Test: Polity - 5 - UPSC MCQ

Statement 4 is incorrect: Protection and improvement of the environment and to safeguard forests and wildlife, which was added by the 42nd Constitutional Amendment Act of 1976 (Article 48A), represents Liberal–Intellectual Principle.
DPSP based on Socialist Principle:

• To promote the welfare of the people by securing a social order permeated by justice—social, economic and political—and to minimize inequalities in income, status, facilities and opportunities.
• To secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution of material resources of the community for the common good; (c) prevention of concentration of wealth and means of production; (d) equal pay for equal work for men and women; (e) preservation of the health and strength of workers and children against forcible abuse; and (f) opportunities for healthy development of children (Article 39).
• To promote equal justice and to provide free legal aid to the poor (Article 39A).
• To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (Article 41).
• To make provision for just and humane conditions of work and maternity relief (Article 42).
• To secure a living wage, a decent standard of life and social and cultural opportunities for all workers (Article 43).
• To take steps to secure the participation of workers in the management of industries (Article 43A).
• To raise the level of nutrition and the standard of living of people and to improve public health (Article 47).

Statement 1 is incorrect: Courts can also take Suo Moto cognizance of the matter.
Statement 2 is incorrect: Landlord– tenant matters cannot be settled through PIL.
Public Interest Litigation (PIL)

• The introduction of PIL in India was facilitated by the relaxation of the traditional rule of ‘locus standi’. According to this rule, only that person whose rights are infringed alone can move the court for the remedies, whereas, the PIL is an exception to this traditional rule. In PIL, any member of the public having ‘suffi cient interest’ can approach the court for enforcing the rights of other persons and redressal of a common grievance.
• The judiciary, including Supreme Court, entertained litigation from those parties that were affected directly or indirectly by it. It means that even people, who are not directly involved in the case, may bring to the notice of the Court matters of public interest. Courts can also take Suo-Moto cognizance of the matter.

The cases falling under the following categories will not be entertained as PIL:

• Landlord–tenant matters
• Service matter and those pertaining to pension and gratuity
• Complaints against Central/State Government departments and Local Bodies.
• Admission to medical and other educational institution
• Petitions for early hearing of cases pending in High Courts and Subordinate Courts

Supreme Court laid down the following guidelines for checking the misuse of the PIL:

• The court must encourage genuine and bona fide PIL and effectively discourage and curb the PIL field for extraneous considerations.
• Instead of every individual Judge devising his own procedure for dealing with PIL, it would be appropriate for each High Court to properly formulate rules for encouraging the genuine PIL fil ed and discouraging PIL filed with oblique motives.
• The Court should prima facie verify the credentials of the petitioner before entertaining the PIL.
• The Court shall be prima facie satisfied regarding the correctness of the contents of petition before entertaining the PIL.
• The Court should be fully satisfied that substantial public interest is involved before entertaining the petition.
• The Court should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions.
• The Court before entertaining the PIL must ensure that the PIL is aimed at redressal of genuine public harm and public injury. The Court should also ensure that there is no personal gain, private motive or oblique motive behind filing PIL.
• The Court should also ensure that the petition filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations.

Statement 2 is incorrect: No such amendment can be proposed to the appropriation bill in either house of the Parliament that will have the effect of varying the amount or altering the destination of any grant voted, or of varying the amount of any expenditure charged on the Consolidated Fund of India.
Passing of Appropriation Bill
1. The Constitution states that no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law. Accordingly, an appropriation bill is introduced to provide for the appropriation, out of the Consolidated Fund of India, all money required to meet:

• The grants voted by the Lok Sabha.
• The expenditure charged on the Consolidated Fund of India.

