Article
      31A of the Constitution.

Question 413

Assent of the President When a bill is reserved by the governor for the
consideration of the President?

Answer 413

1. Ordinary Bill

• President may
  
  • give his assent OR
  • withhold his assent OR
  • return the bill for reconsideration of SL
• When a bill is so returned, the House or Houses have to reconsider it within a period of six months.
• When the bill is presented again to the presidential assent, It is not mentioned in the Constitution whether it is obligatory on the part of the president to give his assent to such a bill or not.

​ 2. Money Bill

• president may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration of the SL

Question 414

T/F: If the state bill, referred by Guv, is returned by the President for the reconsideration of the House or Houses and is passed again, the bill must be presented again for the
presidential assent only.

Answer 414

T

assent of the Governor is no longer required.

Question 415

T/F: jurisdiction of the Supreme Court is greater
than that of its prodecessor i.e. Federal Court of INdia.

Answer 415

T

SC replaced British Privy Council as the highest court of appeal

Question 416

SC:

1. no. of judges? originally?
2. no. decided by?
3. appointment of puisine judges?
4. T/F: There is no mention of ‘collegium’ in Consti.
5. appointment of CJI?
6. Qualifications of Judges?
7. term?
8. questions relating to his age?
9. conditions of service determined by?

Answer 416

1. 34 (incl CJI) (recently increased frm 31); originally 8
2. Parliament
3. After Third judges case, appointment is to be made by Prez acc to advice rendered by collegium of 4 seniormost judges plus CJI
4. T
5. in the Second Judges Case (1993), the SC ruled that the seniormost judge of the SC should alone be appointed to the office of CJI
6. following qualifications:
   
   • citizen AND
   • judge of HC fr 5 yrs OR
   • advocate of HC fr 10 yrs OR
   • shud be a distinguished jurist in Prez’s opinion
   • NO MIN AGE
7. ​until 65 yrs age
8. by such authority and in such manner as provided by Parliament
9. parliament

Question 417

SC: oath?

Answer 417

• President, or some person appointed by him for this purpose
• swears
  
  1. true faith and allegiance to Consti
  2. uphold sovereignty and integrity of INdia
  3. duly and faithfully ad to best of his ability perform duties
  4. uphold Consti and the laws

Question 418

SC: removal of judge?

Answer 418

1. By an order of Prez that can happen only after
   
   1. an address by Parliament for the removal in the same session
   2. address supported by special majority
   3. Only two grounds of removal- misbehaviour and incapacity
2. Procedure of removal regulated by Judges Enquiry act, 1968
   
   1. removal motion signed by 100 members(LS) OR 50 members (RS) and then given to spkr/chairman
   2. spkr/chairman may admit or refuse the motion
   3. If admitted, Spkr/chairman will constitute 3-member committee to investigate consisting of:
      
      • CJI/SC judge
      • CJ of a HC
      • a distinguished jurist
   4. if committee finds him guilty of Misbehaviour or incapacity, house can take up consideration
   5. each house needs special majority to pass motion

Question 419

Consider the following statements regarding the procedure for removal of a judge of the Supreme Court according to Judges Enquiry Act (1968).
1. The prior permission of President is necessary for introducing any motion to impeach a judge.
2. The charges against the judge must be investigated by a committee appointed by the presiding officer of the house.
Which of the above statements is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer 419

B

No prior consent of President is needed

Question 420

Prez can appoint a judge of SC as acting CJI when?

Answer 420

1. CJI is temporarily absent
2. CJI’s office vacant
3. CJI unable to perform his duties

Question 421

Ad Hoc Judge of SC:

1. who can appoint?
2. when?
3. procedure of appointment?
4. qualification?

Answer 421

1. CJI
2. when there is lack of quorum of permanent judges to hold or continue any session of SC (Not to share workload)
3. can do so only after consultation with CJ of relevant HC and previous consent of Prez
4. only a judge of HC who should be qualified for appointment as a judge of SC

Question 422

Retired Judges actins as SC judge:

1. who can appoint?
2. procedure?
3. qualification?
4. T/F: such a judge shall receive the allowances of a SCjudge while acting as SC judge.
5. T/F: during his time of service, he will be deemed to be a judge of Sc, for all intents and purpose.

Answer 422

1. by CJI
2. only with previous consent of Prez
3. retired SC judge or a HC judge(qualified to be a SC judge)
4. F; to be decided by Prez
5. F; though enjoy all juris, powers and privileges, he won’t be deemed as a SC judge

Question 423

1. T/F: Consti declares Delhi as seat of SC.
2. T/F: Consti authorises Prez to to appoint other place or places as seat of SC.
3. T/F: All constitutional cases are decided by a bench of not less than 5 judges
4. T/F: All references made by Prez to SC under Art 143 are decided by a bench of not less than 5 judges

Answer 423

1. T
2. F; Consti authorizes CJI, though with approval of Prez
3. T
4. T

Question 424

limitations of original jurisdiction wrt Federal disputes of SC?

Answer 424

1. the dispute must involve a question (whether of law or fact) on which the existence or extent of a legal right depends. Thus, the questions of political nature are excluded from it.
2. A dispute arising out of any pre-Constitution treaty, agreement, covenant,
   engagement etc.
3. A dispute arising out of any treaty, agreement, etc., which specifically
   provides that the said jurisdiction does not extent to such a dispute
4. Inter-state water disputes
5. Matters referred to the Finance Commission
6. Ordinary dispute of Commercial nature between the Centre and the states
7. Recovery of damages by a state against the Centre.

Question 425

Appellate Jurisdiction of SC?

Answer 425

1. Consti matters:
2. Civil matters:
3. Criminal matters:
4. Any other civil or criminal appellate jurisdiction that extended to Federal Court of India bt nt mentioned specifically here
5. Appeal by Special leave

Question 426

Appellate Jurisdiction of SC : in Constitutional matters?

Answer 426

against HC judgement, if HC certifies that the case involves a substantial question of law that requires the interpretation of Consti

Question 427

Appellate Jurisdiction of SC: in Civil Matters?

Answer 427

if HC certifies

1. substantial question of law of general importance OR
2. question needs to be decided by SC
3. originally monetary limit, bt removed by 1972 CAA

Question 428

Appellate Jurisdiction of SC in criminal matters?

Answer 428

if HC

1. has on appeal reversed an order of acquittal and sentenced him to death
2. has taken before itself any case from any subordinate court and convicted and seentenced him to death
3. certifies that the case is a fit one for appeal to SC
4. in 1 and 2, appeal a right (i.e. without any certi of HC)
5. if the high court has reversed the order of conviction and has ordered the acquittal, there is no right to appeal to the SC
6. In 1970, the Parliament had enlarged the Criminal Appellate Jurisdiction of SC
   
   • if HC, has on appeal reversed an order of acquittal/ taken before itself any case from any subordinate court and sentenced him to 10 yrs or life imprisonment

Question 429

Appellate Jurisdiction of SC: appeal by special leave?

Answer 429

SC can, in its discretion (thus nt a right of any petitioner), grant special leave to appeal frm any judgement (final or interlocutory) in any matter(consti, civil, criminal, income tax, labor etc.) passed by any court or tribunal in Country (except Military tribunal or Court martial)

Question 430

Advisory Jurisdiction of SC?

Answer 430

• Art 143: Prez can seek opinion of SC in 2 categoris of matters
  
  1. On any question of law or fact of public importance which has arisen or which is likely to arise.
  2. On any dispute arising out of any pre-consti treaty, agreement etc.
• In 1, SC may refue to tender his opinion
• in 2, SC must;
• In both cases, opinion of SC is only advisory and nt a hudicial pronouncement, thereby nt binding on prez

Question 431

Powers of SC as a Court of Record?

Catrgories of Contempt?

Answer 431

1. judgements, proceedings and acts of the Supreme Court are recorded
   for perpetual memory and testimony. These records are admitted to be of
   evidentiary value and cannot be questioned when produced before any
   court. They are recognised as legal precedents and legal references
2. power to punish for contempt of court. In 1991, the Supreme Court has ruled that it has power to punish for contempt not only of itself but also of high courts, subordinate courts and tribunals functioning in country

• Contempt may be civil or criminal:
  
  1. Civil: wilful disobedience to any judgement, order, writ or other process of a court or wilful breach of an undertaking given to a court
  2. Criminal: publication of any matter or doing an act which—
     
     • scandalises or lowers the authority of a court; or
     • prejudices or interferes with the due course of judicial proceeding; or
     • interferes or obstructs the administration of justice in any other manner.

Question 432

T/F: comment on the administrative side of the judiciary do not
amount to contempt of court.

Answer 432

T

Question 433

T/F: SC can not only transfer a case or appeal pending before one HC to itself, bt to any other HC as well.

Answer 433

T

Question 434

Expanding SC’s jurisdiction?

Answer 434

• with respect to matters in the Union list, it can be enlarged by the Parliament
• with respect to other matters can be enlarged by a special agreement
  of the Centre and the states

Question 435

Scope of JR?

Answer 435

1. neither Indian or American consti explicitly mentions ‘JR’
2. can be challenged in SC/HC
3. on 3 grounds
   
   1. infringes FR
   2. outside competence of authority which has framed it
   3. repugnant to contitutional provisions
4. scope narrower than in USA; our SC cannot go into reasonableness of law
5. IRCoelho case,2007: there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule.
6. Direct impact and effect test i.e. rights test, the form of an
   amendment is not the relevant factor, but the consequence thereof would be the determinative factor.

Question 436

Under which of the following cases can Judicial Review be exercised by high court?
1. The executive orders of central government, if it is repugnant to the constitutional provisions.
2. If the executive orders of state government are outside the competence of the authority which has framed it.
3. The legislative enactment by state which infringes the fundamental rights.
Select the correct answer code:
a) 1, 2
b) 2, 3
c) 1, 3
d) 1, 2, 3

Answer 436

D

Judicial review is the power of a high court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the high court. Consequently, they cannot be enforced by the government.

Though the phrase ‘judicial review’ has nowhere been used in the Constitution, the provisions of Articles 13 and 226 explicitly confer the power of judicial review on a high court.

The constitutional validity of a legislative enactment or an executive order can be challenged in a high court on the following three grounds:

(a) it infringes the fundamental rights (Part III),
(b) it is outside the competence of the authority which has framed it, and
(c) it is repugnant to the constitutional provisions.

Question 437

Coop-societies comes under which list?

Answer 437

Entry 32 of the
state list

Question 438

Cooperative Societies: Constitutional provisions?

Answer 438

97th CAA, 2011 gave a consti status

1. Art 19: right to form Coop, a FR
2. Art 43-B: DPSP on promotion of coop
3. Part IX-B

Question 439

Consti Provisions in part IX-B: Incorporation?

Answer 439

1. SL may make provisions for
   
   1. incorp
   2. regulation and
   3. winding up
2. based on principles of
   
   1. voluntary formation
   2. democratic member-control
   3. member-economic participation, and
   4. autonomous functioning

Question 440

Consti Provisions in part IX-B: no. and terms of members of board?

Answer 440

1. such number of directors as may be provided by SL (But not more than 21)
2. SL shall providefor reservation of 1 seatfor SC or ST and 2 seats for women on board of every coop-soc, having members frm such categories
3. term of elected members of board and its office bearers: 5yrs frm date of elction
4. SL shall make provisions for co-option of persons hving experience in field of banking, mgmt, fin or any other related field, as members of board. Bt max such members to be 2 (in addition to21 directors). these members won’t have voting rights in any election of coop-soc or be elected as office bearers of the board.
5. Functional Directors shall also be members of the board (beyond 21).

Question 441

Consti Provisions in part IX-B: election of members of board?

Answer 441

1. before expiry of term
2. body responsible for all election aspects, shall be as provided by SL

Question 442

Consti Provisions in part IX-B: Supersession and Suspension of Board and Interim Management?

Answer 442

1. Board shall be suspended or superseded in case of
   
   1. persistent default
   2. negligent in performing its duties
   3. committing any act prejudicial to the interests of its members
   4. stalemate in the constitution or functions of the board
   5. election body having failed to conduct elections in accordance with
      the provisions of the State Act
2. cannot be superseded or suspended for more than 6 months; admin appointed to manage the affairs shall arrange for elections within that pd.
3. cannot be superseded or suspended where there is no Govt shareholding or loan or fin assistance or any guarantee by Govt

Question 443

Consti Provisions in part IX-B: audit?

Answer 443

1. SL may make provisions for maintenance aswell as auditing of accts at least once each FY, within 6 months of close of FY
2. SL shall lay down min qualifications and experience of auditors/audit firms
3. auditor or auditing firm shall be appointed from a panel approved by SG
4. audit reports shall be laid out before SL

Question 444

Consti Provisions in part IX-B: Convening of General Body Meetings?

Answer 444

SL may provide for it within a period of six months of the close of the FY

Question 445

Consti Provisions in part IX-B: Right of a Member to Get Information?

Answer 445

Sl may provide for

1. access to every member of a co-operative society to the books, information and accounts
2. ensure the participation of members in the management
3. may provide for co-operative education and training fr members

Question 446

Consti Provisions in part IX-B: returns?

Answer 446

1. Every co-operative society shall file returns, within six months of close of FY, to SG. It shall include
   
   1. annual report of its activities
   2. audited statement
   3. plans for surplus disposal as approved by general body
   4. list of amendments to by-laws of coop-soc
   5. decDeclaration regarding date of holding of its general body meeting and conduct of elections when due
   6. Any other information required by the Registrar

Question 447

Consti Provisions in part IX-B: Application to Multi-state Co-operative Societies?

Answer 447

1. SL -> parliament
2. SG: CG

Question 448

Consti Provisions in part IX-B: Application to UTs?

Answer 448

shall apply to UTs

But, the President may direct that the provisions of this
part shall not apply to any Union territory or part thereof as he may specify in
the notification.

Question 449

Consti Provisions in part IX-B: Continuance of Existing Laws?

Answer 449

Any provision of any law relating to coop-soc in force in a state immediately before the commencement of 97th CAA, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed or until the expiration of one year from such commencement, whichever is less

Question 450

Official Language:

1. Part? Articles?
2. provisions are divided into 4 parts?

Answer 450

1. XVII; Art 343-351
2. Language of Union, Regional languages, Languageof Judiciary and text of laws and special directives

Question 451

Official language provisions: UG?

Answer 451

1. Hindi written in devanagari script
2. bt numerals: international form
3. fr 15 yrs, English Language can continue; after 15 yrs, parliament may provide fr continuing it.
4. At the end of 5yrs and 10yrs, Prez shud appoint a commission to make recommendations wrt progressive use of Hindi language, restrictions on english use and other issues. As a result, in 1955, B G Kher commission. To study its report, parliamentary committee under G.B. Pant. No committee after 10 yrs, though
5. Official Languages Act, 1963 provides for the continued use of English (even after 1965) indefinitely, in addition to Hindi, for all official purposes of the Union and also for the transaction of business in Parliament

Question 452

Compulsory use of English?

Answer 452

• Official Language Act in 1963 was amended in 1967 to make the use of English, in addition to Hindi, compulsory in certain cases

1. resolutions, general orders, rules, notifications, administrative or other reports or press communications issued by CG
2. administrative and other reports and official papers laid before Parliament
3. contracts and agreements executed, licences, permits, notices, etc, issued by the CG or by a corporation or a company owned by the CG

Question 453

Official language provisions: SG?

Answer 453

1. Consti doesn’t specify the official language of different states
2. SL may adopt one or more lang in use in state (not necessarily scheduled ) or Hindi. until then, english to continue
3. for C-S or S-S link, official language of Union (i.e. English); bt 2 or more states are free to agree to use Hindi too. eg. Raj, UP, MP and BIhar
4. For C-S with a state with non-hidi official Lang, English shud be used
5. When the President (on a demand being made) is satisfied that a
   substantial proportion of the population of a state desire the use of any
   language spoken by them to be recognised by that state, then he may
   direct that such language shall also be officially recognised in that state. This provision aims at protecting the linguistic interests of minorities

Question 454

Official language provisions: LANGUAGE OF THE JUDICIARY AND TEXTS OF LAWS?

Answer 454

1. Until Parliament provides otherwise, the following are to be in the
   English language only:
   (a) All proceedings in the Supreme Court and in every high court.
   (b) The authoritative texts of all bills, acts, ordinances, orders, rules,
   regulations and bye-laws at the Central and state levels
2. However, the governor of a state, with the previous consent of the
   president, can authorise the use ofHindi or any other official languageof the state, in the proceedings in thehigh courtof the state, butnot with respect to the judgements, decrees and orders passed by it (until Parliament otherwise provides)
3. SL can prescribe the use of any language (other than English) with respect to bills, acts, ordinances, orders, rules, regulations or bye-laws, but a translation of the same in the English language is to be published.
4. Provisions in OLA, 1963:
   
   1. Hindi translation of acts, ordinances, orders, regulations and bye-laws published under the authority of the president are deemed to be authoritative texts
   2. every bill introduced in the Parliament is to be accompanied by a Hindi translation
   3. there is to be a Hindi translation of state acts or ordinances in
      certain cases.
   4. Guv, with the previous consent of the prez, to authorise the use of Hindi or any other official language of the state for judgements, decrees and orders passed by the HC of the state but they should be accompanied by an English translation eg. in UP, Bihar, MP

Question 455

Official language provisions: special provisions for protection of Linguistic Minorities?

Answer 455

1. Every aggrieved person’s complaint can be in any of the languages used in the Union or in the state i.e. a representation cannot be rejected on the ground that it is not in the official language.
2. Every state and a local authority in the state should provide adequate
   facilities for instruction in the mother-tongue at the primary stage of
   education to children belonging to linguistic minority groups. President can issue necessary directions fr it.
3. president should appoint a special officer for linguistic minorities

Question 456

Official language provisions: Development of Hindi language?

