All questions of Central Government, Parliament & Judiciary for BPSC (Bihar) Exam

A

• There are some bills which require the prior recommendation of the President before their introduction in the Parliament. These bills are:

Understanding the Statements
The question presents two statements regarding the eligibility criteria for Supreme Court judges and the powers of the Supreme Court.
Statement 1: Eligibility Criteria
- According to Article 124 of the Indian Constitution, the qualifications for appointment as a Supreme Court judge indeed include:
- An Indian citizen who has been a High Court judge for at least 5 years.
- An advocate of at least 10 years standing at the bar.
- A distinguished jurist, which can include legal scholars or practitioners of repute.
This statement is correct.
Statement 2: Powers and Jurisdiction of the Supreme Court
- The powers and jurisdiction of the Supreme Court, as defined in the Constitution, can be altered by Parliament. However, the basic structure doctrine established by the Supreme Court limits Parliament's ability to change fundamental aspects of the Constitution, including the Supreme Court's powers.
- Therefore, while Parliament can legislate on the Supreme Court's jurisdiction, it cannot make changes that would undermine its essential features.
This statement is incorrect.
Conclusion
- Since Statement 1 is correct and Statement 2 is incorrect, the correct answer is option 'A': 1 Only.
This analysis clarifies the eligibility requirements for Supreme Court judges while also emphasizing the limitations on Parliament's power over the Court's jurisdiction.

All of them.

The Powers of the President of India

The President of India is the head of state and the commander-in-chief of the Indian Armed Forces. The powers of the President of India are listed in the Constitution of India. Let's discuss the powers of the President of India in detail.

Appointment of Inter-state Council

The President of India can appoint an inter-state council to promote Centre-state and inter-state cooperation. The inter-state council is a constitutional body that was set up in 1990 to promote cooperation between states and the Centre. The council is headed by the Prime Minister and has chief ministers of all the states and Union Territories as members. The council discusses issues related to Centre-state relations and inter-state relations and makes recommendations to the Centre and states. The President has the power to appoint the members of the council and can also dissolve the council.

Direct Administration of Union Territories

The President of India directly administers the union territories through administrators appointed by him. India has seven union territories, and the President appoints an administrator for each of them. The administrator is responsible for the administration of the union territory and reports directly to the President. The administrator has the power to make laws for the union territory, subject to the approval of the President.

Powers Concerning the Administration of Scheduled Areas and Tribal Areas

The President of India can declare an area as scheduled area and has powers concerning the administration of scheduled areas and tribal areas. A scheduled area is an area in which the tribal population is in the majority or in which the tribal population is significantly higher than the rest of the population. The President has the power to declare an area as a scheduled area and can also make regulations for the administration of scheduled areas. The President can also nominate members to the advisory council for the welfare of the scheduled tribes.

Conclusion

In conclusion, the powers of the President of India are significant, and the President plays a crucial role in the governance of the country. The President has the power to appoint an inter-state council, directly administer union territories, and has powers concerning the administration of scheduled areas and tribal areas. These powers ensure that the President can effectively carry out his duties and responsibilities as the head of state.

Judicial powers of the President of India

The President of India is the head of the Indian judiciary and exercises various judicial powers. The correct option is (a) 1 and 2. Let's understand these powers in detail:

1. Appointment of judges of the Supreme Court of India:
The President of India has the power to appoint the judges of the Supreme Court of India. This power is exercised in consultation with the Chief Justice of India and other senior judges of the Supreme Court.

2. Pardoning a death sentence:
The President of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence of any person convicted of any offence. This power is exercised under Article 72 of the Indian Constitution.

3. Sending a bill for reconsideration to the concerned state legislature:
This power is not a judicial power of the President of India. It falls under the legislative powers of the President. The President can send a bill passed by the state legislature for reconsideration. However, the President cannot reject or amend the bill.

Conclusion:
Thus, the correct option is (a) 1 and 2. The President of India has the power to appoint judges of the Supreme Court and to grant pardon or reprieve in case of death sentence.