2. No such amendment can be proposed to the appropriation bill in either house of the Parliament that will have the effect of varying the amount or altering the destination of any grant voted, or of varying the amount of any expenditure charged on the Consolidated Fund of India.
3. The Appropriation Bill becomes the Appropriation Act after it is assented to by the President. This act authorises (or legalises) the payments from the Consolidated Fund of India. This means that the government cannot withdraw money from the Consolidated Fund of India till the enactment of the appropriation bill.
4. This takes time and usually goes on till the end of April. But the government needs money to carry on its normal activities after 31 March (the end of the financial year). To overcome this functional difficulty, the Constitution has authorised the Lok Sabha to make any grant in advance in respect to the estimated expenditure for a part of the financial year, pending the completion of the voting of the demands for grants and the enactment of the appropriation bill. This provision is known as the ‘vote on account’. It is passed (or granted) after the general discussion on budget is over. It is generally granted for two months for an amount equivalent to one sixth of the total estimation.

All the statements are correct
Definition of State
The term ‘State’ has been used in different provisions concerning the Fundamental Rights. Hence, Article 12 has defi ned the term for the purposes of Part III. According to it, the State includes the following:

• Government and Parliament of India, that is, executive and legislative organs of the Union government.
• Government and Legislature of states, that is, executive and legislative organs of State governments.
• All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.
• All local authorities, that is, municipalities, Panchayats, district boards, improvement trusts, etc.

Thus, State has been defined in a wider sense so as to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights.
According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12.

Statement 2 is incorrect: It examines the budget estimates only after they have been voted by the Parliament, and not before that.
Estimates Committee 

• Estimates Committee is a Parliamentary Committee in India consisting of 30 Lok Sabha members, to examine the budget estimates of the Union Government.
• All the thirty members are from Lok Sabha only. The Rajya Sabha has no representation in this committee.
• These members are elected by the Lok Sabha every year from amongst its own members, according to the principles of proportional representation by means of a single transferable vote. Thus, all parties get due representation in it.
• The term of office is one year.
• A minister cannot be elected as a member of the committee.
• The chairman of the committee is appointed by the Speaker from amongst its members and he is invariably from the ruling party. 

Functions of the Estimates Committee:

• To report what economies, improvements in organisation, efficiency and administrative reform consistent with the policy underlying the estimates, can be affected.
• To suggest alternative policies in order to bring about efficiency and economy in administration.
• To examine whether the money is well laid out within the limits of the policy implied in the estimates.
• To suggest the form in which the estimates are to be presented to Parliament.

Role of estimate committee:
The effectiveness of the role of the committee is limited by the following: 

• It examines the budget estimates only after they have been voted by the Parliament, and not before that.
• It cannot question the policies laid down by the Parliament.
• Its recommendations are advisory and not binding on the ministries.
• It examines every year only certain selected ministries and departments. Thus, by rotation, it would cover all of them over a number of years.
• It lacks the expert assistance of the CAG which is available to the Public Accounts Committee.
• Its work is in the nature of a post-mortem.

Both Statements are correct
Loss of Citizenship
The Citizenship Act, 1955, prescribes three ways of losing citizenship whether acquired under the Act or prior to it under the Constitution, viz, renunciation, termination and deprivation:
1. By Renunciation: Any citizen of India of full age and capacity can make a declaration renouncing his Indian citizenship. Upon the registration of that declaration, that person ceases to be a citizen of India. However, if such a declaration is made during a war in which India is engaged, its registration shall be withheld by the Central Government.
2. Further, when a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship.
3. By Termination: When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country, his Indian citizenship automatically terminates. This provision, however, does not apply during a war in which India is engaged.
4. By Deprivation: It is a compulsory termination of Indian citizenship by the Central government, if:

• The citizen has obtained the citizenship by fraud:
• The citizen has shown disloyalty to the Constitution of India:
• The citizen has unlawfully traded or communicated with the enemy during a war;
• The citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years; and
• The citizen has been ordinarily resident out of India for seven years continuously.

• All statements are correct:
Right to Freedom of Religion
• Right to Freedom of Religion says that every citizen of the State has the right to not only practice but also profess and propagate the religion of his/her choice.