Answer 456

1. Constitution imposes a duty upon the Centre to promote the spread and
   development of the Hindi language so that it may become the lingua franca of the composite culture of India
2. Centre is directed to secure the enrichment of Hindi by assimilating the forms, style and expressions used in hindustani and in other languages specified in the Eighth Schedule and by drawing its vocabulary, primarily on sanskrit and secondarily on other languages

Question 457

Eighth schedule:

1. Languages and amendments?
2. significance?

Answer 457

1. present22:
   
   1. originally 14: Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Odia, Punjabi, Sanskrit, Tamil, Telugu and Urdu
   2. 21st CAA, 1967: added Sindhi
   3. 71st CAA, 1992; added Konkani, Manipuri and Nepali
   4. 92nd CAA, 2003: added Bodo, Dongri, Maithili and Santhali
2. significance:
   
   1. members of these languages are to be given representation in Official Language Commission
   2. forms, style and expression of these languages are to be used for the enrichment of the Hindi language

Question 458

COMMITTEE OF PARLIAMENT ON OFFICIAL LANGUAGE

1. origin?
2. composition?
3. chairman?
4. obj?

Answer 458

1. Official Languages Act, 1963 provided fr setting up a committee of Parliament on Official Language after ten years of the promulgation of the Act. thus it was formed in 1976.
2. 20LS + 10RS; elected in respective houses by PR via STV
3. elected by members; as a convention, HM
4. to review the progress made in the use of Hindi for the official purposes of the Union and submit a report to the President making recommendations thereon and the President shall cause the report to be laid before each House of Parliament and sent it to all the SGs

Question 459

CLASSICAL LANGUAGE STATUS:

1. origin?
2. whichlang included?
3. benefits?
4. criteria?

Answer 459

1. In 2004, GoI decided to create a new category of languages called ‘classical languages’
2. SO far, 6: Tamil, Sanskrit, Telugu, Kannada, malyalam and Odia
3. once declared classical,
   
   1. it gets financial assistance for setting up a centre of excellence for the study of that language
   2. opens up an avenue for two major awards for scholars of eminence.
   3. UGC can be requested to create – to begin with at least in Central Universities – a certain number of professional chairs for classical languages for scholars of eminence in the language
4. criteria:
   
   1. high antiquity of its early texts/recorded history over a period of 1,500–2,000 years,
   2. a body of ancient literature/texts which is considered a valuable heritage by generations of speakers and
   3. a literary tradition that is original and not borrowed from another speech community
   4. there can also be a discontinuity between the classical language and its later forms or its offshoots

Question 460

POlitical Parties in India:

1. T/F: India has the largest no. of political parties in world.
2. no. of political parties (2014)?

Answer 460

1. T
2. 6 NP and 47 SPs and ~1600 regtd-unrecognised parties

Question 461

Benefits of being recognised PP by ECI?

Answer 461

1. allocation of party symbols
2. provision of time fr political broadcasts on state ownd TV and radio sations
3. access to electoral rolls
4. need only one proposer fr filing nomination
5. allowed to hv 40 ‘star campaigners’, while regtd-unrecognised parties are allowed to hv 20 ‘star campaigners’
6. Travel expense of candidates aren’t included in election expenditure of candidates of their parties

Question 462

Conditions fr recognition as a NP?

Answer 462

If any of the following condition is fulfilled

1. secures 6% of valid votes polled inany 4 or more states at a General Election to LS or to LA; AND, wins 4 seats in LS frm any state or states; OR
2. wins 2% of seats in LS at a Genral election frm 3 distinct states; OR
3. recognised as SP in 4 states

Question 463

Conditions fr recognition as a SP?

Answer 463

if any of the following conditions is fulfilled,

1. secures 6% of valid votes polled in the state at a general election to LA of that state AND it wins 2 seats in that assembly; OR
2. secures 6% of valid votes polled in the state at a general election to the LS from the state concerned AND win 1 seat in LS frm that state; OR
3. win 3% seats in LA at a general election to LA of the state OR 3 seats in the LA, whichever is More; OR
4. win 1 seat in LS fr every 25 seats or any fraction thereof allotted to the state at a general election to LS frm that state; OR
5. secure 8% of total valid votes polled in the state at a General Election to the LS frm the state OR to the LA of the state (this condition added in 2011).

Question 464

T/F: No. of National and state parties hv been steadily increasing since the first elections.

Answer 464

F

eg. in 1952, 14 NPs and 39 SPs; in 1957, 4 NPs and 11 SPs

Question 465

NPs recognised in India currently along with their establishment yrs?

Answer 465

8 NPs:

1. BJP- 1980
2. INC- 1885
3. BSP- 1984
4. NCP- 1999
5. CPI-M- 1964
6. CPI- 1925
7. All India Trinamool Congress- 1998
8. National People’s Party- 2013; only NP frm NE India

Question 466

Provisions in Constitution wrt electoral system in our country?

Answer 466

Art 324 to Art 329, under Part XV

1. Art 324: EC with power of supertendence, direction and conduct of elections tp Parliament, SLs , Prez and VP’s office.
2. only one general electoral roll for every territorial constituency; abolished communal rep and separate electorates
3. No person is to be ineligible for inclusion in the electoral roll or to be included in any special electoral roll on grounds only of religion, race, caste, sex or any of them; i.e. equal franchise.
4. elections to the LS and SLAs are to be on the basis of adult franchise (18+); provided he is not disqualified under the provisions of the Constitution or any law made by the appropriate legislature (Parlia or SLA) on the ground of non-residence, unsound mind, crime or corrupt or illegal practice
5. Parliament may make provision with respect to all matters relating to
   elections to parlia and SLs incl electoral rolls. delimitation of constituencies and any other matter
6. SL can also make provision with respect to all matters ( Bt only those matters which are not covered by the Parlia) relating to elections to the SLs, incl electoral rolls etc.; i.e. they can supplement the parlia law
7. validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court i.e. orders issued by the Delimitation Commission become final and cannot be challenged in any court
8. no election to the Parlia or the SL is to be questioned except by an election petition presented to such authority and in such manner as provided by the appropriate legislature. Since 1966, election petitions are triable by HC alone, appellate juris lies with SCalone

Question 467

Art 323B?

Answer 467

1. empowers the appropriate legislature (Parlia or SL) to establish a tribunal for the adjudication of election disputes.
2. It also provides for the exclusion of the jurisdiction of all courts (except thespecial leave appeal jurisdiction of SC) in such disputes.
3. So far, no such tribunal has been established.
4. In Chandra Kumar case (1997), the Supreme Court declared the 2nd provision as unconstitutional.
5. Consequently, if at any time an election tribunal is established, an appeal from its decision lies to the high court.

Question 468

Appointment of

1. Chief Electoral Officer
2. District election officer
3. Returning officer
4. Electoral Regtn officer
5. Presiding officer
6. Observers

Answer 468

1. by ECI, in consultation with SG/UTG; an officer under GoI/UTG
2. by ECI, in consultation with SG/UTG; an officer under SG/UTG
3. by ECI, in consultation with SG/UTG; an officer of govt or local authority
4. by ECI, in consultation with SG/UTG; an officer of govt or local authority
5. by DEO; in UTs, by ROs
6. by ECI

Question 469

Election petition?

Answer 469

1. Any elector or candidate can file an election petition if he or she thinks there has been malpractice during the election
2. not an ordinary civil suit, but treated as a contest in which the whole constituency is involved
3. tried by the High Court of the state involved, and if upheld can even lead to the restaging of the election in that constituency

Question 470

1. T/F: Candidate has to take an oath or affirmation in person, except in some exceptional circumstances
2. T/F: Candidate mst take the oath immediately after presenting his nomination papers.
3. Duration granted fr filing of nomination?
4. duration granted fr validly nominated candidates to withdraw frm contest?
5. when does model of conduct come into force ?

Answer 470

1. F; always in person
2. F; in any case not later than the day previous to the date of the
   scrutiny
3. 1 week
4. 2 days frm date of scrutiny
5. as soon as ECI announces schedule of elections

Question 471

Elective seats in 1st LS elections? in 2nd LS elections?

Answer 471

489

494

Question 472

PMs ?

Answer 472

1. Nehru- 1947 to 1964
2. L B shastri- June, 1964 to Jan 1966
3. Indira Gandhi-Jan 1966- March 1977
4. Morarji Desai- March 1977 to July 1979
5. Charan Singh - July 1979 to Jan 1980
6. Indira Gandhi- Jan 1980 to Oct 1984
7. Rajiv Gandhi: Oct 1984 to Dec 1989
8. VP Singh- Dec 1989 to Nov 1990
9. Chandra Shekhar- Nov 1999 to June 1991
10. PV Narsimha Rao- June 1991 to May 1996
11. A B Vajpayee- May 1996 to June 1996
12. H.D. Deve Gowda- June 1996 to April 1997
13. I K Gujral- April 1997 to march 1998
14. A B Vajpayee- 1998 to 2004

Question 473

T/F:

1. no. of candidates appearing in LS general elections have continuously increases.
2. Total no. of electors in each LS general elections hv continuously increases.
3. Voter Turn out % in each LS general electins have not consistently increased.

Answer 473

1. F; decreased betn 1st and 2nd as well as 5th and 6th general elections
2. F; decreased marginally betn 4th and 5th General elections to LS
3. T; fluctuated

Question 474

Women in LS elections?

Answer 474

1. 22 in 1st (1952)
2. lowest in 6th (1977)- 19
3. highest in 17th (2019) - 78

Question 475

Largest constituencies?

smallest constituencies?

Answer 475

1. Ladakh
2. Barmer
3. Kutchh
4. Arunachal West
5. Arunachal E

Question 476

shillong declaration on e-governance?

Answer 476

adopted at the 22nd National Conference on e-Governance (NCeG)

talked about India Enterprise Architecture (IndEA).

IndEA, is a framework for developing a holistic architecture treating the Government as a single enterprise which are functionally inter-related.

With IndEA, there will be one personalised account for each individual and he or she can avail all government services from that account. This shall eliminate the need to visit separate sites and have separate logins on them to access government services.

Question 477

e-governance initiatives of GoI?

Answer 477

1. NeG Division: It is an Independent Business Division established by MeiTY to undertake Programme Management of NeGP. It is an initiative of the Government to make all government services available to the citizens of India via electronic media.
2. PRAGATI:
3. Govt instant Messaging system (GIMS): Indian equivalent of popular messaging platforms, such as WhatsApp which will be used by Central and State government departments and organisations for intra and inter organisation communications. Designed and developed by NIC
4. BHuvan Panchayat V 3.0: developed by national remote sensing centre of ISRO. It is a user-friendly web Geo portal under ISRO’s SISDP project (Space Based Information Support for Decentralised Planning) for better planning and monitoring of government projects. For the first time, thematic database on high scale for the entire country is available with high integrated High Resolution satellite data for planning.
5. Consumer App: recently launched, that would help consumers register their grievances online as well as give suggestions on consumer-related issues. Info pertaining to 42 Sectors including Consumer Durables, Electronic Products, e-commerce, Banking, Insurance, etc.
6. Digilocker: initiative of MeiTY. 1GB storage; on death, not available to kin, but instead pass on to the govt.
7. National E-service delivery assessment:First ever NeSDA released by DARPG. t primarily assesses all State/UT and Central Ministry service portals on 7 key parameters: Accessibility, Content Availability, Ease of Use, Information Security & Privacy, End service Delivery, request tracking. covers six sectors: Finance, Labour and employment, Education, local govt and utilities, Social welfare incl agri and health and env
8. Portal Santusht: to promote transparency, accountability, effective delivery of public services and implementation of policies, schemes of Ministry of Labour and Employment at grassroot level through constant monitoring.
9. ASKDISHA Chatbot: AI based chatbot, launched in 2018 by Indian Railways, to resolve queries; English as well as Hindi
10. Jan Soochna portal: launched by RJ SG. developed by Deptt of IT&C.It is the first of its kind system in the country and has info abt 23 govt schemes and services frm 13 deptts ona single platform

Question 478

Nagpur resolution on Pulic service delivery?

Answer 478

aims to empower the citizens by policy interventions for better service delivery through timely updation of citizens charters, implementation of enactments and benchmarking standards for continuous improvement.

adopted by DARPG

Question 479

T/F:Collegium also recommends the transfer of Chief Justices and other judges.

Answer 479

T

Question 480

The three Judges’ cases?

Answer 480

1. ‘First Judges Case’ (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective. the CJI’s opinion should have primacy. However, recommendation made by the CJI to the President can be refused for “cogent reasons”, thereby giving greater say to executive.
2. Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”. It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court. However, on objection raised by executive on appointment, Collegium may or may not change their recommendation, which is binding on executive.
3. Third Judges Case (1998): SC on President’s reference expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues. CJI should consult with four senior-most Supreme Court judges and the chief justice of two high courts (one from which the judge is being transferred and the other receiving him) to form his opinion on judicial appointments and transfers.

Question 481

procedure of appointment of SC judge?

Answer 481

1. the proposal is initiated by the CJI.
2. The CJI consults the rest of the Collegium members (4 seniormost judges of SC), as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
3. The consultees must record their opinions in writing and it should form part of the file.
4. The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.

As far as the CJI himself is concerned, the outgoing CJI recommends his successor. In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.

Question 482

T/F: a judge who retired as an Acting Chief Justice of a High Court cannot claim the pension of a regular Chief Justice (CJ)

Answer 482

T

recently declared by SC

Question 483

Controller General of Accounts (CGA)?

Answer 483

1. CGA works under Department of Expenditure, Ministry of Finance.
2. • It functions as Principal Advisor on Accounting matters to the Union Government
3. • It is not a constitutional body, but it derives its mandate and exercises the powers of the President from Article 150 of the constitution.
4. • Article 150 states that, the accounts of the Union and of the States shall be kept in such form as prescribed by the President on the advice of the Comptroller and Auditor-General.
5. • Allocation of Business Rules 1961 brings out the duties and responsibilities of CGA, which include the following:

• administers the process of payments, receipts and accounting in Central Ministries.
• Prepares, consolidates and submits the monthly and annual accounts of the Central Government.
• responsible for maintaining the requisite technical standards of Accounting
• responsible for coordination and monitoring the progress of submission of corrective action taken on the recommendations contained in Public Accounts Committee ‘s (PAC) and the CAG reports.
• CGA does the Cadre management of Group A (Indian Civil Accounts Service) and Group B Officers of the Central Civil Accounts Offices.

Question 484

Constitutional provisions wrt Citizenship?

Answer 484

Art 5-11 under Part II

It only identifies the persons who became citizens of India at its commencement (Art-5,6,7,8)

It does not deal with the problem of acquisition or loss of citizenship subsequent to its
commencement. It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship. (Art 9,10,11)

Question 485

Acc to Consti, four categories of persons
became the citizens of India at its commencement i.e., on 26 January, 1950: Category-1?

Answer 485

Art 5

A person who had his domicile in India and also fulfilled any one of the three conditions:

• if he was born in India; or
• if either of his parents was born in India; or
• if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution

Question 486

Acc to Consti, four categories of persons
became the citizens of India at its commencement i.e., on 26 January, 1950: Category-2?

Answer 486

Art 6

A person who migrated to India from Pakistan became an Indian citizen if

1. he or either of his parents or any of his grandparents was born in undivided India and
2. also fulfilled any one of the two conditions:
   
   • in case he migrated to India before July 19, 1948, he had been ordinarily resident in India since the date of his migration
   • in case he migrated to India on or after July 19, 1948, he had been registered as a citizen of India. But, a person could be so registered only if he had been resident in India for six months preceding the date of his application for registration

Question 487

Acc to Consti, four categories of persons
became the citizens of India at its commencement i.e., on 26 January, 1950: Category-3?

Answer 487

Art-7

A person who migrated to Pakistan from India after March 1, 1947, but later returned to India for resettlement could become an Indian citizen.For this, he had to be resident in India for six months preceding the date of his application for registration

Question 488

Acc to Consti, four categories of persons
became the citizens of India at its commencement i.e., on 26 January, 1950: Category-4?

Answer 488

Art-8

this provision covers the overseas Indians who may want to acquire Indian citizenship

A person who, or any of whose parents or grandparents, was born in undivided India but who is ordinarily residing outside India shall become an Indian citizen if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence, whether before or after the commencement of the Constitution

Question 489

Art-9?

Answer 489

No person shall be a citizen of India or be deemed to be a citizen of India,
if he has voluntarily acquired the citizenship of any foreign state

Question 490

Art-10?

Answer 490

Every person who is or is deemed to be a citizen of India shall continue to
be such citizen, subject to the provisions of any law made by Parliament

Question 491

Art-11?

Answer 491

Parliament shall have the power to make any provision with respect to the
acquisition and termination of citizenship and all other matters relating to
citizenship

Question 492

Citizenship Act of 1955-5 ways of acquiring citizenship: by birth?

Answer 492

1. A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents.
2. A person born in India on or after 1st July 1987 is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth.
3. A person born in India on or after 3rd December 2004 are considered citizens of India only if both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth.
4. The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.

Question 493

Citizenship Act of 1955-5 ways of acquiring citizenship: by descent?

Answer 493

1. A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth.
2. A person born outside India on or after 10th December 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.

Note that in the above two conditions, if the father in (1) and the either parent who is a citizen in (2), are citizens by descent only, then the original person wanting to be a citizen has two fulfill another criteria: either his birth is regtd at an Indian consulate within a yr of his birth OR the respective father /either parent in (2) shall be employed with GoI

3. From 3rd December 2004 onwards, a person born outside India shall not be a citizen of India by descent, unless his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period. An application, for registration of the birth of a minor child, to an Indian consulate shall be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country
   * Further, a minor who is a citizen of India by virtue of descent and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of his attaining full age.

Question 494

Citizenship Act of 1955-5 ways of acquiring citizenship: by registeration?

Answer 494

CG may, on an application, register as a citizen of India any person (not being an illegal migrant) if he belongs to any of the following categories, namely:

Person himself based conditions

1. a person of Indian origin who is ordinarily resident in India for seven years (6 (out of 8) + 1) before making an application for registration;
2. a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
3. a person of full age and capacity who has been registered as an overseas citizen of India cardholder for five years, and who is ordinarily resident in India for twelve months before making an application for registration.

