All questions of State Government : Executive & Legislatures for UPSC CSE Exam

According to The Constitution of India in article 32 for Supreme Court and Article 226 for High Court provide jurisdiction to protection of Fundamental Righs

Articles of the Constitution that invest extraordinary power in the Supreme Court

The Supreme Court of India is the highest judicial authority in the country. The Constitution of India grants the Supreme Court various powers and responsibilities to protect the rights of citizens and uphold the rule of law. Among the various Articles of the Constitution, the following three Articles invest extraordinary power in the Supreme Court:

Article 32
This Article is considered as the heart and soul of the Indian Constitution. It provides individuals with the right to move to the Supreme Court for the enforcement of fundamental rights. This means that if an individual feels that his/her fundamental rights have been violated, he/she can approach the Supreme Court for relief. The Supreme Court can issue writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari to protect the fundamental rights of citizens.

Article 136
This Article confers extraordinary power on the Supreme Court to grant special leave to appeal against any judgment or order passed by any court or tribunal in the country. This means that any aggrieved party can approach the Supreme Court for relief, even if the High Court has not granted permission to appeal. The Supreme Court has the discretion to grant or deny special leave to appeal.

Article 142
This Article empowers the Supreme Court to pass any order necessary to do complete justice in any case or matter pending before it. The Supreme Court can issue any order or direction to any person or authority, including the government, to ensure that justice is done. This Article gives the Supreme Court the power to pass orders that may not fall within the scope of its jurisdiction but are necessary to ensure complete justice.

Conclusion
In conclusion, Articles 32, 136 and 142 of the Constitution of India invest extraordinary powers in the Supreme Court. These powers have been granted to ensure that the Supreme Court can protect the fundamental rights of citizens, grant relief to aggrieved parties, and pass orders necessary to ensure complete justice.

The correct answer is option C, Article 131. Let's understand why.

Explanation:
The law stated by the Supreme Court becomes the law of the land under Article 131 of the Constitution of India. Article 131 deals with the original jurisdiction of the Supreme Court. It empowers the Supreme Court to hear and decide disputes between the Government of India and one or more states, or between two or more states.

Here's a detailed explanation of Article 131:

1. Original Jurisdiction: Article 131 grants the Supreme Court exclusive original jurisdiction in disputes mentioned above. This means that these disputes can only be filed directly in the Supreme Court and not in any lower court.

2. Disputes between the Government of India and one or more states: Article 131 allows for disputes between the Government of India (also known as the Union Government) and one or more states to be adjudicated by the Supreme Court. These disputes can include matters related to constitutional interpretation, distribution of powers, or any other issue that arises between the two entities.

3. Disputes between two or more states: Article 131 also provides for the resolution of disputes between two or more states. These disputes can involve matters such as boundary disputes, water-sharing disputes, or any other issue that arises between the states.

4. Law of the Land: When the Supreme Court pronounces a judgment on a dispute under Article 131, the law stated by the Court becomes the law of the land. This means that the judgment is binding on all parties involved and has the force of law. It is applicable not only to the parties in the specific case but also to all similar cases that may arise in the future.

In conclusion, Article 131 of the Constitution of India empowers the Supreme Court to hear and decide disputes between the Government of India and one or more states, or between two or more states. The law stated by the Supreme Court in such disputes becomes the law of the land.

Article 164 of the Indian Constitution deals with the appointment of ministers in the states. It outlines the following provisions:

1. Appointment of Ministers: The Chief Minister of a state shall be appointed by the Governor and other Ministers shall be appointed by the Governor on the advice of the Chief Minister.

2. Council of Ministers: The Council of Ministers shall aid and advise the Governor in the exercise of his functions.

3. Term of Office: The Ministers shall hold office during the pleasure of the Governor.

4. Oath or Affirmation: Every Minister shall, before entering upon office, make and subscribe to an oath or affirmation.

5. Duties of Chief Minister: It shall be the duty of the Chief Minister to communicate to the Governor of the state all decisions of the Council of Ministers relating to the administration of the affairs of the state.

Both of the given statements come under Article 164. The first statement talks about the term of office of the Ministers, which is mentioned in point 3 of Article 164. The second statement talks about the duties of the Chief Minister, which is mentioned in point 5 of Article 164. Therefore, the correct answer is option A, i.e. both statements are correct.