All statements are incorrect: Ordinary dispute of commercial nature between the centre and the states, inter-water state disputes and recovery of damages by a state against the centre are not included in the under original jurisdiction of the Supreme Court.
Jurisdiction and Powers of Supreme Court
1. The Constitution has conferred vast powers and extensive jurisdiction on the Supreme Court (SC).
2. SC is the final interpreter and guardian of the Constitution and guarantor of the Fundamental Rights of the citizens.
3. The jurisdiction and powers of the SC can be classified into the following:

• Original jurisdiction
• Writ jurisdiction
• Appellate jurisdiction
• Advisory jurisdiction 
• A Court of Record
• Power of Judicial Review
• Other Powers 

Original Jurisdiction of Supreme Court (SC)
SC decides the disputes between different units of the Indian Federation like:

• The Centre and one or more states; or
• The Centre and any state or states on one side and one or more states on the other; or
• Between two or more states.

In the above federal disputes, the SC 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.
Further, original jurisdiction of the SC does not extend to the following:

• A dispute arising out of any pre-Constitution treaty, agreement, covenant, engagement, sanad or other similar instrument.
• A dispute arising out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extend to such a dispute.
• Inter-state water disputes
• 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.
• Recovery of damages by a state against the Centre. 

Statement 1 is incorrect: Added a new article 21-A in Fundamental Rights.
Statement 2 is incorrect: Changed the subject matter of Article 45 in Directive Principles.
Eighty-Sixth Amendment Act, 2002

• Made elementary education a fundamental right. The newly-added Article 21-A declares that “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may determine”.
• Changed the subject matter of Article 45 in Directive Principles. It now reads— “The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years”.
• Added a new fundamental duty under Article 51-A which reads—“It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years”.

Statement 1 is incorrect: Indian socialism is a ‘democratic socialism’ (not a State Socialism) which supports the ‘mixed economy’ where both public and private sectors co-exist.
Statement 3 is incorrect: The new economic policy (1991) of liberalisation, privatisation and globalisation has, diluted the socialist credentials of the Indian State.
Indian Socialism

• Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism’.
• Even before the term was added by the 42^nd Amendment in 1976, the Constitution had a socialist content in the form of certain Directive Principles of State Policy.

Statement 2 is incorrect: The administrative expenses of the office of the CAG, including all salaries, allowances and pensions of persons serving in that office are charged upon the Consolidated Fund of India.
Comptroller and Auditor General of India (CAG)
The Constitution has made the following provisions to safeguard and ensure the independence of CAG:

• He is not eligible for further office, either under the Government of India or of any state, after he ceases to hold his office.
• His salary and other service conditions are determined by the Parliament. His salary is equal to that of a judge of the Supreme Court.
• The administrative expenses of the office of the CAG, including all salaries, allowances and pensions of persons serving in that office are charged upon the Consolidated Fund of India.  

Other Provisions:

• He is provided with the security of tenure. He can be removed by the President only in accordance with the procedure mentioned in the Constitution. Thus, he does not hold his offi ce till the pleasure of the President, though he is appointed by him.
• Neither his salary nor his rights in respect of leave of absence, pension or age of retirement can be altered to his disadvantage after his appointment.
• The conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the CAG are prescribed by the President after consultation with the CAG.
• No minister can represent the CAG in Parliament (both Houses) and no minister can be called upon to take any responsibility for any actions done by him.

All statements are correct
Features of Parliamentary Government
The features or principles of parliamentary government in India are:

• Nominal and Real Executives: The President is the nominal executive (de jure executive or titular executive) while the Prime Minister is the real executive (de facto executive). Thus, the President is head of the State, while the Prime Minister is head of the government. Article 74 provides for a council of ministers headed by the Prime Minister to aid and advise the President in the exercise of his functions. The advice so tendered is binding on the President.
• Majority Party Rule: The political party which secures majority seats in the Lok Sabha forms the government. The leader of that party is appointed as the Prime Minister by the President; other ministers are appointed by the President on the advice of the prime minister. However, when no single party gets the majority, a coalition of parties may be invited by the President to form the government.
• Collective Responsibility: This is the bedrock principle of parliamentary government. The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular (Article 75). They act as a team, and swim and sink together. The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e., council of ministers headed by the prime minister) from office by passing a vote of no confidence.
• Political Homogeneity: Political homogeneity within a scientific field nurtures threats to the validity of many research conclusions by allowing ideologically compatible values to influence interpretations, by minimizing skepticism, and by creating premature consensus.

