Test: Polity - 3 - UPSC MCQ

Even though the president is empowered to define the duties of an interstate council, Article 263 specifies the duties that can be assigned to it in the following manner:

(a) enquiring into and advising upon disputes which may arise between states.

(b) investigating and discussing subjects in which the states or the Centre and the states have a common interest

(c) making recommendations upon any such subject, and particularly for the better coordination of policy and action on it. o The Council can deal with any controversy whether legal or non-legal, but its function is advisory unlike that of the court which gives a binding decision. Hence, statement 3 is not correct,

First ISC was established in pursuance of the recommendations of the Sarkaria Commission by the Janata Dal Government headed by V. P. Singh in 1990.

(i) Punishment or sentence is for an offence against a Union Law;

(ii) Punishment or sentence is by a court-martial (military court), and (Hence statement 2 is not correct)

(iii) The sentence is a sentence of death.

The pardoning power of the President is independent of the Judiciary; it is executive power. But, the President while exercising this power, does not sit as a court of appeal.

The object of conferring this power on the President is two-fold:

(i) to keep the door open for correcting any judicial errors in the operation of law; and,

(ii) to afford relief from a sentence, which the President regards as unduly harsh.

Under Article 161 of the Constitution, the governor of a state also possesses the pardoning power. Hence, the governor can also grant pardons, reprieves, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against state law. Hence statement 1 is not correct.

Under the Rules of Lok Sabha, the ‘Leader of the House’ means the prime minister, if he is a member of the Lok Sabha, or a minister (not any member) who is a member of the Lok Sabha and is nominated by the prime minister to function as the Leader of the House. There is also a ‘Leader of the House’ in the Rajya Sabha. He is a minister (not any member) and a member of the Rajya Sabha and is nominated by the prime minister to function as such. The leader of the house in either House is an important functionary and exercises direct influence on the conduct of business. He can also nominate a deputy leader of the House. Hence statement 2 is not correct.

If in a Division the number of Ayes' and 'Noes' is equal, the question is decided by the casting vote of the Chair. Under the Constitution, the Presiding officer of a House cannot vote in a Division; he/she has only a casting vote which he/she must exercise in the case of equality of votes.

It is customary for the Presiding Officer to exercise the Casting vote in such a manner as to maintain the status quo.

Hence option (c) is the correct answer.

District Planning Committee: The Act mandates that every state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole. Hence statement 1 is correct.

The act lays down that four-fifths of the members of a district planning committee should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves. The representation of these members in the committee should be in proportion to the ratio between the rural and urban populations in the district. Hence statement 2 is not correct.

The judgements are delivered by the open court. All judgements are by majority vote but if differing, then judges can give dissenting judgements or opinions.

(i) In the FPTP system, the country is divided into small geographical units called constituencies or districts. In the PR system, large geographical areas are demarcated as constituencies. The entire country may be a single constituency.

(ii) In the FPTP system, every constituency elects one representative. In the PR system, more than one representative may be elected from one constituency.

(iii) In the FPTP system, voters vote for a candidate while in the PR system voters vote for the party. Hence, statement 1 is correct

(iv) In the FPTP system, a party may get more seats than votes in the legislature. In the PR system, every party gets seats in the legislature in proportion to the percentage of votes that it gets. Hence, statement 2 is not correct.

(v) In the FPTP system, a candidate who wins the election may not get the majority (50%+1) votes. In the PR system, the candidate who wins elections gets the majority of votes. Hence, statement 3 is not correct.

Examples of FPTP system: U.K., India; Examples of PR system: Israel, Netherlands

Statement 2 is correct: The Constitution of India provides for the creation and abolition of legislative councils in states by the Parliament provided the resolution to that effect must be passed by the concerned state legislature. The Act of the Parliament is not to be deemed as an amendment to the Constitution for the purpose of Article 368 and is passed like an ordinary bill.

The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha (and not by the president of India). In 1992, the Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review,

However, when the disqualification is subject to the criteria laid down in the Constitution and the Representation of People Act (1951), the President's decision is final. In such a case, he should obtain the opinion of the election commission and act accordingly. Hence option (d) is correct.