The next chief justice...always appointed by president under the advice of previous chief justice of india...

All of the above statements are correct. Instead of that, the below reasons are also given for indirect elections of Governor

Understanding the Discretionary Powers of the Governor
The Governor of a state in India possesses certain discretionary powers, which can often be a source of confusion. Let's analyze each of the pairs mentioned:

1. Reservation of Bill for consideration of the President
- This is indeed a discretionary power. The Governor can reserve a bill for the President’s consideration if it is of significant importance or affects the interests of the state or the country.

2. Seeking information from the Chief Minister on administrative matters
- This is NOT a discretionary power. The Governor has the right to seek information, but this is considered a constitutional duty rather than a discretionary action.

3. Appointment of Chief Minister in a hung assembly
- This is a discretionary power. In the event of a hung assembly where no party has a clear majority, the Governor has the discretion to appoint the Chief Minister based on their assessment of who is likely to command the confidence of the assembly.

4. Promulgation of ordinances when the State Legislature is not in session
- This is a discretionary power. The Governor can promulgate ordinances when the legislature is not in session to deal with urgent matters.

Conclusion
- Based on the analysis, the correctly matched pairs are 1, 3, and 4. Therefore, only three pairs are correctly matched.
Thus, the correct answer is option 'C'.

Article 371-I is associated with Goa

Explanation:
Article 371-I of the Indian Constitution grants special status and privileges to the state of Goa. It was inserted into the Constitution in 1987 following the Opinion Poll held in Goa in 1967, which decided that Goa should continue to be a separate state.

Key Points:

1. Background: Goa, a former Portuguese colony, was incorporated into the Indian Union in 1961. However, there was a significant section of the population that wanted Goa to be an independent entity rather than being merged with any other state.

2. Opinion Poll: To decide the future of Goa, an Opinion Poll was conducted in 1967. The poll offered two options: merging Goa with Maharashtra or retaining it as a separate Union Territory. The majority of the voters favored the second option, and Goa continued to be a separate entity.

3. Inclusion of Article 371-I: To address the concerns and aspirations of the people of Goa, Article 371-I was added to the Constitution of India. It provides for certain special provisions and safeguards for Goa.

4. Special Provisions: Article 371-I grants the following special provisions for Goa:

- The Governor of Goa shall have special responsibilities regarding law and order in the state.
- The Governor shall have the power to direct the manner in which the state government is to be carried out.
- The Governor can also exercise his/her discretion in matters related to the use of the official language of Goa, grant of mining leases, and ownership of houses and other properties.

5. Protection of Culture and Identity: Article 371-I ensures the preservation of the distinct culture, heritage, and identity of the people of Goa. It safeguards the rights and interests of the local population.

6. Empowerment of Local Institutions: The provision also empowers the local institutions in Goa, such as the Village Panchayats and the Municipalities, by giving them greater autonomy in their functioning.

7. Goa Daman and Diu Reorganization Act: In 1987, Goa was granted statehood through the Goa Daman and Diu Reorganization Act, which incorporated Article 371-I into the Constitution.

Therefore, Article 371-I of the Indian Constitution grants special status and privileges to Goa, ensuring the protection of its unique culture, heritage, and identity, and empowering local institutions in the state.

Part XIV-A of the Constitution of India deals with Administrative Tribunals, which are specialized tribunals set up to adjudicate disputes arising from the administration of laws in specific areas. The main objective of these tribunals is to provide speedy and efficient justice and to reduce the burden on regular courts.

The provisions of Part XIV-A were inserted into the Constitution by the 42nd Amendment Act, 1976. The Part has four articles- Article 323A and Article 323B.

Article 323A deals with Administrative Tribunals, and it empowers the Parliament to provide for the establishment of tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State or any local or other authority within the territory of India.

Article 323B deals with Tribunals for other matters, and it empowers the Parliament and the State Legislatures to provide for the establishment of tribunals for the adjudication of disputes relating to matters such as tax, industrial and labour disputes, land reforms, ceiling on urban property, etc.

