Test: Polity- 2 - UPSC MCQ

On December 13, 1946, Jawahar Lal Nehru moved the ‘Objective Resolution’ in the Constituent Assembly which was unanimously adopted by the assembly on January 22, 1947. The important provisions of the Resolution were:

• This Constituent Assembly declares it's firm and solemn resolve to proclaim India as the Independent Sovereign Republic and to draw up for her future governance a Constitution.
• Wherein the territories comprising present times British India, the territories that now form the Indian State and such other parts of India as are outside India and the States as well as other territories as are willing to be constituted into independent sovereign India, shall be a Union of them all
• Wherein the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain with the residuary powers and exercise all powers and functions of the Government and administration implied in the Union or resulting there from
• Wherein all power and authority of Sovereign Independent India, its constituent parts and organs of Government are derived from the people
• Wherein shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to the law and public morality
• Wherein adequate safeguards shall be provided for minorities, backward and tribal areas and depressed and other backward classes
• Whereby shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea and air according to justice and the law of civilized nations
• This ancient land attains its rightful and honoured place in the world and makes its full and willing contribution to the promotion of world peace and the welfare of mankind.

Financial Emergency

• The Constitution of India talks about three types of emergencies; National Emergency in Article 352, President’s Rule in State is mentioned under article 356 and Financial Emergency in Article 360 of the Indian Constitution.
• Part XVIII of the Constitution of India contains emergency provisions from Articles 352 to 360.
• If the President of India is satisfi ed that a situation has arisen due to which the fi nancial stability or credit of India or any part of its territory is threatened.
• He/she can declare the Financial Emergency on the aid and advise of the Council of Ministers.
• Article 360 gives authority to the President of India to declare a fi nancial emergency.
• But keep in mind that the 44th Constitutional Amendment Act of 1978 says that the President’s ‘satisfaction’ is not beyond judicial review. It means the Supreme Court can review the declaration of Financial Emergency.

Parliamentary Approval and Duration of the Financial Emergency

• A proclamation of fi nancial emergency must be approved by both the Houses of Parliament within two months from the date of its issue.
• Once approved by both the Houses of Parliament, the Financial Emergency continues indefi nitely till it is revoked. This implies two things:
• Repeated Parliamentary approval is not required for its continuation.
• There is no maximum time limit prescribed for the operation of fi nancial emergency
• Resolution approving the proclamation of fi nancial emergency can be passed by either House of Parliament (Lok Sabha or Rajya Sabha) only by a simple majority.

Statement 1 is incorrect:  Governing Council of NITI Aayog consists of the Chief Ministers of all the States and Lt. Governors of Union Territories in India.

• Regional Councils will be created to address particular issues and possibilities affecting more than one state. These will be formed for a fi xed term. It will be summoned by the Prime Minister.
• It will consist of the Chief Ministers of States and Lt. Governors of Union Territories. These will be chaired by the Chairperson of the NITI Aayog or his nominee.

Statement 2 is correct: NITI Aayog replaced the Planning Commission of India. It is basically a think-tank or an advisory body. The Planning Commission designed Five Years Plans in India.

Statement 3 is incorrect: The full-time organizational framework will include, in addition to the Prime Minister as the Chairperson: Vice-Chairperson (appointed by the Prime Minister)

NITI Aayog

• The NITI Aayog was formed on January 1, 2015. In Sanskrit, the word “NITI” means morality, behaviour, guidance, etc. But, in the present context, it means policy and the NITI stands for “National Institution for Transforming India”.
• The NITI Aayog is based on the 7 pillars of effective Governance. They are:
• Pro-people: it fulfil s the aspirations of society as well as individuals Pro-activity: in anticipation of and response to citizen needs Participation: involvement of the citizenry Empowering: Empowering, especially women in all aspects
• Inclusion of all: inclusion of all people irrespective of caste, creed, and gender
• Equality: Providing equal opportunity to all especially for youth Transparency: Making the government visible and responsive

• Statement 1 is correct: The National Human Rights Commission, India has been set up by an Act of Parliament under the Protection of Human Rights Act, 1993 for the protection and promotion of human rights.
• The functions of the Commission as stated in Section 12 of the Act and apart from enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a public servant, the Commission also studies treaties and international instruments on human rights and make recommendations for their effective implementation to the Government.
• Statement 2 is correct: The Commission is responsible for spreading of human rights awareness amongst the masses and encouraging the efforts of all stake holders in the field of human rights literacy not only at the national level but at international level too. 
• NHRC is a unique institution because it is one of the few National Human Rights Institutes (NHRIs) in the world whose Chairperson is the former Chief Justice of the country.
  Notes:

National Human Rights Commission (NHRC)

• The NHRC, India plays an active role in coordinating with other NHRIs of the world to enhance awareness from the perspective of human rights. It has also hosted delegations from UN Bodies and other National Human Rights Commissions as well as members of civil society, lawyers and political and social activists from many countries.
• The National Human Rights Commission (NHRC) of India was established on 12 October, 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
• It is in conformity with the Paris Principles, adopted at the fi rst international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations 48/134 of 20 December, 1993.
• Section 2(1) (d) of the PHR Act defi nes Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

• Statement I: "The State Information Commission conducts investigations and renders judgments on appeal."- Correct.
  The State Information Commission is tasked with adjudicating complaints and appeals under the Right to Information Act, 2005, and can conduct investigations related to information requests.

• Statement II: "State Information Commission is a statutory body." Correct.
  The State Information Commission is indeed a statutory body established under the Right to Information Act, 2005.

However, Statement II does not serve as an explanation for Statement I in a direct sense. The fact that the State Information Commission is a statutory body doesn't directly explain why it conducts investigations and renders judgments on appeals rather, its powers and functions are derived from the RTI Act itself.
Therefore,Correct Answer- Option C

Statement 1 is incorrect: It is empowered to inquire into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants.

Statement 2 is incorrect: The IEMs will examine all complaints received by them and give their recommendations to the chief executive of the organisation. In case of suspicion of serious irregularities requiring legal or administrative action, they are supposed to send a report to the Chief Vigilance Offi cers (CVOs), the rules state.
Supplementary Notes: Central Vigilance commission (CVC)

• The Special Police Establishment (SPE) which was set up in 1941 by the Government of India.
• The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Department of India during World War II.
• Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt.
• The Delhi Special Police Establishment Act was therefore brought into force in 1946.
• After promulgation of the Act, superintendence of SPE was transferred to the Home Department and its functions were enlarged to cover all departments of the Government of India.
• The jurisdiction of SPE was extended to all the Union territories and the Act provided for its extension to States with the consent of the State Government.
• By 1963, the SPE was authorized to investigate offences under 91 different sections of Indian Penal Code (IPC) and 16 other Central Acts besides offences under the Prevention of Corruption Act 1947.

44th Amendment Act

• The 42nd Amendment Act, passed in 1976, overrode the will of the Indian people by amending the constitution.
• Article 352 was used by Union Government to declare the Emergency.
• Fortunately, the 1978 Constitution Act set out to correct these flaws and reestablish harmony between government and people. This article goes into great detail on India’s 44th Constitutional Amendment.
• In both cases, the government proclaims a state of emergency, and the two occurrences are almost similar.
• A two-thirds majority is needed to pass the 44th Amendment of 1978. To make a proclamation lawfully, two-thirds of the House and Senate must support it.
• It would have expired after two months had no action been taken if neither chamber had approved. Before the 44th Amendment was signed into law, it was little over a month.
• After the emergency declaration was accepted by both houses of parliament in 1975, no further review of it was necessary.
• The 44th Amendment Act of 1978 required a six-month review of the emergency declaration and, without new parliamentary assent, its termination after that period.
• One hundred percent of Lok Sabha members might summon a conference to debate repealing the proclamation.
• It must be made within 14 days. An easy majority vote at the special meeting will put an end to the crisis.
• In most cases, a state of emergency lasts a year. The 44th Amendment to the U.S. Constitution, passed in 1978, safeguards this freedom.
• After the 44th Amendment Act was signed into law in 1978, writs of habeas corpus may be fi led with the Supreme Court and the High Courts. Constitutional Amendment 352 (38th Amendment) rendered this unjusticiable.
• As of today, anybody may challenge any declaration of emergency in court based on the government’s bad intentions, thanks to the removal of Clause 5. The National Emergency does not stop the enforcement of Articles 20 and 21 rights.

• Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I: To ensure the survival and effectiveness of democracy, it is imperative to elect the most competent individuals as people's representatives for the efficient governance of the nation. This goal can be best accomplished by promoting candidates with strong moral and ethical values, who secure electoral victories through a positive mandate.
• In a dynamic democracy, voters should have the option to exercise the “None of the Above" (NOTA) button, compelling political parties to field candidates of high calibre. The demand for negative voting underscores the urgent necessity for this democratic reform.
• Democracy thrives on the principle of choice, allowing citizens to express themselves freely and without unnecessary restrictions.
• Introducing the “None of the Above” (NOTA) button on Electronic Voting Machines (EVMs) enhances political imrticipation and empowers voters in the current democratic sel up.
• It is firmly believed that implementing the right to cast a negative vote during active election campaigns will bolster the integrity of the electoral process and fulfil the objective of encouraging widespread public participation.

Constitutional/Legal Provisions: Political Parties’ Rights and Liabilities

• Political parties in India enjoy specific constitutional and legal rights and responsibilities, as outlined below:
• Registration with ECI (Election Commission of India): Pobtical parties are mandated to be registered with the ECI as per Section 29A of the Representation of the People Act, 1951 — a Central Legislation. This registration grants them recognition and official status as pobtical entities.
• Disclosure of Election Expenses: To ensure transparency and accountabihty, the ECI requires political parties to provide details of expenses incurr e d during election s. This financial disclosure is essential for maintaining the integrity of the electoral process.
• Intimation of Contributions: Political pari ies are obhgated to inform the ECI of contributions valued at Rs. 20,000/-and above, as per section 29C of the Representation of the People Act. This provision ensures that significant contributions are made pubhc to prevent undue influence on pohtical parties.
• ECI’s Authority: The Election Commission of Incha is vested with the superintendence, direction, and control of elections under Article 324 of the Constitution. It plays a crucial role in overseeing and regulating the conduct of elections. Additionally, the ECI has the power to suspend or withdraw recognition of a pohtical party in certain circumstances.
• Tenth Schedule and Disqualification: Under the Tenth Schedule of the Inchan Constitution, political parties hold the authority to recommend the disqualification ofMembersoftheHouse(bothParhamentand State Legislatures) in sped fie contingencies. This schedule addresses issues related to defection and helps maintain the stahihty of the pohtical system.
• These constitutional and legal provisions collectively shape the functioning of political parties in Incha and contribute to the democratic and transparent nature of the electoral process.

They file details of donations of less than Rs 20,000 but not more than it received by them annually to the Election Commission of India.

• This statement is incorrect. Political parties are required to disclose details of donations above Rs 20,000 to the Election Commission of India. They do not need to provide detailed information about donations below Rs 20,000.

In their Income Tax Returns, the Parties divulge many details of the sources of incomes.

• This statement is correct to some extent. Political parties do provide some details of their income sources in their Income Tax Returns, but this information is often limited and not very comprehensive, especially regarding the identities of donors for amounts below the disclosure threshold.

Political Parties put out only very limited information regarding their internal functioning.

• This statement is correct. Political parties generally do not disclose detailed information about their internal functioning, including their decision-making processes, funding sources, and expenditures, which limits transparency and accountability.

Hence, Two statements are correct.

The Vohra Committee Report on Criminahsation of Pohtics was constituted to identify the extent of the politician- criminal nexus and recommend ways in which the menace can be combated.

• The N.N. Vohra Committee, set up after the 1993 blasts, studied the problem of criminahsation of politics.
• The report said that the blast was a result of the nexus among criminal gangs, police, politicians and bureaucrats

Criteria for State Party Status - A party will be recognized as a state party, if

• at least 6% vote-share in the last Assembly election and have at least 2 MLAs: or have 6% vote-share in the last Lok Sabha elections from that state and at least one MP from that state: or
• at least 3% of the total number of seats or three seats, whichever is more, in the last Assembly elections: or
• at least one MP for every 25 members or any fraction allotted to the state in the Lok Sabha: or
• Have at least 8% of the total valid votes in the last Assembly election or Lok Sabha election from the state.
• Criteria for National Party Status -A party will be considered as a national party,
• If it is ‘recognised’ in four or more states; or
• If its canchdates polled at least 6% of total vahcl votes in any four or more states in the last Lok Sabha or Assembly elections and has at least four MPs in the last Lok Sabha polls; or
• If it has won at least 2% of the total seats in the Lok Sabha from not less than three states.
• Changes in Party Recognition: The Aam Aadmi Party (AAP) received national party status ahead of the Karnataka Assembly elections. On the other hand, the Trinamool Congress (TMC), the Communist Party of Incha (CPI), and the Nationalist Congress Party (NCP) lost their national party status. The NCP also lost recognition in three states, retaining state party Status only in Maharashtra and Nagaland.
• Benefits of Party Recognition: A recognized political party enjoys several privileges, incluchng a reserved party symbol, free broadcast time on State-run television and radio, consultation in setting election dates, and provichng input in electoral rules and regulations.
• On the contrary, parties not recognized are allotted election symbols by Returning Officers after the last date for withdrawal of candidature, limiting their usage to specific constituencies.

