Polity - Practice Test (1) - UPSC MCQ

• The Commission includes 1 Chief Information Commissioner (CIC) and not more than 10 Information Commissioners (IC) who are appointed by the President of India.
• Candidates for CIC/IC must be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
• CIC/IC shall not be a Member of Parliament or Member of the Legislature of any State or Union Territory. He shall not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.

CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier. CIC is not eligible for reappointment. Same goes for CAG, chairman UPSC and CEC. Other members of Election Commission and UPSC are re-eligible for the post of chairman or chief.

Under the Cabinet Mission Plan of 1946, elections were held for the first time for the Constituent Assembly. The Constitution of India was drafted by the Constituent Assembly, and it was implemented under the Cabinet Mission Plan on 16 May 1946. The members of the Constituent Assembly were elected by the provincial assemblies by a single, transferable-vote system of proportional representation. The total membership of the Constituent Assembly was 389: 292 were representatives of the states, 93 represented the princely states and four were from the chief commissioner provinces of Delhi, Ajmer-Mewar, Coorg and British Baluchistan.

The Central Vigilance Commissioner or any Vigilance Commissioner can be removed from his office only by order of the President on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Central Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought to be removed. The President may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the Central Vigilance Commissioner or any Vigilance Commissioner in respect of whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the report of the Supreme Court on such reference. The President may, by order, remove from office the Central Vigilance Commissioner or any Vigilance Commissioner if the Central Vigilance Commissioner or such Vigilance Commissioner, as the case may be:

1.  Is adjudged an insolvent; or
2. Has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
3. Engages during his term of office in any paid employment outside the duties of his office; or
4. Is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
5. Has acquired such financial or other interest as is likely to affect prejudicially his functions as a Central Vigilance Commissioner or a Vigilance Commissioner

The following broad categories of criminal cases are handled by the CBI:

1. Cases of corruption and fraud committed by public servants of all Central Govt. Departments, Central Public Sector Undertakings and Central Financial Institutions.
2. Economic crimes, including bank frauds, financial frauds, Import Export & Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc.
3. Special Crimes, such as cases of terrorism, bomb blasts, sensational homicides, kidnapping for ransom and crimes committed by the mafia/the underworld.

1919 act brought dyarchy to provinces, there by relaxing central control over provinces despite dyarchy majority of decisions and final say was in the hands of viceroy.

As per the amendment the changes done to Constitution are:-

• In Part III of the Constitution, after words “or unions” the words “Cooperative Societies” was added.
• In Part IV a new Article 43B was inserted, which says: The state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies”.
• After Part IXA of the constitution, a Part IXB was inserted to accommodate state vs centre roles. Salient features Part IXB
• It makes Right to form cooperatives is a fundamental right.
• Reservation of one seat for SC/ST and two seats for women on the board of every co-operative society. Cooperatives could set up agency which would oversee election.
• Uniformity in the tenure of Cooperative Board of Directors.

Provisions for incorporation, regulation and winding up of co-operative societies based on the principles of democratic process and specifying the maximum number of directors as twenty-one. Providing for a fixed term of five years from the date of election in respect of the elected members of the board and its office bearers;

• Providing for a maximum time limit of six months during which a board of directors of co-operative society could be kept under suspension;
• Providing for independent professional audit;
• Providing for right of information to the members of the co-operative societies;
• Empowering the State Governments to obtain periodic reports of activities and accounts of cooperative societies; which have individuals as
• members from such categories;
• Providing for offences relating to co-operative societies and penalties in respect of such offences.

• The enactment of Administrative Tribunals Act in 1985 opened a new chapter in the sphere of administering justice to the aggrieved government servants.

• Administrative Tribunals Act owes its origin to Article 323-A of the Constitution which empowers Central Government to set-up by an Act of Parliament, Administrative Tribunals for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to the public service and posts in connection with the affairs of the Union and the States.

• In pursuance of the provisions contained in the Administrative Tribunals Act, 1985, the Administrative Tribunals set-up under it exercise original jurisdiction in respect of service matters of employees covered by it.

• As a result of the judgement dated 18 March 1997 of the Supreme Court, the appeals against the orders of an Administrative Tribunal shall lie before the Division Bench of the concerned High Court.

All India services controlled by the central and state governments. The ultimate control lies with the central government while the immediate control vested in the state government. Any disciplinary action against these officers can only be taken by the central government.
The personnel of Central services (even though are posted in states) work under the exclusive jurisdiction of the central government.

