Test: Polity - 2 - UPSC MCQ

• 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).

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

• No money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law (Article 114).

• 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).

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

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

• 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.

• 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).

• 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.

• 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, It doesn’t require Lok Sabha approval. Hence statement 2 is not correct.

1. 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.

2. 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.

   Further, fresh elections to constitute a Panchayat shall be completed:

   1. before the expiry of its duration of five years

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

3. 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.

4. 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

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 for the day to day administration are called the permanent executive, Le. the Bureaucracy.

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

2. Introduction and passage of ordinary bills.

3. Introduction and passage of Constitutional amendment bills,

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

5. Election and impeachment of the president.

6. Election of the Vice-President.

   1. 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.

   2. 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.

7. 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.

8. Approval of ordinances issued by the President.

9. Approval of proclamation of all three types of emergencies by the President,

10. 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.

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

12. Enlargement of the jurisdiction of the 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.

The veto power enjoyed by the executive in modern states can be classified into the following four types:

• Absolute veto, that is, withholding of assent to the bill passed by the legislature.

• Qualified veto, which can be overridden by the legislature with a higher majority.

• 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.

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.

Hence, option (d) is the correct answer.

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

1. 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.

2. 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,

3. 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 lender 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.

• 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,

• 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 Supreme Court has been assigned a very significant role in the Indian democratic political system. It is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and guardian of the Constitution. Therefore, its independence becomes very essential for the effective discharge of the duties assigned to it. It should be free from the encroachments, pressures and interferences of the executive (council of ministers) and the Legislature (Parliament). It should be allowed to do justice without fear or favour.

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

1. 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.

2. 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.

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

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

5. 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.

6. 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.

7. 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.

8. 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.

• 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

  1. The Panchayati Raj bodies should be constitutionally recognized.

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

• Gadgil Committee made the following recommendations :

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

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

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 Service Conimission 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.

• Salaries and allowances of the high court judges are charged on the Consolidated fund of States.

• 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.

• 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.

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.

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.

• 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.

• 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.

• 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.

• 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.

An individual who is not a member of the legislature can be considered as the chief minister provided he/she gets himself/herself elected to the State Legislature within six months from the date of their appointment. Failing which, he/she would cease to be the chief minister.

The Chief Minister need not be a member of the state legislature. But after his appointment, he must get elected to the state legislature within 6 months.

Abjudication of disputes in election of president and vide president disputes concerning the election of president and vice president are decided exclusively by the supreme court and no other court.

• Original Jurisdiction of Supreme Court -
  
  Supreme Court decides the disputes between -
  
  1. the Centre and one or more states; or
  
  2. between two or more states; or
  
  3. the Centre and any state or states on one side and one or more states on the other.



 
• For these, Supreme Court has exclusive original jurisdiction.


• No other court can decide such disputes.


• Original means to hear such disputes at the first instance and not by way of appeal.


• But, the dispute must involve a question (whether of law or fact) on which the existence or extent of a legal right depends.


• Questions of political nature are not included.


• Also, any suit against the Centre or a state,brought before the Supreme Court,by a private citizen cannot be entertained under this.


• Original jurisdiction of the Supreme Court does not extend to the following -
  
  (a) Recovery of damages by a state against the Centre.
  
  (b) Matters referred to the Finance Commission.
  
  (c) Dispute arising out of any pre-constitution treaty, agreement, covenant etc.
  
  (d) Dispute arising out of any treaty, etc., which specifically mentions that court’s original jurisdiction will not be applicable to it.
  
  (e) Inter-state water disputes.
  
  (f) Adjustment of some expenses and pensions between the Centre and states.
  
  (g) Ordinary dispute of Commercial nature between the Centre and states.

• The Constitution of India provides for a joint session of the Parliament. 

