Indian Polity

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In which one of the following countries, will the no-confidence motion to bring down the government passed by the legislature be valid only when the legislature is able to find simultaneously a majority to elect successor government?


As the possibility of the existing Govt. being voted out in a no-confidence motion results in political instability, two provisions were added to the 1949 Weimar Constitution of Germany. As a result, the Bundestag (German Parliament) can express its lack of confidence in the Chancellor (position comparable to the Prime Minister of India) only by electing a successor with the majority of its members.


Which one of the following was NOT proposed by the 73rd Constitutional amendment in the area of Panchayati Raj?


73rd amendment of Constitution of India (1993) empowered local governments – rural, as constitutional entities and initiated a new chapter in the process of democratic decentralization in India.
It also recommended an Election Commission to conduct elections to local bodies and a Finance Commission to ensure the rural development programmes to the PR bodies by adding Schedule VII to the Constitution.
The CAA also says that not less than one-third seats should be reserved for women, both at the membership and headship levels for women including SC and ST
According to Article 243E- The elections will be held in six months’ time if Panchayati Raj bodies are dissolved by the State Government.
It was not proposed by the 73rd Constitutional amendment in the area of Panchayati Raj elected functionaries will be disqualified to hold their offices if they have more than two children. Some states like Andhra Pradesh, Haryana, Himachal Pradesh, Madhya Pradesh, Odisha, Chhattisgarh, Maharashtra and Rajasthan have also introduced the two-child norm as eligibility criteria for contesting elections on their own. It as not proposed in the amendment.


Which one of the following States of India has passed a legislation (in 1996) making the maintenance of one's parent mandatory?


The Himachal Pradesh Maintenance of Parents and Dependants Act, 2001 has made the maintenance of one’s parents mandatory. Now, with the enactment of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Government has made the maintenance of one’s parents mandatory in the whole country.


State Funding of elections takes place in:


State funding of elections means the funds used by the political parties/candidates in elections for various purposes are provided by the Govt. In India, this has been recommended by various committees like the Indrajit Gupta Committee (1998), Law Commission report, 1999, National Commission to Review the Working of Constitution (NCRWC), 2001 and the Second Administrative Reforms Commission, 2008. While advocating state funding of elections, it is assumed that it will result in lesser use of black money in elections.


The concept of Public Interest Litigation originated in:


Public Interest Litigation means a legal action initiated by a member of the society for a public cause.

The concept originated in the United States of America and featured for the very first time in the report of Public Interest Law prepared by the Council for Public Interest Law in 1976. 

Public Interest Litigation in India was initiated by Justice V. R. Krishna Iyer and Justice P.N. Bhagwati in the 1970s and 80s when they started permitting PILs to be filed for redressal of common public problems in cases like Mumbai Kamgar Sabha vs. Abdul Thai(1976) and S.P. Gupta and Others vs. Union of India(1982).


If the Prime Minister of India belonged to the Upper House of Parliament:


Since only members of the Lower House are allowed to vote in the Lower House, the Prime Minister, in case he is a member of the Upper House, will not be able to cast his vote in any proceedings of the Lower House. Other than voting in lower house, the PM will not face any other restriction as per constitutional provisions and parliamentary procedures.


Consider the following statements:
Assertion (A): The reservation of thirty-three percent of seats for women in Parliament and State Legislature does not require Constitutional Amendment.
Reason (R): Political parties contesting elections can allocate thirty-three per cent of seats they contest to women candidates without any Constitutional Amendment. 


Q. In the context of the above two statements, which one of the following is correct?


Assertion(A) statement is false because the constitution, under Articles 80 and 81, provides for the composition of both the Houses of the Parliament. So, in order to make a reservation of thirty-three percent of seats for women in the Parliament, a constitutional amendment will have to be made to the said Articles. Reason(R) statement is correct because political parties are not constitutional bodies and thus a change in their constitution is their internal matter for which no constitutional amendment is required.


Which of the following are/is stated in the Constitution of India?
1. The President shall not be a member of either House of Parliament.
2. The Parliament shall consist of the President and two Houses.


In the Constitution of India, Article 59 provides that the President shall not be a member of either House of the Parliament whereas Article 79 provides that the Parliament shall consist of the President and the two Houses. Thus, the President is an integral part of the Parliament and the legislative process.


MatchList-I with List-II and select the correct answer using the codes given below the lists:


The Third Schedule provides the forms of Oaths and Affirmations for various offices mentioned in the Constitution of India.


In which one of the following countries are 75 percent of seats in both Houses of Parliament filled on the basis of first-past the post system and 25 per cent on the basis of Proportional Representation system of elections?


In the First-past-the-post system, the candidate who secures more votes than the other contestants in an election, wins the election whereas in the Proportional Representation (PR) system, an area of election is divided into separate electorates. All the voters and political groups are represented in proportion to their strength in the electorate, e.g. if a party wins 40% votes in a 10 member district, they receive 4 of the 10 seats. There are various types of the PR system such as Party List voting, Mixed proportional voting and Single Transferable Vote. In India, the Single Transferable Vote system is followed for the election of the President of India.