The constitution does not specify the castes or tribes which are to be called the SCs or the STs. It leaves to the president the power to specify as to what castes or tribes in each state and UT are to be treated as so in case of states concerned, the president issue the notification after consulting the governor of the state. But, any inclusion or exclusion of any cast or tribe from presidential notification can be done only by the Parliament and not by subsequent presidential notification.

The Election commissioner registers political parties for the purpose of elections and grants them recognition as national or state parties on the basis of their poll performance.
A political party is called a national party if :-

(i) it secures at least six percent(6%) of the valid votes polled in any four or more states, at a general election to the House of the People or, to the State Legislative Assembly; and
(ii) in addition, it wins at least four seats in the House of the People from any State or States. OR it wins at least two percent (2%) seats in the House of the People i.e. Lok Sabha, and these members are elected from at least three different States.

• Election commission (EC) has scratched all the previous criteria for being a state party. Previously, for being a state party a political party had to secure 6% of the total valid votes polled & in addition had to win some seats or atleast three percent of the total number of seats or three seats in the Legislative Assembly, whichever is more. Alternatively, a political party should secure at least six percent of the total valid votes polled in a State during a general election to Lok Sabha and win at least one seat in the Lok Sabha from that State, or the party should win at least one seat in the Lok Sabha for every 25 seats or any fraction thereof allotted to that State.

• Now, according to EC, any political party in the state which is able to secure 8% of the total Valid votes polled (by all of its candidates together) will be hence forth recognized as the state party, irrespective of the number of seats it secures. Also, if the party wins 6% of total Votes polled (not only Valid votes) it would qualify for that. In addition party should win one Assembly seat per 25 seats of that state.

The correct answer is:

1. 1 and 3 only

Explanation:

The grounds for disqualification on the basis of defection do not apply in the following cases:

1. Political party mergers - When political parties merge, members do not face disqualification under the Anti-Defection Law.

2. A candidate quitting political party - If a candidate voluntarily gives up the membership of a political party, it does not invoke the Anti-Defection Law unless the candidate joins another political party.

However,

1. Political party splits - If a political party splits and one-third of the members of a party join another party, it can lead to disqualification under the Anti-Defection Law.

Therefore, the correct answer is option 1: 1 and 3 only.

1 President
2 Vice-President 
3 Prime Minister 
4 Governors of states of India (within their respective States)
5 Former Presidents 
5A Deputy Prime Minister
6 Speaker of Lok Sabha, Chief Justice of India, Cabinet Ministers of the Union ,Chief Ministers of States (within their respective States), Deputy Chairman of NITI Aayog
7 Former Prime Ministers , Leaders of the Opposition in the Rajya Sabha and Lok Sabha 
7A Holders of the Bharat Ratna 
8 Ambassadors Extraordinary and Plenipotentiary and High Commissioners of Commonwealth countries accredited to India Chief Ministers of States (when outside their respective States) Governors of States (when outside their respective States)
9 Judges of Supreme Court of India (Justices of India)
9A Chairman, Union Public Service Commission 
     Chief Election Commissioner 
     Comptroller and Auditor General
10  Deputy Chairman, Rajya Sabha 
      Deputy Chief Ministers of States
      Deputy Speaker of Lok Sabha 
      Members of the Planning Commission
      Ministers of States of the Union
11 Lieutenant Governors within their respective Union Territories
     Attorney General of India
     Cabinet Secretary 

• Article 325 of Indian Constitution -There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.

• Article 328 of India Constitution - Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.

• FR clearly establish a secular, equitable, just and non-exploitative social fabric in India.
• FD provide a secular, fraternity and a patriotic aspect to the Indian citizens by making them respect the constitution, national flag, asking them render services to the nation and mankind etc.
• DPSP does so by providing for a more equitable work culture in men and women, minimizing inequalities in social and economic status: establishing the ideal of a welfare society.

Citizenship clauses need a simple majority only in the Parliament.
The same is true for changing the boundary of states and for changing number of judges

Features
The features of Parliamentary form of Government has been discussed below:
1. Existence of a Titular or Constitutional Ruler: The first characteristic feature of the parliamentary system is the existence of a Titular of Constitutional Ruler. Legally the administration of all the affairs of the state is conducted by the head of the state. In reality, however, the administration is carried by the Council of Ministers. The
Monarch or the President, as the case may be, is the head of the state, but not the head of the government.