Thus, Part XIV-A of the Constitution empowers the Parliament and the State Legislatures to establish specialized tribunals to provide speedy and efficient justice in specific areas of law. These tribunals are meant to reduce the burden on regular courts and to ensure that disputes are resolved quickly and fairly.

Chief justice of India after consultation with president

Below the District and Sessions Court stands the Court of Subordinate Judge on the civil side and the Court of Chief Judicial Magistrate on the criminal side. The subordinate judge exercises unlimited pecuniary jurisdiction over civil suits'. The chief judicial magistrate decides criminal cases which are punishable with imprisonment for a term up to seven years.

Consolidated fund of the state.
Not consolidated fund of India

D

Explanation:

The Panchayat System in India is a three-tier system of local self-government. The three tiers are Village Panchayat, Block Panchayat, and District Panchayat. The Village Panchayat is the lowest level of this system and is responsible for the administration of a single village or a group of villages.

Statement (a): The president of the Village Panchayat is the Pradhan.
This statement is true. The head of the Village Panchayat is called the Pradhan. The Pradhan is elected by the members of the Panchayat and is responsible for the overall administration and decision-making of the Panchayat.

Statement (b): The Gram Panchayats can levy certain taxes and duties to meet their expenses.
This statement is true. Gram Panchayats have the power to levy certain taxes and duties on various activities within their jurisdiction. These taxes and duties are collected to meet the expenses of the Panchayat, including the provision of basic amenities and services to the villagers.

Statement (c): The Gram Panchayat must present its budget and annual administrative report before the Gram Sabha.
This statement is also true. The Gram Panchayat is required to prepare and present its annual budget and administrative report before the Gram Sabha, which is a general body of all the adult villagers in the Panchayat area. The Gram Sabha reviews and approves the budget and report, ensuring transparency and accountability in the functioning of the Panchayat.

Therefore, both statement (b) and (c) are true for the Village Panchayat. The Gram Panchayat has the power to levy taxes and duties, and it must present its budget and annual administrative report before the Gram Sabha. Hence, the correct answer is option 'D' - Both (B) and (C).

Statements (a), (b) and (c) are correct. But, statement (d) is incorrect. Because, He is entitled to such emoluments, allowances and privileges as may be determined by Parliament and not by the President.

The correct answer is option 'D' i.e. 1, 3, 4 and 5 Only.

Explanation:

Several states in India have appointed tribal ministers to ensure the development of tribal communities and to address their issues. The Governor of the following states has appointed tribal ministers:

1. Jharkhand: In Jharkhand, the Governor appointed a tribal leader, Rameshwar Oraon, as the Minister in charge of Tribal Affairs.

2. Bihar: No tribal minister has been appointed in Bihar yet.

3. Madhya Pradesh: In Madhya Pradesh, the Governor appointed Meena Singh Mandloi as the Minister in charge of Tribal Affairs.

4. Chattisgarh: In Chattisgarh, the Governor appointed Kedar Kashyap as the Minister in charge of Tribal Affairs.

5. Odisha: In Odisha, the Governor appointed Ramesh Chandra Majhi as the Minister in charge of Tribal Affairs.

Therefore, the correct answer is option 'D' i.e. 1, 3, 4 and 5 Only.

Quasi-judicial authority:
A quasi-judicial authority is an entity or body that has the power to make decisions or judgments that are similar to those made by a court of law. These authorities are vested with certain powers and responsibilities to adjudicate disputes, make decisions, and enforce laws within their respective jurisdictions.

Options:
a) Central Vigilance Commission (CVC)
b) National Commission for Women (NCW)
c) Comptroller and Auditor-General of India (CAG)
d) Administrative Tribunal

Explanation:

Central Vigilance Commission (CVC):
The Central Vigilance Commission is an apex anti-corruption watchdog in India. It is responsible for addressing corruption cases and ensuring transparency and accountability in government organizations. However, the CVC does not possess quasi-judicial powers. It primarily investigates corruption cases and recommends action to be taken by the concerned authorities.

National Commission for Women (NCW):
The National Commission for Women is a statutory body that works towards protecting and promoting the rights of women in India. It investigates complaints related to women's rights violations and recommends actions to be taken. While the NCW has the power to investigate and make recommendations, it does not possess quasi-judicial powers.