Statement 1 is incorrect: Originally (in 1951), the Ninth Schedule contained only 13 acts and regulations but at present, their number has reached  to 284.
Statement 2 is incorrect: The eleventh schedule of the Indian Constitution deals with the provisions of the Panchayati Raj institutions.
Statement 3 is incorrect: In I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule.
Schedules in the Indian constitution:
The Schedules are like appendices to the Constitution. They contain some minute details pertaining to the basic framework established in the Articles within the Parts of the Constitution.
Indian Constitution had originally eight schedules. Now it has  12 schedules.

• The 9th Schedule was added by the First Amendment Act of Constitution.
• The 10th Schedule was added by 35th Amendment {Sikkim as Associate State}.
• Once Sikkim became a state of India, the 10th Schedule was repealed but later added once again by the 52nd Amendment Act, 1985 in context with the “Anti-defection” law.
• The 11th  & 12th  Schedules in the Indian Constitution were added by the 73rd and 74th Constitutional Amendments respectively.

Ninth Schedule of the Constitution

• It includes the acts and regulations (originally 13 but presently 284) of the state legislatures dealing with land reforms and the abolition of the Zamindari system and of the Parliament dealing with other matters.
• This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
• Article 31B immunises any law included in the Ninth Schedule from all the fundamental rights.
• However, in I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. The court held that judicial review is a ‘basic feature’ of the constitution and it could not be taken away by putting a law under the Ninth Schedule. It said that the laws placed under the Ninth Schedule after April 24, 1973, are open to challenge in court if they violate fundamentals rights guaranteed under Articles 14, 15, 19 and 21 or the ‘basic structure’ of the constitution. 

Statement 2 is incorrect: Any individual who is not a member of either House of Parliament has to become a member of either House within a period of six months. 
Appointment of Ministers

• The Prime Minister is appointed by the President, while the other ministers are appointed by the President on the advice of the Prime Minister.
• This means that the President can appoint only those persons as ministers who are recommended by the Prime minister. Usually, the members of Parliament, either Lok Sabha or Rajya Sabha, are appointed as ministers.
• A person who is not a member of either House of Parliament can also be appointed as a minister.
• But, within six months, he/she must become a member (either by election or by nomination) of either House of the Parliament, otherwise, he/she ceases to be a minister.
• A minister who is a member of one House of Parliament has the right to speak and to take part in the proceedings of the other House also, but he/she can vote only in the House of which he/she is a member.

Statement 2 is incorrect: The Speaker of Lok Sabha is the ex-officio President of all the Forums except the Parliamentary Forum on Population and Public Health.
Statement 3 is incorrect: The meetings of the forums are held from time to time, as may be necessary, during Parliament sessions.
Parliamentary Forums
The first Parliamentary Forum on Water Conservation and Management was constituted in the year 2005. The 15th Lok Sabha had 8 such forums.
The objectives behind the constitution of the Parliamentary forums are:
1. To provide a platform to the members to have interactions with the ministers concerned, experts and key officials from the nodal ministries with a view to have a focused and meaningful discussion on critical issues
2. To sensitize members about the key areas of concern and also about the ground level situation and equip them with the latest information, knowledge, technical know-how and valuable inputs from experts both from the country and abroad
3. To prepare a data-base through collection of data on critical issues from ministries concerned, reliable NGOs, newspapers, United Nations, Internet, etc. 

• The Speaker of Lok Sabha is the exofficio President of all the Forums except the Parliamentary Forum on Population and Public Health wherein the Chairman of Rajya Sabha is the exofficio President and the Speaker is the ex-officio Co-President.
• The Deputy Chairman of Rajya Sabha, the Deputy Speaker of Lok Sabha, the concerned Ministers and the Chairmen of Departmentally-Related Standing Committees are the ex-officio Vice- Presidents of the respective Forums.
• Each Forum consists of not more than 31 members (excluding the President, CoPresident and Vice-Presidents) out of whom not more than 21 are from the Lok Sabha and not more than 10 are from the Rajya Sabha.
• The meetings of the forums are held from time to time, as may be necessary, during Parliament sessions.