Statement 2 is correct: The Governor is appointed by the President by warrant under his hand and seal but the Supreme Court in 1979 held that the office of Governor is not under the control of the Central government. Office of Governor is not an employment under the Central Government,

Statement 3 is correct: Article 153-167 of the Indian Constitution deals with the state executive. The Governor is the chief executive head of the state as well as the agent of the Central government in the state, thereby exercising dual role in Indian political system. In the original constitution, there was a provision for the Governor for each state but the 7th Constitutional Amendment Act, 1956 provided for the appointment of one person as the Governor of two or more states.

The nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election. Hence statement 2 is not correct.

The elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducheriy do not participate in the impeachment of the President though they participate in his election, o In the History of the Indian Republic, no Indian President has been so far "impeached" from his post. Hence statement 3 is correct.

Statement 3 is correct: Public Account of India accounts for flows for those transactions where the government is merely acting as a banker. They have to be paid back at some time to their rightful owners. Because of this nature of the fund, expenditures from it are not required to be approved by the Parliament. Thus, this account is operated by executive action, that is, the payments from this account can be made without parliamentary appropriation.

The Council of Ministers is responsible to the Lok Sabha and not Rajya Sabha. Therefore, Rajya Sabha can criticise the government but cannot remove it. Hence statement 2 is correct.

The Rajya Sabha is an institutional mechanism to provide representation to the States. Its purpose is to protect the powers of the States. Therefore, any matter that affects the States must be referred to it for its consent and approval. Thus, if the Union Parliament wishes to remove a matter from the State list to either the Union List or Concurrent List in the interest of the nation, the approval of the Rajya Sabha is necessary. Hence statement 3 is not correct.

Section 123 (3) of the People’s Representation Act of 1951: It provides that no candidate or his agent can appeal for votes on the grounds of religion, race, caste, community or language.

Section 123 (3A) of the People’s Representation Act of 1951: It prohibits attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent

Paid news is not an electoral offence yet. The EC has recommended to the government that the Representation of the People Act, 1951, be amended to make the publishing, or abetting the publishing, of paid news to further a candidate’s prospects or prejudicially affect another's electoral offence.

As per Article 75 (5), a Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister

Article 74 provides for a council of ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions. The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President. Further, the nature of advice tendered by ministers to the President cannot be enquired by any court. This provision emphasizes the intimate and confidential relationship between the President and the ministers.

In 1971, the Supreme Court held that ‘even after the dissolution of the Lok Sabha, the council of ministers does not cease to hold office. Article 74 is mandatory and, therefore, the president cannot exercise the executive power without the aid and advice of the council of ministers. Any exercise of executive power without the aid and advice will be unconstitutional as being violative of Article 74’.

Again in 1974, the court held that ‘wherever the Constitution requires the satisfaction of the President, the satisfaction is not the personal satisfaction of the President but it is the satisfaction of the council of ministers with whose aid and on whose advice the President exercises his powers and functions’. Hence statement 2 is not correct.

(A) He is provided with security of tenure. He can be removed only by a resolution passed by the Lok Sabha by an absolute majority. This motion of removal can be considered and discussed only when it has the support of at least 50 members.

(B) His salaries and allowances are fixed by Parliament. They are charged on the Consolidated Fund of India and thus are not subject to the annual vote of Parliament.

(C) His work and conduct cannot be discussed and criticised in the Lok Sabha except on a substantive motion.

(D) His powers of regulating procedure or conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.

(E) He cannot vote in the first instance. He can only exercise a casting vote in the event of a tie. This makes the position of Speaker impartial.

(F) He is given a very high position in the order of precedence. He is placed at seventh rank, along with the Chief Justice of India. This means he has a higher rank than all cabinet ministers, except the Prime Minister or Deputy Prime Minister.

