Test: Polity - 4 - UPSC MCQ

• Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India. Article 5 speaks about 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.
• Thus Citizenship Act 1955 was enacted by the Parliament. It is an act to provide for the acquisition and termination of Indian citizenship and the same acts speaks about citizenship of India after the commencement of the Constitution.

Statement 1 is incorrect: Prime Minister is not always the Leader of the Lok Sabha.

Union Legislature

• Under the Rules of the Lok Sabha, the ‘Leader of the House’ means the Prime Minister, if he is a member of the Lok Sabha, or a minister 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 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. The same functionary in USA is known as the ‘majority leader’.

Chairman of Rajya Sabha

• The presiding officer of the Rajya Sabha is known as the Chairman. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
• During any period when the Vice-President acts as President or discharges the functions of the President, he does not perform the duties of the office of the Chairman of Rajya Sabha.

Types of Whips
There are three types of whips or instructions issued by the party:

• One-line whip: It is issued to inform members of a party about a vote. It allows a member to abstain in case they decide not to follow the party line.
• Two-line whip: It is issued to direct the members to be present in the House at the time of voting.
• Three-line whip: It is issued to members directing them to vote as per the party line.

Statement 1 is incorrect: Territory of India is a wider expression than Union of India because ‘Union of states’ only includes states while ‘Territory of India’ includes not only states union territories and territories that may be acquired by the Government of India min future.
Constitutional Provisions related to the States

• Seventh Schedule of Indian Constitution provides for division of power between Centre and states.
• The Union territories and Acquired territories are directly administered by the Union Government  

All statements are correct
Accountability Checks on Executive
Accountability is enforced through the following mechanisms:

• Voting on Demands for Grants is the exclusive privilege of Lok Sabha
• During Voting on demands for grants stage, the members of Parliament can discuss the details of the budget. They can also move motions to reduce any demand for grant. Such motions are called as ‘cut motion’, which are of three kinds: Policy Cut, Economy Cut and Token Cut.
• Close scrutiny by Departmental Standing Committees: 24 Departmental Standing Committees of Parliament examine and discuss in detail the demands for grants of the concerned ministers and prepare reports on them. These reports are submitted to both the Houses of Parliament for consideration.
• Comptroller and Auditor General of India (CAG) audits the accounts related to all expenditure from the Consolidated Fund of India, Consolidated fund of each state and Consolidated fund of each Union Territory having a Legislative Assembly.
• Through Public Accounts Committee, Estimates Committee, Committee on Public Undertakings: These three Financial Committees keep an un-remitting vigil over Government spending and performance and bring out inefficiencies, waste and indiscretion in the implementation of programmes and policies approved by Parliament.
• CAG puts accountability check on executive by post budget auditing.

Statement 1 is incorrect: These rights are also equally justiciable.
Rights outside Part III
Besides the Fundamental Rights included in Part III, there are certain other rights contained in other parts of the Constitution. These rights are known as constitutional rights or legal rights or non-fundamental rights. They are:

• No tax shall be levied or collected except by authority of law (Article 265 in Part XII).
• No person shall be deprived of his property save by authority of law (Article 300-A in Part XII).
• Trade, commerce and intercourse throughout the territory of India shall be free (Article 301 in Part XIII).
• The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV).

Even though the above rights are also equally justiciable, they are different from the Fundamental Rights. In case of violation of a Fundamental Right, the aggrieved person can directly move the Supreme Court for its enforcement under Article 32, which is in itself a fundamental right. But, in case of violation of the above rights, the aggrieved person cannot avail this constitutional remedy. He can move the High Court by an ordinary suit or under Article 226 (writ jurisdiction of high court).

Statement 1 is incorrect: Article 29 grants protection to both religious minorities as well as linguistic minorities.
Statement 2 is incorrect: The Right to establish and administer educational institutions is not absolute. There can be regulatory measures for ensuring educational character and standards and maintaining academic excellence.
Cultural and Educational Rights (Article 29 and 30)
Article 29: Protection of Interests of Minorities

• It provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same.
• No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, or language. 

Article 29 grants protection to both religious minorities as well as linguistic minorities.

• The first provision protects the right of a group while the second provision guarantees the right of a citizen as an individual irrespective of the community to which he belongs.