• Statement 1 Is correct: The constitution was indeed amended to prevent elected MLAs and MPs from changing parties. The Anti-Defection Law, which is incorporated in the Tenth Schedule of the Constitution, disqualifies elected representatives if they voluntarily give up the membership of their political party or violate party whips in the legislature.
• Statement 2 is incorrect: Changing party allegiance individually from the party on which a person got elected to a different party is restricted by law, as mentioned in Statement I. Such actions can lead to disqualification under the Anti-Defection Law.
• The constitution was amended to prevent elected MLAs and MPs from changing parties. This was done because many elected representatives were indulging in defection in order to become ministers for cash rewards. Changing party allegiance from the party on which a person got elected to a different party is known as defection and it is restricted by law.

• Statement 1 Is incorrect: A nominated member of a House will be disqualified from their membership if they choose to join any political party after six months from the date, they assumed their seat in the House. However, they are allowed to join any political party within the initial six months without facing disqualification.
• Statement 2 is correct: An independent member of a House, who was elected without any backing from a pohtical party, loses their membership if they decide to join any political party following their election.

• Pressure groups, also known as interest groups or advocacy groups, are organized associations of individuals or organizations that aim to influence government policies, decisions, and actions on specific issues.
• They do not seek to directly participate in the government through elections but instead exert influence through various means, such as lobbying, public demonstrations, and media campaign.!. Pressure groups do not always operate within the legal framework.

Challenges Faced by Pressure Groups:

• Limited Resources: Pressure groups, especially smaller ones, may face financial and organizational constraints, making it difficult to compete with well-funded and established entities.
• Unequal Influence: Larger and more influential pressure groups might dominate the policy-making process, overshadowing the interests of smaller groups or marginalized sections of society.
• Elitism and Inequality: Pressure groups representing wealthy or privdeged interests may exert more influence, potentially leading to policies that favor the affluent over the general public.
• Access to Decision-Makers: Gaining access to policymakers can he challenging. particularly for less influential pressure groups, limiting their ability to present their concerns effectivel
• Co-optation: Pressure groups may face the risk of being co-opted or absorbed by the government, leading to compromises in their original objectives.
• Public Perception: Some pressure groups may be perceived negatively if their methods are seen as disruptive or if their interests clash with popular opinion
• Policy Fragmentation: The presence of numerous pressure groups with differing agendas can lead to policy fragmentation and gridlock in decision-making.
• Ethical Concerns: In some cases, pressure groups may resort to unethical practices or engage in corrupt activities to achieve their goals.
• Despite these challenges, pressure groups play a crucial role in democratic societies by providing citizens with opportunities to participate in the political process and ensuring that a wide range of voices and interests are heard in policymaking.

Characteristics of Pressure Groups

• Common Interest: Pressure groups are formed around common interests, goals, or causes, represent i ng a specific section of society, industry, or issue.
• Voluntary Membership: Membership in pressure groups is voluntary, and individuals or organizations join based on their alignment with the group's objectives.
• Narrow Focus: Pressure groups typically concentrate on specific policy areas or issues rather than pursuing a broad political agenda.
• Influence Strategies: They use various strategies to influence policy makers, such as lobbying government officials, organizing protests, mobilizing public opinion, and engaging in legal action.
• Expertise and Research: Pressure groups often possess specialized knowledge and research on their focus areas, making them valuable sources of information for policymakers.
• Pluralism: Pressure groups are a manifestation of the pluralistic nature of democratic societies, representing diverse interests and ensuring a balance of power.
• Non-Partisan: Although pressure groups have specific objectives, they are not affiliated with pohtical parties and work independently of them.