In India, on the other hand, the Constitution itself confers the power of judicial review on the judiciary (both the Supreme Court as well as High Courts). Further, the Supreme Court has declared the power of judicial review as a basic feature of the Constitution or an element of the basic structure of the Constitution. Hence, the power of judicial review cannot be curtailed or excluded even by a constitutional amendment. Hence, statement 1 is correct and statement 3 is not correct, o The phrase ‘Judicial Review’ has nowhere been used in the Constitution. However, the provisions of several Articles explicitly confer the power of judicial review on the Supreme Court and the High Courts. Hence, statement 2 is correct

Therefore, he can be removed from the office before completion of his term. A formal impeachment is not required for his removal. He can be removed by a resolution of the Rajya Sabha passed by an effective majority (i.e., a majority of the total members of the House minus the vacant seats) and agreed to by the Lok Sabha with a simple majority. Notably, no ground has been mentioned in the Constitution for his removal. Hence, Statement 2 is not correct.

(i) It provides for the allocation of seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States.

(ii) It confers on the President the powers to delimit, after consultation with the Election Commission,

the various constituencies for the purpose of elections to fill seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States.

(iii) It provides for the registration of electors for Parliamentary Constituencies and for the Assembly and Council Constituencies, and the qualifications and disqualifications for such registration.

Some of the provisions of the Representation of the People Act, 1951 relates to the following electoral matters:

(i) Qualifications and disqualifications for membership of Parliament and State Legislatures

(ii) Notification of general elections

(iii) Administrative machinery for the conduct of elections

(iv) Registration of political parties

(v) Conduct of elections

(vi) Free supply of certain material to candidates of recognised political parties

(vii) Disputes regarding elections

(viii)Corrupt practices and electoral offences

Initially, there were many apprehensions about a multi-member Commission. There was a sharp difference of opinion between the then Chief Election Commissioner and the other Commissioners about who had how much power. The matter had to be settled by the Supreme Court. Now there is a general consensus that a multi-member Election Commission is more appropriate as power is shared and there is greater accountability.

Statement 2 is correct: The Chief Election Commissioner (CEC) presides over the Election Commission but does not have more powers than the other Election Commissioners. The CEC and the two Election Commissioners have equal powers to take all decisions relating to elections as a collective body.

Statement 3 is not correct: They are appointed by the President of India on the advice of the Council of Ministers. It is, therefore, possible for a ruling party to appoint a partisan person to the Commission who might favour them in the elections. This fear has led many to suggest that this procedure should be changed. Many people have suggested that a different method should be followed that makes a consultation with the leader of the opposition and the Chief Justice of India necessary for the appointment of CEC and Election Commissioners.

(ii) It should state the reasons for its adoption in the Lok Sabha. Hence, statement 1 is correct

(iii) It can be moved against an individual minister or a group of ministers or the entire council of ministers. Hence, statement 2 is not correct.

(iv) It is moved for censuring the council of ministers for specific policies and actions.ct.

(v) If it is passed in the Lok Sabha, the council of ministers need not resign from the office.

(i) reactionary parties which want to restore the old socio-economic and political institutions;

(ii) conservative parties which believe in the status-quoliberal parties which aim at reforming the existing institutions; and

(iii) radical parties which aim at establishing a new order by overthrowing the existing institutions.

In their classification of political parties on the basis of ideologies, the political scientists have placed the radical parties on the left and the liberal parties in the centre and reactionary and conservative parties on the right. In other words, they are described as the leftist parties, centrist parties and the rightist parties. o In India, the CPI and CPM are the examples of leftist parties, the Congress of centrist parties and the BJP is an example of rightist parties.

(A) It consists of both elected and nominated members of the Parliament (in the case of the president, only elected members). Hence statement 1 is not correct.

(B) It does not include the members of the state legislative assemblies (in the case of the President, the elected members of the state legislative assemblies are included). Hence statement 2 is correct.

(a) He sees the annual financial statement of the State budget

(b) Money bills in the state legislature can be introduced only with his prior permission. Hence statement 1 is correct.

(c) No demand for grant can be made except on his recommendation.

(d) He can make advances out of the Contingency Fund of the State and not the consolidated fund of the state which requires an appropriation. Hence statement 2 is not correct.

(e) He constitutes the State Finance Commission every five years.

The Legislative assembly of each state cannot have number of members more than 500 and less than 60. However, there are three exceptions to this viz. Sikkim (32), Goa (40) and Mizoram (40)