Pardoning power is an executive authority not judicial power,so only three pairs correct ..option d....

Analysis of Correctly Matched Pairs:
1. Regulating Act of 1773: Established Supreme Court of Judicature at Calcutta
- The Regulating Act of 1773 indeed established the Supreme Court of Judicature at Calcutta, which was the first Supreme Court in India.
2. India High Courts Act 1861: Created High Courts for various provinces
- The India High Courts Act of 1861 was enacted to create High Courts in different provinces of India, providing a more organized system of justice at the provincial level.
3. Supreme Court (Number of Judges) Bill of 2019: Increased judicial strength from 31 to 34
- The Supreme Court (Number of Judges) Bill of 2019 aimed to increase the judicial strength of the Supreme Court from 31 to 34 judges to help manage the increasing workload and backlog of cases.

Conclusion:
Out of the given pairs, three pairs are correctly matched based on the historical and legislative context of each act. These acts played crucial roles in shaping the judicial system in India and had a significant impact on the administration of justice in the country.

B

Explanation:
According to Article 111 of the Indian Constitution, when a bill is passed by both houses of Parliament, it is presented to the President for his assent. The President can do the following:

1. Give his assent: If the President gives his assent, the bill becomes an act and comes into force.

2. Withhold his assent: If the President withholds his assent, the bill is dropped, and it does not become an act.

3. Return the bill for reconsideration: If the President returns the bill for reconsideration, the Parliament can make changes to the bill and pass it again. If the bill is passed again and presented to the President, he must give his assent.

4. Exercise suspensive veto power: If the President exercises suspensive veto power, he can withhold his assent to the bill for a maximum of six months. If the bill is not passed again by Parliament in the meantime, it lapses.

However, the President cannot withhold his assent to a money bill. A money bill is a bill that deals with taxation, borrowing of money by the government, or expenditure from the Consolidated Fund of India. It is deemed to be passed by both houses of Parliament if it is passed by the Lok Sabha (the lower house of Parliament) and transmitted to the Rajya Sabha (the upper house of Parliament) within 14 days. The Rajya Sabha can only make recommendations on the bill, and the Lok Sabha can either accept or reject these recommendations. The President cannot return a money bill for reconsideration.

Thus, in the matter of State legislation, the President may withhold his assent to any bill reserved for his consideration except money bills.

The correct answer is option 'D', which states that the rules committee in the Rajya Sabha consists of 16 members including the chairman. Let's understand the role and composition of the rules committee in the Rajya Sabha in detail.

Role of the Rules Committee in the Rajya Sabha:
- The Rajya Sabha is the upper house of the Parliament of India, and it has its own set of rules and procedures to conduct its business effectively.
- The rules committee is responsible for formulating and recommending changes to the rules and procedures of the Rajya Sabha.
- It plays a crucial role in ensuring the smooth functioning of the Rajya Sabha by reviewing, revising, and updating the rules as per the changing needs and requirements.

Composition of the Rules Committee in the Rajya Sabha:
- The rules committee consists of members who are elected by the Rajya Sabha itself.
- According to the current composition, the rules committee consists of 16 members, including the chairman.
- The chairman of the Rajya Sabha, who is the Vice President of India, serves as the ex-officio chairman of the rules committee.
- The remaining 15 members of the committee are nominated by the Chairman of the Rajya Sabha.
- These members are selected based on their experience, expertise, and representation from various political parties and groups in the Rajya Sabha.
- The members of the committee are usually senior and experienced parliamentarians who have a good understanding of the functioning and procedures of the Rajya Sabha.

Responsibilities of the Rules Committee in the Rajya Sabha:
- The main responsibility of the rules committee is to examine and suggest changes to the rules and procedures of the Rajya Sabha.
- It considers proposals for amending the rules and procedures brought by the Chairman of the Rajya Sabha, the Leader of the House, or any member of the Rajya Sabha.
- The committee also examines the rules and procedures of other legislatures within India and in other countries to incorporate best practices and make necessary recommendations.
- It reviews the functioning of the Rajya Sabha and suggests measures to improve its efficiency, effectiveness, and transparency.
- The committee also provides guidance and clarifications to the members of the Rajya Sabha regarding the interpretation and application of the rules and procedures.