Comptroller and Auditor-General of India (CAG):
The Comptroller and Auditor-General of India is an independent constitutional authority responsible for auditing government accounts and ensuring financial transparency and accountability. It does not possess quasi-judicial powers but plays a crucial role in ensuring financial oversight.

Administrative Tribunal:
An Administrative Tribunal is a quasi-judicial body that has the authority to adjudicate disputes and grievances related to the administration of laws and regulations. These tribunals are established for specific sectors such as tax, labor, or administrative matters. They have the power to hear evidence, examine witnesses, and make decisions that are binding on the parties involved. Administrative Tribunals are established to provide an efficient and specialized mechanism for resolving disputes outside the regular court system.

Out of the given options, the Administrative Tribunal is the only entity that possesses quasi-judicial powers. It functions as an independent body to resolve administrative disputes and ensure justice in matters related to specific sectors or areas of governance.

The correct answer is option 'D', which states that the Supreme Court can declare laws passed by the legislature and orders issued by the executive as unconstitutional if they contravene any constitutional provision. This power is known as judicial review. Let's understand this concept in detail.

The power of judicial review is an essential feature of the democratic system of governance. It serves as a check on the actions of the legislature and the executive, ensuring their compliance with the Constitution. The Supreme Court, being the highest judicial authority in the country, holds the power of judicial review.

Key Points:
1. Power of Judicial Review: The power of judicial review allows the Supreme Court to review the constitutionality of laws and executive actions.
2. Constitution as the Supreme Law: In a constitutional democracy, the Constitution is considered the supreme law of the land. All laws and actions of the government must be in accordance with the Constitution.
3. Unconstitutional Laws and Actions: If the Supreme Court finds that a law passed by the legislature or an order issued by the executive violates any provision of the Constitution, it can declare them as unconstitutional.
4. Protection of Fundamental Rights: One of the primary purposes of judicial review is to safeguard the fundamental rights of citizens. The Supreme Court ensures that laws and actions do not infringe upon these rights.
5. Balancing the Powers: Judicial review helps maintain the balance of powers among the three branches of government - legislature, executive, and judiciary. It prevents any branch from exceeding its constitutional limits.
6. Separation of Powers: Judicial review also upholds the principle of separation of powers. It allows the judiciary to interpret the laws and determine their constitutionality, while the legislature makes the laws and the executive implements them.
7. Upholding the Constitution: By declaring unconstitutional laws and actions as null and void, the Supreme Court upholds the supremacy of the Constitution and ensures that the government functions within its limits.

In conclusion, the power of judicial review held by the Supreme Court allows it to declare laws passed by the legislature and orders issued by the executive as unconstitutional if they violate any provision of the Constitution. This power serves as a crucial check on the actions of the government, upholding the supremacy of the Constitution and protecting the rights of citizens.

Article 323-A of the Constitution of India deals with administrative tribunals.

Explanation:
Administrative tribunals are specialized bodies that have been established under Article 323-A of the Constitution of India to hear and resolve disputes and grievances related to the recruitment, conditions of service, and disciplinary matters of public servants. These tribunals provide an alternative forum for resolving administrative disputes, separate from the regular courts.

Key Points:
1. Article 323-A: Article 323-A was inserted in the Constitution by the 42nd Amendment Act, 1976. It empowers the Parliament to establish administrative tribunals for the adjudication of disputes and complaints related to the recruitment and conditions of service of public servants.
2. Establishment of Tribunals: Under Article 323-A, the Parliament has the power to establish administrative tribunals at both the central and state levels. These tribunals are responsible for hearing and deciding matters concerning the recruitment, appointment, promotion, and conditions of service of public servants.
3. Composition and Powers: The composition and powers of the administrative tribunals are determined by the Parliament through legislation. These tribunals are vested with the powers of a civil court, including the power to summon witnesses, receive evidence, and enforce the attendance of witnesses and the discovery and production of documents.
4. Exclusion of Jurisdiction: Once an administrative tribunal is established for a particular category of cases, the jurisdiction of regular courts in those matters is excluded. This means that the administrative tribunals have exclusive jurisdiction over the matters assigned to them, and the regular courts cannot entertain such cases.
5. Judicial Review: The decisions of administrative tribunals can be challenged in the High Courts and the Supreme Court through writ petitions under Article 226 and Article 32 respectively. The High Courts and the Supreme Court have the power to examine the legality, correctness, and propriety of the decisions of the administrative tribunals.