2. Absence of Separation of Powers: In the parliamentary system the principle of separation of powers is not adopted. Here the three departments of government work in close, intimate contact, sharing some of the powers and functions of one another.

3. Main Role of the Lower House in Ministry-formation: In the parliamentary government the lower house of the legislature, i.e., the popular chamber plays a vital role in the formation of the ministry. The leader of the party or alliance which wins the majority in this house is appointed the Prime Minister or Chancellor. The constitutional ruler appoints the other members of the ministry on his advice.

4. Responsibility to the Legislature: In such a system the Cabinet or Ministry has to remain responsible to the legislature for all its activities and policies. In countries having bi-cameral legislatures, the Cabinet remains responsible to the lower house composed of the people’s representatives.

5. Collective Responsibility: The ministerial responsibility to the legislature may again be of two kinds:

- Individual responsibility, and
- Collective responsibility.

Individual responsibility means that the minister in charge of a department must be answerable for the activities of his department. But when the ministers remain jointly or collectively responsible to the legislature for the policies and activities of the government, it is called ‘collective responsibility’. Since no individual minister can unilaterally perform any business of government without the consent of the Cabinet, the entire Ministry or Cabinet has to remain accountable for the errors of the minister concerned.

6. Intimate relationship between the Legislature and the Executive: In the parliamentary system an intimate relationship exists between the executive and the legislative departments. So they can easily control each other. The leaders of the majority party or alliance in the legislature become the members of the Cabinet or Ministry. Naturally, the ministers can easily extend their influence on the legislature. Consequently, the programs and policies of the Cabinet are backed by a majority inside the legislature.

7. Leadership of the Prime Minister: The leadership of the Prime Minister is another major feature of the parliamentary system. The leader of the majority party in the legislature becomes the Prime Minister. Though, in theory, he is ‘primus inter pares’, i.e. ‘first among equals’, in reality, he possesses much greater power and status than the other ministers. As the undisputed leader of the majority party or alliance in the legislature he plays the most vital role in the determination and execution of government policies. Indeed, the success of parliamentary democracy depends, to a great extent, on the personality, efficiency and charisma of the Prime Minister.

8. Existence of a Strong Opposition: The existence of one or more strong and well organized opposition party or parties is the hall-mark of the parliamentary system. By criticizing the errors of the government, the opposition can compel it to adopt welfare measures and prevent it from becoming despotic. Judged from this angle, the opposition can be called the lifeforce of parliamentary democracy.

9. Cabinet Dictatorship: In the parliamentary system of government the cabinet has to perform manifold functions.

Article 74
(1) There shall be a Council of Ministers with the PM at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advises. (The matter in bold letters is added by the Forty-second Amendment of the Constitution of India in the year 1977)

Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advises tendered after such reconsideration. (This para is added by the Forty-fourth Amendment of the Constitution of India in the year 1978)

(2) The question if any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court. Duties of Prime Minister as respects the furnishing of information to the President, etc It shall be the duty of the Prime Minister
(a) To communicate to the President all decisions of the council of Ministers relating to the administration of the affairs of the union and proposals for legislation;
(b) To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and
(c) If the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council

The section 124A of Indian Penal Code relates to Sedition. It states that whoever brings or attempts to bring hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India shall be punished.

Power of President to consult Supreme Court

(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon. 

(2) The President may, notwithstanding anything in the proviso to Article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

• Article 13 gives the judiciary the powers to review the legislative and administrative rules
• Article 19: Protection of certain rights regarding freedom of speech, etc.
• Article 21: Protection of life and personal liberty.
• Article 32: The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed

• Proportional representation is a type of electoral system that decides the make-up of a parliament by allocating seats on the basis of the number of votes each party received. Although there are many different types of PR, this is the base requirement for a system to be described as proportional.
• Rather than the winner-take all approach of other systems, PR ensures that votes carry equal weight. To do this, multi-member constituencies are used. This means that a single area elects more than one representative. The size of this area can vary according to the system, ranging from the size of the whole country to a county or local vicinity.

Article 370 of the Indian constitution is an article that grants special autonomous status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution, which relates to Temporary, Transitional and Special Provisions.