In conclusion, the rules committee in the Rajya Sabha consists of 16 members, including the chairman. It is responsible for formulating, reviewing, and recommending changes to the rules and procedures of the Rajya Sabha to ensure its smooth functioning and effectiveness.

Dr BR Ambedkar stated, 'If any functionary under our constitution is to be compared with the US president, he is the Prime Minister and not the president of the Union'.

The Public Accounts Committee (PAC) is a standing committee of Parliament of India. Its main function is to examine the audit report of the Comptroller and Auditor General (CAG) after it is laid in the Parliament. The correct answer is option C, which means both statements are correct.

Functions of Public Accounts Committee:

1. Examination of Appropriation Accounts: The PAC examines the Appropriation Accounts of the Union government. Appropriation accounts show the details of expenditure and receipts of the government during a financial year. The PAC examines the accounts to ensure that the money was spent for the purpose for which it was granted by the Parliament.

2. Examination of Finance Accounts: The PAC examines the Finance Accounts of the Union government. Finance accounts show the details of receipts and expenditure of the government during a financial year. The PAC examines the accounts to ensure that the money was spent within the limits of the grants and appropriations sanctioned by the Parliament.

3. Examination of Accounts of State Corporations: The PAC also examines the accounts of state corporations. These corporations are set up by the state governments to undertake various activities, such as power generation, road construction, and irrigation projects. The PAC examines the accounts to ensure that the money was spent for the purpose for which it was granted by the state government.

4. Examination of CAG Audit Reports: The PAC examines the audit reports of the CAG after they are laid in the Parliament. The audit reports point out the irregularities and deficiencies in the financial management of the government. The PAC examines these reports and makes recommendations to improve the financial management of the government.

5. Scrutiny of Public Expenditure: The PAC scrutinizes the public expenditure to ensure that there is no wasteful expenditure and that the money is spent in a judicious and efficient manner.

In conclusion, the Public Accounts Committee plays an important role in ensuring accountability and transparency in the financial management of the government. It examines the accounts of the government and makes recommendations to improve the financial management of the government.

Analysis of the Statements
To evaluate the correctness of Statement-I and Statement-II regarding the eligibility and duties of the Vice-President of India, we need to break down each statement.
Statement-I: Eligibility Criteria
- A person must be a citizen of India.
- The individual should be at least 35 years old.
This statement is accurate as per Article 66 of the Constitution of India, which outlines the qualifications for election as Vice-President.
Statement-II: Oath and Duties
- The Vice-President is required to bear true faith and allegiance to the Constitution.
- They must faithfully discharge the duties of the office.
This statement is also correct as it reflects the oath taken by the Vice-President, which is mandated by the Constitution.
Conclusion
- Both statements are correct.
- However, Statement-II does not explain or provide additional context for Statement-I; it merely describes the duties of the Vice-President.
Thus, the correct answer is option 'A': "Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I."
By understanding the distinction between eligibility criteria and duties, we can see why both statements stand independently yet are both valid.

Understanding the Powers of President and Governor
The powers exercised by the President of India and the Governor of a state include various forms of clemency, but they differ in scope and application.
Power to Pardon and Commute Sentences
- The correct answer is option 'C': Power to pardon, reprieve, respite, remit, suspend, or commute the punishment or sentence.
- This power is granted under Article 72 of the Constitution for the President and Article 161 for the Governor.
Scope of the Powers
- Pardoning Power: Both the President and the Governor can pardon sentences, meaning they can completely forgive the offense and release the individual from all legal consequences.
- Reprieve and Respite: They can also grant temporary relief or delay in the execution of a sentence.
- Remit and Commute: They hold the authority to reduce the severity of a punishment or replace it with a less severe one.
Differences in Application
- The President’s pardoning power applies to offenses against laws related to the Union, while the Governor’s power pertains to state laws.
- Additionally, the President can exercise this power in cases involving court-martial sentences, which is not applicable to Governors.
Conclusion
- Therefore, option 'C' reflects the clemency powers that both the President and the Governor can exercise, highlighting their role in the justice system while maintaining checks and balances within their respective domains.

