Which of the following federal principles are not found in Indian federation?
1. Bifurcation of the judiciary between the Federal and State Governments
2. Equality of representation of the states in the upper house of the Federal Legislature
3. The Union cannot be destroyed by any state seceding from the Union at its will
4. Federal Government can redraw the map of the Indian Union by forming new States
Select the correct answer using the codes given below:
The constitutional law consists both of legal in the strict sense and of usages, commonly called as conventions, which without being enacted are accepted as binding by all who are concerned in government.
Many rules and practices are not part of the law in the sense that their violation may lead to proceeding in a court of law. Indian Constitution is said to be a federal structure only because it is said that it has clear demarcation of boundaries between the central & the state government similar to that of the U.S. India having legislative and executive authority divided between the centre and the state. Chief essentials for a constitution to be federal are:
1. Dispersion of powers between the center and the united states forming federation among a number of coordinate bodies, controlled by constitution.
2. Rigidity – neither the center nor the state has power to amend the provision of constitution relating separation of powers.
3. A written constitution
4. Domination of the constitution – neither the center or state have power to nullify the constitution
5. An independent body and unprejudiced authority (Eg. Judiciary) India is often also claimed to be non- federal in matters such as the Center can impinge upon the areas earmarked only for the states in some cases. Therefore, it infringes the principle of federalism as it makes the state hyponym to the center.
The Constitution of India is federal in character because:
Which of the following federal features of the Indian constitution?
1. Rigid constitution
2. Appointment of Governor
3. Integrated judiciary
4. Bicameral legislature
Rigid constitution and Bicameral legislature are among the federal features of the Indian constitution.
Which Schedule of the Constitution of India contains the three lists that divide powers between the Union and the states?
1. The union list details the subjects on which Parliament may make laws e.g. defence, foreign affairs, railways, banking, among others.
2. The state list details those under the purview of state legislatures e.g.
Public order, police, public health and sanitation; hospitals and dispensaries, betting and gambling etc.
3.The concurrent list has subjects in which both Parliament and state legislatures have jurisdiction e.g.
Education including technical education, medical education and universities, population control and family planning, criminal law, prevention of cruelty to animals, protection of wildlife and animals, forests etc.
4. The Constitution also provides federal supremacy to Parliament on concurrent list items i.e. in case of a conflict; a central law will override a state law.
Which of the following is/are true regarding effects of National Emergency on Centre-State relations?
1. During normal times the President has power to give directions to the states on all the matters.
2. During an emergency,the legislative power of the state legislature is suspended.
3. During an emergency, the President can issue ordinances on state subjects.
4. During an emergency, the President may modify the distribution of financial resources between the center and the state.
A. Executive -
1. During a national emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised.
2. In normal times, the Centre can give executive directions to a state only on certain specified matters.
3. However, during a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter.
4. Thus, the state governments are brought under the complete control of the Centre, though they are not suspended.
B. Legislative -
1. During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List.
2. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament.
3. Thus, the normal distribution of the legislative powers between the Centre and states is suspended, though the state Legislatures are not suspended.
C. Financial -
1. While a proclamation of national emergency is in operation, the President can modify the constitutional distribution of revenues between the centre and the states.
2. This means that the president can either reduce or cancel the transfer of finances from Centre to the states.
3. Such modification continues till the end of the financial year in which the Emergency ceases to operate.
4. Also, every such order of the President has to be laid before both the Houses of Parliament.
Which of the following subjects are included in the Union List?
1. Foreign affairs
2. Taxes on the sale or purchase of newspapers
3. Taxes on services
4. Major ports
The Union List or List-I is a list of 100 items (the last item is numbered 97) given in Seventh Schedule in the Constitution of India on which Parliament has exclusive power to legislate.
The legislative section is divided into three lists: Union List, State List and Concurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government. There are 100 items on the list, of which one is no longer in force.
Which of the following subjects are included in the State List?
1. Corporation tax.
Agriculture and Industries come under State List.
Which of the following subjects are included in the Concurrent List?
2. Marriage and Divorce, adoption, wills, etc.
3. Weights and measures and establishment of its standards.
4. Trade unions.
Electricity, Trade unions and Marriage and Divorce, adoption, wills, etc. come under Concurrent List.
42nd amendment Act 1976 shifted below mentioned five subjects from State list to Concurrent List:
-Protection of wild animals and birds
-Weights and measures and
-Administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts
Which of the following is/are correct?