370. Temporary provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything contained in this Constitution,
(a) The provisions of article 238 shall not apply now in relation to the state of Jammu and Kashmir.
(b) The power of Parliament to make laws for the said state shall be limited to-
(i) Those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

Explanation: For the purpose of this article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the
Council of Ministers of the State for the time being in office.
(c) The provisions of article 1 and of this article shall apply in relation to that State;
(d) Such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of subclause
(b) shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second provision to subclause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the
President issues such a notification

Article 74(1) clearly prescribes that the president is bound by the advice of the COM. Whereas in the case of Governor, the respective provision does not make the advice of the COM in state binding on him.

Schedule 5 and 6 areas not only defined and demarcated by the constitution, but also several administrative provisions like tribal advisory council; powers of gram sabhas in those areas. center-state relations have been given in so much detail containing even the minutest of provisions of taxation, administration and finances.

Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters

This Act amends the First Schedule of the Constitution to give effect to an agreement entered into by India and Bangladesh on the acquiring and transfer of territories between the two countries on May 16, 1974. Hence this legislation.

The term the Constitution (100th Amendment) Act, 2015 was in news in the fourth week of May 2015 as the President of India Pranab Mukherjee gave his assent to the Constitution (119th Amendment) Bill, 2013 that related to THE LAND BOUNDARY AGREEMENT (LBA) BETWEEN INDIA AND BANGLADESH.

(1) Any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368. The supreme court in 1969 ruled that Settlement of boundary Dispute between India and other country does not require a constitutional amendment. It also done by executive action as it does not involve cession of Indian territory to a foreign country.

• Unlike some of the Fundamental Rights which extend to all persons, whether citizens or foreigners, the Fundamental Duties are confined to citizens only and do not extend to foreigners.

• According to Article 58 of the Constitution, no person shall be eligible for election as President unless he is a citizen of India, has completed the age of thirty-five years and is qualified for election as a member of the House of the People.

• Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India. Article 5 speaks about the citizenship of India at the commencement of the Constitution (Nov 26, 1949). Article 11 gave powers to the Parliament of India to regulate the right of citizenship by law. This provision resulted in the enactment of Citizenship Act 1955 by the Indian Parliament.

Refer to the provisions of the Government of India Act 1935, to understand how these provisions affected Indian Constitution.

Features of Parliamentary Government
1. Nominal or Titular Head:
In a Parliamentary form of government, there two heads, namely, nominal and real. The nominal head is one who, though head of the state, is not head of government. His powers are more apparent than real. He may be hereditary or elected.
The British Queen is not elected. She got the throne on the heredity. But the President of India who is also a nominal head has been el Parliamentary-government the real powers are exercised by a Council of Ministers by a Prime Minister.
2. Collective Responsibility and Individual Responsibility:
The C Ministers is collectively responsible to the lower house of the legislature. It policy decisions collectively and it collectively goes out of office when it loses thee of the lower house of the legislature. A minister may express his disagreement policy when it is discussed in the cabinet meeting, but he has to defend and support the cabinet takes the decision. A minister is also individually responsible to the P for the acts of omission and commission of his department.

3. Political Homogeneity:
The ministers, normally being members of political party, share the same ideology and approach. Even when there is a c government, the ministers are committed to a common minimum programme. B single party government and a coalition government, there is a fair amount of h and cooperation among the ministers. However, a single party government is homogeneous than a multi-party coalition government,
4. Harmony between Executive and Legislature:
In a Parliamentary government the ministers are drawn from the legislature. As ministers, they are part of the executive. They also remain members of the legislature. Thus the dual identity of ministers con to a harmonious relationship between the executive and the legislature.

5. Rigidity of Party Discipline:
In a Parliamentary government, the party discipline is rigid. The members of a political party whether in power or in opposition are required to defend and support the stand of their party on any issue both in the legislature and outside.
6. Leadership of the Prime Minister:
The Prime Minister is the leader of the C of Ministers. On his advice, the ministers are appointed and dropped. They stay in during his pleasure. He presides over the meetings of the cabinet. He exercises preponderant influence in domestic policy as well as foreign policy.
He is more powerful and important than any
other member of the cabinet. It has been rightly observed that "he (Prime Mi is central to its (ministry's) birth, central to its life and central to its death."

Under the Constitution, the Parliament of India consists of three parts viz, the President, the Council of States and the House of the People. In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of States and the House of People respectively.

The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First Chamber or Popular House). The former represents the states and union territories of the Indian Union, while the latter represents the people of India as a whole.