Spouse based condition

1. a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;

Parentage based condition

1. minor children of persons who are citizens of India;
2. a person of full age and capacity whose parents are registered as citizens of India;
3. a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before making an application for registration;

For points 1 to 3, an applicant shall be deemed to be ordinarily resident in India if—

(i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and
(ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years (It is this 6 years that is further reduced to 5 yrs for some category of foreigners by CAA 2019).

• A person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th August, 1947.
• All the above categories of persons must take an oath of allegiance before they are registered as citizens of India

Question 495

Citizenship Act of 1955-5 ways of acquiring citizenship: by naturalisation?

Answer 495

Central Government may, on an application, grant a certificate of naturalisation to any person (not being an illegal migrant) if he possesses the following qualifications:

1. that he is not a subject or citizen of any country where citizens of India are prevented from becoming subjects or citizens of that country by naturalisation;
2. that, if he is a citizen of any country, he undertakes to renounce the citizenship of that country in the event of his application for Indian citizenship being accepted;
3. that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application;
4. that during the fourteen years immediately preceding the said period of twelve months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than eleven years;
5. that he is of good character;
6. that he has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution, and
7. that in the event of a certificate of naturalisation being granted to him, he intends to reside in India, or to enter into or continue in, service under a Government in India or under an international organisation of which India is a member or under a society, company or body of persons established in India.

• However, GoI may waive all or any of the above conditions for naturalisation in the case of a person who has rendered distinguished service to the science, philosophy, art, literature, world peace or human progress.
• Every naturalised citizen must take an oath of allegiance to the Constitution of India

Question 496

Citizenship Act of 1955-5 ways of acquiring citizenship: by Incorporation of territory?

Answer 496

If any foreign territory becomes a part of India, the Government of India specifies the persons who among the people of the territory shall be the citizens of India. Such persons become the citizens of India from the notified date.

For example, when Pondicherry became a part of India, the Government of India issued the Citizenship (Pondicherry) Order, 1962, under the Citizenship Act, 1955

Question 497

Special Provisions as to Citizenship of Persons Covered by the Assam
Accord?

Answer 497

Citizenship (Amendment) Act, 1985, added the following special provisions as to citizenship of persons covered by the Assam Accord (which related to the foreigners’ issue):

(a) All persons of Indian origin who came to Assam before the 1st January, 1966 from Bangladesh and who have been ordinarily residents in Assam since the date of their entry into Assam shall be deemed to be citizens of India as from the 1st January, 1966.

(b) Every person of Indian origin who came to Assam on or after the 1st January, 1966 but before the 25th March, 1971 from Bangladesh and who has been ordinarily resident in Assam since the date of his entry into Assam and who has been detected to be a foreigner shall register himself. Such a registered person shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date of detection as a foreigner. But, in the intervening period of ten years, he
shall have the same rights and obligations as a citizen of India, except the right to vote.

(c) Those who came after March 25, 1971 should be detected and deported under the Illegal Migration Determination (by Tribunals) (IMDT) Act, 1983.

Question 498

Loss of citizenship: legal provisions?

Answer 498

Citizenship Act, 1955, prescribes three ways of losing citizenship, whether acquired under the Act or prior to it under the Constitution

1. by renunciation: However, if such a declaration is made during a war in which India is engaged, its registration shall be withheld by the Central Government.
   
   • Further, when a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship
2. by termination: When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country. This however doesn’t apply during a war in which India is engaged
3. By deprivation: by CG, if:
   
   • citizen has obtained the citizenship by fraud
   • citizen has shown disloyalty to the Constitution of India
   • citizen has unlawfully traded or communicated with the enemy during a war
   • citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years
   • citizen has been ordinarily resident out of India for seven years continuously
   • CAA 2019 provides that the CG may cancel registration of OCIs, if the OCI has violated Citizenship Act or any other law so notified by the CG. Also, the cardholder has to be given an opportunity to be heard.

Question 499

T/F: Citizenship amendment Act 1987 provided that ‘illegal migrants’ won’t be eligible to apply for citizenship by either registeration or naturalisation.

Answer 499

F

CAA 2003 provided that

Question 500

definition of illegal migrant?

Answer 500

Section 2(1)(b) of Citizenship Act, 1955 defines illegal migrant as a foreigner who:

• enters the country without valid travel documents, like a passport and visa or
• enters with valid documents, but stays beyond the permitted time period.

Question 501

delimitation commission: composition?

Answer 501

The commission has three ex-officio members:
o a serving or retired judge of the Supreme Court as the chairperson,
o the Chief Election Commissioner or Election Commissioner nominated by the CEC and
o State Election Commissioner of the concerned state.

Question 502

delimitation commission formed in 2019?

Answer 502

Central government has constituted the Delimitation Commission for the purpose of delimitation of Assembly and Parliamentary constituencies in the Union territory of Jammu and Kashmir and the States of Assam, Arunachal Pradesh, Manipur and Nagaland.

Delimitation will be done in Jammu and Kashmir based on the Census of 2011 in accordance with the provisions of the Jammu and Kashmir Reorganisation Act.

In Assam, Arunachal Pradesh, Manipur and Nagaland delimitation will be done in accordance with the provisions of the Delimitation Act, 2002.
o Delimitation exercise for the purpose of elections to the Lok Sabha and to the State Legislative Assemblies on the basis of 2001 census figures was completed by November, 2008.
o However, this exercise was postponed in Arunachal Pradesh, Assam, Manipur and Nagaland on apprehension of threat to the peace and public order.

Question 503

Regional Benches of SC?

Answer 503

1. Context: Vice President of India has suggested setting up of four Regional Benches of the Supreme Court.
2. Article 130 states that the Supreme Court may sit at place(s) other than Delhi on the order of the Chief Justice of India with the prior approval of the President of India.
3. Also, no constitutional amendment would be required in order to set up such benches.
4. Law commission had recommended the division of the Supreme Court into 1) Constitutional court and 2) National court of appeal.
5. The Supreme Court itself, as early as in 1986, had recommended establishment of National Court of Appeal with regional Benches at Chennai, Mumbai and Kolkata.
6. In V. Vasantha Kumar case, 2016 the Supreme Court referred the matter to a Constitutional Bench for decision on the National Court of Appeal.

Question 504

origin of HCs in India?

Answer 504

1. riginated in India in 1862 when the high courts were set up at Calcutta, Bombay and Madras
2. In 1866, a fourth high court was established at Allahabad.

Question 505

T/F: Constitution of India provides for a high court for each state

Answer 505

T

but the Seventh Amendment Act of 1956 authorised the Parliament to establish a
common high court for two or more states or for two or more states and a
union territory.

Question 506

HC:

1. strength?
2. appointment of judges?
3. Qualifications?
4. Min age?
5. tenure?
6. question regarding age is decided by ?
7. conditions of service?

Answer 506

1. Constitution does not specify the strength; it to the discretion of the president.
2. appointment by Prez
   
   1. CJ of HC: after consultation with CJI (now Collegium consisting of two seniormost judges ) and the state’s Guv
   2. Puisine judge of HC: after consultation with CJ of HC, CJI (now Collegium consisting of two seniormost judges ) and the state’s Guv
3. two qualifications:
   
   1. must be a citizen of INdia; AND
   2. held a judicial office in the territory of India fr 10 yrs; OR
   3. should have been an advocate of a high court (or high courts in succession) for ten years
   • unlike in the case of the SC the Consitution makes no provision for appointment of a distinguished jurist as a judge of a high court.
4. No min age requirement
5. Constitution has not fixed the tenure; just retiring age at 62 yrs
6. by Prez after consultation with CJI and the decision of Prez is final
7. determined by Parliament ad cannot be varied to their disadvantage after their
   appointment except during a financial emergency

Question 507

Removal of a HC judge?

Answer 507

same as SC judge

regulated by Judges enquiry act,1968

by Prez

only after an address by Parliament in the same session, supported by a special majority of each house.

Two grounds of removal:

• proved misbehaviour, or
• incapacity

Question 508

procedure of appointment of HC judge?

Answer 508

• High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges. (collegium for SC judge appointment is 4 membered)
• The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
• The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

CJ of HCs

The Chief Justice of High Courts is appointed as per the policy of having Chief Justices from outside the respective States.

The Collegium takes the call on the elevation.

Question 509

Transfer of HC judges?

Answer 509

1. Collegium also recommends the transfer of Chief Justices and other judges.
2. Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
3. When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned.
4. There can be an acting CJ in a High Court for not more than a month.
5. In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
6. However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
7. All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.
8. Transfer of a judge cannot be a punitive measure.
9. only the judge who is transferred can challenge it.

Question 510

Contempt of court?

Answer 510

• Article 129 and 215 [‘courts of record’] of the Constitution of India empowers the Supreme Court and High Court respectively to punish people for their respective contempt. These are exceptions to Art 19 (1) (a)
• The expression ‘contempt of court’ has not been defined by the Constitution. However, the expression has been defined by the Contempt of Court Act of 1971.
• Under this, contempt of court may be civil or criminal.
  
  • Civil contempt means wilful disobedience to any judgement, order, writ or other process of a court or wilful breach of an undertaking given to a court.
  • Criminal contempt means the publication of any matter or doing an act which
    
    • scandalises or lowers the authority of a court; or
    • prejudices or
    • interferes with the due course of a judicial proceeding; or
    • interferes or obstructs the administration of justice in any other manner.
• However, following do not amount to contempt of court
  
  • innocent publication and distribution of some matter,
  • fair and accurate report of judicial proceedings,
  • fair and reasonable criticism of judicial acts and
  • comment on the administrative side of the judiciary
• In 1991, the SC has ruled that it has power to punish for contempt not only of itself but also of HCs, subordinate courts and Tribunals in the entire country. Also, the contempt of Court act, 1971 allows HC to punish for contempt of subordinate courts.
• limitation period for contempt: 1 yr
• SC and HCs derive their contempt powers from the Constitution. The Contempt of Court Act, 1971, Act only outlines the procedure in relation to investigation and punishment for contempt. Therefore, deletion of the offence from the Act will not impact the inherent constitutional powers of the superior courts to punish anyone for its contempt. These powers will continue to remain, independent of the 1971 Act.

Question 511

Temporary judges in SC vs in HC?

Answer 511

SC:

• CJI can appoint a judge of HC as an ad hoc judge of SC for a temporary period.
• When? lack of quorum of permanent judges
• eligibility: shud be qualified for a SC judge AND CJI can appoint only after consultation with CJ of HC concerned and previous consent of Prez

HC:

• President can appoint duly qualified persons as additional judges of HC for a temporary period not more than 2 yrs
• When? there is a temporary increase in the business of HC OR there are arrears of work OR a judge of that HC (other than CJ) is unable to perform his duties OR is appointed as acting CJ of that HC
• eligibility: same as a HC judge

Retired judges: both have provisions but differences are highlighted below:

1. in SC, CJI can request a retired judge of SC or HC; in HC, CJ can request a retired judge of that HC or any other HC (not even a qualified retired district judge).
2. Both cases require previous consent of Prez and that person
3. allowances of that person is decided by Prez and not same as SC/HC judge automatically
4. Despite enjoying all the powers, privileges and jurisdictions of a judge of SC/HC, he will not otherwise be deemed to be a judge of the SC/HC.

Question 512

T/F:

salaries and allowances of
the judges, the salaries, allowances and pensions of the staff as well as the
administrative expenses of a high court are charged on the consolidated fund
of the India.

Answer 512

F

CF of State

Question 513

T/F: pension of a high
court judge is charged on the Consolidated Fund of India

Answer 513

T

although salaries are charged on CF of respective states

Question 514

T/F:

jurisdiction and powers of a high court can be changed both by the parliament
and the state legislature.

Answer 514

T

except in those respects that are mentioned in the constitution

Question 515

T/F: Constitution does not contain detailed provisions with regard
to the jurisdiction and powers of a high court

Answer 515

T

It only lays down that the
jurisdiction and powers of a high court are to be the same as immediately before the commencement of the Constitution

Question 516

addition by Constitution to powers of HC over pre-independence jurisdiction?

Answer 516

Constitution gives a high court jurisdiction over revenue matters
(which it did not enjoy in the pre-constitution era).

Constitution also confers (by other provisions) some more additional powers on a high court like writ jurisdiction, power of superintendence, consultative power, etc

Question 517

original jurisdiction of HC?

Answer 517

1. Matters of admirality, will, marriage, divorce, company laws and contempt of court
2. Disputes relating to the election of members of Parliament and state legislatures.
3. FRs of citizens
4. Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file.
5. The four high courts (i.e., Calcutta, Bombay, Madras and Delhi High Courts) have original civil jurisdiction in cases of higher value.

Before 1973, the Calcutta, Bombay and Madras High Courts also had original criminal jurisdiction. This was fully abolished by the Criminal Procedure Code, 1973.

Question 518

T/F: writ jurisdiction of both the high court and the Supreme Court constitute a part of
the basic structure of the Constitution

Answer 518

T

pronounced by SC in Chandra Kumar case, 1997

Question 519

appellate jurisdiction of HC?

Answer 519

Civil matters:

1. First appeals from the orders and judgements of the district courts, additional district courts and other subordinate courts lie directly to the high court, on both questions of law and fact, if the amount exceeds the stipulated limit.
2. Second appeals from the orders and judgements of the district court or other subordinate courts lie to the high court in the cases involving questions of law only (and not questions of fact).
3. Calcutta, Bombay and Madras High Courts have provision for intracourt appeals. When a single judge of the high court has decided a case (either under the original or appellate jurisdiction of the high court), an appeal from such a decision lies to the division bench of the same high court.
4. Appeals from the decisions of the administrative and other tribunals lie to the division bench of the state high court. In 1997, the Supreme Court ruled that the tribunals are subject to the writ jurisdiction of the high courts

Criminal matters:

1. Appeals from the judgements of sessions court and additional sessions court lie to the high court if the sentence is one of imprisonment for more than seven years.
2. death sentence (popularly known as capital punishment) awarded by a sessions court or an additional sessions court should be confirmed by the HC before it can be executed, whether there is an appeal by the convicted person or not.

Question 520

T/F: it is not possible for an aggrieved person to
approach the Supreme Court directly against the decisions of the tribunals

Answer 520

T

In 1997, the Supreme Court
ruled that the tribunals are subject to the writ jurisdiction of the high
courts. Consequently, it is not possible for an aggrieved person to
approach the Supreme Court directly against the decisions of the tribunals,
without first going to the high courts.

Question 521

HC powers: Control over subordinate courts?

Answer 521

1. consulted by the governor in the matters of appointment, posting and promotion of district judges and in the appointments of persons to the judicial service of the state (other than district judges).
2. It deals with the matters of posting, promotion, grant of leave, transfers and discipline of the members of the judicial service of the state (other than district judges).

Question 522

Which of the following are qualifications for person to be appointed as district judge?
1. He should not already be in the service of the Central or the state government.
2. He should be recommended by the high court for appointment.
3. He should have been an advocate or a pleader for not less than five years.
Which of the statements given above are correct?
a) 1, 2
b) 1 only
c) 1, 3
d) 1, 2, 3

Answer 522

A

(1) Appointments of persons to be, and the posting and promotion of district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed as district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

Question 523

T/F: power to review and correct its own judgement has been exclusively granted by Consti to SC

Answer 523

F

high court also has the power to review and correct
its own judgement or order or decision, even though no specific power of
review is conferred on it by the Constitution which only mentions it specifically in case of SC.

Question 524

T/F: The sessions judge has the power to impose any sentence including life imprisonment and capital punishment

Answer 524

T

Though it is subject to confirmation by HC

Question 525

NALSA?

Answer 525

1. moral force from Art 39A (free legal aid), Art 14 and Art 22(1)
2. In the year 1987, the Legal Services Authorities Act was enacted by the Parliament; came into force in 1995. NALSA constituted under it to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.
3. In every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee have been constituted. District Legal Services Authorities, Taluk Legal Services Committees. Supreme Court Legal Services Committee has been constituted to administer and implement the legal services programme insofar as it relates to the SC
4. functions:
   
   1. provide free and competent legal services to eligible persons eg. payment of court fees and other charges, providing service of lawyers etc.
   2. to organize Lok adalats for amicable settlement
   3. organize awareness camps
5. persons eligible:
   
   1. women and children
   2. SC/ST
   3. industrial workmen
   4. victims of mass disaster, violence, industrial disasters
   5. disabled persons
   6. persons in custody
   7. persons with annual income less than 1 L
   8. victims of trafficking or begar

Question 526

T/F:Lok adalats only available for cases that are at pre-litigation stage

Answer 526

T

Question 527

Lok adalats : about?

Answer 527

1. for cases (or disputes) which are pending in a court or which are at pre-litigation
2. was prevalent in ancient India
3. based on Gandhian principles
4. one of components of ADR
5. no court fee
6. basic features: procedural flexibility and speedy trial; no strict application of procedural laws and evidence act

Question 528

Lok adalats: statutory status?

Answer 528

• The first Lok Adalat camp in the post-independence era was organized in Gujarat in 1982; proved very successful
• given statutory status under the Legal Services Authorities Act, 1987. following provisions:

1. SLSC or DLSC or SC-LSC or HC-LSC or Taluk LSC may organize Lok adalats
2. shall consist of such number of serving or retired judicial officers and other persons of the area as may be specified by the agency organizing such Lok Adalat. Generally, a Lok Adalat consists of a judicial officer as the chairman and a lawyer (advocate) and a social worker as members.
3. shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of :
   
   • any case pending before any court; or
   • any matter which is falling within the jurisdiction of any court and is not brought before such court.
4. offences which are non-compoundable under any law fall outside the purview of the Lok Adalat
5. Any case pending before the court can be referred to the Lok Adalat for settlement with the consent of both the parties or even one of the parties if court wishes so
6. Lok Adalat shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure (1908) in summoning witnesses, discovery of documents etc.
7. An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an order of any other court. Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute. No appeal shall lie to any court against the award of the Lok Adalat.

Question 529

Permanent Lok Adalats: origin?

