Indian Constitution - Practice Test (1)

Article 3: Formation of new States and alteration of areas, boundaries or names of existing States.-Parliament may by law-

(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State;

(b) increase the area of any State;

(c) diminish the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State.

Indian Councils Act of 1909, also called Morley-Minto Reforms, series of reform measures enacted in 1909 by the British Parliament, the main component of which directly introduced the elective principle to membership in the imperial and local legislative councils in India.

Borrowed features from different countries

Canadian constitution

• A quasi-federal form of government —a federal system with a strong central government

• Distribution of powers between the central government and state governments

• Residual powers retained by the central government

Constitution of the United States

• Preamble; Fundamental Rights; Federal structure of government; Electoral College; Independence of the judiciary and separation of powers among the three branches of the government; Judicial review; President as Supreme Commander of Armed Forces

• Equal protection under the law

Irish constitution (Ireland)

• Directive Principles of State Policy; Nomination of members to Rajya Sabha; Method of Election of President

Australian constitution

• Freedom of trade and commerce within the country and between the states

• Power of the national legislature to make laws for implementing treaties, even on matters outside normal Federal jurisdiction

• Concurrent List

The Sixth Schedule deals with the administration and control of the tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.

Concept of “Republic” and the Ideals of Liberty, Equality and Fraternity (contained in the Preamble) was adopted from France.
The provisions of a Federation with a strong centre, Residuary powers of the Centre, appointment of State governors by the Centre and the advisory jurisdiction of the Supreme Court, have all been borrowed from the Canadian constitution.

Article 15: A fundamental right in the Indian constitution prohibits the discrimination by the state against any citizen on grounds only of caste, religion, sex, race and place of birth. The use of world only means that discrimination on other grounds is not prohibited.

A Constitution Amendment Bill under article 368 can be introduced in either House of Parliament and has to be passed by each House by special majority.

The institutions of Speaker and Deputy Speaker originated in India in 1921  under  the  provisions  of  the  Government  of  India  Act  of  1919  (Montague–Chelmsford  Reforms).  At  that  time,  the  Speaker  and  the  Deputy  Speaker  were  called  the President  and  Deputy  President  respectively  and  the  same  nomenclature  continued  till  1947.

A provision has been made in the Constitution empowering the Lok Sabha to make any grant in advance through a vote on account to enable the Government to carry on until the voting of demands for grants and the passing of the Appropriation Bill and Finance Bill.

Normally, the vote on account is taken for two months for a sum equivalent to one sixth of the estimated expenditure for the entire year under various demands for grants. Vote on account is passed by Lok Sabha after the general discussion on the Budget is over and before the discussion on demands for grants is taken up.

The Government of India Act 1858, marked the beginning of new chapter in the constitutional history of India. The Act known as the Act for the Good Government of India, provided for liquidation of East India Company, and transferred the powers of government, territories and revenues to the British Crown.

Lord Minto 
Act of 1909 introduced a system of communal representation for Muslims by accepting the concept of separate electorate. Under this the Muslim members were to be elected only by Muslim voters. Thus the act legalised communalism and Lord Minto came to be known as Father of communal Electorate. 

Constitution (42nd) Amendment added a new part XIVA to the Constitution for Tribunals: Administrative Tribunals (Art 323A) and Tribunals for other purpose (Art 323B).

• The Preamble was added to the Constitution after the rest of the Constitution was already enacted. The Supreme Court in the Berubari Union case (1960) held that the Preamble is not a part of the Constitution. However, it recognised that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.
• In Kesavanand Bharti case (1973), the Supreme Court overturned its earlier decision and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Constitution. Again, in LIC of India case, the Supreme Court held that the Preamble is a part of the Constitution.
• Thus, the Preamble to the Constitution of free India remains a beautifully worded prologue. It contains the basic ideals, objectives, and philosophical postulates the Constitution of India stands for. They provide justifications for constitutional provisions.

• The Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent. In other words, the Parliament can redraw the political map of India according to its will.
• Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution. Therefore, India is rightly described as ‘an indestructible union of destructible states’. The Union government can destroy the states whereas the state governments cannot destroy the Union.
• In USA, on the other hand, the territorial integrity or continued existence of a state is guaranteed by the Constitution. The American Federal government cannot form new states or alter the borders of existing states without the consent of the states concerned. That is why the USA is described as ‘an indestructible union of indestructible states.’

Correct Answer :- a

Explanation : The correct statement is :

a) As per the recommendations of the 14th Finance Commission, grants-in-aid constitute 12% of the central transfers to states. The 14th Finance Commission had recommended grants to states for three purposes: (i) disaster relief, (ii) local bodies, and (iii) revenue deficit.

b) One might argue that if the division of net proceeds of taxes is as per the principle devised by the FC formula, it would ensure transparency. But Finance Commission’s   recommendations are not binding on the government. Hence the word “ensure” is improper.  Also, as per UPSC 2011 key, this statement is INCORRECT.

Fundamental Rights guaranteed by the Constitution are not absolute and certain restrictions can be imposed by the state according to the procedure established by law. However, these restrictions must be reasonable and not arbitrary. The reasonableness of the restrictions is decided by courts.

• Quasi-federalism means an intermediate form of state between a unitary state and a federation. It combines the features of a federal government and the features of a unitary government. India is regarded as a semi-federal state or a quasi-federal state as described by Prof. K.C. Wheare. The Supreme Court of India also describes it as a federal structure with a strong bias towards the Centre.
•  
• The Indian Constitution gives federal structure to the nation by specifying the distribution of powers between the central government and the states. Some examples of federal state are the United States, Canada, Brazil, Germany, etc.

1. The President can pardon sentences inflicted by court martial (military courts) while the governor cannot.

2. The President can pardon death sentence while governor cannot. Even if a state law prescribes death sentence, the power to grant pardon lies with the President and not the governor. However, the governor can suspend, remit or commute a death sentence.

The Commission consists of a chairman and other members appointed by The President of India. Usually, the Commission consists of 9 to 11 members including the chairman. Every member holds office for a term of six years or until he attains the age of sixty-five years.

A Joint State Public Service Commission (JSPSC) can be created by an act of the Parliament on the request of the Legislature of the State concerned.

The Supreme Court in the Berubari Union case (1960) held that the Preamble is not a part of the Constitution.

Article 356 state that the president can invoke president rule in a state on the report of the governor if the state machinery/legislature fails to abide by constitutional norms.

The 42nd Amendment (enacted during the emergency by Indian National Congress) changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist secular democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation".

The Public Accounts Committee has 22 members of which 15 are from Lok Sabha while 7 from Rajya Sabha. The members are “elected” by members of Parliament amongst themselves via a system of proportional representation by means of single transferable vote; so that all parties get due representation in it.