Test: Polity - 1 - UPSC MCQ

o The Constitution of India contains the following provisions with regard to the enactment of the budget:

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  The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of estimated receipts and expenditure of the Government of India for that year (Article 112).

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  No demand for a grant shall be made except on the recommendation of the President (Article 113). Hence statement 3 is correct

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  No money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law (Article 114).

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  No money bill imposing tax shall be introduced in the Parliament except on the recommendation of the President, and such a bill shall not be introduced in the Rajya Sabha (Article 117).

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  No tax shall be levied or collected except by authority of law (Article 265).

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  Parliament can reduce or abolish a tax but cannot increase it (Article 117). Hence statement 1 is correct.

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  The budget shall distinguish expenditure on revenue account from other expenditure (Article 112). There is no Constitutional requirement on the Budget to distinguish receipts on revenue account from other receipts. Hence statement 2 is not correct.

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  The expenditure charged on the Consolidated Fund of India shall not be submitted to the vote of Parliament. However, it can be discussed by Parliament (Article 113).

o In India, there is no provision in the Constitution for the system of legal responsibility of a minister. It is not required that an order of the President for a public act should be countersigned by a minister. Moreover, the courts are barred from inquiring into the nature of advice rendered by the ministers to the president. Hence statement 1 is correct, o Ministers hold office during the pleasure of the President, which means that the President can remove a minister even at a time when the council of ministers enjoys the confidence of the Lok Sabha. However, the President removes a minister only on the advice of the Prime Minister. In case of a difference of opinion or dissatisfaction with the performance of a minister, the Prime Minister can ask him to resign or advice the President to dismiss him. Hence statement 2 is correct.

o The Cabinet Committee are organizations which are instrumental in reducing the workload of the Cabinet. These committees are extra-constitutional in nature and are nowhere mentioned in the Constitution. However, the Rules of Business provide for their establishment. The composition of a Cabinet Committee varies from 3 to 8 people. Even Ministers who are not the part of the Cabinet can be added to a Cabinet Committee. Usually, each cabinet committee has at least one Cabinet Minister. The members of the Cabinet Committee can be from both the Lok Sabha and the Rajya Sabha. Hence statement 1 is correct.

o They are set up by the Prime Minister according to the exigencies of the time and requirements of the situation. Hence, their number, nomenclature, and composition vary from time to time. They are disbanded after their task is completed. Establishment /discontinuation of cabinet committees can be done by Prime minister any time, Itdoesn’t require Lok Sabha approval. Hence statement 2 is not correct.

• Statement 1 is correct: The 73rd Constitutional Amendment Act provides for a five-year term of office to the panchayat at every level. Every Panchayat shall continue for five years from the date of its first meeting.

• Statement 2 is not correct: It can be dissolved before the completion of its term. It can be dissolved earlier in accordance with the procedure prescribed by State Law. o Further, fresh elections to constitute a Panchayat shall be completed:

• before the expiry of its duration of five years

• in case of dissolution, before the expiry of a period of six months from the date of its dissolution.

Where the remainder of the period (for which the dissolved Panchayat would have continued) is less than six months, it shall not be necessary to hold any election for constituting the new panchayat for such period.

• Statement 3 is correct: A Panchayat constituted upon the dissolution of a Panchayat before the expiration of its duration shall continue only for the remainder of the period.

The executive is the branch of government responsible for the implementation of laws and policies adopted by the legislature. The executive is often involved in the framing of policy. The official designations of the executive vary from country to country. Some countries have presidents, while others have chancellors. The executive branch is not just about presidents, prime ministers, and ministers. It also extends to the administrative machinery (civil servants), o While the heads of government and their ministers, saddled with the overall responsibility of government policy, are together known as the political executive having a shorter term of office(In India, it is generally for 5 years); those responsible lor the day to day administration are called the permanent executive, Le. the Bureaucracy.

o The powers and status of the Rajya Sabha are equal to that of the Lok Sabha in the following matters:

• Introduction and passage of ordinary bills.

• Introduction and passage of Constitutional amendment bills,

• Introduction and passage of financial bills involving expenditure from the Consolidated Fund of India,

• Election and impeachment of the president.

• Election of the Vice-President.