Article 30: Right of Minorities to Establish and Administer Educational Institutions comprises the following rights:

• To choose its governing body in whom the founders of the institution have faith and confidence to conduct and manage the affairs of the institution.
• To appoint teaching staff (teachers/lecturers and head- masters/principals) as also non-teaching staff; and to take action if there is dereliction of duty on the part of any of its employees.
• To admit eligible students of their choice and to set up a reasonable fee structure.
• To use its properties and assets for the benefit of the institution.
• The right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position vis-à-vis the majority. There is no reverse discrimination in favour of minorities.
• The Right to establish and administer educational institutions is not absolute. It does include the right to mal-administer. There can be regulatory measures for ensuring educational character and standards and maintaining academic excellence.

Statement 1 is incorrect: In case of a Union Territory, no reference need be made to the concerned legislature to ascertain its views.
Statement 2 is incorrect: The President (or Parliament) is not bound by the views of the State Legislature and may either accept or reject them.
Reorganization of the States/UT
In case of a Union Territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit.
The President (or Parliament) is not bound by the views of the State Legislature and may either accept or reject them, even if the views are received in time.
Article 3 authorizes the Parliament to: 

1. Form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state,
2. Increase the area of any state,
3. Diminish the area of any state,
4. Alter the boundaries of any state, and
5. Alter the name of any state. 

However, Article 3 lays down two conditions in this regard: 

• A bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and
• Before recommending the bill, the President has to refer the same to the State Legislature concerned for expressing its views within a specified period.
• Such laws do not require a special majority but can be passed by a simple majority.
• Further, the power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.
• Further, it is not necessary to make a fresh reference to the State Legislature every time an amendment to the bill is moved and accepted in Parliament
• It is thus clear that the Constitution authorizes the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent.
• In other words, the Parliament can redraw the political map of India according to its will.
• Hence, the territorial integrity or continued existence of any state is not guaranteed by the Constitution. Therefore, India is rightly described as ‘an indestructible union of destructible states’.

Both statements are correct
Representation of People Act (RPA), 1951

• Registration of Political parties is governed by the provisions under Section 29A of the Representation of the People Act, 1951.
• A party seeking registration under the said Section with the Election Commission has to submit an application to the commission within a period of 30 days following the date of its formation as per Election Commission guidelines and Section 29A of the Representation of the People Act, 1951.
• There is a 30 days deadline for raising any objection with regard to the proposed registration of the party; however Commission in 2019 gave one-time relaxation and has reduced the notice period from 30 days to 7 days for the parties going into the elections for the Lok Sabha 2019 and Assemblies to Andhra Pradesh, Orissa, Arunachal Pradesh.
• Section 126A of the Representation of the People Act, 1951 prohibits the conduct of exit poll and dissemination of their results during the period mentioned therein, i.e., the hour fixed for commencement of polls in the first phase and half hour after the time fixed for close of poll for the last phase in all the States and Union Territories.

Statement 3 is incorrect: The bill needs to be passes by a simple majority in both the Houses of the Parliament.
Constitutional Provisions related to the States
The term Union of States includes the states mentioned in the First Schedule of the constitution.
The provisions of the Constitution pertaining to the states are applicable to all the states in the same manner however, special status to some states.
According to Article 1, the territory of India can be classified into three categories:

• Territories of the states.
• Union territories.
• Territories that may be acquired by the Government of India at any time.

Article 3 authorizes the Parliament to:

• Form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state.
• Increase the area of any state.
• Diminish the area of any state.
• Alter the boundaries of any state.
• Alter the name of any state.

Article 3 lays down two conditions in this regard:

• A bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President.
• Before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
• The power of Parliament to form new states includes the power to form a new state or union territory by uniting a part of any state or union territory to any other state or union territory.
• The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time. Further, it is not necessary to make a fresh reference to the state legislature every time an amendment to the bill is moved and accepted in Parliament.
• The Constitution authorizes the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent. 

Option (d) is correct: A member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure.
Devices of Parliamentary Proceedings

• Question Hour: It is the first hour of every Parliamentary sitting in which members ask questions and the ministers usually give answer.
• Zero Hour: It starts immediately after the Question Hour and it is not mentioned in the Rules of Procedure.
• Motions: The motions are moved by the members to raise discussions on various matters. 
• Amendment or Cut Motion: Where an amendment or a cut motion placed on the order paper in the names of several members is treated as moved on an indication being given by such members in writing to the Speaker, it shall be deemed to have been moved by the member whose name appears first on the order paper and if he is not present in the House or has not indicated his intention to move, then by the second member or the third member etc., who may be present and the name of only such member shall be shown in the proceedings as the mover of that motion, amendment or cut motion, as the case may be.
• Resolution: A resolution can be moved by a member or Minister on a matter of general public interest.  While there is no fixed day allotted for moving a resolution by a Minister, a private member can move a resolution only on an allotted day.
• Special Motion: The name of a motion hat a court can set up at its discretion rather than a motion that must be granted.