Answer 529

1. The Legal Services Authorities Act, 1987 was amended in 2002 to provide for the establishment of the Permanent Lok Adalats to deal with cases pertaining to the public utility services.
2. drawback in Lok adalats: If the parties do not arrive at any compromise or settlement, the case is either returned to the court of law or the parties are advised to seek remedy in a court of law. This causes unnecessary delay.
3. If Lok Adalats are given power to decide the cases on merits in case parties fails to arrive at any compromise or settlement, this problem can be tackled to a great extent.

Question 530

Permanent Lok Adalats: salient features?

Answer 530

1. consist of a Chairman who is or has been a district judge or additional district judge or has held judicial office higher in rank than that of the district judge and two other persons having adequate experience in public utility services.
2. shall exercise jurisdiction in respect of one or more public utility services
3. pecuniary jurisdiction of the Permanent Lok Adalat shall be up to rupees ten lakhs. However, the Central Government may increase it.
4. NO jurisdiction in respect of any matter relating to an offence not compoundable under any law.
5. After an application is made to the Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any court in the same dispute.
6. In case parties to the dispute fail to reach an agreement, the Permanent Lok Adalat shall decide the dispute on merits.
7. Every award made by the Permanent Lok Adalat shall be final and binding on all the parties thereto

Question 531

Family courts?

Answer 531

1. Family Courts Act 1984
2. Code of Civil Procedure was amended in 1976 to provide for a special procedure to be adopted in suits or proceedings relating to matters concerning the family
3. established by SG in consultation with HC
4. makes it obligatory on the SGs to set up a Family Court in every city or town with a population exceeding one million. in other areas too, if they wish so.
5. prohibits jurisdiction wrt
   
   1. matrimonial relief, incl nullity of marriage, judicial separation, divorce, restitution of conjugal rights and validity of the matrimonial status of a person
   2. property of the spouses
   3. declaration of the legitimacy of a person
   4. guardianship or custody of a minor
   5. maintenance of a wife, children and parents
6. makes it obligatory on the part of the Family Court to endeavour, in the first instance to effect a reconciliation or a settlement between. During this stage, the proceedings will be informal and rigid rules of procedure shall not apply
7. provides that the parties to a dispute before a Family Court shall not be entitled, as of right, to be represented by legal practitioner. However, the Court may, in the interest of justice, seek assistance of a legal expert
8. provides for only one right of appeal which shall lie to the High Court.

Question 532

Gram nyayalays: origin?

Answer 532

Gram Nyayalayas Act, 2008

to provide access to justice to the citizens at their doorsteps and to
ensure that opportunities for securing justice are not denied to any citizen due
to social, economic or other disabilities.

Question 533

Gram nyayalays: features?

Answer 533

1. GN’s presiding officer, Nyayadhikari, shall be appointed by SG in consultation with HC. Nyayadhikaris are strictly judicial officers, same as First class magistrates under HCs
2. GN shall be established fr every Panchayat at intermediate level
3. GN shall be mobile court
4. powers of both Civil and criminal court
5. seat of GN will be located at hqrs of intermediate Panchayat and they will go to villages, work there and dispose of the cases
6. both CG and SG can amend their jurisiction
7. GN shall follow summary procedure in criminal trial.
8. GN shall exercise the powers of a Civil Court with certain modifications and shall follow the special procedure as provided in the Act.
9. shall try to settle the disputes as far as possible by bringing about conciliation using conciliators appointed for that purpose
10. not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by HC
11. Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months; Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months

Question 534

Gram nyayalays: progress in setting up by SGs?

Answer 534

SC, in feb 2020, directed the states, which are yet to come out with notifications for establishing ‘Gram Nyayalayas’, to do so at the earliest.

So far only 11 states have taken steps to notify Gram Nyayalayas. Several states have issued notifications for establishing ‘Gram Nyayalayas’ but all of them were not functioning except in Kerala, Maharashtra and Rajasthan.

Only 208 ‘Gram Nyayalayas’ are functioning in the country as against 2,500 estimated to be required by the 12th five-year plan.

Question 535

matters that can be entertained as PIL?

Answer 535

1. Bonded labour
2. neglected children
3. non-payment of minimum wages and exploitation of casual workers and violation of labour laws (except in individual cases)
4. Petitions from jails complaining of harassment, for pre-mature release and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as FR
5. Petitions against police for refusing to register a case, harassment by police and death in police custody
6. Petitions against atrocities on women, in particular harassment of bride, bride-burning, rape, murder, kidnapping, etc
7. Petitions complaining of harassment or torture of villagers by co-villagers or by police from persons belonging to SC/ST/EBC
8. Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance
9. Petitions from riot-victims
10. Family pension

Question 536

T/F: procedural laws apply on PIL cases

Answer 536

T

They do apply but some flexibility is allowed by the court

Question 537

Tribunals: constitutional provisions?

Answer 537

original Constitution did not contain provisions

42nd Amendment Act of 1976 added a new Part XIV-A- Tribunals

consists of only two Articles—Article 323 A dealing with administrative tribunals and Article 323 B dealing with tribunals for other matters.

Question 538

Art 323 A?

Answer 538

1. Article 323 A enables the Parliament to take out the adjudication of disputes relating to service matters from the civil courts and the high courts and place it before the administrative tribunals
2. In pursuance of Article 323 A, the Parliament has passed the Administrative Tribunals Act in 1985
3. act authorises the Central government to establish one Central administrative tribunal and the state administrative tribunals

Question 539

Central Administrative Tribunal (CAT): when? bench?

Answer 539

1. set up in 1985 with the principal bench at Delhi and additional benches in different states

Question 540

CAT: jurisdiction?

Answer 540

1. CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it.
2. Its jurisdiction extends to the all-India services, the Central civil services, civil posts under the Centre and civilian employees of defence services.
3. However, the members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by it.

Question 541

CAT: Composition and appointment?

Answer 541

1. CAT is a multi-member body consisting of a chairman and 65 members. Earlier, the CAT consisted of a Chairman, Vice-Chairmen and members
2. With the amendment in Administrative Tribunals Act, 1985 in 2006, the members have been given the status of judges of High Courts.
3. Members are drawn from both judicial and administrative streams
4. Members are appointed by the president (in concurrence with CJI and approved by Appointments committee of the Cabinet)
5. appointments are made on the basis of recommendation of a high powered selection committee chaired by a sitting judge of SC who is nominated by CJI
6. They hold office for a term of five years or until they attain the age of 65 years, in case of chairman and 62 years in case of members, whichever is earlier.

Question 542

CAT: rules of procedure?

Answer 542

• CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908.
• It is guided by the principles of natural justice
• Only a nominal fee of 50 is to be paid by the applicant.
• The applicant may appear either in person or through a lawyer.

Question 543

CAT: appeals?

Answer 543

Originally, appeals against the orders of the CAT could be made only in the Supreme Court and not in the high courts

However in teh Chandra Kumar case (1997), Supreme Court declared this restriction on the jurisdiction of the high courts as unconstitutional. It laid down that appeals against the
orders of the CAT shall lie before the division bench of the concerned high
court.

Question 544

State Administrative Tribunals: legal backing? which states?

Answer 544

• Administrative Tribunals Act of 1985 empowers the Central government to establish the State Administrative Tribunals (SATs) on specific request of the concerned SGs.
• So far (2016), the SATs have been set up in the nine states of
  
  • Andhra Pradesh, Odisha, Karnataka, Maharashtra, West Bengal, Kerala and Himachal Pradesh (abolished but re-established)
  • Madhya Pradesh, Tamil Nadu: abolished

Question 545

State Administrative Tribunals:jurisdiction?

Answer 545

Like the CAT, the SATs exercise original ju-risdiction in relation to
recruitment and all service matters of state government employees

Question 546

State Administrative Tribunals: appointment?

Answer 546

Chairman and members of the SATs are appointed by the president after consultation with the governor of the state concerned

Question 547

joint administrative tribunal (JAT)?

Answer 547

1. Administrative Tribunals Act of 1985 also makes a provision for setting up of joint administrative tribunal (JAT) for two or more states.
2. A JAT exercises all the jurisdiction and powers exercisable by the administrative tribunals for such states.
3. The chairman and members of a JAT are appointed by the president after consultation with the governors of the concerned states.

Question 548

Art 323-B?

Answer 548

Under Article 323 B, the Parliament and the state legislatures are authorised to provide for the establishment of tribunals for the adjudication of disputes relating to the following matters:

1. Taxation
2. Foreign exchange, import and export
3. industrial and labour
4. land reforms
5. ceiling on urban property
6. elections to parliament and state legislatures
7. food stuffs
8. rent and tenancy rights

In 2010, the Supreme Court clarified that the subject matters under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matters under their purview as specified in the Seventh Schedule of the Constitution

Question 549

Art 323-A vs Art 323-B?

Answer 549

1. While Article 323 A contemplates establishment of tribunals for public service matters only, Article 323 B contemplates establishment of tribunals for certain other matters (mentioned above).
2. While tribunals under Article 323 A can be established only by Parliament, tribunals under Article 323 B can be established both by Parliament and state legislatures with respect to matters falling within their legislative competence.
3. Under Article 323 A, only one tribunal for the Centre and one for each state or two or more states may be established. There is no question of hierarchy of tribunals, whereas under Article 323 B a hierarchy of tribunals may be created.

Question 550

Tribunals: intro?

Answer 550

• Tribunals are judicial or quasi-judicial institutions established by law.
• They intend to provide a platform for faster adjudication as compared to traditional courts, as well as expertise on certain subject matters
• Art 323 A and Art 323B inserted in 1976 via 42nd CAA
• Currently, tribunals have been created both as substitutes to High Courts and as subordinate to High Courts. In the former case, appeals from the decisions of Tribunals (such as the Securities Appellate Tribunal) lie directly with the Supreme Court. In the latter case (such as the Appellate Board under the Copyright Act, 1957), appeals are heard by the corresponding High Court.
• The tribunal system has developed as a parallel to the traditional court system over the last eighty years

Question 551

Tribunals: key developments?

Answer 551

• The Income Tax Appellate Tribunal was created in 1941 to reduce pendency of cases in courts. It was the first tribunal in India
• recommended by 1st ARC (1969) as well as Swaran Singh Committee (1976)
• After the insertion of Articles 323A and 323B in 1976, several tribunals such as the Central Administrative Tribunal as well as sector specific tribunals were set up from the 1980s to 2010s. Other tribunals set up were the Securities Appellate Tribunal to hear appeals against decisions of financial sector regulators, an Appellate Tribunal where decisions of the Central Film Certification Board could be challenged, and an Appellate Tribunal for Electricity to hear tariff issues.
• The Finance Act, 2017 reorganised the tribunal system by merging tribunals based on functional similarity. The number of Tribunals was reduced from 26 to 19. It delegated powers to the central government to make Rules to provide for the qualifications, appointments, removal, and conditions of service for chairpersons and members of these tribunals
• The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in Lok Sabha in February. As the Bill was pending at the end of the session, an Ordinance with similar provisions was promulgated in April 2021. They abolish nine tribunals and transfer their functions to existing judicial bodies (mainly High Courts).

Question 552

Tribunals: issues?

Answer 552

1. As quasi-judicial bodies, whether they have the same degree of independence from the Executive as the courts that they replace.
   
   1. In 2010, the Supreme Court noted that the tribunals in India have not achieved complete independence.
   2. In 2014, the Supreme Court while reviewing the National Tax Tribunal Act, 2005 stated that when a tribunal is vested with jurisdiction of High Courts, the tribunal must be free from executive interference.²² Any involvement of the central government in administrative activities of tribunals (such as sanctioning leave for members) would affect their independence
   3. In 1986, while reviewing the Administrative Tribunal Act, 1985 the Supreme Court stated that the total insulation of the judiciary from all forms of interference from the executive is a basic essential feature of the Constitution.²⁰ Thus, empowering the central government to appoint the Chairperson and other members of a Tribunal established as a substitute of a High Court, violates the independence of judiciary.
   4. In 2019, the Supreme Court reiterated that the lack of judicial dominance in the selection committees of tribunals violates the doctrine of separation of powers and is an encroachment on the judicial domain.²³ Further, the Court clarified that the Executive is often a party in litigations and hence, they should not be allowed to be a dominant party in judicial appointments
2. The level of their success in achieving quicker decision on disputes.
   
   1. even some tribunals face the issue of a large backlog of cases. For example, as of March 15, 2021, the central government industrial tribunal cum-labour courts had 7,312 pending cases; as of February 28, 2021, the Armed Forces Tribunal had 18,829 pending cases; and as of January 1, 2018, the Income-tax Appellate Tribunal had 91,643 pending cases.
   2. The lack of human resources (such as inadequate number judges) is observed to be one of the key reasons for accumulation of pending cases in courts.³⁰ The Standing Committee on Personnel, Public Grievances, Law and Justice (2015) had noted that several tribunals (such as Cyber Appellate Tribunal and Armed Forces Tribunal) have vacancies which makes them dysfunctional.
3. Usurpation of Judicial powers: In 1986, the Supreme Court ruled that Parliament may create an alternative to High Courts provided that they have the same efficacy as the High Courts. In 1997, the Supreme Court ruled that such Tribunals may decide questions on constitutional validity of statutory provisions.²¹ However, they will be considered as a supplement rather than as substitutes to High Courts on such matters.²¹ Thus, their decisions on such matters may be examined by a division bench of the High Court.
4. problem of non-uniformity across tribunals with respect to service conditions, tenure of members, varying nodal ministries in charge of different tribunals.

Question 553

Tribunals: national Tribunal Commission?

Answer 553

The idea of an NTC was first mooted by the Supreme Court in L. Chandra Kumar v. Union of India (1997).

• Objective: NTC is envisaged to be an independent umbrella body to supervise the functioning of tribunals, appointment of and disciplinary proceedings against members, and to take care of administrative and infrastructural needs of the tribunals.
• Uniformity: NTC will support uniform administration across all tribunals. It could set performance standards for the efficiency of tribunals and their own administrative processes.
• Ensuring Separation of Powers: Giving the NTC the authority to set members’ salaries, allowances, and other service conditions, subject to regulations, would help maintain tribunals’ independence.
  • The NTC could pave the way for the separation of the administrative and judicial functions carried out by various tribunals.
• Expansion of Services: A ‘corporatised’ structure of NTC with a Board, a CEO and a Secretariat will allow it to scale up its services and provide requisite administrative support to all tribunals across the country.
• Autonomous Oversight: NTC could function as an independent recruitment body to develop and operationalise the procedure for disciplinary proceedings and appointment of tribunal members.
  • An NTC will effectively be able to bring in uniformity in the appointment system meanwhile ensuring that it is independent and transparent.

Question 554

Consider the following statements regarding Gram Sabha.
1. The term Gram Sabha is not defined in the Constitution of India.
2. It is a permanent body.
3. The power to annul a decision of the Gram Sabha rests with state Government.
Which of the above statements is/are correct?
a) 1, 2
b) 2 only
c) 2, 3
d) 1, 2, 3

Answer 554

B

• The term Gram Sabha is defined in the Constitution of India under Article 243(b).
• Gram Sabha is the primary body of the Panchayati Raj system and by far the
largest.
• It is a permanent body.
• The power to annul a decision of the Gram Sabha rests with the Gram Sabha only.

Question 555

Election Expenditure Limit?

Answer 555

• It is the amount an election candidate can legally spend for their election campaign and has to account for, which includes expenses on public meetings, rallies, advertisements, posters, banners, vehicles and advertisements.
• Under Section 77 of the Representation of the People Act (RPA), 1951, every candidate shall keep a separate and correct account of all expenditure incurred between the date on which they have been nominated and the date of declaration of the result.
• All candidates are required to submit their expenditure statement to the ECI within 30 days of the completion of the elections.
• An incorrect account or expenditure beyond the cap can lead to disqualification of the candidate by the ECI for up to three years, under Section 10A of RPA, 1951.
• In December 2019, aprivate member’s billwas introduced in the Parliament which intended to do away with the cap on election spending by candidates.
  
  • The move was taken on the grounds that the ceiling on election expenses ends up being counterproductive by encouraging candidates to under-report their expenditure.
• There is no cap on a political party’s expenditure, which is often exploited by candidates of the party.
  
  • However, all registered political parties have to submit a statement of their election expenditure to the ECI within 90 days of the completion of the elections.

Question 556

Recommendations on State Funding: committees and other recommendations?

Answer 556

• Indrajit Gupta Committee (1998): It suggested that state funding would ensure a level playing field for poorer political parties and argued that such a move would be in public interest.
  
  • It also recommended that state funds should only be given to recognised national and State parties and funding should be given in the form of free facilities provided to these parties and their candidates.
• Law Commission Report (1999): It stated that a state funding of elections is ‘desirable’ provided that political parties are prohibited from taking funds from other sources.
• National Commission to Review the Working of the Constitution (2000): It did not support the idea but mentioned that an appropriate framework for the regulation of political parties needs to be implemented before state funding is considered.

Question 557

Consider the following statements.
1. As per the Manual on Parliamentary Work, after passing a law, the Ministries/Departments must frame rules within a period of one year.
2. In case the Ministries/Departments are not able to frame the rules within the prescribed period after a legislation is passed, they should seek extension of time from the Committee on Subordinate Legislation.
Which of the above statements is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer 557

B

As per the Manual on Parliamentary Work, in case the Ministries/Departments are not able to frame the rules within the prescribed period of six months after a legislation is passed, “they should seek extension of time from the Committee on Subordinate Legislation stating reasons for such extension” which cannot be more than three months at a time.

Question 558

Under the Indian Constitution
1. A person who voluntarily acquires citizenship of any other country is no longer an Indian citizen.
2. An Overseas Citizen of India (OCI) loses his Indian citizenship if he violates any Indian law, whether in domestic or foreign territory.
Which of the above statements is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer 558

A

Under Article 9 of the Indian Constitution, a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen.

The OCI Cardholder (including a PIO Cardholder) is a foreign national holding passport of a foreign country and is not a citizen of India.