• India has a bicameral Parliament. To pass any bill, both the Houses (the Lok Sabha and the Rajya Sabha) must concur. The bill has to be passed by both Houses before the President can give his/her assent.
• The founding fathers foresaw situations where there could be a deadlock between both Houses of Parliament.
• Therefore, they provided for a constitutional mechanism to break this deadlock, in the form of joint sittings.
• The Speaker presides over a joint sitting. In the absence of the Speaker, the Deputy Speaker of the Lok Sabha presides over it, and in his absence, the sitting is presided over by the Deputy Chairman of the Rajya Sabha.
• According to Article 118, the President can make rules for the procedure of the joint sitting after due consultation with the Lok Sabha Speaker and Rajya Sabha Chairman.
• In a joint sitting, any new amendment cannot be proposed in the bill, excepting those which have been passed by one House and refused by the other.
• Amendments which are relevant to the matter at discussion can only be proposed.

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.

The Act also provides for the establishment of a Metropolitan Planning Committee to prepare a draft development plan.

• Article 110 of the 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 -
  
  1. The imposition, abolition, remission, alteration or regulation of any tax.
  
  2. The regulation of the borrowing of money by the Union government.
  
  3. The custody of the Consolidated Fund of India or the contingency fund of India, the payment of moneys into or the withdrawal of money from any such fund.
  
  4. The appropriation of money out of the Consolidated Fund of India.
  
  5. Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure.
  
  6. 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.
  
  7. Any matter incidental to any of the matters specified above.
  
  But, a bill is not to be deemed to be a money bill by reason only that it provides for -
  
  1. The imposition of fines or other pecuniary penalties.
  
  2. The demand or payment of fees for licenses or fees for services rendered.
  
  2. The imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.



 
• 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.


• When a money bill is transmitted to the Rajya Sabha for recommendation and presented to the president for assent, the Speaker endorses it as a money bill.


• The Constitution lays down a special procedure for the passing of money bills in the Parliament.


• A money bill can only be introduced in the Lok Sabha and that too on the recommendation of the president.


• Every such bill is considered to be a government bill and can be introduced only by a minister.


• After a money bill is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its consideration.


• The Rajya Sabha cannot reject or amend a money bill. It can only make the recommendations.


• It must return the bill to the Lok Sabha within 14 days, with or without recommendations.


• The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.


• If the Lok Sabha accepts any recommendation, the bill is then deemed to have been passed by both the Houses in the modified form.


• If the Lok Sabha does not accept any recommendation, the bill is then deemed to have passed by both the Houses in the form originally passed by the Lok Sabha without any change.


• If the Rajya Sabha does not return the bill to the Lok Sabha within 14 days, the bill is deemed to have been passed by both the Houses in the form originally passed by the Lok Sabha.


• Lok Sabha has more powers than Rajya Sabha with regard to a money bill.


• Finally, when a money bill is presented to the president, he may either give his assent or withhold his assent to the bill but cannot return the bill for reconsideration of the Houses.


• Generally, the president gives his assent to a money bill as it is introduced in the Parliament with his prior permission.

The Government of India Act of 1935 extended the principal of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labour (workers). Indian Councils Act, 1909 also introduced the system of separate electorates for Muslims.

Eleventh schedule of Indian Constitution contains the following functional items placed within the purview of the Panchyats:

1. Agriculture including agricultural expansion

2. Land improvement, implementation of land reforms, land consolidation and soil conservation.

3. Animal Husbandry, Dairying and poultry

4. Fisheries Industry

5. Minor irrigation, water management and watershed development

6. Social forestry and farm forestry

7. Small scale industries in which food processing industry is involved

8. Minor forest produce

9.  Safe water for drinking

10. Khadi, village and cottage industries

11. Rural housing

12. Fuel and fodder

13. Rural electrification, including distribution of electricity

14. Road, culverts, bridges, ferries, waterways and other means of communication

15. Education including primary and secondary schools

16. Non-conventional sources of energy

17. Technical training and vocational education

18. Adult and non-formal education

19. Public distribution system

20. Maintenance of community assets

21. Welfare of the weaker sections of the in particular of the schedule caste and schedule tribes

22. Social welfare, including welfare of the handicapped and mentally retarded

23. Family welfare

24. Women and child development

25. Markets and Fairs

26. Health and sanitation including hospitals, primary health centres and dispensaries

27. Cultural activities

28. Libraries

29. Poverty Alleviation Programmes

It is expected that the subjects covered under the eleventh schedule of the indian constitution are made to ensure the development of the rural India.