All questions of State Government : Executive & Legislatures for BPSC (Bihar) 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

Explanation:

Judicial review is a process of reviewing the actions or decisions of the legislative, executive or administrative branch of the government by the judiciary. It is an important aspect of any democratic government that helps to maintain the balance of power between different branches of the government. The term judicial review is not explicitly mentioned in the Indian Constitution but it is an implied power of the Supreme Court of India under Article 32 and Article 226.

Authority of Supreme Court:

The authority of the Supreme Court to exercise judicial review is derived from the Constitution of India. The Constitution empowers the Supreme Court to examine the constitutionality of legislative enactments and executive orders of both Central and State governments.

Constitutionality:

The Supreme Court examines whether the legislation or executive order is in conformity with the provisions of the Constitution or not. If the legislation or executive order is found to be inconsistent with the Constitution, the Supreme Court may declare it as unconstitutional and void.

Scope of Judicial Review:

The scope of judicial review in India is wide and includes the following:

• Examining the constitutionality of laws


• Examining the constitutionality of executive orders


• Examining the constitutionality of administrative decisions


• Examining the constitutionality of actions of statutory bodies


• Examining the constitutionality of actions of private bodies that have public functions

Conclusion:

Judicial review is an essential component of any democratic government. It helps in maintaining the balance of power between different branches of the government. The authority of the Supreme Court to exercise judicial review is derived from the Constitution of India. The scope of judicial review in India is wide and includes a range of actions and decisions.

As at the Centre, there is no provision in the Constitution for the system of legal responsibility of the minister in the states. It is not required that a minister should countersign an order of the governor for a public act. Moreover, the courts are barred from inquiring into the nature of advice rendered by the ministers to the governor.

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 

Chief justice of India after consultation with president

Article 371-I is associated with Goa. It provides that the Goa Legislative Assembly is to consist of not less than 30 members.

Appellate jurisdiction refers to the authority of a higher court to review and revise decisions made by lower courts. In the case of High Courts in India, they have appellate jurisdiction over both civil and criminal cases.

1. Appellate jurisdiction in civil cases:
- The first statement is correct. The High Court has the authority to hear appeals against the orders and judgments of the district courts, additional district courts, and other subordinate courts in civil cases.
- This means that if a party is dissatisfied with the decision of a lower court in a civil case, they can appeal to the High Court to review and potentially overturn the decision.

2. Appellate jurisdiction in criminal cases:
- The second statement is also correct. The High Court has the authority to hear appeals against judgments relating to sessions courts and additional sessions courts in criminal cases.
- This means that if a person is convicted or acquitted by a sessions court or an additional sessions court and they believe that there was an error in the judgment, they can appeal to the High Court to review the decision.

Therefore, both statements are correct, and the correct answer is option 'C' - Both 1 and 2.

Appellate jurisdiction of High Courts is an important aspect of the Indian judicial system as it ensures that there is a mechanism for reviewing and correcting errors made by lower courts. It provides an opportunity for parties to seek justice and ensure that their cases are heard fairly. The High Court plays a crucial role in maintaining the rule of law and upholding the principles of justice in civil and criminal cases.

Explanation of the Answer
The correct answer is option 'A', which states that both Statement-I and Statement-II are correct, and Statement-II explains Statement-I. Let's break down the statements for clarity.
Statement-I: Structure of State Legislatures
- State legislatures in India indeed differ in structure.
- Some states have a unicameral legislature, meaning they have only one house (e.g., Legislative Assembly).
- Other states have a bicameral legislature, meaning they have two houses (e.g., Legislative Assembly and Legislative Council).
Statement-II: Roles of Legislative Council and Assembly
- In states with a bicameral system, the Legislative Council serves as the upper house.
- The Legislative Assembly functions as the lower house.
- This structure is similar to the Parliament of India, where the Rajya Sabha is the upper house and the Lok Sabha is the lower house.
Relationship between the Statements
- Statement-II is a specific explanation of how the bicameral system operates in those states mentioned in Statement-I.
- It clarifies the roles of the two types of houses within the context of a bicameral legislature.
Conclusion
- Both statements are accurate and complement each other.
- Therefore, option 'A' is correct as it confirms the correctness of both statements and establishes that Statement-II explains Statement-I.

Fixed by the President depending upon the workload.