Question 559

Consider the following statements regarding Fundamental Rights.
1. They promote the idea of social and economic democracy.
2. They are sacrosanct and permanent.
3. Most of them are directly enforceable while a few are enforced by a law made by the parliament and state legislatures.
Which of the above statements is/are incorrect?
a) 1 only
b) 1, 2
c) 2, 3
d) 1, 2, 3

Answer 559

D

They promote the idea of political democracy. DPSP promote the idea of social and economic democracy

Most of them are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained

Question 560

Consider the following statements
1. Fundamental rights are negative as they prohibit the state from doing certain things whereas directive principles are positive as they require the State to do certain things
2. Fundamental rights do not require any legislation for their implementation whereas directive principles require legislation for their implementation.
Which of the above statements is/are incorrect?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer 560

D

Question 561

Which of the following provisions concerning Vice-president of India are mentioned in the Constitution?
1. Time of holding election to fill vacancy in the office of Vice-President
2. Oath or affirmation by the Vice-President
3. Discharge of President’s functions by the Vice-President in certain contingencies
4. Vice-President to act as ex-officio chairman of the council of states
Select the correct answer code:
a) 1, 2, 3
b) 2, 3
c) 2, 3, 4
d) 1, 2, 3, 4

Answer 561

D

Question 562

Consider the following statements regarding the Constituent Assembly of India.
1. The representatives of princely states were nominated by the heads of the princely states
2. More number of seats were allotted to Governors’ provinces compared to Chief commissioners’ provinces.
3. Viceroy of India was a member of the assembly.
Which of the above statements is/are correct?
a) 1 only
b) 1, 2
c) 1, 3
d) 1, 2, 3

Answer 562

B

The representatives of princely states were to be nominated by the heads of the princely states. Thus, the Constituent Assembly was partly elected and partly nominated body.

Out of 296 seats allotted to the British India, 292 members were to be drawn from the eleven governors’ provinces and four from the four chief commissioners’ provinces, one from each.

Statement 3: There was no such representation.
Constituent Assembly included all important personalities of India at that time, with the exception of Mahatma Gandhi and M A Jinnah.

Question 563

Consider the following statements regarding the Constituent Assembly of India.
1. It was constituted in 1946 under the scheme formulated by the Cabinet Mission Plan.
2. The general scheme was that each province and a large princely state were to be allotted seats in proportion to their respective population.
3. Communal representation was abolished for the assembly.
Which of the above statements is/are correct?
a) 1 only
b) 1, 2
c) 1, 3
d) 1, 2, 3

Answer 563

B

Each province and princely state (or group of states in case of small states) were to be allotted seats in proportion to their respective population.
Seats allocated to each British province were to be decided among the three principal communities—Muslims, Sikhs and general, in proportion to their population.

Question 564

The composition and manner of the election of the members of the Legislative Council of a State can be changed only by

a) An order of the President
b) Constitutional amendment as under Article 368
c) Law of the Parliament
d) Resolution of the concerned State Legislative Assembly

Answer 564

C

Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty, until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3) of Article 171.

Question 565

Consider the following statements regarding Speaker Pro-Tem.
1. She is elected by the Lok Sabha from amongst the members of the house.
2. She is responsible for chairing the meetings of Lok Sabha until the new elected Speaker becomes acquainted with the Parliamentary procedures.
3. The Speaker Pro-Tem has all the powers of the Speaker.
Which of the above statements is/are correct?
a) 1, 3
b) 3 only
c) 2, 3
d) 1, 2

Answer 565

B

Speaker Pro-Tem is not Elected but appointed by Prez

Question 566

The administrator of a Union territory, with a State Legislature, can promulgate Ordinances during the recess of Legislature under which of the following circumstances
1. When the legislature has been suspended
2. When the legislature has been dissolved
Select the correct answer code:
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer 566

D

Article 239B. Power of administrator to promulgate

Ordinances during recess of Legislature.

If at any time, except when the Legislature of the Union territory of Puducherry is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:
Provided that no such Ordinance shall be promulgated by the administrator except after obtaining instructions from the President in that behalf:

Provided further that whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension.

Question 567

Which of the following is/are expenditure charged upon the Consolidated Fund of India?

1. Emoluments and allowances of the President of India
2. Salaries, allowances and pensions of the judges of the Supreme Court and High Courts. 3. Administrative expenses of the office of the Comptroller and Auditor General of India. 4. Any sum required to satisfy any judgment, decree or award of any court or arbitral tribunal.
   Select the correct answer code:
   a) 1, 3
   b) 1, 3, 4
   c) 1, 2, 4
   d) 1, 2, 3, 4

Answer 567

B

The list of the charged expenditure is:
• Emoluments and allowances of the President and other expenditure relating to his office.
• Salaries and allowances of the Chairman and the Deputy Chairman of the Rajya Sabha and the Speaker and the Deputy Speaker of the Lok Sabha.
• Salaries, allowances and pensions of the judges of the Supreme Court.
• Pensions of the judges of high courts.
• Salary, allowances and pension of the CAG
• Salaries, allowances and pension of the chairman and members of the UPSC.
• Administrative expenses of the SC, the office of the CAG and the UPSC including the salaries, allowances and pensions of the persons serving in these offices.
• The debt charges for which the Government of India is liable, including interest, sinking fund charges and redemption charges and other expenditure relating to the raising of loans and the service and redemption of debt.
• Any sum required to satisfy any judgment, decree or award of any court or arbitral tribunal.
• Any other expenditure declared by the Parliament to be so charged.
The salaries and allowances of the judges, the salaries, allowances and pensions of the staff as well as the administrative expenses of a high court are charged on the consolidated fund of the state.

Question 568

Which of the following affect the bills or any other business pending before Lok Sabha, other than pending notices?
1. Prorogation of a session
2. Adjournment of a sitting of the House
Select the correct answer code:
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer 568

D

Adjournment only terminates a sitting and not a session of the House. Prorogation not only terminates a sitting but also a session of the House.
Adjournment is done by presiding officer of the House; whereas Prorogation is done by the president of India.
Adjournment does not affect the bills or any other business pending before the House; whereas Prorogation also does not affect the bills or any other business pending before the House

However, all pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session.

Question 569

Arrange the following committees based on the formation from the earliest.
1. Balwant Rai Mehta Committee
2. Ashok Mehta Committee
3. L M Singhvi Committee
4. G V K Rao Committee
Select the correct answer code:
a) 1-2-3-4
b) 1-2-4-3
c) 2-1-4-3
d) 2-1-3-4

Answer 569

B

Balwant Rai Mehta Committee (1957): Originally appointed by the Government of India to examine the working of two of its earlier programs, the committee submitted its report in November 1957, in which the term ‘democratic decentralization ‘first appears.

Ashok Mehta Committee (1977-1978): The committee was constituted by the Janata government of the time to study Panchayati Raj institutions.

G V K Rao Commitee (1985): Appointed by the Planning Commission, the committee concluded that the developmental procedures were gradually being taken away from the local self-government institutions, resulting in a system comparable to ‘grass without roots’.

L M Singhvi Commitee (1986): Constituted by the Rajiv Gandhi government on ‘Revitalisation of Panchayati Raj institutions for Democracy and Development’

Question 570

Consider the following statements about Leader of the House.

1. The term Leader of the House has been defined in the Constitution of India.
2. By default the Leader of the House in the Lok Sabha is the prime Minister, if he is a Member of that House.
3. The Leader of the Lok Sabha never sits in the Business advisory Committee.

Which of the above statements is/are correct?

a) 1, 2
b) 1, 3
c) 2 only
d) 2, 3

Answer 570

D

The term Leader of the House has been defined in Rules of Procedure of the Lok Sabha and the Rajya Sabha

The Leader of the Lok Sabha. viz., Prime Minister, never sits in the Business advisory Committee; he or she is represented by the Minister for Parliamentary Affairs in the Business Advisory Committee.

The Leader of the House in the Rajya Sabha is generally a member of the Business Advisory Committee (BAC). In the event, he is not a member of the BAC, he is invited to attend its meetings.

Question 571

With reference to the power of judicial review of high courts, consider the following statements
1. High court can review the laws enacted by the Parliament and also state legislatures.
2. High court cannot interpret the Constitution while reviewing any law or order passed by the government, as Supreme Court is the sole interpreter of Constitution.
Which of the above statements is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Answer 571

A

High court can interpret the Constitution while reviewing any law or order passed by the government

Question 572

The term of the Lok Sabha can be extended under which of these circumstances?
1. When a national or financial emergency is in operation.
2. When the Rajya Sabha approves so on a special recommendation made by the Prime Minister.
3. When a new government cannot be formed even after the completion of the term of the previous Lok Sabha.
Select the correct answer code:
a) 1 only
b) 2, 3
c) 1, 2
d) None of the above

Answer 572

D

During National Emergency, the duration of Lok Sabha can be extended to a maximum of 1 year at a time by passing a law in the parliament. The term of 5th Lok Sabha was extended twice by passing House of the People (extension of duration) Act, 1976. However, this extension cannot continue beyond a period of six months after the Emergency ceases to operate.
However, the same is not applicable for financial emergency.

Question 573

Consider the following statements.

1. According to the Constitution of India, The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit.
2. The Governor always has to act on the aid and advice of the cabinet and cannot decide on his or her own on summoning the House.
   Which of the above statements is/are correct?
   a) 1 only
   b) 2 only
   c) Both 1 and 2
   d) Neither 1 nor 2

Answer 573

A

Although it is the Governor’s prerogative to summon the House, according to Article 163, the Governor is required to act on the “aid and advice” of the Cabinet. So when the Governor summons the House under Article 174, this is not of his or her own will but on the aid and advice of the Cabinet.

There are a few instances where the Governor can summon the House despite the refusal of the Chief Minister who heads the Cabinet. When the Chief Minister appears to have lost the majority and the legislative members of the House propose a no-confidence motion against the Chief Minister, then the Governor can decide on his or her own on summoning the House.
But the actions of the Governor, when using his discretionary powers can be challenged in court.

Question 574

Consider the following statements regarding 73rd amendment act of 1992.
1. The act has given a practical shape to Article 40 of the Constitution.
2. The act gives a constitutional status to the Panchayati raj institutions.
3. It has brought the Panchayati raj institutions under the purview of the justiciable part of the Constitution.
Which of the above statements is/are correct?
a) 1, 2
b) 1, 3
c) 2, 3
d) 1, 2, 3

Answer 574

D

Question 575

Article 1 of INdian Constitution?

Answer 575

the territory of India comprises three categories of territories: (a) territories of the states;

(b) union territories; and
(c) territories that may be acquired by the Government of India at any time.

Question 576

Creation of UTs: equivalence in pre-Independence INdia?

Answer 576

During the British Rule, certain areas were constituted as ‘scheduled districts’ in 1874.

Later, they came to be known as ‘chief commissioners provinces’.

After independence, they were placed in the category of Part ‘C’ and Part ‘D’ states

Question 577

Creation of UTs:

T/F: UTs were first constituted by the 7th CAA, 1956 and States Reorganisation Act, 1956

Answer 577

T

Question 578

Creation of UTs: States that were once UTs?

Answer 578

Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh, Goa and J&K

Question 579

Creation of UTs: chronological order of the present UTs?

Answer 579

1956: A&N, Delhi and Lakshadweep
1961: Dadra & Nagar Haveli
1962: Daman and Diu, Puducherry
1966: Chandigarh

Question 580

Creation of UTs: various reasons for their creation?

Answer 580

1. Political and administrative consideration—Delhi and Chandigarh.
2. Cultural distinctiveness—Puducherry, Dadra and Nagar Haveli, and Daman and Diu.
3. Strategic importance—Andaman and Nicobar Islands and Lakshadweep.
4. Special treatment and care of the backward and tribal people—Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states.

Question 581

Administration of UTs: Part?

Answer 581

Articles 239 to 241 in Part VIII

Question 582

Administration of UTs: different administartors of the UTs?

Answer 582

The President can specify the designation of an administrator

At present, it is

• Lieutenant Governor in the case of Delhi, Puducherry and Andaman and Nicobar Islands and
• Administrator in the case of Chandigarh, Dadra and Nagar Haveli, Daman and Diu and Lakshadweep

Question 583

Administration of UTs: powers of Parliament?

Answer 583

• The Parliament can make laws on any subject of the three lists (including the State List) for the union territories.
• This power of Parliament also extends to Puducherry and Delhi, which have their own local legislatures.
• But, the legislative assembly of Puducherry can also make laws on any subject of the State List and the Concurrent List.
• Similarly, the legislative assembly of Delhi can make laws on any subject of the State List (except public order, police and land) and the Concurrent List.
• The Parliament can establish a high court for a union territory or put it under the jurisdiction of the high court of adjacent state

Question 584

Administration of UTs: powers of President?

Answer 584

The President can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, and Daman and Diu.

In the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved.

A regulation made by the President has the same force and effect as an act of Parliament and can also repeal or amend any act of Parliament in relation to these union territories.

Question 585

Administration of UTs: Judiciary?

Answer 585

The Parliament can establish a high court for a union territory or put it under the jurisdiction of the high court of adjacent state.

Delhi is the only union territory that has a high court of its own (since 1966).

The Bombay High Court has got jurisdiction over two union territories—Dadra and Nagar Haveli, and Daman and Diu.

Andaman and Nocobar Islands, Chandigarh, Lakshadweep and Puducherry are placed under the Calcutta, Punjab and Haryana, Kerala, and Madras High Courts respectively

Question 586

T/F: Delhi is the only union territory that has a high court of its own

Answer 586

T

Question 587

T/F: Part I of Indian Constitution contains provisions for administartion of acquired territories

Answer 587

F

The Constitution does not contain any separate provisions for the administration of acquired territories.

But, the constitutional provisions for the administration of union territories also apply to the acquired territories

Question 588

Administration of Delhi: constitutional Amendment?

Answer 588

• The 69th Constitutional Amendment Act of 1991 provided a special status to the Union Territory of Delhi, and redesignated it the National Capital Territory of Delhi and designated the administrator of Delhi as the lieutenant (lt.) governor
• It created a legislative assembly and a council of ministers for Delhi.
  
  • Previously, Delhi had a metropolitan council and an executive council.

Question 589

Administration of Delhi: Delhi Legislature?

Answer 589

• The strength of the assembly is fixed at 70 members, directly elected by the people.
• The elections are conducted by the election commission of India.
• The assembly can make laws on all the matters of the State List and the Concurrent List except the three matters of the State List, that is, public order, police and land.
• But, the laws of Parliament prevail over those made by the Assembly.

Question 590

Administration of Delhi: Executive?

Answer 590

• The strength of the council of ministers is fixed at ten per cent of the total strength of the assembly, that is, seven—one chief minister and six other ministers.
• The chief minister is appointed by the President (not by the lt. governor).
• The other ministers are appointed by the president on the advice of the chief minister.
• The ministers hold office during the pleasure of the president.
• The council of ministers is collectively responsible to the assembly
• In the case of difference of opinion between the lt. governor and his ministers, the lt. governor is to refer the matter to the president for decision and act accordingly

Question 591

Administration of Delhi: Ordinance Making powers of Lt. guv?

Answer 591

• The lt. governor is empowered to promulgate ordinances during recess of the assembly. An ordinance has the same force as an act of the assembly
  
  • Every such ordinance must be approved by the assembly within six weeks from its reassembly.
  • He can also withdraw an ordinance at any time.
  • But, he cannot promulgate an ordinance when the assembly is dissolved or suspended.
  • Further, no such ordinance can be promulgated or withdrawn without the prior permission of the President.

Question 592

Administration of UTs: role of CG?

Answer 592

Under the Government of India (Allocation of Business) Rules 1961, Ministry of Home Affairs is the nodal ministry for all matters of Union Territories relating to legislation, finance and budget, services and appointment of Lt. Governors and Administrators

Question 593

Administration of UTs: Home MInistry’s Advisory Committee (HMAC)?

Answer 593

All the five UTs without legislature (Andaman and Nicobar Islands, Chandigarh, Daman and diu, Dadra and Nagar Haveli and Lakshadweep) have the forum of Home Minister’s Advisory Committee

HMAC is chaired by the Union Home Minister

Question 594

Administration of UTs: Administrator’s Advisory Committee (AAC)?

Answer 594

• All the five UTs without legislature have AACs
• headed by the respective administrator
• Member of Parliament and elected members from the local bodies e.g. District Panchayats and Municipal Council of the respective UTs are members of these committees among others.
• The Committee discusses the general issues relating to social and economic development of the UTs.

Question 595

Scheduled and Tribal areas: Part? Articles related to administration of scheduled and tribal areas?

Answer 595

Part X

Article 244, 244A and 339

Question 596

Scheduled and Tribal areas: schedules?

Answer 596

• Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram
• The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram

Question 597

Scheduled and Tribal areas: Need for special provisions in 5th schedule?

Answer 597

The scheduled areas are treated differently from the other areas in the country because they are inhabited by ‘aboriginals’ who are socially and economically rather backward, and special efforts need to be made to improve their condition

Question 598

Scheduled and Tribal areas: various provisions 5th schedule: headngs?

Answer 598

1. Declaration of scheduled states
2. executive power of SG
3. executive power of CG
4. Tribal advisory council
5. Laws applicable to scheduled areas
6. Commission to report on administration

Question 599

Scheduled and Tribal areas: various provisions 5th schedule: Declaration of scheduled states?

Answer 599

• The president is empowered to declare an area to be a scheduled area.
• He can also increase or decrease its area, alter its boundary lines, rescind such designation or make fresh orders for such redesignation on an area in consultation with the governor of the state concerned.

Question 600

Scheduled and Tribal areas: various provisions 5th schedule: executive power of SG?

Answer 600

• The executive power of a state extends to the scheduled areas therein.
• But the governor has a special responsibility regarding such areas. He has to submit a report to the president regarding the administration of such areas, annually or whenever so required by the president.

Question 601

Scheduled and Tribal areas: various provisions 5th schedule: executive power of CG?

Answer 601

The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.

Question 602

Scheduled and Tribal areas: various provisions 5th schedule: Tribal advisory council?

Answer 602

• Each state having scheduled areas has to establish a tribes advisory council to advise on welfare and advancement of the scheduled tribes.
• It is to consist of 20 members, three-fourths of whom are to be the representatives of the scheduled tribes in the state legislative assembly.
• A similar council can also be established in a state having scheduled tribes but not scheduled areas therein, if the president so directs.