• Option (a) is incorrect: Age of an applicant is not a criterion for acquiring the citizenship in India. 
Citizenship in India
• Age of an applicant is not a criterion either under the India Constitution or under Citizenship Act 1955 for acquiring the citizenship in India. Citizenship can be acquired by the birth, registration, descent, and Naturalization.

All statements are correct
Powers of Prime Minister
In Relation to Council of Ministers

• The Prime Minister enjoys the following powers as head of the Union council of ministers:
• He recommends persons who can be appointed as ministers by the President. The President can appoint only those persons as ministers who are recommended by the Prime Minister.
• He allocates and reshuffles various portfolios among the ministers.
• He can ask a minister to resign or advise the President to dismiss him in case of difference of opinion.
• He presides over the meeting of council of ministers and influences its decisions.
• He guides, directs, controls, and coordinates the activities of all the ministers.
• He can bring about the collapse of the council of ministers by resigning from office.

In Relation to Parliament

• He advises the President with regard to summoning and proroguing of the sessions of the Parliament.
• He can recommend dissolution of the Lok Sabha to President at any time.
• He announces government policies on the floor of the House.

Other Powers & Functions

• He is the chairman of the Planning Commission (now NITI Aayog), National Development Council, National Integration Council, Inter-State Council and National Water Resources Council.
• He plays a significant role in shaping the foreign policy of the country.
• He is the chief spokesman of the Union government.
• He is the crisis manager-in-chief at the political level during emergencies.
• As a leader of the nation, he meets various sections of people in different states and receives memoranda from them regarding their problems, and so on.
• He is leader of the party in power.
• He is political head of the services.

Option (a) is correct: The NGO-DARPAN started out as an initiative of the Prime Minister’s Office.
NGO-DARPAN

• NGO-DARPAN is a platform that provides space for the interface between Non Government organizations (NGOs)/ Voluntary Organizations (VOs) in the country and key Government Ministries / Departments / Government Bodies.
• It started out as an initiative of the Prime Minister’s Office, to create and promote a healthy partnership between NGOs/VOs and the Government of India. Now it is an e-governance application offered by NITI Aayog to electronically maintain data and transparency regarding NGOs/ VOs in the country.
• In order to transact business with line Ministries/ Departments, an NGO has to first sign-up on the NGO-DARPAN portal to obtain a Unique Identity Number (UIN) by furnishing the required details like registration number of the organization, PAN of the organization, PAN and Aadhar details of the office bearers/trustees, etc.
• Ministries/Departments implementing schemes through the NGOs are also required to develop their own portals and integrate the same with the NGO-Darpan to facilitate seamless flow of information regarding the fund flow, projects implemented, etc. about the NGOs. The Ministries/Departments can also verify the antecedents of the NGOs through this integrated system before considering any application from NGOs for grants.
• Before December 2016, the portal had about 85000 NGOs in its database. However, after mandating PAN and Aadhaar details of office bearers, there has been a reduction in the number of NGOs in the portal. Till 7th December 2017, a total of 24035 NGOs have signed up on NGO Darpan Portal.
• 18 Ministries/ Departments have developed and integrated their portals with NGO Darpan. Five Ministries are in the process of developing their portals.
• The MIS report generated from NGO Darpan suggests that as on 7 December 2017, upto 10 ministries/departments have released grants of Rs. 267 crore to 356 NGOs under 42 Schemes.
• NGO Darpan has been successfully integrated with the Public Financial Management System (PFMS). As per the PFMS window a total amount of Rs. 1895 crore has been released to 1029 NGOs under 221 schemes of 34 ministries/departments during 2017-18 (as on 7 December 2017).

Statement 1 is incorrect: Citizens of Pakistan or Bangladesh are not eligible to apply for Overseas Citizenship of India (OCI).
Citizenship
The following categories of persons (except Pakistan and Bangladesh)  are eligible to apply under OCI scheme:

• Who is a citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the constitution; or
• Who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the constitution; or
• Who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or
• Who is a child or a grand-child or a great grandchild of such a citizen 
• Overseas Citizen of India (OCI) card holder can buy/sell real estate in India,As per the guidelines issued by Reserve Bank of India, an NRI or OCI card holder can invest in any residential or commercial property. The guidelines also state that one can buy any number of residential or commercial properties.