• The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament, in accordance with the system of proportional representation by means of the single transferable vote and the voting in such election is by secret ballot. The Electoral College to elect a person to the office of the Vice-President consists of all members of both Houses of Parliament.

• However, Rajya Sabha alone can initiate the removal of the vice-president. He is removed by a resolution passed by the Rajya Sabha by a special majority and agreed to by the Lok Sabha by a simple majority.

• Making recommendation to the President for the removal of Chief Justice and judges of Supreme Court and high courts, chief election commissioner and comptroller and auditor general.

• Approval of ordinances issued by the President.

• Approval of proclamation of all three types of emergencies by the President,

• Selection of ministers including the Prime Minister, Under the Constitution, the ministers including the Prime Minister can be members of either House, However, irrespective of their membership, they are responsible only to the Lok Sabha.

• Consideration of the reports of the constitutional bodies like Finance Commission, Union Public Service Commission* comptroller and auditor general, etc.

• Enlargement ofthe jurisdiction ofthe Supreme Court and the Union Public Service Commission.

Adjournment sine die means terminating a sitting of Parliament for an indefinite period. In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die. The power of adjournment as well as adjournment sine die lies with the presiding officer of the House. He can also call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

Hence, option (d) is the correct answer.

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• Suspensive veto, which can be overridden by the legislature with an ordinary majority.

• Pocket veto, that is, taking no action on the bill passed by the legislature.

O Of the above four, the President of India is vested with three—absolute veto, suspensive veto and pocket veto. There is no qualified veto in the case of Indian President, However, it is possessed by the American President.

o The minimum number of members required to be present in the House before it can transact any business is called Quorum. It is one-tenth of the total number of members in each House including the presiding officer. It means that there must be at least 55 members present in the Lok Sabha and 25 members present in the Rajya Sabha, if any business is to be conducted. If there is no quorum during a meeting of the House, it is the duty of the presiding officer either to adjourn the House or to suspend the meeting until there is a quorum.

O Hence, option (d) is the correct answer.

o There are at least three situations where the President can exercise the powers using his or her own

discretion:

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  The President can send back the advice given by the Council of Ministers and ask the Council to reconsider the decision, in doing this, the President acts on his (or her) own discretion. When the President thinks that the advice has certain flaws or legal lacunae, or that it is not in the best interests of the country, the President can ask the Council to reconsider the decision. Although the Council can still send back the same advice and the President would then be bound by that advice, such a request by the President to reconsider the decision would naturally carry a lot of weight. So, this is one way in which the president can act in his own discretion. Hence statement 1 is correct.

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  Secondly, the President also has veto power by which he can withhold or refuse to give assent to Bills (other than Money Bill) passed by the Parliament, Every bill passed by the Parliament goes to the President for his assent before it becomes a law. The President can send the hill hack to the Parliament asking it to reconsider the bilk This veto' power is limited because, if the Parliament passes the same bill again and sends it back to the President, then, the President has to give assent to that bill. Hence statement 2 is correct,

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  The third kind of discretion arises more out of political circumstances. Formally, the President appoints the Prime Minister. Normally, in the parliamentary system, a leader who has the support of the majority in the Lok Sabha would be appointed as Prime Minister and the question of discretion would not arise. But imagine a situation when after an election, no leader has a clear majority in the Lok Sabha. Imagine further that after attempts to forge alliances, two or three leaders are claiming that they have the support of the majority in the house. Now, the President has to decide whom to appoint as the Prime Minister. In such a situation, the President has to use his own discretion in judging who really may have the support of the majority or who can actually form and run the government. Hence statement 3 is correct.

• A municipal corporation has three authorities, namely, the council, the standing committees and the commissioner,

• The Council is the deliberative and legislative wing of the corporation.

O It consists of the Councillors directly elected by the people, as well as a few nominated persons

having knowledge or experience of municipal administration. Hence statement 1 is correct, o The Council is headed by a Mayor. He is assisted by a Deputy Mayor. He is elected in a majority of the states for a one-year renewable term. Hence statement 2 is not correct.

The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of the Supreme Court:

• The judges of the Supreme Court are appointed by the President in consultation with the members of the judiciary itself. Hence, statement 1 is not correct.

• The judges of the Supreme Court are provided with the Security of Tenure. They can be removed from office by the President only in the manner and on the grounds mentioned in the Constitution.