Question 603

Scheduled and Tribal areas: various provisions 5th schedule: Law applicable to scheduled areas?

Answer 603

• The governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions.
• He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council.
  
  • Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes and regulate the business of moneylending in relation to the scheduled tribes.
• Also, a regulation may repeal or amend any act of Parliament or the state legislature, which is applicable to a scheduled area.
• But, all such regulations require the assent of the president

Question 604

Scheduled and Tribal areas: various provisions 5th schedule: Commission to report on administration?

Answer 604

• The Constitution requires the president to appoint a commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states.
• He can appoint such a commission at any time but compulsorily after ten years of the commencement of the Constitution. Hence, a commission was appointed in 1960. It was headed by U N Dhebar and submitted its report in 1961.
• After four decades, the second commission was appointed in 2002 under the chairmanship of Dilip Singh Bhuria. It submitted its report in 2004.

Question 605

Scheduled and Tribal areas: rationality behind the classification of states in 6th schedule?

Answer 605

Constitution, under Sixth Schedule, contains special provisions for the administration of tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram.

The tribes in Assam, Meghalaya, Tripura and Mizoram have not assimilated much the life and ways of the other people in these states. These areas have hitherto been anthropological specimens. The tribal people in other parts of India have more or less adopted the culture of the majority of the people in whose midst they live. The tribes in Assam, Meghalaya, Tripura and Mizoram, on the other hand, still have their roots in their own culture, customs and civilization. These areas are, therefore, treated differently by the Constitution and sizeable amount of autonomy has been given to these people for self-government

Question 606

Scheduled and Tribal areas: various provisions in 6th schedule?

Answer 606

1. The tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram have been constituted as autonomous districts. But, they do not fall outside the executive authority of the state concerned.
2. The governor is empowered to organise and re-organise the autonomous districts. Thus, he can increase or decrease their areas or change their names or define their boundaries and so on.
3. If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions.
4. Each autonomous district has a district council consisting of 30 members, of whom four are nominated by the governor and the remaining 26 are elected on the basis of adult franchise. The elected members hold office for a term of five years (unless the council is dissolved earlier) and nominated members hold office during the pleasure of the governor. Each autonomous region also has a separate regional council.
5. The district and regional councils administer the areas under their jurisdiction. They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs and so on. But all such laws require the assent of the governnor.
6. The district and regional councils within their territorial jurisdictions can constitute village councils or courts for trial of suits and cases between the tribes. They hear appeals from them. The jurisdiction of high court over these suits and cases is specified by the governor.
7. The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district. It can also make regulations for the control of money lending and trading by non-tribals. But, such regulations require the assent of the governor.
8. The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes.
9. The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions. The power of direction, in this regard, lies either with the president or governor. Thus, in the case of Assam, it lies with the Governor, both in respect of acts of Parliament or state legislature. In the case of Meghalaya, Tripura and Mizoram, it lies with the president in respect of acts of Parliament and governor in respect of acts of state legislature.
10. The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions. He may dissolve a district or regional council on the recommendation of the commission

Question 607

Tribal areas under 6th schedule?

Answer 607

1. Assam:
   
   1. North Cachar Hills District
   2. Karbi Anglong District
   3. Bodoland Territorial Areas District
2. Meghalaya
   
   1. Khasi hills district
   2. Jaintia Hills District
   3. Garo Hills District
3. Tripura: Tripura Tribal Areas District
4. Mizoram:
   
   1. Chakma district
   2. Mara district
   3. Lai district

Question 608

How many states in India have scheduled areas?

Answer 608

At present (2016), ten states of India have scheduled areas. These are: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Question 609

Evolution of Panchayati Raj: Committees?

Answer 609

1. Balwant Rai Mehta Committee, 1957
2. Ashok Mehta Committee, 1978
3. GVK Rao Committee 1985
4. LM Singhvi Committee 1986
5. Thungon Committee 1988
6. Gadgil Committee 1988

Question 610

Evolution of Panchayati Raj: Committees: Balwant Rai Mehta Committee?

Answer 610

• Appointed in 1957 to examine the working of the Community Development Programme (1952) and the National Extension Service (1953)

Recommendations:

• Establishment of a three-tier panchayati raj system—gram panchayat at the village level, panchayat samiti at the block level and zila parishad at the district level. These tiers should be organically linked through indirect elections
• The village panchayat should be constituted with directly elected representatives, whereas the panchayat samiti and zila parishad should be constituted with indirectly elected members
• All planning and development activities should be entrusted to these bodies
• There should be a genuine transfer of power and responsibility along with adequate resources to these democratice bodies.
• The council did not insist on a single rigid pattern and left it to the states to evolve their own patterns suitable to local conditions. But the basic principles and broad fundamentals should be identical throughout the country.

These recommendations of the committee were accepted by the National Development Council in January 1958

Question 611

Evolution of Panchayati Raj: Committees: Ashok Mehta Committee?

Answer 611

Appointed in 1977 by Janata Party govt

Recommendations

1. A constitutional recognition should be accorded to the Panchayati Raj institutions. This would give them the requisite status (sanctity and stature) and an assurance of continuous functioning.
2. The three-tier system of panchayati raj should be replaced by the two-tier system, that is, zila parishad at the district level, and below it, the mandal panchayat consisting of a group of villages with a total population of 15,000 to 20,000.
3. A district should be the first point for decentralisation under popular supervision below the state level. Zila parishad should be the executive body and made responsible for planning at the district level
4. The panchayati raj institutions should have compulsory powers of taxation to mobilise their own financial resourses
5. There should be a regular social audit by a district level agency and by a committee of legislators
6. The state government should not supersede the panchayati raj institutions. In case of an imperative supersession, elections should be held within six months from the date of supersession
7. The nyaya panchayats should be kept as separate bodies from that of development panchayats. They should be presided over by a qualified judge
8. Seats for SCs and STs should be reserved on the basis of their population

Due to the collapse of the Janata Government before the completion of its term, no action could be taken on the recommendations of the Ashok Mehta Committee at the central level. However, the three states of Karnataka, West Bengal and Andhra Pradesh took steps to revitalise the panchayati raj, keeping in view some of the recommendations of the Ashok Mehta Committee

Question 612

Evolution of Panchayati Raj: Committees: GVK Rao Committee?

Answer 612

appointed by Planning Commission in 1985. The Committee came to conclusion that the developmental process was gradually bureaucratised and divorced from the Panchayati Raj resulting in ‘Gras without Roots’

Recommendations

1. the district is the proper unit for planning and development and the Zila Parishad should become the principal body for management of all development programmes which can be handled at that level
2. Panchayati Raj institutions at the district and lower levels should be assigned an important role with respect to planning, implementation and monitoring of rural development programmes
3. A post of District Development Commissioner should be created. He should act as the chief executive officer of the Zila Parishad and should be in charge of all the development departments at the district level.
4. Elections to the Panchayati Raj institutions should be held regularly. It found that elections became overdue for one or more tiers in 11 states

It is in this respect that the recommendation of the G.V.K. Rao Committee Report (1986) differed from those of the Dantwala Committee Report on Block-Level Planning (1978) and the Hanumantha Rao Committee Report on District Planning (1984). Both the committees have suggested that the basic decentralised planning function should be done at the district level with District Collector at the centre of planning. In contrast, Balwant Rai Mehta Committee, the Administrative Reforms Commission of India, the Ashok Mehta Committee and finally the G.V.K. Rao Committee which recommended reduction in the developmental role of the District Collector and which assigned a major role to the Panchayati Raj in development administration

Question 613

Evolution of Panchayati Raj: Committees: LM Singhvi Committee?

Answer 613

• The Panchayati Raj institutions should be constitutionally recognised, protected and preserved. For this purpose, a new chapter should be added in the Constitution of India. This will make their identity and integrity reasonably and substantially inviolate. It also suggested constitutional provisions to ensure regular, free and fair elections to the Panchayati Raj bodies.
• Nyaya Panchayats should be established for a cluster of villages
• The villages should be reorganised to make Gram Panchayats more viable. It also emphasised the importance of the Gram Sabha and called it as the embodiment of direct democracy
• The Village Panchayats should have more financial resources

Question 614

Evolution of Panchayati Raj: Committees: Gadgil committee?

Answer 614

constituted in 1988 by the Congress party. The recommenations became the basis for drafting an amendment bill aimed at conferring the constitutional status and protection to the Panchayati Raj institutions.

1. A constitutional status should be bestowed on the Panchayati Raj institutions.
2. A three-tier system of Panchayati Raj with panchayats at the village, block and district levels.
3. The term of Panchayati Raj institutions should be fixed at five years.
4. The members of the Panchayats at all the three levels should be directly elected.
5. Reservation for SCs, STs and women.
6. The Panchayati Raj bodies should have the responsibility of preparation and implementation of plans for socio-economic development. For this purpose, a list of subjects should be specified in the constitution.
7. The Panchayat Raj bodies should be empowered to levy, collect and appropriate taxes and duties.
8. Establishment of a State Finance Commission for the allocation of finances to the Panchayats.
9. Establishment of a State Election Commission for the conduction of elections to the panchayats

Question 615

Evolution of Panchayati Raj: early developments?

Answer 615

Rajasthan was the first state to establish Panchayati Raj. The scheme was inaugurated by the prime minister on October 2, 1959, in Nagaur district.

Rajasthan was followed by Andhra Pradesh, which also adopted the system in 1959. Thereafter, most of the states adopted the system.

Though most of the states created panchayati raj institutions by mid 1960s, there were differences from one state to another with regard to the number of tiers, relative position of samiti and parishad, their tenure, composition, functions, finances and so on

Some states also established nyaya panchayats, that is, judicial panchayats to try petty civil and criminal cases

Question 616

73rd CAA: features?

Answer 616

• added a new Part-IX to the Constitution of India. This part is entitled as ‘The Panchayats’ and consists of provisions from Articles 243 to 243 O.
• In addition, the act has also added a new Eleventh Schedule to the Constitution.
• This schedule contains 29 functional items of the panchayats. It deals with Article 243-G.
• The act has given a practical shape to Article 40 of the Constitution
• passed in 1992 bt received assent of Prez in 1993 due to added req of support by half of SLAs. The act is called 73rd CAA, 1992
• The act gives a constitutional status to the panchayati raj institutions. It has brought them under the purview of the justiciable part of the Constitution. neither the formation of panchayats nor the holding of elections at regular intervals depend on the will of the state government any more.

Question 617

73rd CAA: provisions: headings?

Answer 617

1. Gram sabha
2. Three tier system
3. election
4. reservation of seats
5. duration of term
6. disqualifications
7. State Election Commission
8. Powers and Functions
9. Finances
10. Audits
11. Application to UTs
12. exemptions

Question 618

73rd CAA: provisions: Gram Sabha?

Answer 618

1. provides for a Gram Sabha as the foundation of the panchayati raj system.
2. It is a body consisting of persons registered in the electoral rolls of a village comprised within the area of Panchayat at the village level.
3. It may exercise such powers and perform such functions at the village level as the legislature of a state determines

Question 619

73rd CAA: provisions: Three Tier System?

Answer 619

provides for a three-tier system of panchayati raj in every state, that is, panchayats at the village, intermediate, and district levels.

Thus, the act brings about uniformity in the structure of panchayati raj throughout the country.

However, a state having a population not exceeding 20 lakh may not constitute panchayats at the intermediate level.

Question 620

73rd CAA: provisions: elections?

Answer 620

• All the members of panchayats at the village, intermediate and district levels shall be elected directly by the people.
• Further, the chairperson of panchayats at the intermediate and district levels shall be elected indirectly—by and from amongst the elected members thereof.
• However, the chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines.
• The act bars the interference by courts in the electoral matters of panchayats.
  
  • It declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court.
  • It further lays down that no election to any panchayat is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature.

Question 621

73rd CAA: provisions: reservation of seats?

Answer 621

• reservation of seats for scheduled castes and scheduled tribes in every panchayat (i.e., at all the three levels) in proportion of their population to the total population in the panchayat area.
• Further, the state legislature shall provide for the reservation of offices of chairperson in the panchayat at the village or any other level for the SCs and STs.
• The act provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging the SCs and STs).
• Further, not less than one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women.
• The act also authorises the legislature of a state to make any provision for reservation of seats in any panchayat or offices of chairperson in the panchayat at any level in favour of backward classes.

Question 622

73rd CAA: provisions: Duration of term?

Answer 622

• The act provides for a five-year term of office to the panchayat at every level.
• However, it can be dissolved before the completion of its term.
• Further, fresh elections to constitute a panchayat shall be completed (a) before the expiry of its duration of five years; or (b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
• Moreover, a panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued had it not been so dissolved. In other words, a panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period.
• But, where the remainder of the period (for which the dissolved panchayat would have continued) is less than six months, it shall not be necessary to hold any election for constituting the new panchayat for such period.

Question 623

73rd CAA: provisions: Disqualifications?

Answer 623

if he is so disqualified,

(a) under any law for the time being in force for the purpose of elections to the legislature of the state concerned, or
(b) under any law made by the state legislature.

However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.

Further, all questions of disqualifications shall be referred to such authority as the state legislature determines

Question 624

73rd CAA: provisions: State Election Commission?

Answer 624

The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission

Question 625

73rd CAA: provisions: Powers and Functions?

Answer 625

The state legislature may endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government

29 matters listed in the Eleventh Schedule

1. Agri
2. minor forest produce
3. Land reforms, consolidation, improvement and soil conservation
4. minor irrigation and watershed development
5. animal husbandry, dairying and poultry
6. Fisheries
7. social forestry and farm forestry
8. small scale industries
9. khadi village and cottage industries
10. rural housing
11. drinking water
12. fuel and fodder
13. roads, bridges, ferries, waterways and other means of communication
14. rural electrification icl distribution
15. non-conventional energy resources
16. libraries
17. mkts and fairs
18. Maintenance of community assets
19. cultural activities
20. education incl primary and secondary
21. technical training and vocational education
22. adult and non-formal education
23. health and sanitation incl hospitals, PHCs and dispensaries
24. women and child development
25. family welfare
26. poverty alleviation programme
27. PDS
28. social welfare, incl that of handicapped and mentally challenged
29. Welfare of the weaker sections, and in particular SCs and STs

Question 626

73rd CAA: Compulsory provisions?

Answer 626

1. Gram sabha
2. estab of Panchayats at village, intermediate and district
3. direct election to all seats in panchayats at all levels
4. Indirect elections to the post of chairperson of panchayats at the intermediate and district levels.
5. 21 years to be the minimum age for contesting elections to panchayats
6. Reservation of seats (both members and chairpersons) for SCs and STs in panchayats at all the three levels
7. Reservation of one-third seats (both members and chairpersons) for women in panchayats at all the three levels
8. Fixing tenure of five years for panchayats at all levels and holding fresh elections within six months in the event of supersession of any panchayat.
9. Establishment of a State Election Commission
10. Constitution of a State Finance Commission after every five years to review the financial position of the panchayats.

Question 627

73rd CAA: voluntary provisions?

Answer 627

1. Giving representation to MPs/MLAs in panchayats at different levels
2. Providing reservation of seats (both members and chairpersons) for backward classes in panchayats at any level.
3. Granting powers and authority to the panchayats to enable them to function as institutions of self-government (in brief, making them autonomous bodies)
4. Devolution of powers and responsibilities upon panchayats to prepare plans for economic development and social justice; and to perform some or all of the 29 functions listed in the Eleventh Schedule of the Constitution.
5. Granting financial powers to the pachayats, that is, authorizing them to levy, collect and appropriate taxes, duties, tolls and fees

Question 628

PESA Act. 1996: relevant constitutional provisions?

Answer 628

The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas.

However, the Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify.

Under this provision, the Parliament has enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the PESA Act or the Extension Act.

Question 629

PESA Act. 1996: which states have enacted requisite legislations by amending their respective Panchayati Raj acts acc to PESA?

Answer 629

At present (2016), ten states have Fifth Schedule Areas. These are: Andhra Pradesh, Telangana, Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. All the ten states have enacted requisite compliance legislations by amending the respective Panchayati Raj Acts.

Question 630

PESA Act. 1996: provisions: establishment of panchayat bodies?

Answer 630

Every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level.

Question 631

PESA Act. 1996: provisions: powers of Gram sabha?

Answer 631

• Every Gram Sabha shall be competent to safeguard and preserve the
  
  • traditions and customs of the people,
  • their cultural identity,
  • community resources and
  • the customary mode of dispute resolution.
• Every Gram Sabha shall—
  
  • approve of the plans, programmes and projects for social and economic development before they are taken up for implementation by the Panchayat at the village level; and
  • be responsible for the identification of beneficiaries under the poverty alleviation and other programmes.
• Every Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilisation of funds for the above plans, programmes and projects.

Question 632

PESA Act. 1996: provisions: representation of SCs/STs?

Answer 632

1. The reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to the population of the communities for whom reservation is sought to be given under Part IX of the Constitution. However, the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats. Further, all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes.
2. The state government may nominate such Scheduled Tribes which have no representation in the Panchayat at the intermediate level or the Panchayat at the district level. But such nomination shall not exceed onetenth of the total members to be elected in that Panchayat.

Question 633

PESA Act. 1996: provisions: powers of Panchayats at different levels?

Answer 633

1. The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons affected by such projects in the Scheduled Areas. However, the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the state level.
2. Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Panchayats at the appropriate level.
3. The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas.
4. The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for grant of concession for the exploitation of minor minerals by auction.

Question 634

PESA Act. 1996: provisions: instructions to SG?