Overseas Citizenship of India allows a holder:

• Multiple-entry, multi-purpose lifelong visa to visit India
• Exemption from foreigner registration requirements for any length of stay in India
• Parity with non-resident Indians in financial, economic and educational fields except in the acquisition of agricultural or plantation properties.

Statement 2 is incorrect: The Salaries and Allowances of Leaders of Opposition in Parliament Act, 1977 makes no reference to the 10-percent rule for the recognition of the office of leader of opposition.
Leader of Opposition (LoO)

• He/she is the leader of the largest party that has not less than one-tenth of the total strength of the house.
• It is a statutory post defined in the Salaries and Allowances of Leaders of Opposition in Parliament Act, 1977.
• This Act extends to LoOs in the Lok Sabha and the Rajya Sabha the same official status, allowances and perks that are admissible to Cabinet Ministers.
• The same functionary in USA is known as the ‘minority leader’.

Significance of the office

• His main functions are to provide a constructive criticism of the policies of the government and to provide an alternative government.
• LoO is referred to as the ‘shadow Prime Minister’. She/he is expected to be ready to take over if the government falls.
• The LoO also plays an important role in bringing cohesiveness and effectiveness to the opposition’s functioning in policy and legislative work.
• LoO plays a crucial role in bringing bipartisanship and neutrality to the appointments in institutions of accountability and transparency – CVC, CBI, CIC, Lokpal etc.
• However, there is no provision in the Constitution or even in the Lok Sabha Rules of Procedure in regard to the recognition of the LoO.
• Besides, the 10% rule of LoO is inconsistent with the law ‘the salary and allowances of leaders of opposition in Parliament Act, 1977’ which only says that the largest opposition party should get the post.

All statements are correct
Parliamentary Privileges
1. Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members.
2. They are necessary in order to secure the independence and effectiveness of their actions.
3. The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the attorney general of India and Union ministers.
4. Parliament, till now, has not made any special law to exhaustively codify all the privileges. They are based on five sources, namely:

• Constitutional provisions
• Various laws made by Parliament
• Rules of both the Houses
• Parliamentary conventions
• Judicial interpretations

Option (c) is correct: Indian Independence Act of 1947 has  the provisions mentioned above.
Indian Independence Act, 1947

• It ended the British rule in India and declared India as an independent and sovereign state from August 15,1947.
• It provided for the partition of India and creation of two independent dominions of India and Pakistan with the right to secede from the British Commonwealth.
• It abolished the office of viceroy and provided, for each dominion, a governor-general, who was to be appointed by the British King on the advice of the dominion cabinet. His Majesty’s Government in Britain was to have no responsibility with respect to the Government of India or Pakistan.
• It empowered the Constituent Assemblies of the two dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British Parliament, including the Independence act itself.
• It empowered the Constituent Assemblies of both the dominions to legislate for their respective territories till the new constitutions were drafted and enforced. No Act of the British Parliament passed after August 15, 1947 was to extend to either of the new dominions unless it was extended thereto by a law of the legislature of the dominion.
• It abolished the office of the Secretary of State for India and transferred his functions to the secretary of state for Commonwealth Affairs.
• It proclaimed the lapse of British paramountcy over the Indian princely states and treaty relations with tribal areas from August 15,1947.
• It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent.
• It provided for the governance of each of the dominions and the provinces by the Government of India Act of 1935, till the new Constitutions were framed. The dominions were however authorised to make modifications in the Act.
• It designated the Governor-General of India and the provincial governors to act on the advice of the respective Council of Ministers in all matters.
• It discontinued the appointment to civil services and reservation of posts by the Secretary of State for India.

Statement 2 is incorrect:  The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament.
Statement 3 is incorrect: In the first batch, the retirement of one-third members were decided by lottery system.
Duration of Rajya Sabha

• The Rajya Sabha (first constituted in 1952) is a continuing chamber, means it is a permanent body and not subject to dissolution.
• It is the Upper House (Second Chamber or House of Elders) which represents the states and union territories of the Indian Union.
• However, one-third of its members retire every second year. Their seats are filled up by fresh elections and Presidential nominations at the beginning of every third year.
• Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years.
• The act also empowered the President of India to curtail the term of members chosen in the first Rajya Sabha.