• Both of the given statements are correct regarding Article 27 of the Indian Constitution.
• Article 27 of the Constitution of India states that no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
• Thus, the second statement is correct. Additionally, Article 27 also prohibits the State from favoring any particular religion or religious denomination by law or by financial aid, making the first statement also correct.

The President is the head of the State and his power extends both to the administration by the Centre as well as to the states. Consequently, it is necessary that in his election, not only members of Parliament should play their part, but the members of the state legislatures should have a voice. But, when we come to the Vice-President, his normal functions are to preside over the council of states. It is only on a rare occasion, and that too for a temporary period, that he may be called upon to assume the duties of the president. That being so, it does not seem necessary that the members of the state legislatures should also be invited to take part in the election of the Vice-President.

The advice of the Supreme Court of India is not binding on the President under Article 143 of the Constitution of India. This article gives the Supreme Court advisory jurisdiction to provide opinions on matters of public importance or certain laws that are relevant to the constitution.  Statement 1 is correct.

The Supreme Court may tender or may refuse to tender its opinion to the president. Hence, statement 2 is correct. But, in the second case, the Supreme Court 'must' tender its opinion to the President.

• Article 13 declares that all inconsistent laws with or derogation of any of the fundamental rights shall be void. In other words, it expressly provides for the doctrine of judicial review.
• This power has been conferred on the Supreme Court (Article 32) and the High Courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.

• The Constitution of India has borrowed most of its provisions from the constitutions of various other countries as well as from the Government of India Act of 1935. Dr B R Ambedkar proudly acclaimed that the Constitution of India has been framed after ‘ransacking all the known Constitutions of the World’.
• The structural part of the Constitution is, to a large extent, derived from the Government of India Act of 1935. The philosophical part of the Constitution (the Fundamental Rights and the Directive Principles of State Policy) derive their inspiration from the American and Irish Constitutions respectively. The political part of the Constitution (the principle of Cabinet Government and the relations between the executive and the legislature) have been largely drawn from the British Constitution.
• The other provisions of the Constitution have been drawn from the constitutions of Canada, Australia, Germany, USSR (now Russia), France, South Africa, Japan, and so on.
• However, the criticism that the Indian Constitution is a ‘borrowed Constitution’, a ‘patchwork’ and contains nothing new and original is unfair and illogical. This is because, the framers of the Constitution made necessary modifications in the features borrowed from other constitutions for their suitability to the Indian conditions, at the same time avoiding their faults.

Schedule 4 deals with the allocation of seats in the Rajya Sabha to the states and the union territories. It covers articles 4 and 80. Hence pair 1 is correctly matched.

• Schedule 5 deals with provisions relating to the administration and control of scheduled areas and scheduled tribes.
• Schedule 6 deals with provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram. Hence pair 2 is not correctly matched.
• 10^th Schedule deals with the provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection. This schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law. Hence pair 3 is correctly matched.

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.

The fundamental principle underlying the working of the parliamentary system of government is the principle of collective responsibility. Article 164 clearly states that the council of ministers is collectively responsible to the legislative assembly of the state. This means that all the ministers own joint responsibility to the legislative assembly for all their acts of omission and commission.

Attorney General of India:

• The Attorney General for India is the central government’s chief legal advisor.
• He is the primary lawyer of the Central Government in the Supreme Court of India.
• He is a part of the Union Executive. 
• He is appointed by the President of India under Article 76(1) of the Constitution. Hence, Statement 1 is correct.
• He holds office during the pleasure of the President.
• Eligibility
  • He must be an Indian Citizen
  • He must be a person qualified to be appointed as a Judge of the Supreme Court. Hence, Statement 2 is correct.
  • He must have either completed 5 years in the Court of any Indian state as a judge or 10 years in High Court as an advocate.
  • He may be an eminent jurist too, in the eye of the President.
• Powers and Functions:
  • Advising the Government of India in legal matters.
  • He also performs other legal duties assigned to him by the President.
  • He has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, Without voting. Hence, Statement 3 is correct.
  • He appears on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned.
  • The Attorney General is assisted by two Solicitor General and four Additional Solicitor Generals.