Answer 634

• A state legislation on the Panchayats in the Scheduled Areas shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources.
• While endowing Panchayats in the Scheduled Areas with such powers and authority as may be necessary to enable them to function as institutions of self-government, a State Legislature shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically with –
  
  • the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant
  • the ownership of minor forest produce
  • the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe
  • the power to manage village markets
  • the power to exercise control over money lending to the Scheduled Tribes
  • the power to exercise control over institutions and functionaries in all social sectors
  • the power to control local plans and resources for such plans including tribal sub-plans
• The State Legislations shall contain safeguards to ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at the lower level or of the Gram Sabha.
• The State Legislature shall endeavour to follow the pattern of the Sixth Schedule to the Constitution while designing the administrative arrangements in the Panchayats at district levels in the Scheduled Areas.
• Any provision of any law (relating to Panchayats in the Scheduled Areas) which is inconsistent with the provisions of this Act shall cease to be in force at the expiry of one year from the date on which this Act receives the assent of the President . However, all the Panchayats existing immediately before such date shall continue till the expiry of their term, unless dissolved by the State Legislature sooner

Question 635

73rd CAA: Panchayats in our country receive funds in the following ways?

Answer 635

(i) Grants from the Union Government based on the recommendations of the Central Finance Commission as per Article 280 of the Constitution.
(ii) Devolution from the State Government based on the recommendations of the State Finance Commission as per Article 243-I.
(iii) Loans / grants from the State Government.
(iv) Programme-specific allocation under Centrally Sponsored Schemes and Additional Central Assistance.
(v) Internal Resource Generation (tax and non-tax).

Question 636

73rd CAA: causes of inadequate financial autonomy of PRIs?

Answer 636

(i) Internal resource generation at the Panchayat level is weak. This is partly due to a thin tax domain and partly due to Panchayats own reluctance in collecting revenue. In absolute terms, the quantum of funds the Union/State Government transfers to a Panchayat forms the major component of its receipt, however, the PRI’s own resource generation is the soul behind its financial standing
(ii) Panchayats are heavily dependent on grants from Union and State Governments. In terms of own resource collection, the Gram Panchayats are comparatively in a better position because they have a tax domain of their own, while the other two tiers are dependent only on tolls, fees and nontax revenue for generating internal resources. State Panchayati Raj Acts have given most of the taxation powers to Village Panchayats. The revenue domain of the intermediate and District Panchayats (both tax as well as non-tax) has been kept much smaller and remains confined to secondary areas like ferry services, markets, water and conservancy services, registration of vehicles, cess on stamp duty and a few others
(iii) A major portion of the grants both from Union as well as the State Governments is scheme specific. Panchayats have limited discretion and flexibility in incurring expenditure.
(iv) In view of their own tight fiscal position, State Governments are not keen to devolve funds to Panchayats.
(v) In most of the critical Eleventh Schedule matters like primary education, healthcare, water supply, sanitation and minor irrigation even now, it is the State Government which is directly responsible for implementation of these programmes and hence expenditure.
(vi) Overall, a situation has been created where Panchayats have responsibility but grossly inadequate resources

Question 637

enlist some taxes that come under jurisdiction of village panchayats under various state legislations?

Answer 637

octroi

property/house tax

profession tax

land tax/cess

taxes/tolls on vehicles

entertainment tax/fees

license fees

tax on non-agricultural land

fee on regtn of cattle

sanitation/drainage tax

water tax

lighting tax

education cess

tax on fairs and festivals

Question 638

73rd CAA: reasons for ineffective performance?

Answer 638

1. Lack of adequate devolution:
   
   1. Many States have not taken adequate steps to devolve 3Fs (i.e., functions, funds and functionaries) to the PRIs to enable them to discharge their constitutionally stipulated function
   2. Further, it is imperative that the PRIs have resources to match the responsibilities entrusted to them. While SFCs have submitted their recommendations, not many few States have implemented these or taken steps to ensure the fiscal viability of the PRIs
2. excessive control by bureaucracy: In some States, the Gram Panchayats have been placed in a position of subordination. Hence, the Gram Panchayat Sarpanches have to spend extraordinary amount of time visiting Block Offices for funds and/or technical approval.
3. Tied nature of funds
4. overwhelming dependency on govt funding: When Panchayats do not raise resources and instead receive funds from outside, people are less likely to request a social audit.
5. reluctance to use fiscal powers: An important power devolved to GP (Gram Panchayat) is the right to levy tax on property, business, markets, fairs and also for services provided, like street lighting or public toilets, etc. Very few Panchayats use their fiscal power to levy and collect taxes. The argument pushed by Panchayat heads is that it is difficult to levy tax on your own constituency, especially when you live in the community
6. status of Gram sabha: a number of the State Acts have not spelt the powers of Gram Sabhas nor have any procedures been laid down for the functioning of these bodies or penalties for the officials.
7. creation of parallel bodies: Often, Parallel Bodies (PBs) are created for supposedly speedy implementation and greater accountability. PBs usurp the legitimate space of PRIs and demoralize the PRIs by virtue of their superior resource endowments.
8. Poor infrastructure: A large number of Gram Panchayats in the country do not have even full time Secretary. Around 25 percent of the Gram Panchayats do not have basic office buildings. The database for planning, monitoring etc., are lacking in most of the cases
9. A large number of elected representatives of PRIs are semi-literate or literate and know little about their roles & responsibilities, programmes, procedures, systems. Often for want of good, relevant and periodic training, they are not able to perform their functions properly.

Question 639

T/F:

1. State Election Commissioner is appointed by Guv of the state
2. State Election Commissioner can be removed by Guv only on recommendation of SLA.

Answer 639

1. T
2. F; can be removed in the same manner as a HC judge i.e. by Prez otbo a resolutino passed by Parliament

Question 640

Urban Local Bodies (ULBs): Pre-independence history?

Answer 640

(i) In 1687-88, the first municipal corporation in India was set up at Madras.
(ii) In 1726, the municipal corporations were set up in Bombay and Calcutta.
(iii) Lord Mayo’s Resolution of 1870 on financial decentralisation visualised the development of local self-government institutions.
(iv) Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna Carta’ of local self-government. He is called as the father of local-self government in India.
(v) The Royal Commission on decentralisation was appointed in 1907 and it submitted its report in 1909. Its chairman was Hobhouse.
(vi) Under the dyarchical scheme introduced in Provinces by the Government of India Act of 1919, local self-government became a transferred subject under the charge of a responsible Indian minister.
(vii) In 1924, the Cantonments Act was passed by the Central legislature.
(viii) Under the provincial autonomy scheme introduced by the Government of India Act of 1935, local self-government was declared a provincial subject.

Question 641

Urban Local Bodies (ULBs): Ministry in charge on ULBs in CG?

Answer 641

At the Central level, the subject of ‘urban local government’ is dealt with by the following three ministries:

(i) Ministry of Urban Development, created as a separate ministry in 1985
(ii) Ministry of Defence in the case of cantonment boards
(iii) Ministry of Home Affairs in the case of Union Territories

Question 642

74th CAA, 1992: addition to constitution?

Answer 642

1. added a new Part-IX-A to the Constitution of India
2. consists of provisions from Articles 243- P to 243-ZG
3. also added a new Twelfth Schedule. This schedule contains eighteen functional items of municipalities
4. The act gave constitutional status to the municipalities. It has brought them under the purview of justiciable part of the Constitution. In other words, state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the act

Question 643

74th CAA, 1992: provisions: three tier system?

Answer 643

The act provides for the constitution of the following three types of municipalities in every state.

1. A nagar panchayat (by whatever name called) for a transitional area, that is, an area in transition from a rural area to an urban area.
2. A municipal council for a smaller urban area.
3. A municipal corporation for a larger urban area

Question 644

74th CAA, 1992: provisions: composition of the bodies formed?

Answer 644

All the members of a municipality shall be elected directly by the people of the municipal area.

For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards.

The state legislature may provide the manner of election of the chairperson of a municipality

SG may also provide for the representation of the following persons in a municipality.

1. Persons having special knowledge or experience in municipal administration without the right to vote in the meetings of municipality.
2. The members of the Lok Sabha and the state legislative assembly representing constituencies that comprise wholly or partly the municipal area.
3. The members of the Rajya Sabha and the state legislative council registered as electors within the municipal area.
4. The chairpersons of committees (other than wards committees)

Question 645

74th CAA, 1992: provisions: Wards Committee?

Answer 645

There shall be constituted a wards committee, consisting of one or more wards, within the territorial area of a municipality having population of three lakh or more

The state legislature may make provision with respect to the composition and the territorial area of a wards committee and the manner in which the seats in a wards committee shall be filled

Question 646

74th CAA, 1992: provisions: reservation of seats?

Answer 646

1. act provides for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in proportion of their population to the total population in the municipal area.
2. Further, it provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for woman belonging to the SCs and the STs).
3. The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for SCs, STs and women.
4. It may also make any provision for the reservation of seats in any municipality or offices of chairpersons in municipalities in favour of backward classes.

Question 647

74th CAA, 1992: provisions: Duration of term?

Answer 647

• The act provides for a five-year term of office for every municipality.
• However, it can be dissolved before the completion of its term. Further, the fresh elections to constitute a municipality shall be completed (a) before the expiry of its duration of five years; or (b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
• Moreover, a municipality constituted upon the dissolution of a municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued had it not been so dissolved. In other words, a municipality reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period.
• But, where the remainder of the period (for which the dissolved municipality would have continued) is less than six months, it shall not be necessary to hold any election for constituting the new municipality for such period.

Question 648

73rd and 74th CAA: State Finance Commission?

Answer 648

The finance commission (which is constituted for the panchayats) shall also, for every five years, review the financial position of municipalities and make recommendation to the governor as to:

1. The principles that should govern:
   (a) The distribution between the state and the Panchayats/ municipalities, the net proceeds of the taxes, duties, tolls and fees levied by the state.
   (b) The determination of the taxes, duties, tolls and fees that may be assigned to the panchayats/municipalities.
   (c) The grants-in-aid to the panchayats/municipalities from the consolidated fund of the state. 2. The measures needed to improve the financial position of the panchayats/municipalities. 3. Any other matter referred to it by the governor in the interests of sound finance of panchayats/municipalities. The governor shall place the recommendations of the commission along with the action taken report before the state legislature.

The central finance commission shall also suggest the measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats/municipalities in the state (on the basis of the recommendations made by the finance commission of the state)

Question 649

74th CAA: provisions: exemptions?

Answer 649

The act does not apply to the scheduled areas and tribal areas in the states .

It shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council of the West Bengal.

Question 650

74th CAA, 1992: provisions: Planning Committees?

Answer 650

• District Planning COmmittees
  
  • Every state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole
  • SLA may make provisions deciding composition, manner of elections, fns etc.
  • act lays down that four-fifths of the members of a district planning committee should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves
  • The representation of these members in the committee should be in proportion to the ratio between the rural and urban populations in the district.
  • The chairperson of such committee shall forward the development plan to the SG
• Metropolitan Planning Committee
  
  • Every metropolitan area shall have a metropolitan planning committee to prepare a draft development plan
  • SLA may make provisions deciding composition, manner of elections, fns etc.
  • act lays down that two-thirds of the members of a metropolitan planning committee should be elected by the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area from amongst themselves

Question 651

74th CAA, 1992: provisions: items placed in the 12th schedule?

Answer 651

1. Urban planning
2. planning for economic and social development
3. regulation of land use and construction of buildings
4. slum improvement and upgradation
5. burial and cremation grounds
6. roads and bridges
7. water supply for domestic, industrial and commercial purposes
8. fire services
9. urban amenities and facilities like parks, playgrounds
10. Public amenities including street lighting, parking lots, bus stops
11. public health, sanitation and SWM
12. Urban poverty alleviation
13. vital stats like regtn of births and deaths
14. Urban forestry and protection of env
15. cattle ponds, prevention of cruelty to animals
16. Regulation of slaughter houses and tanneries.
17. safeguarding interests of weker sections of society incl handicapped
18. Promotion of cultural, educational and aesthetic aspects

Question 652

Types of ULBs found in India?

Answer 652

8 types

• Municipal Corporation
• Municipality
• Notified Area Committee
• Town Area Committee
• Cantontment Board
• Township
• Port Trust
• Special Purpose Agency

Question 653

Types of ULBs found in India: Municipal Corporation?

Answer 653

• Municipal corporations are created for the administration of big cities
• They are established in the states by the acts of the concerned state legislatures, and in the union territories by the acts of the Parliament of India. There may be one common act for all the municipal corporations in a state or a separate act for each municipal corporation.
• A municipal corporation has three authorities, namely,
  
  • the council:
    
    • deliberative and legislative wing
    • It consists of the Councillors directly elected by the people, as well as a few nominated persons having knowledge or experience of municipal administration
    • seats reserved for SC/ST/women acc to 74th CAA
    • Council is headed by a Mayor. He is elected in a majority of the states for a one-year renewable term. He is basically an ornamental figure and a formal head of the corporation. His main function is to preside over the meetings of the Council
  • the standing committees : created to facilitate the working of the council, which is too large in size. They take decisions in their fields
  • the Municipal commissioner:
    
    • responsible for the implementation of the decisions taken by the council and its standing committees. Thus, he is the chief executive authority of the corporation
    • appointed by SG, usually an IAS

Question 654

Types of ULBs found in India: Municipality?

Answer 654

• established for the administration of towns and smaller cities
• they are also set up in the states by the acts of the concerned state legislatures and in the union territory by the acts of the Parliament of India
• AKA municipal council, municipal committee, municipal board, borough municipality, city municipality
• Has three authorities
  
  • Council:
    
    • deliberative and legislative wing of the municipality.
    • It consists of the councillors directly elected by the people
    • headed by a president/chairman
    • Unlike the Mayor of a municipal corporation, he plays a significant role and is the pivot of the municipal administration. Apart from presiding over the meetings of the Council, he enjoys executive powers.
  • Standing Committee
  • Chief Executive Officer/ Chief Municipal Officer: for dayto-day general administration of the municipality. He is appointed by the state government

Question 655

Types of ULBs found in India: Notified Area Committee?

Answer 655

• created for the administration of two types of areas—
  
  • a fast developing town due to industrialisation, and
  • a town which does not yet fulfil all the conditions necessary for the constitution of a municipality, but which otherwise is considered important by SG
• established by a notification in the government gazette, it is called as notified area committee
• Though it functions within the framework of the State Municipal Act, only those provisions of the act apply to it which are notified in the government gazette by which it is created. It may also be entrusted to exercise powers under any other act
• Its powers are almost equivalent to those of a municipality.
• But unlike the municipality, it is an entirely nominated body, that is, all the members of a notified area committee including the chairman are nominated by SG

Question 656

Types of ULBs found in India: Town Area Committee?

Answer 656

• s set up for the administration of a small town
• It is a semi-municipal authority and is entrusted with a limited number of civic functions like drainage, roads, street lighting, and conservancy
• created by a separate act of a state legislature. Its composition, functions and other matters are governed by the act
• It may be wholly elected or wholly nominated by the state government or partly elected and partly nominated

Question 657

Types of ULBs found in India: Cantontment Board?

Answer 657

• established for municipal administration for civilian population in the cantonment area
• set up under the provisions of the Cantonments Act of 2006—a legislation enacted by CG
• works under the administrative control of the defence ministry of CG. Thus, unlike the above four types of urban local bodies, which are created and administered by the state government, a cantonment board is created as well as administered by the Central government.
• Cantonments Act of 2006 was enacted to consolidate and amend the law relating to the administration of cantonments with a view to impart greater democratisation, improvement of their financial base to make provisions for developmental activities and for matters connected with them. This Act has repealed the Cantonments Act of 1924.
• At present (2016), there are 62 cantonment boards in the country. They are grouped into four categories on the basis of the civil population.
• Composition:
  
  • A cantonment board consists of partly elected and partly nominated members.
  • The elected members hold office for a term of five years while the nominated members (i.e., ex-officio members) continue so long as they hold the office in that station.
  • The military officer commanding the station is the ex-officio president of the board and presides over its meetings.
  • The vicepresident of the board is elected by the elected members from amongst themselves for a term of five years.
  • The executive officer of the cantonment board is appointed by the president of India. He implements all the resolutions and decisions of the board and its committees. He belongs to the central cadre established for the purpose.
• The functions performed by a cantonment board are similar to those of a municipality. These are statutorily categorised into obligatory functions and discretionary functions.
• The sources of income includes both, tax revenue and non-tax revenue

Question 658

Types of ULBs found in India: Township?

Answer 658

• established by the large public enterprises to provide civic amenities to its staff and workers who live in the housing colonies built near the plant
• enterprise appoints a town administrator
• Thus, the township form of urban government has no elected members. In fact, it is an extension of the bureaucratic structure of the enterprises.

Question 659

Types of ULBs found in India: Port Trust?

Answer 659

• established in the port areas like Mumbai, Kolkata, Chennai and so on for two purposes:
  
  • to manage and protect the ports; and
  • to provide civic amenities.
• A port trust is created by an Act of Parliament.
• It consists of both elected and nominated members.
• Its chairman is an official.
• Its civic functions are more or less similar to those of a municipality.

Question 660

Types of ULBs found in India: Special Purpose Agency?

Answer 660

• states have set up certain agencies to undertake designated activities or specific functions that ‘legitimately’ belong to the domain of municipal corporations or municipalities or other local urban governments. In other words, these are function-based and not area-based. They are known as ‘single purpose’, ‘uni-purpose’ or ‘special purpose’ agencies or ‘functional local bodies’ These are
  
  • Town improvement trusts
  • Urban development authorities
  • water supply and sewerage boards
  • hosuing boards
  • pollution control boards
  • electricity supply boards
  • city transport boards
• These are established as statutory bodies by an act of state legislature or as departments by an executive resolution
• They function as autonomous bodies and deal with the functions allotted to them independently of the local urban governments. Thus, they are not subordinate agencies of the local municipal bodies

Question 661

Central Council of Local Govt?

Answer 661

• set up in 1954
• constituted under Art 263 by an order of President of INdia
• originally called Central Council of Local Self-Government
• Till 1958, it dealt with both urban as well as rural local governments, but after 1958 it has been dealing with matters of urban local government only.
• It consists of the Minister for Urban Development in the Government of India and the ministers for local self government in states. The Union minister acts as the Chairman of the Council
• The Council is an advisory body.

Question 662

important amendments list?

