Test: Constitutional Framework - Bank Exams MCQ

From time to time, the sessions of the parliament are called upon by president. According to constitution, the maximum gap between two sessions cannot be more than six months. Thus, in each year, there must be two sessions of parliament. However, there are usually three sessions viz. Budget session (between February to May), Monsoon Session (between July to September) and Winter Session (Between November to December).

The principles of Republic and the ideals of liberty, equality and fraternity in the Preamble of the Constitution of India are borrowed from the French Constitution. These ideals were born during the French Revolution of 1789.

Constitution (94th) Amendment Act, 2006 freed Bihar from the obligation of having a tribal welfare minister and extended the same provision to Jharkhand and Chhattisgarh. This provision is now applicable to Jharkhand, Chhattisgarh, Madhya Pradesh and Odisha as per article 164. Thus, existing Article-164 of the Constitution says that in the states of Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.

Each house has its own Business Advisory Committee. Business Advisory Committee of Lok Sabha consists of 15 members including the Speaker who is the ex-officio Chairman. The members are nominated by the Speaker. Almost all sections of the House are represented on the Committee as per the respective strength of parties in the House. The function of the Committee is to recommend the time that should be allotted for the discussion of such Government legislative and other business as the Speaker, in consultation with the Leader of the House, may direct to be referred to the Committee. The Committee, on its own initiative, may also recommend to the Government to bring forward particular subjects for discussion in the House and recommend allocation of time for such discussions. The decisions reached by the Committee are always unanimous in character and representative of the collective view of the House. The Committee generally meets at the beginning of each Session and thereafter as and when necessary.

Right to Freedom: 

• The Right to Freedom is covered in Articles 19 to 22, with the view of guaranteeing individual rights that were considered vital by the framers of the Constitution, and these Articles also include certain restrictions that may be imposed by the State on individual liberty under specified conditions. 
  • In the Lata Singh vs. State of Uttar Pradesh case, the Supreme court viewed the right to marry as a component of the right to life under Article 21. Hence option 4 is correct.
• Article 21, which prevents the encroachment of life or personal liberty by the State except in accordance with the procedure established by law, was, until 1978, construed narrowly as being restricted to executive action.
• However, in 1978, the Supreme Court in the case of Maneka Gandhi v. Union of India extended the protection of Article 21 to legislative action, holding that any law laying down a procedure must be just, fair and reasonable, and effective due process into Article 21. 
• In the same case, the Supreme Court also ruled that "life" under Article 21 meant more than a mere "animal existence"; it would include the right to live with human dignity and all other aspects which made life "meaningful, complete and worth living".

• The Family Courts (Amendment) Bill, 2022 was introduced in Lok Sabha on July 18, 2022.
• This bill was passed by Lok Sabha on 26th July 2022, and it seeks to amend the Family Courts Act, 1984.
• The bill was passed by Rajya Sabha on 4 Aug 2022.
• This bill has granted statutory cover to already established family courts in Himachal Pradesh and Nagaland. 
• The Bill seeks to extend the scope of the Act for the establishment of Family Courts in the State of Himachal Pradesh with effect from the 15th of February 2019 and in the State of Nagaland with effect from the 12th of September 2008. 
• Every order of appointment of a person as a Judge of a Family Court and every order of posting, promotion or transfer, as the case may be, made under this Act in the States of Himachal Pradesh and Nagaland prior to the commencement of the Family Courts (Amendment) Act, 2022 shall be deemed to be validly made under the provisions of this Act.

Constitutional provision for Sikkim:

• The 36th Constitutional Amendment Act of 1975 made Sikkim a full-fledged state of the Indian Union.
• It included a new Article 371 F containing special provisions with respect to Sikkim. Hence option 2 is correct.
• The Sikkim Legislative Assembly is to consist of not less than 30 members.
• One seat is allotted to Sikkim in the Lok Sabha and Sikkim forms one Parliamentary constituency.
• For the purpose of protecting the rights and interests of the different sections of the Sikkim population, the Parliament is empowered to provide for the:
  (i) number of seats in the Sikkim Legislative Assembly which may filled by candidates belonging to such sections; and
  (ii) delimitation of the Assembly constituencies from which candida belonging to such sections alone may stand for election to  Assembly.
• The Governor shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of the different sections of the Sikkim population. In the discharge of this responsibility, the Governor shall act in his discretion, subject to the directions issued by the President.
• The President can extend (with restrictions or modifications) to Sikkim any law which is in force in a state of the Indian Union.

• The Tenth schedule recently in news regarding the Supreme court's notice to Goa Assembly Speaker on MLA disqualification proceedings.
• The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another.
• The Tenth schedule added under the 52nd amendment act.

India acquired Goa, Daman and Diu from Portuguese by means of police action in 1961. They were constituted as a union territory by the 12th Constitution Amendment Act , 1962. However, Goa was conferred statehood in 1987.

• The head of the Executive Union is the President of the country In the Federal System of India.
• The real political, as well as social power, resides in the hands of the Prime Minister, who in turn heads the Council of Ministers.
• According to the Federal System of India, the Prime Minister and his Council of Ministers will advise and help the President.
• It is clearly stated in Article 74 (1) of the Indian Constitution, 
  • The Council of Members is answerable to the Lok Sabha or the House of People, as per the Federal System prevailing in India.
  • The Indian Constitution is subject to change, however, this change can only occur after the bill is passed with a majority of votes in the Parliament House.
  • Legislative powers are shared between the State Legislatures and the Parliament, while the rest of the powers are in the hands of the Parliament of India.
  • The Federal System in India conveys that the President, the Prime Minister, the Council of Ministers, and the Vice-President, together form the Union Executive