Article 371-C makes the following special provisions for Manipur: 

1. The President is authorized to provide for the creation of a committee of the Manipur Legislative Assembly consisting of the members elected from the Hill Areas of the state 
2. The President can also direct that the Governor shall have a special responsibility to secure the proper functioning of that committee. 
3. The Governor should submit an annual report to the President regarding the administration of the Hill Areas. 
4. The Central Government can give directions to the State Government as to the administration of the Hill Areas
    

• Doctrine of Basic Structure is based on judicial innovation. So, Statement 2 could be eliminated. Eminent Domain is power of the sovereign to acquire property of an individual for public use without the necessity of his consent. This power is based on sovereignty of the State.
• Payment of just compensation to the owner of the land which is acquired is part of exercise of this power. Eminent domain power is regarded as an inherent power of the State to take private property for public purpose. The Constitution of India also recognizes the power of eminent domain.
• Acquisition or taking possession of private property which is implied in clause (1) of Article 31a of Indian Constitution, such taking must be for public purpose.
• The other condition is that no property can be taken, unless the law authorizes such appropriation contains a provision for payment of compensation in the manner as laid down in the clause. Article 300-A reads as, “No person shall be deprived of his property save by authority of law”.
• The current status is that, the State can acquire any private property for public purposes only by the authority of law (300-A) and also while doing so just compensation has to be paid (31a) and therefore Eminent domain is implicit in the Indian constitution through the above articles. So, Statement 1 is correct.
• The Doctrine of Basic Structure is neither explicitly nor implicitly stated in the Constitution of India but derived as Judicial innovation by the Supreme Court in the Kesavananda Bharati case (1973), which tells that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure of the Constitution. So, Statement 2 is not correct.
• The Doctrine of Eclipse states that any law which is inconsistent with fundamental rights is not invalid as such. It is not totally dead but overshadowed by the fundamental right. It is implicitly contended in Article 13(1) of the Indian Constitution which states that any law which was made before the commencement of the constitution must be consistent with part III of the Indian Constitution. If any statute is inconsistent with the provisions provided under part III of the Indian constitution such statute shall become void. At the same time, such a statute shall not be treated as dead but will be in moribund condition until and unless it is abolished by the Parliament. Through Article 13, Doctrine of Eclipse is thus implicit in Indian Constitution. So, Statement 3 is correct.

• The Act marked a second milestone towards a completely responsible government in India. It was a lengthy and detailed document having 321 Sections and 10 Schedules.
• The features of this Act were as follows:
  • It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three lists–Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items). Hence statement 1 is correct.
    • Residuary powers were given to the Viceroy. However, the federation never came into being as the princely states did not join it.
  • It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres.
    • Moreover, the Act introduced responsible Governments in provinces, that is, the Governor was required to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939.
  • It provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects were divided into reserved subjects and transferred subjects. However, this provision of the Act did not come into operation at all.
  • It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (upper house) and a legislative assembly (lower house). However, many restrictions were placed on them. Hence statement 2 is not correct.
  • It further extended the principle of communal representation by providing separate electorates for depressed classes (Scheduled Castes), women and labour (workers).
  • It abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors.
  • It extended franchise. About 10 per cent of the total population got the voting right.
  • It provided for the establishment of a Reserve Bank of India to control the currency and credit of the
  • country.
  • It provided for the establishment of not only a Federal Public Service Commission, but also a
  • Provincial Public Service Commission and Joint Public Service Commission for two or more provinces.
  • It provided for the establishment of a Federal Court, which was set up in 1937.

• According to Article 12 of the Indian Constitution, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India. It also includes all agencies of the government, private bodies, or agencies working as an instrument of the State. But BCCI does not have such characteristics.
• BCCI was formed in December 1928 as a society, registered under the Tamil Nadu Societies
• Registration Act. It is not considered as a ‘State’ under Article 12 as it is not created by the law of parliament. It is an autonomous body and doesn’t fall under the preview of the National Sports
• Federation of India. Neither the government have any share capital in BCCI nor does the BCCI receive any financial support from the government. So, it is not considered as a ‘State’ under Article 12 of the Constitution of India. So, Statements 1 and 2 are correct.

In 1973, the Supreme Court ruled in Kesavananda Bharati case that there is a basic structure of the Constitution and nobody—not even the Parliament (through amendment)—can violate the basic structure. The Court did two more things. First, it said that right to property (the disputed issue) was not part of basic structure and therefore could be suitably abridged. Secondly, the Court reserved to itself the right to decide whether various matters are part of the basic structure of the Constitution. This case is perhaps the best example of how judiciary uses its power to interpret the Constitution.