Point of Order

• A member can raise a point of order when the proceedings of the House do not follow the normal rules of procedure.
• It is an extraordinary device as it suspends the proceedings before the House.
• No debate is allowed on a point of order.

Condition to raise the Point of Order

• A point of order should relate to the interpretation or enforcement of the Rules of the House or such articles of the Constitution that regulate the business of the House and should raise a question that is within the cognizance of the Speaker.

Who raises Point of Order?

• It is usually raised by an opposition member in order to control the government.

Swachh Shakti-2019 is a national event which aims to bring in to focus the leadership role played by rural women in Swachh Bharat Mission. Women Sarpanches and Panches from all over the country attended the event.
The Ministry of Drinking Water and Sanitation in association with the Govt. of Haryana organized the Swachh Shakti-2019.
The Swachh Shakti 2019, a convention of Women Sarpanches was held at Kurukshetra in Haryana. The convention was inaugurated by the Prime Minister Narendra Modi.

Citizenship in India
• Citizenship by registration can be acquired for following categories:
1. Persons of Indian origin who are ordinarily resident in India and have been resident for five years immediately before making an application for registration.
2. Persons of Indian origin who are ordinarily resident in any country or place outside undivided India;
3. Persons who are, or have been, married to citizen of India and are ordinarily resident in India and have been so resident for five years immediately before making an application for registration
4. Minor children of persons who are citizens of India; and
5. Persons of full age and capacity who are citizens of a country specified in Schedule.

• Statement 3 is incorrect: Lame-duck session does not require minimum number of members to transact the business of the House.
Lame-Duck session
• It refers to the last session of the existing Lok Sabha, after a new Lok Sabha has been elected. Those members of the existing Lok Sabha who could not get re-elected to the new Lok Sabha are called lameducks.
• Lame-duck session do not usually occur in countries under a Parliamentary form of government, whether the Westminster system or the other modules.

• Statement 1 is incorrect: Gram Nyayalayas are mobile courts established for every Panchayat at intermediate level.
• Statement 2 is incorrect: Nyayadhikari are appointed by the State Government in consultation with the High Court.
Gram Nyayalayas Act
• The Gram Nyayalayas Act, 2008 has been enacted to provide for the establishment of the Gram Nyayalayas at the grass roots level for the purposes of providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen due to social, economic or other disabilities.
• Salient features of the Act are:
1. The Gram Nyayalaya shall be court of Judicial Magistrate of the first class and its presiding officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court.
2. The Gram Nyayalaya shall be established for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in any State, for a group of contiguous Panchayats.
3. The Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts.
4. The seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat, they will go to villages, work there and dispose of the cases.
5. The Gram Nyayalaya shall try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule to the Act. The Central as well as the State Governments have been given power to amend the First Schedule and the Second Schedule of the Act, as per their respective legislative competence.
6. The judgment and order passed by the Gram Nyayalaya shall be deemed to be a decree and to avoid delay in its execution; the Gram Nyayalaya shall follow summary procedure for its execution.
7. The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court.
8. Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing of such appeal. Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the

• All statement are correct
Principle of Fraternity
•  It means a sense of brotherhood. The Constitution promotes this feeling of fraternity by the system of single citizenship.
•  The word ‘integrity’ has been added to the preamble by the 42nd Constitutional Amendment Act (1976).
•  According to K M Munshi, a member of the Drafting Committee of the Constituent Assembly, the phrase ‘dignity of an individual’ signifies that the Constitution not only ensures material betterment and maintains a democratic set-up, but that it also recognises that the personality of every individual is sacred.
•  This is highlighted through some of the provisions of the Fundamental Rights and Directive Principles of State Policy, which ensure the dignity of individuals.