In the following quotation: "WE THE PEOPLE OF INDIA having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens JUSTICE, social, economic and political; LIBERTY of thought, expression, belief faith and worship; EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the individual and the unity and the integrity of the Nation; In our Constituent Assembly that 'X' do hereby adopt, enact and give to ourselves this Constitution",
`X' stands for:


The given quotation is the Preamble of the Constitution of India. Our Constitution was adopted on 26th November, 1949 and it came into effect on 26th January, 1950. A few articles such as Art.5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393 and 394 came into effect on 26th Nov, 1949 and the rest came into effect on 26th Jan, 1950. The date of 26th January was chosen to commemorate the Purna Swaraj declaration of independence of 1930.


Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R).
Assertion (A): Willful disobedience or non-compliance of Court orders and use of derogatory language about judicial behaviour amounts to Contempt of Court.
Reason (R): Judicial activism cannot be practised without arming the judiciary with punitive powers to punish contemptuous behaviour.

Q. In the context of the above two statements, which one of the following is correct?


Contempt of Court has been defined in section 2(b) of the Contempt of Courts Act,1971 as willful disobedience to any judgment, decree, direction, order, writ or other process of a Court or willful breach of an undertaking given to a Court.  Judicial activism refers to the role of judiciary beyond its traditional role as mere mechanical interpreter of Constitution and other laws. It believes that Judges can and should creatively interpret the Constitution considering the needs of contemporary society. e.g. Art. 21 has been given a broad interpretation by the Supreme Court many times in various cases to include right to education (which was later made a fundamental right under Art.21A), right to clean and safe environment, rights for women at workplace (Vishakha case) etc.   Present form of judicial activism started in the 1980s when Justice P. N. Bhagwati turned a postcard written to him by an aggrieved citizen into a PIL (Public Interest Litigation). The concept further grew under the leadership of Justice V. R. Krishna Iyer and Justice P. N. Bhagwati.


The Dinesh Goswami Committee recommended:


Dinesh Goswami Committee was set up in 1990 for giving recommendations for electoral reforms. The Committee, among other recommendations, emphasized on State assistance (Govt. funding) in elections. The Committee recommended that State assistance should only be in kind and not in cash, e.g. provision of prescribed quantity of fuel or petrol to vehicles used by candidates, supply of additional copies of electoral rolls etc. Other committees set up for electoral reforms are –
1. Jaya Prakash Narayan Committee (1974)
2. Jeevan Reddy Committee (1998)
3. Tarkunde Committee (1975)
4. Indrajit Gupta Committee (1998) 


Which one of the following is NOT a principle of "Panchsheel"?


“Panchsheel” or a set of five principles of coexistence, is the preamble to the Agreement on Trade and Intercourse between the Tibet region of China and India signed on April 29,1954. The five principles are –
i. Mutual respect for each other’s territorial integrity and sovereignty,
ii. Mutual non-aggression,
iii. Mutual non-interference,
iv. Equality and mutual benefit, and
v. Peaceful co-existence Non-alignment does not feature among these five principles.


Which one of the following schedules of the Constitution of India contains provisions regarding anti-defection Act?


The Tenth Schedule of the Constitution contains the provisions related to disqualification of Members of Parliament on the grounds of defection. It was added by the 52nd amendment to the Constitution in 1985. The purpose of the Anti-defection Act is to prevent horsetrading of elected representatives.   


The Indian parliamentary system is different from the British parliamentary system in that India has


There is no written Constitution in Britain. There is absolute supremacy of the Parliament. In the absence of a written Constitution, no power of judicial review is bestowed upon the Courts of Britain whereas in India, the Constitution of India specifically provides for judicial review by way of Articles 131 to 136.


The Constitution of India recognizes:


The Constitution of India recognizes religious and linguistic minorities in the following provisions-  
(i) Art. 25 provides for the fundamental right to freedom of religion
(ii) Art. 29 recognizes the right of linguistic minorities to preserve their culture, language and script
(iii) Art. 30 recognizes the right of religious and linguistic minorities to establish and administer educational institutions
(iv) Art. 347 gives the President the power to declare a language used by a substantial population of the State, to make it the official language of that State.


Consider the following statements:

An amendment to the Constitution of India can be initiated by the:

1. Lok Sabha

2. Rajya Sabha

3. State Legislatures

4. President

Which of the above statements is/are correct?


A constitutional amendment can be initiated by the introduction of a Bill in either House of the Parliament as per Art.368. The Bill further needs to be passed in both the Houses by a majority of not less than two-thirds of the members of each House, present and voting.


British citizen staying in India cannot claim Right to:


Article 19 provides Freedom of trade and profession to all Indian citizens, not to foreign nationals. Quoting Article 19 as follows: Article 19. Protection of certain rights regarding freedom of speech etc (1) All citizens shall have the right: (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) omitted (g) to practice any profession, or to carry on any occupation, trade or business.


Consider the following statements regarding the National Human Rights Commission of India:
1. Its Chairman must be a retired Chief Justice of India.
2. It has formations in each state as State Human Rights Commission.
3. Its powers are only recommendatory in nature.
4. It is mandatory to appoint a woman as a member of the Commission.

Q. Which of the above statements are correct?


Solution : 
National Human Rights Commission is a statutory body set up in 1993 under the Protection of Human Rights Act,1993 to inquire into matters of violations of human rights, visit jails etc. for studying the living conditions of the inmates, promote research, recommend measures to improve the state of human rights followed. The Act provides that the Chairman of the Commission must be a retired Chief Justice of India and as mentioned above, it can only recommend measures to improve. Its orders do not have the force of law. 

The correct option is D.

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