In conclusion, Article 323-A of the Constitution of India deals with administrative tribunals. These tribunals provide a specialized forum for resolving disputes and complaints related to the recruitment and conditions of service of public servants, and their decisions can be challenged in the High Courts and the Supreme Court.

Enforcing laws regarding public safety is considered a primary function of State government. State governments are responsible for maintaining law and order within their respective jurisdictions and ensuring the safety and security of their citizens. This involves a range of activities and initiatives aimed at preventing and addressing crime, protecting public welfare, and maintaining order in society.

Law Enforcement and Policing:
State governments play a crucial role in enforcing laws and maintaining public safety through the establishment and management of law enforcement agencies such as state police departments. These agencies are responsible for investigating crimes, apprehending offenders, and ensuring the overall safety of the community. They work in coordination with local law enforcement agencies to address criminal activities and maintain order.

Court Systems and Legal Enforcement:
State governments are responsible for the administration of justice within their jurisdictions. They establish and oversee court systems that handle criminal and civil cases, ensuring that legal proceedings are conducted fairly and efficiently. State governments also appoint judges and other judicial officers who preside over these courts, ensuring the effective enforcement of laws and the protection of individual rights.

Correctional Facilities and Rehabilitation:
State governments are also responsible for maintaining correctional facilities such as prisons and ensuring the proper rehabilitation of convicted individuals. They establish policies and programs aimed at reducing recidivism rates and promoting the successful reintegration of offenders into society. State governments may also provide resources for community-based programs that focus on preventing crime and addressing the root causes of criminal behavior.

Emergency Response and Disaster Management:
State governments are often at the forefront of emergency response and disaster management efforts. They establish and coordinate emergency management agencies, which are responsible for planning, preparedness, response, and recovery activities in the event of natural disasters, public health emergencies, or other emergencies that threaten public safety. State governments work closely with local governments, federal agencies, and other stakeholders to ensure a coordinated and effective response to emergencies.

Conclusion:
Enforcing laws regarding public safety is a primary function of State government. Through their various agencies and initiatives, state governments strive to maintain law and order, protect citizens from crime, ensure the fair administration of justice, and respond effectively to emergencies and disasters. These efforts contribute to the overall well-being and security of the community.

Analysis of Statements
To determine the correctness of the statements regarding the powers of the Governor in the context of the State Legislature, let's break down each statement.
Statement 1: The Governor can return a Non-Money Bill for reconsideration by the State Legislature only once.
- This statement is correct.
- According to Article 200 of the Indian Constitution, the Governor has the power to return a Non-Money Bill for reconsideration, but can do so only once.
Statement 2: The Governor must reserve a Bill for the consideration of the President if the Bill endangers the position of the High Court.
- This statement is also correct.
- Under Article 231, if a Bill is deemed to affect the High Court's status or jurisdiction, the Governor is obliged to reserve it for the President's consideration.
Statement 3: The Governor can appoint persons to the Judicial Services of the State without consulting the High Court.
- This statement is incorrect.
- The Governor is required to consult the High Court in matters related to the appointment of judges and other personnel in the Judicial Services, ensuring that judicial independence is maintained.
Conclusion
- Based on the analyses above, the correct statements are 1 and 2.
- Thus, the answer to the question is option B: 1 and 2 Only.

Explanation:

Statement-I:
- The statement correctly explains the powers of the Governor in relation to the assent and reservation of bills in the State Legislature.
- The Governor can give assent to the Bill, return a Non-Money Bill for reconsideration once, or reserve the Bill for the consideration of the President under certain circumstances.
- Reservation is obligatory if the Bill is ultra-vires, opposed to DPSP, against the larger interest of the country, or deals with Article 31A.