• Statement 2 is incorrect: Contingency Fund of India shall be placed at the disposal of the President (and not Parliament).
Types of Funds of Indian Government
• The Constitution of India provides for the following three kinds of funds for the Central government:
1. Consolidated Fund of India (Article 266)
2. Public Account of India (Article 266)
3. Contingency Fund of India (Article 267)
Contingency Fund of India
• According to the Article 267(I) of the Indian constitution, Parliament may by law establish a Contingency Fund in the nature of an imprest into which shall be paid from time to time such sums as may be determined by law.
• Contingency Fund shall be placed at the disposal of the President to enable advances to be made by him for the purposes of meeting unforeseen expenditure.
• However, authorization of parliament is needed to recharge this fund from the consolidated fund by law under Article 115 or Article 116.
• It is kept under the Finance secretary on behalf of the President.
• Each state in India has its own consolidated and contingency funds.

• Both statements are correct
National Data Quality Forum
• The Indian Council of Medical Research (ICMR) launched an integrated national level platform with an aim to improve the quality of health and demographic data in the country.
• The National Data Quality Forum (NDQF) will integrate learning from scientific and evidence-based initiatives and guide actions through periodic workshops and conferences.
• The NDQF is launched in collaboration between the government’s research body National Institute for Medical Statistics (an institute of Indian Council of Medical Research) and global non-profit organisation Population Council.
• The activities of the multi-stakeholder platform will gear towards establishing protocols and good practices when dealing with data collection, storage, use and dissemination, which can be applied to health and demographic data as well as replicated across industries and sectors.
• It will be vital in boosting policy formulations by closing the data gap in the country related to its population, its health status and demographic behaviour and economic condition among many other aspects of life and environment.

• Statement 2 is incorrect: There are many democratic countries which have Monarchs as their Head of the State hence they are Democratic but not Republic. Example Britain, Australia.
• Statement 3 is incorrect: In Republics, the head of the State is  elected  either direct or indirect election.
Republic
• A democratic polity can be classified into two categories—Monarchy and Republic.
• In a Monarchy, the head of the state (usually king or queen) enjoys a hereditary position, that is, he comes into office through succession, e.g. Britain.
• In a Republic, on the other hand, the head of the State is always elected directly or indirectly for a fixed period, e.g. The USA.
• Therefore, the term ‘Republic’ in our Preamble indicates that India has an elected head called the President. He is elected indirectly for a fixed period of five years.
• A Republic also means two more things: one, vesting of political sovereignty in the people and not in a single individual like a king; second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

• Both statements are correct
Removal of President
• The President may be removed from his office before the expiry of his term, for “violation of the Constitution” by the process of impeachment.
• The procedure of the impeachment of President is as follows:
1. For impeachment, a charge against him may be initiated by either house of Parliament. The resolution can be moved only after giving at least 14 days written notice signed by not less than 1/4th of the total number of members of the House.
2. The resolution must be passed by a majority of not less than 2/3rd of the total membership of the House. The charge is then investigated by the other house.
3. The President has right to appear and to be represented at such investigation. If the majority declaring that the charge is proved, such resolution majority declaring that the charge is proved, such resolution shall have the effect of removing the President from his office from the date on which the resolution is so passed.

• Statement 1 is incorrect: They are provided under the Transaction of Business Rules, 1961. Therefore, they are extraconstitutional in emergence.
Cabinet Committees
• Under the Transaction of Business Rules, the Government has recently reconstituted Cabinet Committees. These include - Appointments Committee of the Cabinet, Cabinet Committee on Accommodation, Cabinet Committee on Economic Affairs, Cabinet Committee on Parliamentary Affairs, Cabinet Committee on Political Affairs, Cabinet Committee on Security, Cabinet Committee on Investment and Growth and Cabinet Committee on Employment and Skill Development.
• Cabinet Committees are an organizational device to reduce the enormous workload of the Cabinet and also facilitate in-depth examination of policy issues and effective coordination. They are based on the principles of division of labour and effective delegation.
• They are extra-constitutional in emergence. In other words, they are not mentioned in the Constitution. However, the Transaction of Business Rules, 1961 provide for their establishment.
• They are of two types—standing and ad hoc. The former are of a permanent nature while the latter are of a temporary nature. The ad hoc committees are constituted from time to time to deal with special problems. They are disbanded after their task is completed.
• They are set up by the Prime Minister according to the exigencies of the time and requirements of the situation. Hence, their number, nomenclature, and composition vary from time to time.
• Their membership varies from three to eight. They usually include only Cabinet Ministers. However, the non cabinet Ministers are not debarred from their membership.
• They are mostly headed by the Prime Minister. Sometimes other Cabinet Ministers, particularly the Home Minister or the Finance Minister, also acts as their Chairman. But, in case the Prime Minister is a member of a committee, he invariably presides over it.