Parliamentary committee means a committee that: 1 Is appointed or elected by the House or nominated by the Speaker / Chairman 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 Lok Sabha / Rajya Sabha

Rajya Sabha does not have committee on absence of members and committee on private members' bills and resolutions.

The doctrine of judicial review originated and developed in the USA. It was propounded for the first time in the famous case of Marbury V. Madison (1803) by John Marshall, the then chief justice of the American Supreme Court. In India, on the other hand, the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts).

• Summoning: The President has the power to summon each House of Parliament to meet. This means that the President can call for a new session of the Parliament. This is done at such time and place as he thinks fit. Normally, there are three sessions of Parliament in a year: the Budget session, the Monsoon session, and the Winter session.
• Proroguing: The President can prorogue the Houses of Parliament. This means that the President can end a session of the Parliament. However, it must be noted that prorogation does not affect the bills, resolutions, motions, etc., pending before the House, which can be resumed in the next session from the stage at which they were left before prorogation.
• Dissolving Lok Sabha: The President has the power to dissolve the Lok Sabha. This means that the President can end the tenure of the Lok Sabha before its term of five years. However, the President can dissolve Lok Sabha only on the advice of the Prime Minister. Once the Lok Sabha is dissolved, all business including bills, motions, resolutions, etc., pending before it or its committees lapse.

No ground has been mentioned in the constitution for his removal. The Vice-President holds office for a term of five years from the date on which he enters upon his office. However, he can resign from his office at any time by addressing the resignation letter to the President. He can also be removed from the office before completion of his term. A formal impeachment is not required for his removal. He can be removed by a resolution of the Rajya Sabha passed by an absolute majority (ie, a majority of the total members of the House) and agreed to by the Lok Sabha. But, no such resolution can be moved unless at least 14 days' advance notice has been given. Notably, no ground has been mentioned in the Constitution for his removal. The Vice-President can hold office beyond his term of five years until his successor assumes charge. He is also eligible for re-election to that office. He may be elected for any number of terms.

The correct answer is option 'D': All of them.

The cabinet plays multiple roles in the functioning of the government. Let's discuss each role in detail:

1. Chief Policy Formulating Body of the Central Government:
The cabinet is responsible for formulating and implementing policies that guide the functioning of the central government. It is the highest decision-making body where policies are discussed, debated, and approved. The cabinet members, who are senior ministers, provide inputs, suggestions, and recommendations on various policy matters. They also analyze the potential impact of policies on different sectors and sections of society. Once a policy is finalized, it is implemented through various government departments and agencies.

2. Dealing with Major Legislative Matters:
The cabinet plays a crucial role in the legislative process. It is responsible for proposing and introducing major bills and legislations in the parliament. Cabinet members, who are also members of parliament, take part in the legislative debates, discussions, and voting. They present the government's perspective on various bills and work towards their passage. The cabinet also reviews and approves the draft bills prepared by different ministries before they are presented in the parliament.

3. Handling Foreign Policies and Foreign Affairs:
The cabinet is responsible for formulating and implementing foreign policies of the country. It deals with matters related to international relations, diplomacy, and foreign affairs. Cabinet members, including the Prime Minister and the Minister of External Affairs, represent the country in international forums, negotiations, and summits. They engage in bilateral and multilateral discussions with other countries to promote the country's interests, maintain peace and security, and enhance economic cooperation. The cabinet also takes decisions on matters like signing international treaties, agreements, and conventions.

In summary, the cabinet plays a pivotal role in policy formulation, legislative matters, and foreign affairs. It serves as the chief decision-making body of the central government, ensuring effective governance and representing the country's interests at the national and international levels.

