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.

The Indian Councils Act 1892 was an act of the British Parliament that increased the size of the legislative councils in India.

• The Indian National Congress (INC) was formed in 1885. There was a growing feeling of nationalism and this led the INC to put forth some demands to the British authorities.
• One of their demands was the reform of the legislative councils.
• They also wanted the principle of the election instead of nomination.
• The INC also wanted the right to hold discussions on financial matters which was hitherto not allowed.
• The Viceroy at the time Lord Dufferin set up a committee to look into the matter. But the Secretary of State did not agree to the plan of direct elections. He, however, agreed to representation by way of indirect election.
• The act increased the number of additional or non-official members in the legislative councils as follows:
  • Central Legislative Council: 10 – 16 members
  • Bengal: 20 members
  • Madras: 20 members
  • Bombay: 8 members
  • Oudh: 15 members
  • North Western Province: 15
• In 1892, out of 24 members, only 5 were Indians.
• The members were given the right to ask questions on the budget (which was barred in the Indian Councils Act 1861) or matters of public interest but had to give notice of 6 days for it.
• They could not ask supplementary questions.
• The principle of representation was initiated through this act. The district boards, universities, municipalities, chambers of commerce and zamindars were authorised to recommend members to the provincial councils.
• The legislative councils were empowered to make new laws and repeal old laws with the permission of the Governor-General.
• It was the first step towards a representative form of government in modern India although there was nothing in it for the common man.
• The number of Indians was increased and this was a positive step.
• However, since the British conceded only a little, this act led indirectly to the rise of many revolutionary movements in India. Many leaders like Bal Gangadhar Tilak blamed Congress’s moderate policy of petitions and persuasions for a lack of positive developments and called for a more aggressive policy against British rule.

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 of Tribal Areas in the states of Assam, Meghalaya, Tripura, Mizoram. It provides for the constitution of District Councils and Regional Councils. Governors of these four states are empowered to declare some tribal-dominated districts/areas of these states as autonomous districts and autonomous regions by order.

The idea of Residual Power in the Indian Constitution has been borrowed from the Constitution of Canada. According to Article 248 of the Indian Constitution, the Parliament has the exclusive power to formulate laws which are related to matters that have not been enumerated in the Concurrent List and State List.

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 : It considers applications for grants-in-aid from States..

The incorrect statement is:  It supervises and reports on whether the Union and State governments are levying taxes in accordance with the budgetary provisions.

Article 280 of the Constitution of India provides for a Finance Commission as a quasi-judicial body. It is constituted by the President of India every fifth year or at such earlier time as he considers necessary. The commission makes recommendations to the president with regard to the distribution of the proceeds of taxes between the union and the states. The principles which should govern the grants-in-aid to be given to the states. Any other matter referred to the Commission by the President in the interest of sound finance.

The function(s) of the Finance commission is/are:

To allocate between the States the shares of proceeds of taxes

To consider applications for grants-in-aid from States

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.

The Constitution of India is a federal document, which means that it divides power between the central government and the state governments. However, the Constitution also provides the central government with more powers than the state governments in certain areas, such as defense, foreign policy, and inter-state commerce. Therefore, both statements are correct.

1. The President can pardon sentences inflicted by court martial (military courts). On 3rd August 2021, the Supreme Court held that the Governor of a State can pardon prisoners, including death row ones, even before they have served a minimum of 14 years of a prison sentence.

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".

Advisory Jurisdiction & Quasi-Judicial Functions:

• Under the Constitution, the Commission has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
• The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered.
• Further, the cases of persons found guilty of corrupt practices at elections which come before the SC and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period.
• The Commission is vested with quasi-judicial power to settle disputes relating to splits/ mergers of recognised political parties.

So, option D is wrong statement about the Election Commission.

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.