1. Article 312 deals with creating new All-India Service
2. Centre can give directions to States for provision of adequate facilities for instruction in mother-tongue at primary stage.
3. A law on concurrent subjects has to be implemented by the state even if it is enacted by Parliament.
Executive Power distribution -
1. The executive power division is on similar lines as the legislative power distribution. 2. A law on concurrent subjects has to be implemented by the state even if it is enacted by Parliament.
Obligation of States and the Centre –
1. The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State.
2. The executive power of every State shall be exercised in manner so as not to impede the exercise of the executive power of the Union.
3. Article 365 - Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
4. After this, the President’s rule can be imposed in the state under Article 356. Directions to the States by Union –
1. The executive power of the Union shall also extend to giving directions to a State for measures to be taken for the protection of the railways within the State.
2. The executive power of the Union shall also extend to the giving directions to a State as to the construction and maintenance of means of communication which are of national and military importance.
3. Centre can give directions to States for provision of adequate facilities for instruction in mother-tongue at primary stage.
4. The Centre can also direct states to draw and execute specified schemes for the welfare of the Scheduled Tribes in the state.
Mutual Delegation of Functions -
1. With the consent of the state government, the President may entrust to that government any of the executive functions of the Centre.
2. Also with the consent of the Union government, the governor of a state may entrust to the Union government any of the executive functions of the state.
3. The Centre can entrust its executive functions to a state without the consent of that state.
4. But here it is the Parliament that is delegating and not the President.
5. But, the state cannot entrust executive functions to the Union government without Union government’s consent.
When can Parliament make laws on State List subjects?
1. When states make requests.
2. To implement international agreements.
3. During National Emergency in case of armed rebellion.
A. When Rajya Sabha passes a resolution to that effect –
1. Parliament can make laws on a matter in state list, if the Rajya Sabha says that it is necessary in the national interest that Parliament should make laws on that matter.
2. This resolution must be supported by two-thirds of the members of Rajya Sabha, present and voting.
3. The resolution remains in force only for one year.
4. It can be renewed again and again but not exceeding one year at a time.
5. The laws made under the resolution too cease to have effect on the expiration of six months after the resolution has ceased to be in force.
6. The state legislature toocan make laws on the same matter, but, in case of conflict parliamentary law prevails.
B. During a National Emergency -
1. When a proclamation of national emergency is in operation, parliament can legislate on subjects of the state list.
2. Here too the laws become ineffective on the expiry of six months after the emergency has ceased to operate.
3. Here again, states can make laws but in case of conflict parliamentary law prevails. C. When States make a request for it -
1. Parliament can also make laws on subjects in the state list when the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on that matter.
2. This law enacted by the Parliament will apply only to the concerned states i.e., states who have passed such a resolution.
3. But even other states are allowed to adopt the law by passing a resolution in their legislatures.
4. However only Parliament can amend or repeal such a law.
5. The state legislature loses the power to make a law with respect to that subject. Some examples are -Transplantation of Human Organs Act, 1994; Prize Competition Act, 1955; Wild Life (Protection) Act, 1972; Water (Prevention and Control of Pollution) Act, 1974, etc.
D. For implementing International Agreements -
1. For implementing the international treaties, agreements or conventions, the Parliament is authorized to make laws on any subject in the State List. Examples -Legislations related to TRIPS; Anti-Hijacking Act, 1982; etc.
E. During President’s Rule -
1. Parliament can make laws with respect to any subject in the State List in relation to that state, when the President's rule is in force in that state.
2. Even if the President’s Rule ends, the law remains in force in the state.
3. However, the State legislature can repeal or alter or re-enact that law.
Consider the following statements:
1. The parliament of India consists of three parts viz. the President, the Council of states and the House of the people.
2. The President of India is not a member of either House of Parliament.
3. The Parliament is the legislative organ of the Union Government.
Select the correct answer from the codes given below
Parliament is the supreme legislative body of India. The Indian Parliament comprises the President and the two Houses - Rajya Sabha (Council of States) and Lok Sabha (House of the People).
The President has the power to summon and prorogue either the House of Parliament or to dissolve Lok Sabha.