• The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court are determined from time to time by the Parliament.

• They cannot be changed to their disadvantage after their appointment except during a financial emergency.

• The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the Supreme Court are charged on the Consolidated Fund of India. Hence, statement 2 is correct.

• The retired judges of the Supreme Court are prohibited from pleading or acting in any Court or before any authority within the territory of India.

• The Chief Justice of India can appoint officers and servants of the Supreme Court without any interference from the executive. He can also prescribe their conditions of service.

The Parliament is not authorised to curtail the jurisdiction and powers of the Supreme Court. The Constitution has guaranteed to the Supreme Court jurisdiction of various kinds. However, the Parliament can extend the same. Hence, statement 3 is correct

• Balwant Rai Mehta Committee - It recommended the establishment of a three-tier panchayati raj system—gram panchayat at the village level, panchayat samiti at the block level and zila parishad at the district level.

• o Ashok Mehta Committee - The committee suggested that the three-tier system of panchayati raj should be replaced by the two-tier system, that is, zila parishad at the district level, and below it, the mandal panchayat consisting of a group of villages with a total population of 15.000 to 20,000.

• Thungon Committee made the following recommendations

• The Panchayati Raj bodies should be constitutionally recognized.

• A three-tier system of Panchayati Raj with panehayats at the village, block and district levels.

Gadgil Committee made the following recommendations :

• A constitutional status should be bestowed on the Panchayati Raj institutions.

• A three-tier system of Panchayati Raj w'ithpanehayats at the village, block and district levels,

o The budget consists of two types of expenditure - the expenditure 'charged* upon the Consolidated Fund of India and the expenditure 'made' from the Consolidated Fund of India. The charged expenditure is non-votable by the Parliament, that is, it can only be discussed by the Parliament, while the other type has to be voted by the Parliament, The list of the charged expenditure is as follows:

• Emoluments and allowances of the President and other expenditure relating to his office,

• Salaries and allowances of the Chairman and the Deputy Chairman of the Rajya Sahha and the Speaker and the Deputy Speaker of the Lok Sahha.

• Salaries, allowances and pensions of the judges of the Supreme Court.

• Pensions of the judges of high courts, while salaries and allowances of the high court judges are charged expenditures in ihe respective slate budgets.

• Salary, allowances and pension of the Comptroller and Auditor General of India.

• Salaries, allowances and pension of the chairman and members of the Union Public Service Commission.

• Administrative expenses of the Supreme Court, the office of the Comptroller and Auditor General of India and the Union Public ServiceConimission including the salaries, allowances and pensions of the persons serving in these offices.

• The debt charges for which the Government of India is liable, including interest, sinking fund charges and redemption charges and other expenditure relating to the raising of loans and the service and redemption of debt.

• Any sum required to satisfy any judgement, decree or award of any court or arbitral tribunal.

• Any other expenditure declared by the Parliament to be so charged.

Statement 1 is correct: Article 156 specifies the term for the office of Governor s five years subject to the other provisions of the Article. Constitution of Indian only specifies the term but does not fix the term of five years for the office of Governor.

o Statement 2 is not correct: Governor can hold the office beyond his specified term and shall not vacate his office until the successor assumes the charge. This provision is in lines of Article 153 which specifies that there shall be a Governor for each state.

o The Constitution lays down that a person shall be disqualified from being a member of Parliament if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule. A member incurs disqualification under the defection law:

• if he voluntary gives up the membership of the political party on whose ticket he is elected to the House;

• if he votes or abstains from voting in the House contrary to any direction given by his political party;

• if any independently elected member joins any political party; and

• if any nominated member joins any political party after the expiry of six months.

o He has been convicted for any offence resulting in imprisonment for two or more years. This criterion for disqualification is mentioned in the Representation of People Act (1951), not under the Tenth Schedule of the Constitution of India. Hence statement 1 is not correct.

o Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. He can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action.