Statement-II:
- This statement also correctly outlines some powers of the Governor in relation to financial matters in the State Legislature.
- The Governor has the power to ensure the Annual Financial Statement is laid before the State Legislature and that Money Bills require her prior recommendation.
- Additionally, the Governor can make advances out of the Contingency Fund of India to cover unforeseen expenditures.
Therefore, both Statement-I and Statement-II are correct in their respective explanations. However, Statement-II does not directly explain Statement-I, as they relate to different aspects of the Governor's powers in the State Legislature.

While selecting Governors, the Central Government should adopt the following strict guidelines as recommended in the Sarkaria Commission report: He should be a detached figure and not too intimately connected with the local politics of the states.

Explanation:

When a no-confidence motion is passed against the council of ministers, the following things happen:

1. Resignation of Ministers: All the ministers have to resign except those ministers who are from the legislative council.

2. Collective Responsibility: The resignation of the council of ministers is considered as a collective resignation. Therefore, there is no need for each minister to resign separately.

3. Caretaker Government: After the resignation of the council of ministers, a caretaker government is formed to carry out the day-to-day administration of the state.

4. Dissolution of Assembly: If the council of ministers is unable to prove its majority in the assembly within a specified time, the Governor may dissolve the assembly and call for fresh elections.

Hence, both statements 1 and 2 are not correct. The correct statement is that when a no-confidence motion is passed against the council of ministers, all the ministers have to resign collectively, and a caretaker government is formed to carry out the day-to-day administration of the state.

The resignation or death of any other minister merely creates a vacancy which the Chief Minister may or may not like to fill.

Under the Indian Constitution, the distribution of powers and functions between the Union and the States is clearly defined. The conduct of business of the Government of a State, the Council of Ministers to aid and advise the Governor, and the duties of the Chief Minister are all important aspects of the functioning of the State Government. Let's examine each of these provisions in detail to understand why option 'C' is the correct answer.

1. Conduct of business of the Government of a State - Article 166:
Article 166 of the Indian Constitution deals with the conduct of business of the Government of a State. It states that the Governor of a State shall conduct the business of the State Government in accordance with the rules of procedure made by the Governor himself. The Governor is required to act with the aid and advice of the Council of Ministers headed by the Chief Minister in the exercise of his functions, except in cases where he is required to act in his discretion. This article ensures the smooth functioning of the State Government.

2. Council of Ministers to aid and advise Governor - Article 164:
Article 164 of the Indian Constitution provides for the Council of Ministers to aid and advise the Governor. It states that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in cases where he is required to act in his discretion. The Council of Ministers is collectively responsible to the State Legislature and its advice is binding on the Governor. This article establishes the democratic principle of collective responsibility and ensures that the Governor does not exercise arbitrary power.

3. Duties of Chief Minister - Article 167:
Article 167 of the Indian Constitution deals with the duties of the Chief Minister of a State. It states that it shall be the duty of the Chief Minister to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation. The Chief Minister also provides information to the Governor regarding the decisions of the Council of Ministers. This article establishes the role and responsibilities of the Chief Minister in the State Government.

In conclusion, all three provisions mentioned in the options are correctly matched. Article 166 deals with the conduct of business of the Government of a State, Article 164 establishes the Council of Ministers to aid and advise the Governor, and Article 167 outlines the duties of the Chief Minister. Therefore, option 'C' - 1 and 3 Only, is the correct answer.

To preserve, protect and Defend the constitution and the law - is considered Under The Oath of Governor.

India is the fifth largest producer of wind energy with the sector alone constituting 68 per cent of the total renewable energy produced in the country, India's ambassador to the UAE T P Seetharam has said.

Mahanadi water disputes tribunal was constituted in March 2018 to resolve the long-standing water-sharing dispute between Odisha and Chhattisgarh over the Mahanadi river. The tribunal was set up under the Inter-State River Water Disputes Act, 1956 after the Odisha Government had moved the Supreme Court in 2016 seeking the formation of a tribunal to resolve the dispute.

The Mahanadi river is one of the major rivers in India, flowing through both Odisha and Chhattisgarh. The dispute between the two states arose when Chhattisgarh constructed a number of barrages and dams upstream on the river, leading to a reduction in the flow of water downstream to Odisha.

The tribunal comprises of Justice A M Khanwilkar of the Supreme Court as the chairman, and Justice Ravi Ranjan of the Patna High Court and Justice Indermeet Kaur Kochhar of the Delhi High Court as members.