The Constitution of India came into force on January 26, 1950. The first general elections under the new Constitution were held during the year 1951-52 and the first elected Parliament came into existence in April, 1952, the Second Lok Sabha in April, 1957, the Third Lok Sabha in April, 1962, the Fourth Lok Sabha in March, 1967, the Fifth Lok Sabha in March, 1971, the Sixth Lok Sabha in March, 1977, the Seventh Lok Sabha in January, 1980, the Eighth Lok Sabha in December, 1984, the Ninth Lok Sabha in December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May, 1996, the Twelfth Lok Sabha in March, 1998, Thirteenth Lok Sabha in October, 1999, Fourteenth Lok Sabha in May, 2004 and Fifteenth Lok Sabha in April, 2009.
Which of the following article of the Indian Constitution deals with the constitution of the Parliament of India:
Zero Hour in the Parliamentary system has been derived from:
As the 9th Lok Sabha Speaker, Rabi Ray introduced certain changes in the proceedings of the House to create more opportunities for the members to raise matters of urgent public importance.
He proposed a mechanism to regulate the proceedings during the ‘Zero Hour’, raise matters in a more orderly manner and optimize the time of the House. While the dictionary defines ‘Zero Hour’ as the “the critical moment” or “the moment of decision”, in parliamentary parlance, it is referred to as the time gap between the end of Question Hour and the beginning of the regular business.
Zero Hour doesn’t find a mention in the Rules of Procedure and hence it’s considered an informal procedure for the members of Parliament to raise matters of serious importance. The other rationale behind naming it so can be traced to the fact that it starts at 12 noon.
Parliament of India cannot make laws related to subjects mentioned in the State List unless:
Parliament of India cannot make laws related to subjects mentioned in the State List unless:
(a)If Rajya Sabha passes a resolution that this is in national interest.
What is the minimum age for holding office in the Lok Sabha:
A motion of no confidence against the Government can be introduced in:
In parliamentary parlance it means any formal proposal made by a member for the purpose of eliciting a decision of the House. If adopted (voted), it amounts to expressing the will of the House.
Any matter of importance can be the subject of a motion. It can be moved only in the Lok Sabha. If the government has to demonstrate its strength on the floor of the House, it can have a motion of confidence (as in UPA-I).
However, the opposition parties (or any member) can move a motion expressing want of confidence (no confidence) in the Council of Ministers.
The procedure is laid down under Rule 198 of the rules of procedure and conduct of business of the LS. A no-confidence motion need not set out any grounds on which it is based. Even when grounds are mentioned in the notice and read out in the House, they do not form part of the no-confidence motion.
Who decides whether a bill is a Money Bill or not:
What among the following is the common procedure for both the Parliament and the state legislature:
1. A bill (not a money bill) can be passed in either Houses
2. Money Bill can only originate in the lower house
3. An ordinary Bill can be introduced either by the minister or private members
4. At the point of a deadlock between the Houses over an ordinary Bill, there can be a joint sitting of both Houses
There is a provision for a joint sitting at the Parliamentary level between Lok Sabha and Rajya Sabha, but there is NO provision for a joint sitting at the state level between assembly and council.
What are the three types of questions asked in the Question Hour:
What is the meaning of the word Quorum:
In the late nineties, efforts were made to review the entire Constitution. Consider the following statements in this regard and choose the correct one/s.
1. In 2000, a commission to review the working of the Constitution was appointed by the Government of India under the chairmanship of retired Chief Justice Venkatachaliah.
2. The commission stuck to the theory of basic structure and did not suggest any measures that would endanger the basic structure of the constitution.
Both the statements are correct.
In how many ways the Constitutional amendment in India can take place?
If there are 545 members in the Lok Sabha, five members are absent, 50 do not participate in the voting, and how many members will be required to pass a bill from the effective majority in Lok Sabha?
Match the following:
I. Japanese Constitution
J. Irish Constitution
K. British Constitution
L. South Africa
1. Election of Rajya Sabha members
2. Rule of law
3. Nomination of members to Rajya Sabha
4. Procedure established by law
Select the correct answer using the code given below:
Sources Features Borrowed: British Constitution: Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs, parliamentary privileges and bicameralism.
Irish Constitution: Directive Principles of State Policy, nomination of members to Rajya Sabha and method of election of president. South African Constitution : Procedure for amendment of the Constitution and election of members of Rajya Sabha. Japanese Constitution: Procedure established by Law
Consider the following statements regarding the Amendment procedure of the Constitution:
1. The amendment bill can only be introduced by a minister.
2. The President can return the amendment bill for reconsideration of Parliament but cannot withhold his assent to it.
3. Introduction of the amendment bill can only be done with prior permission of the President.
Which of the statement(s) given above is/are correct?