Indian Polity - 3 - UPSC MCQ

As per Representation of People Act 1951, in Lok Sabha elections, the security deposit for General category is Rs 25000, and for SC/ST is Rs 12500. While in Assembly elections, the security deposit amount is Rs 10000 and 5000 respectively. A defeated candidate who fails to secure more than one sixth of the valid votes polled in the constituency loses his security deposit. 

Rights provided by Articles 16, 29, 30 are Fundamental Rights. As per article 32, one can approach Supreme Court in case of violation of these rights. However Right to property (Article 300A) is merely a legal right. Before the 44th amendment, it was also a fundamental right.

As per Article 202(3)(d), expenditure in respect of the salaries and allowances of Judges High Court are charged to the Consolidated Fund of the State. However it must be noted that the pensions of High Court judges are charged to the Consolidated Fund of the India, not to the Consolidated fund of the State.  Article 112(3)(d)(i) provides that the salaries, allowances and pensions of the Judges of the Supreme Court shall be charged to the Consolidated Fund of India.

Art.38 (DPSP) directs the State to strive to create a social order in which justice social, economic and political prevails. The Preamble of our Constitution also provides that we have resolved to make India a democracy in which social, economic and political justice is given to all.

The President has ordinance-making powers under Art.123 which can be exercised only when either House is not in session because the power of making laws originally vests in the Parliament. Planning Commission is an extra-constitutional and nonstatutory body, not accountable to the Parliament. At present, the Planning Commission has been replaced by Niti Aayog. No minimum age is prescribed for appointment as a Judge of the Supreme Court. However, the maximum age is prescribed as 65. The National Development Council comprises the Prime Minister, the Union Cabinet Ministers, Chief Ministers of all States or their substitutes, representatives of the Union Territories and the members of the Planning Commission.

The fundamental right to equality finds place in many of the constitutional provisions. Art.14 provides for equality before law to all citizens, Art. 15 gives the right of not being discriminated on grounds of caste, religion, sex, race and place of birth, Art.16 provides the fundamental right of equality in matters of public employment, Art.17 prohibits untouchability and Art.18 abolishes conferment of titles on individuals.

Art.74 provides that the President shall act on the aid and advice of the President. The 44th Amendment Act, 1978 added a provision to the article which gives the power to the President to send the advice for reconsideration. After such reconsideration, the President is bound to act on the advice given. 42nd amendment is said to be the most controversial amendment in Indian Constitution. It was passed in 1976 during the Emergency period imposed by Indira Gandhi Govt. This amendment amended a number of articles in Constitution therefore it is also known as ‘Mini-Constitution’. Later on 44th amendment was passed by Morarji Desai Govt. to revoke some of the controversial provisions of 42nd amendment.

Art.83(2) provides that the term of the House of the People (Lok Sabha) shall be for a period of five years but during emergency, the term may be extended to a period of one year at a time. The term shall not, in any case, be extended beyond a period of six months after the proclamation of emergency ceases to operate.

Art.51 directs the State to promote international peace and security, maintain just and honorable relations between nations, foster respect for international law and encourage settlement of international disputes by arbitration.

Dr. B.R. Ambedkar called Art.32 (Right to Constitutional Remedies) as the heart and soul of the Constitution of India. Art.32 makes the enforcement of the fundamental rights possible and gives powers to the Supreme Court to issue writs for such enforcement. In the absence of Art.32, the fundamental rights would have remained dead letters. 

 The Chief Election Commissioner (CEC) and other Election Commissioners (ECs) enjoy equal powers and receive equal salaries as well. Art.324 provides that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court. The Election Commission (Condition of Service of Election Commissions and Transaction of Business) Act, 1991 provides that the salary of the Chief Election Commissioner is the same as salary of a Judge of the Supreme Court. The term of the CEC is six years or up to the age of 65 years, whichever is earlier.

Consultative Committees of Members of Parliament for various Ministries is one of the functions allocated to the Ministry of Parliamentary Affairs under the Government of India (Allocation of Business) Rules, 1961.

The Finance Commission is constituted by the President after every five years. Art. 280 specifies the matters on which the Commission has to give its recommendations. One of the matters is “the principles governing the grants-in-aid of the revenues”. Other functions of the Finance Commission include making recommendations on – (i) the distribution of the net proceeds of taxes between the Union and the States (ii) the measures needed to increase the Consolidated fund of a State to supplement the resources of the Panchayats and Municipalities in the State on the basis of recommendations of the Finance Commission of the State.

The Ninth Schedule of the Constitution lists all the Acts and regulations that, as empowered by Art.31B, would continue to remain in force and shall not be deemed to be void (something which does not have any legal or binding force) on the ground of inconsistency with any of the fundamental rights or any judgment, decree or order of any Court in this regard. It was added to the Constitution by the First Constitutional Amendment Act, 1951.

The interim government was formed in 1946 from the Constituent Assembly. It was headed by Jawaharlal Nehru. The main purpose of formation of Interim Govt. was to assist in transfer of power to India and Pakistan from British rule. It continued to work till 15th August 1947.

Art.108 empowers the President to call for a joint sitting of both the Houses of the Parliament after a Bill has been passed by one House and transmitted to the other House in three situations: (i) when the Bill is rejected by the other House or (ii) when the Houses have finally disagreed as to the amendments to be made in the Bill or (iii) when more than six months elapse from the date of reception of the Bill by the other House without the Bill being passed by it. The first joint sitting was called in 1961 in which the Dowry Prohibition Bill was passed. The second such sitting was called in 1978 for the Banking Service Commission Repeal Bill and the third time it was called in 2002 for the Prevention of Terrorism Act, 2002. There is no provision of joint sitting in case of a Constitution Amendment Bill.

 Art.123 provides for the ordinance making powers of the President when either of the two Houses of the Parliament is not in session. The ordinance has the same effect as that of a law enacted by the Parliament. These ordinances are passed by the President acting on the advice of the Council of Ministers as given in Art.74 which also empowers the President to send the advice for reconsideration but after such reconsideration the President is bound to act on it.

As per Art.80, twelve members are to be nominated by the President to the Council of States (Rajya Sabha) whereas as per Art.331, the President may nominate two members from the Anglo-Indian community to the House of the People (Lok Sabha) if he is satisfied that the adequate representation has not been given to the community. A nominated member may be appointed as a Union Minister. An individual may be appointed as a Union Minister provided he becomes a member of the Parliament within six months.(Art.75(5)) A nominated member can vote only in the elections for the office of the Vice-President.

The Parliament may, by law, enlarge the jurisdiction of the Supreme Court. Art. 138 provides that the Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as the Parliament, may by law, confer.

The Calcutta High Court, established in 1862, has the territorial jurisdiction over Andaman and Nicobar islands. The Union Territories generally do not have High Courts of their own. The exception to this is the Delhi High Court established in 1966.