The scope of Judicial review in India is narrower than what exists in USA. American constitution does not explicitly mention the concept of Judicial review in its provisions.

Before a Minister enters upon his office, the president administers to him the oaths of office and secrecy. In his oath of office, the minister swears: 1. to bear true faith and allegiance to the Constitution of India, 2. to uphold the sovereignty and integrity of India, 3. to faithfully and conscientiously discharge the duties of his office, and 4. to do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will.

Understanding the Council of Ministers
The Council of Ministers is a pivotal component of the executive branch in India, responsible for the administration and governance of the country. Let's analyze the statements provided.
Statement Analysis
- Statement 1: It is a smaller body consisting of 15 to 20 ministers.
- This statement is incorrect. In India, the Council of Ministers can consist of more than 20 ministers, depending on the size of the government. There is no fixed upper limit of 20 ministers, making this statement misleading.
- Statement 2: It includes all three categories of ministers: cabinet ministers, ministers of state, and deputy ministers.
- This statement is correct. The Council of Ministers indeed comprises all three categories of ministers. Cabinet ministers hold significant portfolios, while ministers of state may hold independent charge or assist cabinet ministers. Deputy ministers typically assist cabinet or state ministers.
Conclusion
Given the analysis, only the first statement is incorrect, which means the correct answer is option 'A'.
- Option A: Only 1 is incorrect.
This highlights the importance of understanding the structure and composition of the Council of Ministers in the context of Indian governance, especially for competitive examinations like UPSC.

S. Radhakrishnan, Hidayatullah, Shankar Dayal Sharma were elected unopposed.

Central Council of Ministers consists of three categories of ministers, namely, cabinet ministers, ministers of state and deputy ministers. At times, the council of ministers may also include a deputy prime minister. The deputy prime ministers are appointed mostly for political reasons.

Understanding the Pardoning Power of the President
The pardoning power of the President is an important aspect of executive authority. Let’s analyze the statements to determine the correct answer.
1. President's Power Without Cabinet Advice
- The President can exercise the pardoning power independently without the advice of the cabinet.
- This power is enshrined in Article 72 of the Constitution, allowing the President to grant pardons, reprieves, respites, or remissions of punishment.
2. No Obligation to Provide Reasons
- The President is not required to provide reasons for granting or denying a pardon.
- This ensures that the decision remains discretionary and is not subject to judicial review based on reasoning.
3. Right to Oral Hearing
- A petitioner for mercy does not have a right to an oral hearing before the President.
- The process is typically conducted through written petitions, and the President can decide based on the merits of the written submissions.
Conclusion
Based on the analysis:
- Statement 1: True
- Statement 2: True
- Statement 3: True
However, the question asks us to evaluate the options based on the statements. Since the answer option 'B' claims that statements 2 and 3 are correct, while statement 1 is also correct but not included, it implies that the focus is on the procedural aspect of the President’s discretion.
Hence, while all statements are true, the option 'B' highlights the uniqueness of the President’s discretion in terms of providing reasons and oral hearings, making it the correct choice in this context.

B) Only 1, 2, and 4

1. The 'Procedure established by law' gives wide scope to the Supreme Court to grant protection to the rights of its citizens.
   This statement is incorrect. The concept of "procedure established by law" is narrower than the "due process of law" found in the U.S. Constitution. Under "procedure established by law," the Supreme Court of India is primarily concerned with whether a law has been enacted following the correct procedure laid down by the legislature. It does not provide the same broad scope for judicial review of the law's reasonableness or fairness as "due process of law" would.
2. It can declare laws violative of these rights void not only on substantive grounds of being unlawful but also on procedural grounds of being unreasonable.
   This statement is incorrect. The Indian judiciary, under the "procedure established by law," can declare laws void if they do not follow the proper procedure or violate fundamental rights. However, it cannot declare a law void purely on the grounds of it being unreasonable or unfair in substance unless it violates a specific fundamental right.

A)1and2 only