Indian Polity - UPSC MCQ

Bills that have to be passed by Special Majority and also to be ratified by not less than one-half of the State Legislatures

This comprises of Constitutional Amendment Bills which seek to make any change in articles relating to:

a. The Election of the President.

b. The extent of the Executive Power of the Union and the States.

c. The Supreme Court and the High Courts.

d. Any of the Lists in the Seventh Schedule.

e. The representation of States in Parliament.

f. The provisions of Article 368 itself

Article 249 provides for Power of Parliament to Membership of Rajya Sabha is limited by the Constitution to a maximum of 250 members, and current laws have provision for 245 members. Most of the members of the House are indirectly elected by state and territorial legislatures using single transferable votes, while the President of India can appoint 12 members for their contributions to art, literature, science, and social services. Members sit for staggered six-year terms, with one third of the members retiring every two years

The primary object of an adjournment motion is to draw the attention of the House to a recent matter of urgent public importance having serious consequences and in regard to which a motion or a resolution with proper notice will be too late. The matter proposed to be raised should be of such a character that something very grave which affects the whole country and its security has happened and the House is required to pay its attention immediately by interrupting the normal business of the House

The Nehru Report of 28-30August, 1928 was a memorandum outlining a proposed new dominion status constitution for India. It was prepared by a committee of the All Parties Conference chaired by Motilal Nehru with his son Jawaharlal Nehru acting as secretary.

Explanation: Seat of Supreme Court The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint

A judge of High Court may be removed by the President if the Parliament passes a motion against him by an absolute majority and 2/3rd majority of the members present and voting, both the Houses sitting separately

The salary & allowances of the Governor charged from the Consolidation Fund of the state are not subject to the vote of the State Legislature. Parliament may be law changed the allowances of pay but the same cannot be decreased during his tenure. If any other individual acts as a Governor in his absence he also will be entitled to pay allowances and other privileges of the Governor

When a resolution for the removal of the Speaker is under consideration in the House, the Speaker:

1. Does not take part in the proceedings of the House. This means that the Speaker will not preside over the proceedings and will not participate in any debates or discussions related to the resolution.

2. Has no right to vote. As per the rules and regulations of the House, the Speaker does not have the right to vote in any matter including the resolution for his/her removal.

3. Has the right to speak in the House even though he shall not preside. Even though the Speaker will not preside over the proceedings, he/she still has the right to speak and defend himself/herself in the House during the discussion on the resolution.

The Committee on Public Undertakings is a Parliamentary Committee consisting of 22 Members—fifteen elected by the Lok Sabha and seven by the Rajya Sabha, from amongst their Members, according to the principle of proportional representation by means of a single transferable vote. The Chairman is appointed by the Speaker from amongst the Members of the Committee.The Committee on Public Undertakings is a Parliamentary Committee consisting of 22 Members—fifteen elected by the Lok Sabha and seven by the Rajya Sabha, from amongst their Members, according to the principle of proportional representation by means of a single transferable vote. The Chairman is appointed by the Speaker from amongst the Members of the Committee.

Token cut: A small cut of, say, Rs 100, meant to be a rebuke for the government

There is no procedure for the elections of Speaker, Deputy Speaker of Lok Sabha and Deputy Chairmen of Rajya Sabha. State Election Commission is responsible to conduct the elections of Panchayats and Municipalities. Election Commission of India is responsible to decide on all doubts and disputes arising out of elections for parliament and state legislature except President and Vice President.

Under Article 266 (1) of the Constitution of India, all revenues ( example tax revenue from personal income tax, corporate income tax, customs and excise duties as well as non-tax revenue such as licence fees, dividends and profits from public sector undertakings etc. ) received by the Union government as well as all loans raised by issue of treasury bills, internal and external loans and all moneys received by the Union Government in repayment of loans shall form a consolidated fund entitled the 'Consolidated Fund of India' for the Union Government

The power of judiciary to review and determine the validity of a law or an order may be described as the powers of Judicial Review’.It means that the constitution is the supreme law of the land and any law inconsistent therewith is void through judicial review.It is the power exerted by the courts of a country to examine the actions of the legislatures, executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation’s Constitution. Judicial review has two important functions, like, of legitimizing government action and the protection of constitution against any undue encroachment by the gov­ernment

Constitutionalism is "a complex of ideas, attitudes, and patterns of behaviour elaborating the principle that the authority of government derives from and is limited by a body of fundamental law

The Constitution of India has several provisions that have a bearing on Education. These include:

• Article 41 states that the State shall, within the limits of its economic capacity and development, make effective provisions for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement, and in other cases of undeserved want.
• Article 45 directs the State to provide free and compulsory education for all children until they complete the age of 14 years.

• Article 243G and 243W empower the Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) to function as units of self-government and provide them with powers and authority to perform functions related to education, such as planning and implementing educational programs and maintaining schools.

• The Seventh Schedule of the Constitution of India lists the subjects on which the Union Government, State Governments, and both can legislate. Education falls under the Concurrent List (List III), which means both the Union and State Governments can make laws concerning education.

The Fifth and Sixth Schedules of the Constitution primarily deal with the administration and control of Scheduled Areas and Scheduled Tribes, which do not have a direct bearing on Education as a subject.

Both statements 1 and 2 are correct. This can be explained in detail as follows:

• The President of India has the authority to impose reasonable restrictions on the exercise of fundamental rights, provided that these restrictions are in accordance with the Constitution.
• Article 19 of the Indian Constitution guarantees the fundamental rights to freedom of speech and expression, assembly, association, movement, residence, and profession. However, these rights are not absolute and can be subjected to certain reasonable restrictions.
• The President, acting on the advice of the Council of Ministers, can impose such restrictions in the interest of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offense.