o In Cooper case (1970), the Supreme Court held that the President’s satisfaction can be questioned in a court on the ground of malafide. This means that the decision of the President to issue an ordinance can be questioned in a court on the ground that the President has prorogued one House or both Houses of Parliament deliberately with a view to promulgate an ordinance on a controversial subject, so as to bypass the parliamentary decision and thereby circumventing the authority of the Parliament, o The 38th Constitutional Amendment Act of 1975 made the President’s satisfaction final and conclusive and beyond judicial review. But, this provision was deleted by the 44th Constitutional Amendment Act of 1978. Thus, the President’s satisfaction is justifiable on the ground of malafide. Hence statement 1 is not correct.

o Every ordinance issued by the President during the recess of parliament must be laid before both the Houses of Parliament when it reassembles. If the ordinance is approved by both the Houses, it becomes an act. If Parliament takes no action at all, the ordinance ceases to operate on the expiry of six weeks from the reassembly of Parliament.

o The ordinance may also cease to operate even earlier than the prescribed six weeks if both the Houses of Parliament pass resolutions disapproving it. If the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks is calculated from the later of those dates. This means that the maximum life of an ordinance can be six months and six weeks, in case of non-approval by the Parliament (six months being the maximum gap between the two sessions of Parliament). If an ordinance is allowed to lapse without being placed before Parliament, then the acts done and completed under it, before it ceases to operate, remain fully valid and effective.Hence statement 2 is not correct.

The Constitution lays down the following qualifications for a person to be chosen a member of the

Parliament:

• He must be a citizen of India. Hence statement 1 is correct.

• He must make and subscribe to an oath or affirmation before the person authorised by the election commission for this purpose. In his oath or affirmation, he swears. To bear true faith and allegiance to the Constitution of Indiab. To uphold the sovereignty and integrity of India.

• He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha. Hence statement 2 is not correct.

• He must posses other qualifications prescribed by Parliament.

The Parliament has laid down the following additional qualifications in the Representation of People Act (1951):

• He must be registered as an elector for a parliamentary constituency. This is same in the case of both, the Rajya Sabha and the Lok Sabha. The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state was dispensed with in 2003. In 2006, the Supreme Court upheld the constitutional validity of this change. Hence statement 3 is not correct.

• He must be a member of a scheduled caste or scheduled tribe in any state or union territory if he wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.

Statement 1 is correct: A person who is not the member of state legislature can be appointed as the Chief Minister of the state for six months and during this period he should be elected to the state legislature failing which he ceases to be the Chief Minister.

Statement 2 is correct: According to the Constitution of India, Chief Minister of a state can be a member of any of the Houses of the State legislature. The usual practice is that Chief Minister is selected from the Lower House but he can also be selected from the Upper House also.

In the federal disputes, the Supreme Court has exclusive original jurisdiction. Exclusive means, no other court

In the federal disputes, the Supreme Court has exclusive original jurisdiction. Exclusive means, no other court can decide such disputes and original means, the power to hear such disputes in the first instance, not by way of appeal.

The Supreme Court decides the disputes regarding the election of the president and the vice president. In this regard, it has the original, exclusive and final authority. Hence option 2 is correct.

In disputes relating to violation of Fundamental rights, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can directly go to the Supreme Court, not necessarily by way of appeal. However, the writ jurisdiction of the Supreme Court is not exclusive. The high courts are also empowered to issue writs for the enforcement of the Fundamental Rights. It means, when the Fundamental Rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly. Hence, option 1 is not correct.

Original jurisdiction of High Court includes disputes relating to the election of Member of Parliament and Member of state Legislature. Hence, option 3 is not correct.

Further, this jurisdiction of the Supreme Court does not extend to the following:

• Inter-state water disputes. Hence, option 4 is not correct.

• Matters referred to the Finance Commission.

• Adjustment of certain expenses and pensions between the Centre and the states.

• Ordinary dispute of Commercial nature between the Centre and the states.