Statement 2 is incorrect: The precedent of appointing a caretaker PM may be followed (as in case of death of Jawaharlal Nehru and Lal Bahadur Shastri) or may not be followed (as in case of Indira Gandhi). 
Caretaker Government

• A caretaker government is a temporary government that performs some governmental duties and functions in a country until a regular government is elected or formed.
• Caretaker governments may be put in place when a government in a parliamentary system is defeated in a motion of no confidence or in the case when the house to which the government is responsible is dissolved, to be in place for an interim period until an election is held and a new government is formed.
• In this sense, in some countries which use a Westminster system of government, the caretaker government is simply the incumbent government, which continues to operate in the interim period between the normal dissolution of parliament for the purpose of holding an election and the formation of a new government after the election results are known.
• Unlike in ordinary times, the caretaker government’s activities are limited by custom and convention.
• In systems where coalition governments are frequent a caretaker government may be installed temporarily while negotiations to form a new coalition take place. This usually occurs either immediately after an election in which there is no clear victor or if one coalition government collapses and a new one must be negotiated.

Discretionary Powers of President

• Though the President has no constitutional discretion, he has some situational discretion like in appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in office thes suddenly and there is no obvious successor.
• In such a situation, the President usually appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month. This discretion was exercised by the President, for the first time in 1979, when Neelam Sanjiva Reddy (the then President) appointed Charan Singh (the coalition leader) as the Prime Minister after the fall of the Janata Party government headed by Morarji Desai.
• On the death of Jawaharlal Nehru and Lal Bahadur Shastri when the leadership was contested, the President made temporary arrangements by appointing the seniormost minister (Gulzari Lal Nanda) as the Prime Minister, until the formal election of the leader by the party. However when Indira Gandhi was assassinated in 1984, the then President Zail Singh appointed Rajiv Gandhi as the Prime Minister by ignoring the precedent of appointing a caretaker Prime Minister.

Constituent Assembly Committee

• Constituent Assembly appointed different committees for different tasks of constitution making. Out of these, eight were major committees and the others were minor committees.
• Union Powers Committee, Union Constitution Committee and States Committee (Committee for Negotiating with States) were chaired by Jawaharlal Nehru.
• Provincial Constitution Committee and Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas were chaired by Sardar Patel.
• Rules of Procedure Committee and Steering Committee were chaired by Dr. Rajendra Prasad.
• Drafting Committee was chaired by Dr. B.R. Ambedkar.

Statement 1 is incorrect: All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final.
Statement 2 is incorrect: The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister.
Provisions mentioned in the Constitution

• All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final. The election of a person as Vice-President cannot be challenged on the ground that the Electoral College was incomplete (i.e., existence of any vacancy among the members of Electoral College). If the election of a person as Vice- President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated (i.e., they continue to remain in force).
• The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister. Article 75 says only that the Prime Minister shall be appointed by the president. Prime minister recommends persons who can be appointed as ministers by the President. The President can appoint only those persons as ministers who are recommended by the Prime Minister.

Both statements are correct
Unlawful Activities (Prevention) Amendment Act, 2019
1. The Unlawful Activities Amendment Act, 1967 was recently amended reassuring India’s commitment to finish terror from its soil.
2. The objective of the new amendments is to facilitate speedy investigation and prosecution in terror-related offences. The most important part of it is allowing an individual to be designated as a terrorist, a measure that is in line with the global practices.
Salient features of the amendment act are:

• The amendment seeks to allow the government to designate an individual as terrorist and bring in embargo on arms/assets seizures.
• Under the law, personal/financial information of an individual designated as terrorist can be shared with various Western agencies.
• Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above.  The amendment additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.
• The Amendment gives powers to DG, NIA to attach properties acquired from proceeds of terrorism.
• The bill seeks to empower NIA to conduct raids anywhere without the relevant state government’s prior permission.
• The act adds another treaty International Convention for Suppression of Acts of Nuclear Terrorism (2005) to the schedule of treaties which already contain 9 treaties including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979).