• While the President can impose reasonable restrictions on fundamental rights, it is the Parliament that ultimately decides whether these restrictions are reasonable or not.
• Article 368 of the Indian Constitution grants the Parliament the power to amend the Constitution, including the fundamental rights.
• Therefore, any restrictions placed on the fundamental rights must be in accordance with the Constitution, and it is the Parliament's responsibility to ensure that these restrictions are reasonable and in conformity with the constitutional provisions.

In conclusion, both the President, on the advice of the Council of Ministers, and the Parliament play crucial roles in imposing and deciding the reasonableness of restrictions on the fundamental rights of Indian citizens.

Article 32 provides the right to Constitutional remedies which means that a person has right to move to Supreme Court (and high courts also) for getting his fundamental rights protected. The Writ Jurisdiction of Supreme Court is mentioned under Article 32 of the Indian Constitution. The Supreme Court can issue writ only in case of violation of any of the fundamental rights contained in Part-III of the constitution

Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting. Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.  No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

A Governor may be simultaneously assignee to more than one state. The judges of High courts of the states are appointed by the President of India

• Federal Structure: The Act proposed a federal structure for India, with a central government and provincial governments. The Indian Constitution adopted the same structure, dividing powers between the Union and the States.
• Separation of Powers: The Act established the separation of powers among the executive, judiciary, and legislature, a concept that was later incorporated into the Indian Constitution.
• Provincial Autonomy: The Government of India Act, 1935, introduced provincial autonomy, giving provinces the power to make and administer laws in certain areas. This concept was adopted in the Indian Constitution, with states being granted legislative powers over specific subjects.
• Central and Provincial Lists: The Act divided subjects into three lists – Federal, Provincial, and Concurrent – defining the jurisdiction of the central and provincial governments. The Indian Constitution also follows this scheme, with the Union List, State List, and Concurrent List.
• Emergency Provisions: The Act provided for the imposition of emergency provisions by the central government in cases of national or provincial crises. The Indian Constitution also includes emergency provisions, giving the President the power to declare a national emergency, state emergency, or financial emergency.
• Public Service Commissions: The 1935 Act established Public Service Commissions for the recruitment of civil servants, ensuring an impartial and merit-based system. The Indian Constitution also provides for the establishment of Union Public Service Commission (UPSC) and State Public Service Commissions (SPSCs) for the same purpose.

The Directive Principles of State Policy are the guidelines or principles given to the central and state governments of India, to be kept in mind while framing laws and policies.  The Directive principles are broad directives given to the state in accordance with which the legislative and executive powers of the state are to be exercised

Article 243I of the Indian Constitution prescribes that the Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats. Article 243Y of the Constitution further provides that the Finance Commission constituted under Article 243 I shall make similar recommendation vis-a-vis municipalities.

• It indicates authority of the Government is derived from the people: The Preamble starts with the words "We, the people of India...". This signifies that the ultimate authority in India lies with the people, and the government is established by the people for their welfare.
• It lays down the objectives which the Constitution seeks to accomplish: The Preamble outlines the goals that the Indian Constitution aims to achieve, such as justice, liberty, equality, and fraternity. These objectives serve as a guiding principle for the functioning of the government and its various institutions.
• It helps Judiciary to interpret provisions of the Constitution: The Preamble provides a framework for interpreting the provisions of the Constitution. In case of any ambiguity or dispute regarding the interpretation of a particular provision, the Judiciary can refer to the Preamble to understand the underlying principles and values enshrined in the Constitution.

B: To promote brotherhood and strive to be a good human being

• A: To develop scientific temper, humanism, and the spirit of inquiry and reform. This is a part of the Fundamental Duty mentioned in Article 51A(h).
• C: To respect the ideals of the Constitution and institutions established thereunder. This is mentioned in Article 51A(c).
• D: To develop spirit of enquiry. This is also a part of the Fundamental Duty mentioned in Article 51A(h), along with developing scientific temper.

Money bill can be introduced only in the lower house on the recommendation of President and can be introduced by a minister only. The Rajya Sabha can detain money Bill for a maximum period of 14 days. Money Bill cannot be returned by the President for reconsideration

Article 164(4) prescribes that  Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister. However there is no fixed term of Chief Minister as the Govt. can be dissolved at any time before the expiry of five years

• Enactment of the Government of India Act, 1909: The reforms led to the introduction of the Government of India Act, 1909, which aimed to provide for a more significant Indian representation in the governance of British India.
• Expansion of Provincial Legislative Councils: The number of members in the Provincial Legislative Councils was increased, with the majority of members being non-officials. This allowed for more Indian representation in the decision-making process.
• Introduction of Separate Electorates: The Morley-Minto Reforms introduced separate electorates for Muslims in British India, which meant that Muslim candidates would be elected by Muslim voters only. This was a significant step towards recognizing communal identities in the electoral process.
• Increased Powers for the Legislative Councils: The reforms granted the Legislative Councils the power to discuss budgets and suggest amendments, albeit with certain limitations. Additionally, they were allowed to ask questions and put supplementary questions to the government.

Under Indian law, the freedom of speech and of the press does not confer an absolute right to express one's thoughts freely. Clause (2) of Article 19 of the Indian constitution enables the legislature to impose certain restrictions on free speech under following heads:

• I. security of the State,
• II. friendly relations with foreign States,
• III. public order,
• IV. decency and morality,
• V. contempt of court,
• VI. defamation,
• VII. incitement to an offence,and

VIII. sovereignty and integrity of India

The speaker does not vacate his office on the dissolution of Lok Sabha. He continues in office until the next elected house meets