D

Primary Difference in Membership Terms
The distinction between the membership durations of the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad) is foundational in understanding India's parliamentary structure.
Legislative Assembly (Vidhan Sabha)
- Members of the Legislative Assembly serve a fixed term of five years.
- Elections are held to constitute a new assembly after the term ends, ensuring a democratic renewal.
- The assembly can be dissolved earlier due to specific political circumstances, such as a vote of no confidence.
Legislative Council (Vidhan Parishad)
- The Legislative Council operates on a rotational basis, with one-third of its members retiring every two years.
- This system ensures continuity within the council, as not all members leave at once.
- Members serve a term of six years, but their re-election is not guaranteed.
Key Takeaway
- The primary difference lies in the fixed five-year term for the Legislative Assembly compared to the rotational system of the Legislative Council.
- This structure allows the Legislative Assembly to be more responsive to the electorate, while the Legislative Council provides stability through staggered elections.
In summary, option 'A' accurately captures the essence of the differing membership durations, highlighting the fixed nature of the Legislative Assembly's term versus the rotational system of the Legislative Council. Understanding this difference is crucial for comprehending the legislative process in India.

The Bill reorganizes the state of Jammu and Kashmir into The Union Territory of Jammu and Kashmir with a legislature, and The Union Territory of Ladakh without a legislature. The Union Territory of Ladakh will comprise Kargil and Leh districts, and the Union Territory of Jammu and Kashmir will comprise the remaining territories of the existing state of Jammu and Kashmir.

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.

The Constitution provides for the abolition or creation of legislative councils in states. Accordingly, the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect. Such a specific resolution must be passed by the state assembly by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.

Understanding the Power of Superintendence of High Courts
The statements regarding the High Court's power of superintendence over subordinate courts can be analyzed as follows:
1. No Constitutional Restriction
- The Constitution indeed grants High Courts the power of superintendence over subordinate courts without explicit restrictions.
- However, this power is not absolute and must be exercised within the framework of law and judicial principles.
2. Suo Motu and Appeals
- High Courts can exercise their power of superintendence not just through appeals initiated by parties but also suo motu, meaning on their own accord.
- This is vital for maintaining the integrity of the judicial system and correcting errors or injustices.
3. Nature of Revision
- The power of superintendence is similar to a revisionary power, allowing the High Courts to review and verify the correctness of judgments made by lower courts.
- This function ensures that legal standards are upheld and that justice is served.
Conclusion
- Based on the analysis, Statement 1 is not entirely accurate because while there are no explicit restrictions, the exercise of this power must adhere to judicial norms.
- Therefore, the correct statements are 2 and 3, making option 'D' the right choice.
In summary, the correct answer is option 'D' because statements 2 and 3 accurately reflect the nature of the High Court's power of superintendence, while statement 1 is misleading regarding its limitations.

D

Consolidated fund of the state.
Not consolidated fund of India

Under Article 371-J, the President is empowered to provide that the Governor of Karnataka would have special responsibility for

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).

Explanation:
The statement 'a) He constitutes a finance commission after every ten years to review the financial position of the panchayats and the municipalities' is incorrect.

The Financial Powers of the Governor in India are defined in Article 202 of the Constitution. The Governor of a state has certain financial powers that are important for the smooth functioning of the state government. Let's go through each option to understand the correct statements.

a) He constitutes a finance commission after every ten years to review the financial position of the panchayats and the municipalities:
This statement is incorrect. The Governor does not have the power to constitute a finance commission. The finance commission is constituted by the President of India under Article 280 of the Constitution. The finance commission is responsible for making recommendations on the distribution of financial resources between the Union and the states and among the states themselves. The finance commission also reviews the financial position of the panchayats and municipalities and makes recommendations on the devolution of funds to them.

b) Money bills can be introduced in the state legislature only with his prior recommendation:
This statement is correct. As per Article 207 of the Constitution, a money bill can be introduced in the state legislature only with the prior recommendation of the Governor. The Governor has the power to either give or withhold his recommendation on a money bill.

c) He can make advances out of the Contingency Fund of the state to meet any unforeseen expenditure:
This statement is correct. The Governor has the power to make advances out of the Contingency Fund of the state to meet any unforeseen expenditure. The Contingency Fund is created under Article 267 of the Constitution and is at the disposal of the Governor. It is used to meet urgent and unforeseen expenditure for which no provision exists in the budget.

d) He sees that the Annual Financial statement (state budget) is laid before the state:
This statement is correct. The Governor has the power and duty to ensure that the Annual Financial Statement, commonly known as the state budget, is laid before the state legislature. This is mentioned in Article 202 of the Constitution.