• Statement 2 is incorrect: Presidential form of government gives narrow representation.
• Statement 3 is Incorrect: Presidential form of government provides stable government. 
Parliamentary and Presidential System
Features of Parliamentary Systems:
In a parliamentary system, the executive consists of a group of individuals (i.e., ministers who are representatives of the people). Hence, it is possible to provide representation to all sections and regions in the government. The prime minister while selecting his ministers can take this factor into consideration features of Parliamentary systems are:
• Dual executive.
• Majority party rule
• Collective responsibility.
• Political homogeneity
• Double membership.
• Leadership of prime minister.
• Dissolution of Lower House.
• Fusion of powers.
Features of Presidential Systems:
In this, the executive is elected and is not responsible to the legislature, which cannot in normal circumstances dismiss it. In the parliamentary system there is no guarantee that a government can survive its tenure. The ministers depend on the mercy of the majority legislators for their continuity and survival in office. A no-confidence motion or political defection or evils of multiparty coalition can make the government unstable features of Presidential systems are: 
• Single executive.
• President and legislators are elected separately for a fixed term.
• Non-responsibility.
• Political homogeneity may not exist.
• Single membership.
• Domination of president.
• Single executive is essential feature of Presidential form of government.
• Separation of powers.

• All statements are correct
Transparency 
• It is the characteristic of an organization to be accountable to its service providers as well as to the people to whom they are catering the services for. Transparency facilitates rule of law and clamps down on arbitrariness and nepotism. To ensure good governance in the country, the government should ensure transparent system through:
• Free and fair election: For a healthy democracy, an independent body should conduct the elections with no interference of government. For example, Election Commission of India.
• Management of resources: Mishandling of resources leads to rampant corruption in the system which hampers the economy and erodes public confidence in the system. The government should ensure transparency in bidding processes.
• Selection for Government jobs: It should be democratic so that everyone gets a fair chance which will further foster equality and motivation amongst all the deserving candidates.
• Efficient implementation of the Right to Information (RTI): It can form a solid base to the transparent governing system. The public has the right to be well informed about various departments, various ministries, and government’s audit report and must be allowed to access the same, unless or until it is not against the national security.
• Independent Media: It serves as a watchdog and bridges a link between the government and the citizens. From helping the government in broadcasting information about activities to educating the citizens about their rights, the press plays a major role.
• Digitization of records: For example, initiation of mandatory e-tendering in various government allocations.
• Establishment of citizen charter in government offices: This will to ensure transparency in tracking the progress of work.
• Ensuring Accountability: A good transparent governing system ensures accountability and is a basis for achieving troika of democracy, i.e. political, fiscal and social democracy, for the nation.

• Pair 3 is incorrectly matched: Certiorari - To be certified
• Pair 4 is incorrectly matched: Prohibition - To forbid
Writs—Types and Scope
Habeas Corpus
• It is a Latin term which literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention.
Mandamus
• It literally means ‘we command’. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose.
Prohibition
• Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity.
Certiorari
• In the literal sense, it means ‘to be certified’ or ‘to be informed’. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law. Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative.
Quo-Warranto
• In the literal sense, it means ‘by what authority or warrant’. It is issued by the court to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person.

• Statement 1 is incorrect: The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly.
• Statement 3 and 4 are incorrect: Since the time of adoption, it has been amended only once by the 42nd Constitutional Amendment Act (1976), which added three new words: Socialist, Secular and Integrity.
Preamble of Indian Constitution
• In the Berubari Union case 1960; the Supreme Court stated that Preamble is not a part of the Constitution.
• But, in 1973, in the Kesavananda Bharati case, the Supreme Court held that Preamble is a part of the Indian Constitution. Hence, the current opinion held by the Supreme Court that the Preamble is a part of the Constitution, is in consonance with the opinion of the founding fathers of the Constitution.
• However, two things should be noted:
• The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.
• It is non-justiciable, that is, its provisions are not enforceable in courts of law. 

Article 331 of the Constitution provides that not more than 2 members from the Anglo Indian Community may be nominated by the President of India, if in his opinion that community is not adequately represented in that House.