Statement 1 is not correct: Joint sitting is an extraordinary machinery provided by the Constitution (Article 108) to resolve a deadlock between the two Houses over the passage of a bill. A deadlock is deemed to have taken place under any one of the following three situations after a bill has been passed by one House and transmitted to the other House:

• if the bill is rejected by the other House;

• if the Houses have finally disagreed as to the amendments to be made in the bill; or

• if more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it.

o Statement 2 is not correct: The Speaker of Lok Sabha presides over a j oint sitting of the two Houses and the Deputy Speaker, in his absence. If the Deputy Speaker is also absent from a joint sitting, the Deputy Chairman of Rajya Sabha presides. If he is also absent, such other person as may be determined by the members present at the joint sitting, presides over the meeting. It is clear that the Chairman of Rajya Sabha does not preside over a joint sitting as he is not a member of either House of Parliament o Statement 3 is not correct: The Constitution has specified that at a joint sitting, new amendments to the bill cannot be proposed except in two cases:

• those amendments that have caused final disagreement between the Houses; and

• those amendments that might have become necessary due to the delay in the passage of the bill.

o Metropolitan Planning Committee: Every metropolitan area shall have a metropolitan planning committee to prepare a draft development plan. The state legislature may make provisions with respect to the following:

• The composition of such committees;

• The manner of election of members of such committees;

• The representation in such committes of the Central government, state government and other organisations;

• The functions of such committees in relation to planning and coordination for the metropolitan area; and

• The manner of election of chairpersons of such committees. The act lays down that two-thirds of the members of a metropolitan planning committee should be elected by the elected members of the municipalities and chairpersons of the panchayats in the metropolitan area from amongst themselves. Hence statement 1 is correct.

o The representation of these members in the committee should be in proportion to the ratio between the population of the municipalities and the panchayats in that metropolitan area. The chairpersons of such committees shall forward the development plan to the state government. Hence statement 2 is not correct.

Article 110 of the Indian Constitution deals with the definition of money bills. It states that a bill is deemed to be a money bill if it contains ‘only’ provisions dealing with all or any of the following matters:

• The imposition, abolition, remission, alteration or regulation of any tax;

• The regulation of the borrowing of money by the Union government;

• The custody of the Consolidated Fund of India or the contingency fund of India, the payment of money into or the withdrawal of money from any such fund;

• The appropriation of money out of the Consolidated Fund of India;

• Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money, or the audit of the accounts of the Union or of a state; Hence, option (a) is correct.

• Any matter incidental to any of the matters specified above.

o It can be introduced only on the recommendation of the President. Its defeat in the Lok Sabha leads to the resignation of the government. Hence option (b) and (c) are correct. o If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final. His decision in this regard cannot be questioned in any court of law or in the either House of Parliament or even the president. Hence, option (d) is not correct.

• The Rajya Sabha represents the States of India. It is an indirectly elected body. Residents of the State elect members to State Legislative Assembly. The elected members of State Legislative Assembly, in turn, elect the members of the Rajya Sabha. The election is held in accordance with the system of proportional representation by means of a single transferable vote.

• The Constitution has adopted the system of proportional representation in the case of Rajya Sabha, it has not preferred the same system in the case of Lok Sabha. Instead, it has adopted the system of territorial representation for the election of members to the Lok Sabha. Hence statement 1 is not correct, o The number of members to be elected from each State has been fixed by the fourth schedule of the Constitution. Hence statement 2 is correct.

• The president nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service. In case of Lok Sabha, the president can nominate two members from the Anglo-Indian community if the community is not adequately represented. Hence statement 3 is not correct.

o The eleventh Schedule contains the following functional items among others (Total 29 Items) placed within the purview of pane hay ats( Article 243-G):

• Land improvement, implementation of land reforms, land consolidation and soil conservation

• Rural housing.

• Technical training and vocational education

• Public distribution system

o Hence option (c) is the correct answer. Other subjects included under 11th schedule are:

• Minor irrigation, water management and watershed development

• Animal husbandry, dairying and poultry

• Fisheries

• Social forestry and farm forestry

• Minor forest produce

• Small-scale industries, including food processing industries

• Khadi, village and cottage industries

• Rural housing

• Drinking water

• Fuel and fodder

• Roads, culverts, bridges, ferries, waterways and other means of communication

• Rural electrification, including distribution of electricity

• Non-conventional energy sources

• Poverty alleviation programme

• Education, including primaiy and secondary schools

• Technical training and vocational education

• Adult and non-formal education

• Libraries

• Cultural activities

• Markets and fairs

• Health and sanitation including hospitals, primary health centres and dispensaries

• Family welfare

• Women and child development

• Social welfare, including welfare of the handicapped and mentally retarded

• Welfare of the weaker sections, and in particular, of the scheduled castes and the scheduled tribes

• Public distribution system