Answer 662

1. First 1951
2. 7th 1956
3. 9th, 1960
4. 10th, 1961
5. 11th CAA, 1961
6. 12th, 13th and 14th in 1962
7. 18th 1966
8. 24th, 25th and 26th in 1971
9. 31st in 1973
10. 35th in 1974
11. 36th and 38th in 1975
12. 39th in 1975
13. 42nd in 1975
14. 43rd in 1977
15. 44th in 1978
16. 52nd in 1985
17. 61st in 1989
18. 65th in 1990
19. 69th in 1991

Question 663

1st CAA?

Answer 663

1951

• Empowered the state to make special provisions for the advancement of socially and economically backward classes.
• Provided for the saving of laws providing for acquisition of estates, etc.
• Added Ninth Schedule to protect the land reforms and other laws included in it from the judicial review. After Article 31, Articles 31A and 31B were inserted.
• Added three more grounds of restrictions on freedom of speech and expression: public order, friendly relations with foreign states and incitement to an offence. Also, it made the restrictions ‘reasonable’ and thus, justiciable in nature.
• Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.

Question 664

7th CAA?

Answer 664

1956

To implement the recommendations of the State Reorganization Committee and to implement the State Reorganization Act, 1956.

• Second and Seventh Schedules were amended
• Abolished the existing classification of states into four categories i.e., Part A, Part B, Part C, and Part D states, and reorganised them into 14 states and 6 union territories.
• Extended the jurisdiction of high courts to union territories.
• Provided for the establishment of a common high court for two or more states.
• Provided for the appointment of additional and acting judges of the high court.

Question 665

9th CAA?

Answer 665

1960

After the Nehru-Noon agreement was signed between India and Pakistan to divide the territory of Berubari Union, the Government of West Bengal opposed it. After this Union referred the matter to SC which held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368. Consequently, the 9th Constitutional Amendment Act (1960) was enacted.

Facilitated the cession of the Indian territory of Berubari Union (located in West Bengal) to Pakistan as provided in the Indo-Pakistan Agreement (1958).

Question 666

10th CAA?

Answer 666

1961

• Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.

Question 667

11th CAA?

Answer 667

1961

• Changed the procedure of election of the vice president by providing for an electoral college instead of a joint meeting of the two Houses of the Parliament.
• Provided that the election of the President or vice president cannot be challenged on the ground of any vacancy in the appropriate electoral college.

Question 668

12th CAA?

Answer 668

• 1962
• Incorporated Goa, Daman and Diu in the Indian Union.

Question 669

13th CAA?

Answer 669

1962

• Gave the status of a state to Nagaland and made special provisions for it.

Question 670

14th CAA?

Answer 670

1962

• Incorporated Puducherry in the Indian Union.
• Provided for the creation of legislatures and council of ministers for the Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry.

Question 671

18th CAA?

Answer 671

1966

• Made it clear that the power of Parliament to form a new state also includes a power to form a new state or union territory by uniting a part of a state or a union territory to another state or union territory.
• It created new states namely, Punjab and Haryana

Question 672

24th CAA?

Answer 672

1971

• Twenty Fourth Constitutional Amendment Act was brought in response to the Golaknath ruling (1967) of the Supreme Court which held that the Parliament does not have the power to take away any fundamental rights through amendment to the Constitution.

Amendments:

• Affirmed the power of Parliament to amend any part of the Constitution including fundamental rights by amending Article 13 and 368.
• Made it compulsory for the President to give his assent to a Constitutional Amendment Bill.

Question 673

25th CAA?

Answer 673

1971

• Curtailed the fundamental right to property.
• Provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31.

Question 674

26th CAA?

Answer 674

1971

• Abolished the privy purses and privileges of the former rulers of princely states.

Question 675

31st CAA?

Answer 675

1973

• Increased the number of Lok Sabha seats from 525 to 545.

Question 676

35th CAA?

Answer 676

1974

• Terminated the protectorate status of Sikkim and conferred the status of an associate state of the Indian Union. The Tenth Schedule was added laying down the terms and conditions of association of Sikkim with the Indian Union
• Further next year, 36th CAA 1975 made Sikkim a full-fledged State of the Indian Union and omitted the Tenth Schedule.

Question 677

38th CAA?

Answer 677

1975

• Made the declaration of emergency by the President non-justiciable.
• Made the promulgation of ordinances by the President, governors and administrators of Union territories non-justiciable.
• Empowered the President to declare different proclamations of national emergency on different grounds simultaneously.

Question 678

39th CAA?

Answer 678

1975

• It was enacted in response to the ruling of the Allahabad High Court who declared the election of PM Indira Gandhi to Lok Sabha void on the petition of Raj Narain.
• Placed the disputes relating to the president, Vice President, prime minister and Speaker beyond the scope of the judiciary. They are to be decided by such authority as may be determined by the Parliament.

Question 679

42nd CAA?

Answer 679

1976

• Added three new words (i.e., socialist, secular and integrity) in the Preamble.
• Added Fundamental Duties by the citizens (new Part IV A).
• Made the president bound by the advice of the cabinet.
• Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
• Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001 - Population Controlling Measure
• Made the constitutional amendments beyond judicial scrutiny.
• Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
• Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
• Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights.
• Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights.
• Added three new Directive Principles viz., equal justice and free legal aid, the participation of workers in the management of industries and protection of the environment, forests, and wildlife.
• Facilitated the proclamation of national emergency in a part of the territory of India.
• Extended the one-time duration of the President’s rule in a state from 6 months to one year.
• Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order.
• Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts.
• Did away with the requirement of quorum in the Parliament and the state legislatures.
• Empowered the Parliament to decide from time to time the rights and privileges of its members and committees.
• Provided for the creation of the All-India Judicial Service.

Question 680

43rd CAA?

Answer 680

1977

• Restored the jurisdiction of the Supreme Court and the High Courts in respect of judicial review and issue of writs.
• Deprived the Parliament of its special powers to make laws to deal with anti-national activities.

Question 681

44th CAA?

Answer 681

1978

• Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years).
• Restored the provisions with regard to the quorum in the Parliament and state legislatures.
• Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges.
• Gave constitutional protection to publication in a newspaper of true reports of the proceedings of the Parliament and the state legislatures.
• Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
• Deleted the provision which made the satisfaction of the president, governor, and administrators final in issuing ordinances.
• Restored some of the powers of the Supreme Court and high courts.
• Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
• Made the President to declare a national emergency only on the written recommendation of the cabinet.
• Made certain procedural safeguards with respect to a national emergency and President’s rule.
• Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
• Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.
• Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.

Question 682

52nd CAA?

Answer 682

1985

To stop defection and the politics of ‘Aaya Ram, Gaya Ram’

• Provided for disqualification of members of Parliament and state legislatures on the ground of defection and added a new Tenth Schedule containing the details in this regard.

Question 683

61st CAA?

Answer 683

1989

• Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative assembly elections.

Question 684

65th CAA?

Answer 684

1990

• Provided for the establishment of a multi-member National Commission for Scheduled Castes and Scheduled Tribes in the place of a Special Officer for Scheduled Castes and Scheduled Tribes.

Question 685

69th CAA?

Answer 685

1991

• Accorded a special status to the Union Territory of Delhi by designing it as the National Capital Territory of Delhi. The amendment also provided for the creation of a 70-member legislative assembly and a 7-member council of ministers for Delhi.

Question 686

73rd CAA?

Answer 686

• 1992
• Granted constitutional status and protection to the Panchayati Raj institutions. For this purpose, the Amendment has added a new Part-IX entitled as ‘the panchayats’ and a new Eleventh Schedule containing 29 functional items of the panchayats

Question 687

74th CAA?

Answer 687

1992

• Granted constitutional status and protection to the urban local bodies. For this purpose, the Amendment has added a new Part IX-A entitled as ‘the municipalities’ and a new Twelfth Schedule containing 18 functional items of the municipalities.

Question 688

75th CAA?

Answer 688

1995

• Provided for reservation in promotions in government jobs for Scheduled Castes and Scheduled Tribes. This amendment nullified the Supreme Court ruling with regard to reservation in promotions.

Question 689

82nd CAA?

Answer 689

2000

• Provided for making of any provision in favour of the SCs and STs for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to the public services of the Centre and the states

Question 690

84th CAA?

Answer 690

2001

• Extended the ban on the readjustment of seats in the Lok Sabha and the state legislative assemblies for another 25 years (i.e., up to 2026) with the same objective of encouraging population limiting measures. In other words, the number of seats in the Lok Sabha and the assemblies are to remain the same till 2026. It also provided for the readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 1991 census.

Later 87th CAA, 2003, Provided for the readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 2001 census and not 1991 census

Question 691

85th CAA?

Answer 691

2001

• Provided for ‘consequential seniority’ in the case of promotion by virtue of rule of reservation for the government servants belonging to the Scheduled Castes and Scheduled Tribes with retrospective effect from June 1995.

Question 692

86th CAA?

Answer 692

2002

• Made elementary education a fundamental right under the Article 21A
• Changed the subject matter of Article 45 in Directive Principles
• Added a new fundamental duty under Article 51-A

Question 693

89th CAA?

Answer 693

2003

• Bifurcated the erstwhile combined National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies, namely, National Commission for Scheduled Castes (Article 338) and National Commission for Scheduled Tribes (Article 338-A).

Question 694

91st CAA?

Answer 694

2003

• The total number of ministers, including the Prime Minister, in the Central Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha.
• A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
• The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total strength of the Legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12.
• A member of either House of a state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
• A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post. The expression “remunerative political post” means:
  • Any office under the central government or a state government where the salary or remuneration for such office is paid out of the public revenue of the concerned government or,
  • Any office under a body, whether incorporated or not, which is wholly or partially owned by the central government or a state government and the salary or,
  • Remuneration for such an office is paid by such a body, except where such salary or remuneration paid is compensatory in nature (Article 361-B).
• The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of the legislature party has been deleted. It means that the defectors have no more protection on grounds of splits.

Question 695

92nd cAA?

Answer 695

2003

• Included four more languages in the Eighth Schedule. They are Bodo, Dogri (Dongri), Maithili and Santhali. With this, the total number of constitutionally recognised languages increased to 22

Question 696

93rd CAA?

Answer 696

2005

• Empowered the state to make special provisions for the socially and educationally backward classes or the Scheduled Castes or the Scheduled Tribes in educational institutions including private educational institutions (whether aided or unaided by the state), except the minority educational institutions (clause (5) in Article 15).
• This Amendment was enacted to nullify the Supreme Court judgement in the Inamdar case (2005) where the apex court ruled that the state cannot impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges. The court declared that reservation in private, unaided educational institutions was unconstitutional.

Question 697

97th CAA?

Answer 697

2011

• Gave constitutional status and protection to cooperative societies. It made the following three changes in the constitution:
  • It made the right to form co-operative societies a fundamental right (Article 19).
  • It included a new Directive Principle of State Policy on the promotion of co-operative societies.
  • It added a new Part IX-B in the constitution which is entitled “The Co-operative societies”.

Question 698

99th CAA?

Answer 698

2014

• Replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC).
• However, in 2015, the Supreme Court declared this Amendment Act as unconstitutional and void. Consequently, the earlier collegium system became operative again

Question 699

100th CAA?

Answer 699

2014

• Gave effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh (through the exchange of enclaves and retention of adverse possessions) in pursuance of the Land Boundary Agreement of 1974 and its Protocol of 2011.
• For this purpose, this amendment act amended the provisions relating to the territories of four states (Assam, West Bengal, Meghalaya and Tripura) in the First Schedule of the Constitution.

Question 700

101st CAA?

Answer 700

2017

• Introduction of the Goods and Services Tax

Question 701

102nd CAA?

Answer 701

2018

• Constitutional status was provided to the National Commission for Backward Classes under India’s Ministry of Social Justice and Empowerment.
• Article 338B into the Constitution after Articles 338 and 338A which deal with the National Commission for Scheduled Castes (SC) and National Commission for Scheduled Tribes (ST) respectively.

Question 702

103rd CAA?

Answer 702

• 2019
• It introduced reservations for Economic Weaker Section for the first time in independent India
• Amendment in Article 16 allows a 10% reservation to EWS in public employment.

Question 703

104th CAA?

Answer 703

2020

extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty years. Removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies.

Question 704

105th CAA?

Answer 704

2021

restore the power of the state governments to identify Other Backward Classes (OBCs) that are socially and educationally backward. This amendment annulled the Supreme Court judgement of 11 May 2021, which had empowered only the Central government for such identification

Question 705

Part I?

Answer 705

Union and states

Art 1-4

Question 706

Part II?

Answer 706

Citizenship

5-11

Question 707

Part III

Answer 707

FR

12-35

Question 708

Part IV

Answer 708

DPSP

36-51

Question 709

Part IV-A

Answer 709

FDs

Art 51(A)

Question 710

Part V

Answer 710

Union Govt

52-151

Question 711

Part VI

Answer 711

SG

152-237

Question 712

Part VII

Answer 712

NOW DELETED

earlier had Part B states

Article 238 also deleted

Question 713

Part VIII?

Answer 713

UTs

239-242

Question 714

Part IX

Answer 714

Panchayats

243-243(O)

Question 715

Part IX (A)

Answer 715

Municipalities

243(P)- 243(ZG)

Question 716

Part IX(B)

Answer 716

Cooperative societies

243 (ZH)- 243 (ZT)

Question 717

Part X

Answer 717

scheduled and tribal areas

244 and 244A

Question 718

Part XI

Answer 718

Relations between Union and States

245-263

Question 719

Part XII

Answer 719

finance property conracts and suits

264-300A

Question 720

Part XIII

Answer 720

Trade, Commerce and intercourse within Indian territory

301-307

Question 721

Pat XIV

Answer 721

Services under Union and States

308-314

Question 722

Part XIV-A

Answer 722

Tribunals

323-B

Question 723

Part XV

Answer 723

Elections

324-329A

Question 724

Part XVI

Answer 724

Special provision relating to certain classes

330-342

Question 725

Part XVII

Answer 725

Official Language

342-351

Question 726

Part XVIII

Answer 726

Emergency

352-360

Question 727

Part XIX

Answer 727

Miscellaneous

361-367

Question 728

Patr XX

Answer 728

Amendments

368

Question 729

Part XXI

Answer 729

temporary, transitional and special provisions

369-392

Question 730

Part XXII

Answer 730

Short title, commencement, Authoritative text in Hindi and Repeals

393-395

Question 731

First schedule

Answer 731

names of states and their territories

Question 732

Second schedule

Answer 732

Emoluments, allowances, privileges of Pres, Guvs, Spkr nd Deputy Spkr of LS and SLAs, Chairman and Deputy Chairman of RS and SLCs, SC and HC judges and CAG

Question 733

Third schedule

Answer 733

oaths of

UNion and state ministers

candidates for election to Parliament and SLAs

MPs and MLAs

Judges of SC and HCs

CAG

Question 734

Fourth Schedule

Answer 734

allocation of seats in RS

Question 735

Fifth Schedule

Answer 735

Provisions relating to the administration and control of
scheduled areas and scheduled tribes

Question 736

Sixth schedule

Answer 736

Provisions relating to the administration of tribal areas
in the states of Assam, Meghalaya, Tripura and
Mizoram.

Question 737

seventh schedule

Answer 737

Division of powers between the Union and the States

Question 738

Eighth schedule

Answer 738

Languages recognized by Constitution

They are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri,
Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu.

Sindhi was added by the 21st Amendment Act of 1967;

Konkani, Manipuri and Nepali were added by the 71st Amendment Act of
1992;

Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003.

Oriya was renamed as ‘Odia’ by the 96th CAA 2011.

Question 739

Ninth schedule

Answer 739

Acts and Regulations (originally 13 but presently
282) of the state legislatures dealing with land
reforms and abolition of the zamindari system and of
the Parliament dealing with other matters. This
schedule was added by the 1st Amendment (1951) to
protect the laws included in it from judicial scrutiny
on the ground of violation of fundamental rights.
However, in 2007, the Supreme Court ruled that the
laws included in this schedule after April 24, 1973, are
now open to judicial review.

Question 740

Tenth schedule

Answer 740

Provisions relating to disqualification of the members
of Parliament and State Legislatures on the ground of
defection. This schedule was added by the 52nd
Amendment Act of 1985, also known as Antidefection
Law.

Question 741

Eleventh schedule

Answer 741

Specifies the powers, authority and responsibilities of
Panchayats. It has 29 matters. This schedule was
added by the 73rd Amendment Act of 1992

Question 742

12th schedule

Answer 742

Specifies the powers, authority and responsibilities of Municipalities. It has 18 matters. This schedule was
added by the 74th Amendment Act of 1992.

Question 743

source of Indian Constitution: GoI Act 1935

Answer 743

1. Federal scheme
2. Guv
3. Judiciary
4. PSCs
5. Emergency provisions
6. Administrative details

Question 744

source of Indian Constitution: Britain

Answer 744

1. Parliamentary govt
2. Rule of Law
3. Legislative Procedure
4. single citizenship
5. cabinet system
6. prerogative writs
7. parliamentary privileges
8. bicameralism

Question 745

source of Indian Constitution: US

Answer 745

1. FRs
2. independence of judiciary
3. judicial review
4. impeachment of President
5. removal of SC and HC judges
6. post of VC

Question 746

source of Indian Constitution: Irish

Answer 746

DPSPs

nomination to RS

method of election of President

Question 747

source of Indian Constitution: Canada

Answer 747

Federation with a strong Centre,

vesting of residuary powers in the Centre,

appointment of state governors by
the Centre, and

advisory jurisdiction of the Supreme
Court.

Question 748

source of Indian Constitution: Australian

Answer 748

Concurrent list

Freedomof trade and commerce

joint sitting

Question 749

source of Indian Constitution: Germany

Answer 749

suspension of FRs in EMergency

Question 750

source of Indian Constitution: Russia

Answer 750

FDs

justice (social, economic and political) in Preamble

Question 751

source of Indian Constitution: France

Answer 751

Republic and the ideals of liberty, equality and fraternity
in the Preamble

Question 752

source of Indian Constitution: SA

Answer 752

1. procedure for amendment
2. election of members of RS

Question 753

source of Indian Constitution: Japan

Answer 753

procedure established by law