The Speaker can be removed by the Lok Sabha by a resolution passed by an effective majority (>50% of total strength excluding vacancies) of the house as per Articles 94 and 96. The Speaker is also removed on being disqualified for being Lok Sabha member under sections 7 and 8 of Representation of the People Act, 1951.

• Statement 2 is incorrect: These donations are tax-deductible.
Electoral Bonds
• An electoral bond is like a promissory note that can be bought by any Indian citizen or company incorporated in India and can donate the same to any eligible political party of his/her choice.
• The electoral bonds were introduced with the Finance Bill (2017) and the Electoral Bond Scheme was notified in 2018.
• These are issued only by State Bank of India via select branches and are issued in multiples of Rs 1,000, Rs 10,000, Rs 100,000 and Rs 1 crore.
• These are available for purchase for 10 days at the beginning of every quarter i.e. first 10 days of January, April, July and October as specified by the government.
• Any party that is registered under section 29A of the Representation of the Peoples Act, 1951 and has secured at least one per cent of the votes polled in the most recent General elections or Assembly elections is eligible to receive electoral bonds.
• The party will be allotted a verified account by the Election Commission of India (ECI) and the electoral bond transactions can be made only through this account.
• The electoral bonds will not bear the name of the donor and these donations would be tax-deductible.
• The amendment in the Finance Bill (2017) allowed even foreign company registered in India to make contributions to any political party under the Companies Act without any limits on the donation amount and without having to inform anyone of the contribution.

• Option (a) is correct:  Article 257 says that “the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union”.
Article 257
• The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose
• The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance: Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national highways or national waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works
• The executive power of the Union shall also extend to the giving of directions to a State as to the measures to be taken for the protection of the railways within the State
• Where in carrying out any direction given to a State under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given, there shall be paid by the Government of India to the State such sum as may be agreed, or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India, in respect of the extra costs so incurred by the State

• Statement 1 is incorrect: Suspension from the membership of the party on whose ticket member was elected is not a ground for his/her disqualification.
Grounds for disqualification of a member of Parliament  
• A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament:
1. If he holds any office of profit under the Union or State Government;
2. If he is of unsound mind and stands so declared by a court;
3. If he is an undischarged insolvent;
4. If not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state;
5. Disqualified by any law made by Parliament.
• The Parliament in the Representation of People Act (1951), laid down some additional disqualification for its members:
1. A member must not found guilty or corrupt practices in the elections;
2. Must not have been convicted for any offence resulting in imprisonment for two or more years;
3. Must not have any interest in government, contracts, works or services;
4. Must not be punished for socially discriminatory practices; etc.
• Under the provisions of the Tenth Schedule, a member may face disqualification on the ground of defection if he/she:
1. Voluntarily gives up the membership of the party on whose ticket he was elected;
2. Abstains from voting or votes against any direction given by his political party;
3. Joins a political party after being elected as an independent candidate;
4. A nominated member joins any political party after the expiry of six months; and
• Disqualification under Tenth Schedule is to be decided by the Chairman of the Rajya Sabha and Speaker of the Lok Sabha as the case may be, and it is subjected to judicial review.

• Statement 2 is incorrect: The rights under Article 26 are subject to public order, morality and health.
Freedom to Manage Religious Affairs
• According to Article 26, every religious denomination or any of its section shall have the following rights:
1. Right to establish and maintain institutions for religious and charitable purposes;
2. Right to manage its own affairs in matters of religion;
3. Right to own and acquire movable and immovable property; and
4. Right to administer such property in accordance with law.
• Article 25 guarantees rights of individuals, while Article 26 guarantees rights of religious denominations or their sections. In other words, Article 26 protects collective freedom of religion. Like the rights under Article 25, the rights under Article 26 are also subject to public order, morality and health but not subject to other provisions relating to the Fundamental Rights.
• The Supreme Court held that a religious denomination must satisfy three conditions:
1. It should be a collection of individuals who have a system of beliefs (doctrines) which they regard as conducive to their spiritual well-being;
2. It should have a common organisation; and
3. It should be designated by a distinctive name.
• Under the above criteria, the Supreme Court held that the ‘Ramakrishna Mission’ and ‘Ananda Marga’ are religious denominations within the Hindu religion. It also held that Aurobindo Society is not a religious denomination.