In conclusion, the incorrect statement is option 'a' - "He constitutes a finance commission after every ten years to review the financial position of the panchayats and the municipalities." This power lies with the President of India, not the Governor.

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.

Panchayati Raj Administration: An Overview
Panchayati Raj is a system of local self-governance in rural India that aims to empower the community and enhance participatory governance. Its primary focus is to engage local populations in their development processes.
Objective of Panchayati Raj
The correct answer, option 'D', emphasizes the essential role of instilling a sense of responsibility and participation among the people regarding community development programmes.
Key Points:

• Community Engagement: The Panchayati Raj system encourages local communities to actively participate in their governance and development initiatives.
• Awareness and Interest: By fostering continuous interest in community development, it aims to create a sense of ownership and accountability among villagers.
• Empowerment: The system empowers local populations to identify their needs and priorities, ensuring that development is tailored to the unique contexts of each area.
• Decentralization: By decentralizing power, it allows for more responsive and effective governance that addresses local issues more directly than distant bureaucracies.

Broader Impact
While options a), b), and c) are important aspects of rural development, they are not the primary aim of the Panchayati Raj system. The focus on arousing interest in community development is crucial because it leads to sustainable growth, as people who are engaged in the process are more likely to support and sustain initiatives.
Conclusion
In summary, the Panchayati Raj administration is not just about executing development plans but rather about building a participatory culture where communities take charge of their progress, making option 'D' the most accurate representation of its core objectives.

Statement 1: The High Court has this power over all courts and tribunals including those dealing with the armed forces functioning in the state
The first statement is incorrect. The power of superintendence of the High Court does not extend to courts and tribunals dealing with the armed forces. The armed forces have their own system of military justice, which is separate from civilian courts. The High Court does not have jurisdiction over military courts and tribunals.

Statement 2: In the exercise of this power it may issue general rules and prescribe forms for regulating the practice and proceedings of such courts
The second statement is correct. The High Court has the power to issue general rules and prescribe forms for regulating the practice and proceedings of the courts and tribunals under its superintendence. This power is derived from Article 227 of the Indian Constitution, which states that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. This power allows the High Court to ensure the proper functioning of subordinate courts and tribunals.

Conclusion
In conclusion, only statement 2 is correct. The High Court has the power to issue general rules and prescribe forms for regulating the practice and proceedings of the courts and tribunals under its superintendence. However, the High Court does not have jurisdiction over courts and tribunals dealing with the armed forces.

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.

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.

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.

Writ of Prohibition

The writ of prohibition is a legal order issued by a higher court to a lower court, tribunal, or public authority, restraining them from acting outside their jurisdiction or exceeding their lawful powers. It is a preventive measure intended to stop any illegal or unjust exercise of power by the lower court or authority.

Issued by higher courts
The writ of prohibition is typically issued by a higher court, such as a High Court or Supreme Court, when it finds that a lower court or tribunal has made a judgment or decision beyond its powers or jurisdiction. This means that the lower court has acted unlawfully or in excess of its authority.

Curbing excess power
The purpose of issuing a writ of prohibition is to curb the excess use of power by lower courts. It serves as a check and balance mechanism to ensure that courts and authorities do not overstep their boundaries or violate the principles of natural justice.

Invalidating judgments
When a higher court issues a writ of prohibition, it essentially invalidates the judgment or decision made by the lower court. The writ orders the lower court to stop any further proceedings related to the case and prohibits them from taking any action based on their previous unlawful decision.

Protection of rights
The writ of prohibition plays a crucial role in protecting the rights of individuals and ensuring that justice is dispensed fairly and within the confines of the law. It prevents any abuse of power or violation of fundamental rights by lower courts or authorities.

Examples of cases
Some examples of situations where a writ of prohibition may be issued include instances where a lower court attempts to hear a case that falls outside its jurisdiction, or when it acts in a biased manner, or when it exceeds its authority in interpreting or applying the law.

In conclusion, the writ of prohibition is a legal order issued by a higher court to a lower court or authority, restraining them from acting beyond their jurisdiction or exercising their powers unlawfully. It serves as a check on the lower courts and ensures that justice is administered fairly and according to the law.

Ammu and Kashmir became part of India through a) Instrument of Accession.