The tribunal's main objective is to look into the sharing of water between the two states and ensure that both states get their fair share of water from the river. It will also look into the environmental impact of the construction of dams and barrages on the river and suggest measures to mitigate any negative effects.

The formation of the Mahanadi water disputes tribunal has brought hope to the people of Odisha who have been suffering due to the reduced flow of water in the river. The tribunal's decision is expected to bring a permanent solution to the water-sharing dispute between the two states and ensure that both states get their fair share of water from the Mahanadi river.

The correct answer is option 'A' - The Central Administrative Tribunal (CAT) adjudicates disputes and complaints with respect to the service of persons who are appointed to public services and posts in connection with the affairs of the Union, except members of the Defence services.

Explanation:

The Central Administrative Tribunal (CAT) is a specialized administrative tribunal in India that was established under Article 323-A of the Constitution of India. It was set up to adjudicate disputes and complaints of civil servants regarding their service matters.

The CAT has jurisdiction over the following categories of persons:

a) Appointed to public services and posts in connection with the affairs of the Union except members of the Defence services: This means that the CAT has the authority to hear cases related to the service of individuals who are appointed to public services and posts that are connected to the affairs of the Union government. However, it does not have jurisdiction over cases involving members of the Defence services.

b) Officials and servants of the Supreme Court or High Courts: The CAT also has jurisdiction over the officials and servants of the Supreme Court and High Courts. This means that individuals who are employed by the judiciary can approach the CAT to seek redressal for their service-related grievances.

c) Members of the Secretarial staff of the Parliament or State Legislatures: The CAT also has jurisdiction over the members of the Secretarial staff of the Parliament or State Legislatures. This means that individuals working in the secretarial staff of the legislative bodies can approach the CAT for resolution of their service-related disputes.

d) Members of the Defence Services: It is important to note that the CAT does not have jurisdiction over cases involving members of the Defence services. This means that individuals serving in the armed forces cannot approach the CAT for resolution of their service matters.

In conclusion, the Central Administrative Tribunal adjudicates disputes and complaints related to the service of individuals appointed to public services and posts in connection with the affairs of the Union, excluding members of the Defence services.

The correct answer is option 'A' - 1985.

Explanation:
The Administrative Tribunals Act was passed by the Parliament of India in 1985. This act aimed to provide for the establishment of administrative tribunals for the speedy and effective disposal of disputes and complaints related to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or any State.

Key Points:
1. Purpose of the Act: The Administrative Tribunals Act was enacted to address the growing number of cases related to service matters pending in regular courts. It aimed to provide a separate mechanism for the resolution of such disputes, ensuring a faster and more efficient process.

2. Establishment of Administrative Tribunals: The Act provided for the establishment of administrative tribunals at both the central and state levels. These tribunals were given the authority to adjudicate matters related to recruitment, conditions of service, and other administrative issues concerning public servants.

3. Composition of Tribunals: The Act specified the composition of the administrative tribunals. Each tribunal would consist of a Chairman and such number of Vice-Chairmen and Members as the government deemed necessary. The Chairman and members were appointed by the President or the Governor, as the case may be.

4. Jurisdiction of Tribunals: The administrative tribunals established under this act had the jurisdiction to hear and determine disputes and complaints arising out of service matters of public servants. They had the power to make orders and pass judgments, which were enforceable as if they were decrees of a civil court.

5. Exclusion of Jurisdiction of Civil Courts: One of the significant provisions of the act was the exclusion of the jurisdiction of civil courts in matters falling within the jurisdiction of administrative tribunals. This meant that once a dispute was referred to the tribunal, the civil courts could no longer entertain or decide upon the same matter.

6. Appellate Authority: The Act also provided for the establishment of a Central Administrative Tribunal (CAT) at the central level and State Administrative Tribunals (SATs) at the state level. The CAT and SATs served as appellate authorities, hearing appeals against the decisions of the administrative tribunals.

In conclusion, the Administrative Tribunals Act was passed by the Parliament of India in 1985 to establish administrative tribunals for the speedy and effective resolution of service-related disputes of public servants. This act aimed to streamline the process and ensure timely justice for the aggrieved parties.