Statement 4 is incorrect: If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter.
Parliamentary Legislation in subjects of the State list
Constitution empowers the Parliament to make laws on any matter enumerated in the State List under the following five extraordinary circumstances:

• When Rajya Sabha Passes a Resolution: If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws on a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two thirds of the members present and voting. The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time. The laws cease to have effect on the expiration of six months after the resolution has ceased to be in force. This provision does not restrict the power of a state legislature to make laws on the same matter. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.
• During a National Emergency: The Parliament acquires the power to legislate with respect to matters in the State List, while a proclamation of national emergency is in operation. The laws become inoperative on the expiration of six months after the emergency has ceased to operate. Here also, the power of a state legislature to make laws on the same matter is not restricted. But, in case of repugnancy between a state law and a parliamentary law, the latter is to prevail.
• When States Make a Request: When the legislatures of two or more states pass resolutions requesting the Parliament to enact laws on a matter in the State List, then the Parliament can make laws for regulating that matter. A law so enacted applies only to those states which have passed the resolutions. However, any other state may adopt it afterwards by passing a resolution to that effect in its legislature. Such a law can be amended or repealed only by the Parliament and not by the legislatures of the concerned states.
• To Implement International Agreements: The Parliament can make laws on any matter in the State List for implementing the international treaties, agreements or conventions. This provision enables the Central government to fulfil its international obligations and commitments. Some examples of laws enacted under the above provision are United Nations (Privileges and Immunities) Act, 1947; Geneva Convention Act, 1960; Anti-Hijacking Act, 1982 and legislations relating to environment and TRIPS.
• During President’s Rule: When the President’s rule is imposed in a state, the Parliament becomes empowered to make laws with respect to any matter in the State List in relation to that state. A law made so by the Parliament continues to be operative even after the president’s rule. This means that the period for which such a law remains in force is not co-terminus with the duration of the President’s rule. But, such a law can be repealed or altered or re-enacted by the state legislature.

Both statements are correct
Landmark Constitutional Cases

• Golaknath case, is the case in which Supreme Court declared that Fundamental Rights enshrined in Part 3 are immutable and cannot be amended. The validity of the First and Seventeenth Amendments to the Constitution in so far as they affect the fundamental rights was again challenged is this case. The fourth amendment was also challenged.
• The Supreme Court adopted a doctrine of prospective overruling under which the three constitutional amendments concerned would continue to be valid. Moreover, the Supreme Court held that Article 368 dealt only with the procedure for amendment and an amendment to the Constitution is made a part of the normal legislative process. It is, therefore, a “law” for the purpose of Article 13 (2).
• To get over the decision of the Supreme Court in Golaknath’s case the Constitution 24th Amendment Act was passed in 1971 in which changes to articles 13 and 368 was made.
• In Kesavananda Bharati case Supreme Court introduced doctrine of basic structure, i.e., Parliament has power to amend without altering basic structure of the Constitution. The Court held that although no part of the Constitution, including Fundamental Rights, was beyond the amending power of Parliament, the “basic structure of the Constitution could not be abrogated even by a Constitutional Amendment.
• It is a landmark judgement of the Supreme Court of India, and is the basis in Indian law for the exercise of the power to judicial review, and strike down amendments to the Constitution of India passed by the Indian Parliament which conflict with the Constitution’s basic structure.

Statement 3 is incorrect: A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
Dissolution and its Effects

• Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution.
• When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions etc. pending before it or its committees lapse. They (to be pursued further) must be reintroduced in the newly constituted Lok Sabha. [Prorogation does not affect the bills or any other business pending before the house. However all pending notices (other than those for introducing bills) lapse on prorogation.
• However, some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse on the dissolution of the Lok Sabha.

The position with respect to lapsing of bills is as follows:

• A bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to it by the Rajya Sabha).
• A bill passed by the Lok Sabha but pending in the Rajya Sabha lapses
• A bill not passed by the two Houses due to disagreement and if the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse
• A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse
• A bill passed by both Houses but pending assent of the president does not lapse
• A bill passed by both Houses but returned by the president for reconsideration of Houses does not lapse