The principle of collective responsibility also means that the cabinet decisions bind all cabinet ministers (and other ministers) even if they deferred in the cabinet meeting. It is the duty of every minister to stand by the cabinet decisions and support them both within and outside the state legislature. If any minister disagrees with a cabinet decision and is not prepared to defend it, he must resign. Several ministers have resigned in the past owing to their differences with the cabinet.

The judicial magistrate court is at the lowest in the hierarchy of criminal courts. Above it there is the Chief Judicial Magistrate Court, and above that is the Session Judge's court, and the topmost authority at the district level is the High Court.

At the lowest level, on the civil side, is the Court of Munsiff and on the criminal side, is the Court of Judicial Magistrate. The munsiff possess limited jurisdiction and decides civil cases of small pecuniary stake". The judicial magistrate tries criminal cases which are punishable with imprisonment for a term up to three years.

The correct answer is option 'C' - Both 1 and 2.

Explanation:
- The first statement is correct. The award by the Lok Adalat is binding on the parties involved in the dispute. It has the same status as a decree of a civil court. This means that the parties are legally obligated to comply with the decision of the Lok Adalat. If any party fails to comply with the award, the other party can enforce it through the civil court.
- The second statement is also correct. The award given by the Lok Adalat is non-appealable. This means that the parties cannot challenge the decision of the Lok Adalat in a higher court. Once the award is given, it becomes final and cannot be appealed.

Lok Adalat is a system of alternative dispute resolution in India. It aims to provide a speedy and cost-effective resolution to disputes, especially in cases of pending court cases. Lok Adalats are organized at various levels, including the National Level, State Level, District Level, and Taluk Level.

The Lok Adalat comprises of a panel of members, including a judicial officer, social workers, and legal professionals. The Lok Adalat follows a conciliatory approach to resolve disputes. The parties involved in the dispute are encouraged to negotiate and reach a mutually acceptable settlement. If a settlement is reached, it is recorded as an award by the Lok Adalat.

The award by the Lok Adalat has certain legal characteristics. It is considered to be a decree of a civil court and is binding on the parties. It has the same enforceability as a decree of a civil court. The award can be executed through the civil court if required.

One of the key features of the Lok Adalat is its non-appealable nature. Once the award is given, the parties cannot challenge it in a higher court. This ensures the finality and speedy resolution of disputes. However, it is important to note that if the parties are not satisfied with the outcome of the Lok Adalat, they still have the option to approach the regular court for resolution.

In conclusion, the award by the Lok Adalat is binding on the parties and has the status of a decree of a civil court. It is non-appealable, meaning the parties cannot challenge the decision in a higher court.

The salary and allowances of the chief minister are determined by the state legislature

Governors are the constitutional heads of the states in India. They have a crucial role in the legislative process of the state by giving assent to bills passed by the state legislature. However, there is no fixed time period within which a governor must give assent to a bill. Let us understand this in detail.

Constitutional provisions regarding assent to bills by the governor:

- Article 200 of the Constitution of India deals with the power of the governor to withhold assent to a bill passed by the state legislature.
- According to this article, the governor may give his assent to a bill passed by the state legislature or he may withhold his assent to the bill.
- In case the governor withholds his assent to the bill, he may return the bill to the state legislature for reconsideration.
- The state legislature may then either modify the bill according to the governor's suggestions or may send it back to the governor with or without modifications.
- If the governor still withholds his assent to the bill after it has been reconsidered by the state legislature, the bill will not become law.

No fixed time period for giving assent:

- While the Constitution of India provides for the power of the governor to withhold assent to a bill, it does not specify any time period within which the governor must give his assent or withhold it.
- This means that the governor can keep the bill with himself for as long as he wants before giving his assent or returning it for reconsideration.
- However, in practice, governors usually do not take very long to give their assent or withhold it as this can lead to political controversies and criticism.

Conclusion:

In conclusion, there is no fixed time period within which a governor must give assent to a bill passed by the state legislature. The governor may keep the bill with himself for as long as he wants before giving his assent or returning it for reconsideration.

Only the Supreme Court has the right to change or correct the constitution with regard the parliament laws or emergency crisis