Practice Test: Indian Polity - 2 - BPSC (Bihar) MCQ

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.

• Panchayat Courts also function in some states under various names like Nyaya Panchayat, Panchayat Adalat,  Gram Kachehri ,etc.,to decide civil and criminal disputes of  petty and local nature. That means first statement is wrong. (Original Act Section 11 also confirms)
•  District court with consultation of DM, prepares panel of social workers to act as councilors. Hence 2nd statement is correct.

• Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
• Constitutionalism and the Rule of Law are related ideas about how the powers of government and of state officials are to be limited.
• The two ideas are sometimes equated. But constitutionalism, generally understood, usually refers to various constitutional devices and procedures, such as the separation of powers between the legislature, the executive and the judiciary, the independence of the judiciary, due process or fair hearings for those charged with criminal offences, and respect for individual rights, which are partly constitutive of a liberal democratic system of government.
• The Rule of Law, on the other hand, embodies certain standards that define the characteristic virtues of a legal system as such.

• The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India at national, state and district level.
• The body administers elections to the Lok Sabha, Rajya Sabha, state Legislative Assemblies, state legislative Councils, and the offices of the President and Vice President of the country.
• The Commission also implements a model code of conduct for parties and candidates. It can order a re-poll in a specific constituency. 

• Participatory democracy is primarily concerned with ensuring that citizens are afforded an opportunity to participate or otherwise be involved in decision making on matters that affect their lives.
• Participatory democracy is not a novel concept and has existed under various political designs since the Athenian democracy.
• The theory of participatory democracy was developed by Jean-Jacques Rousseau and later promoted by J.S. Mill and G. D. H. Cole, who argued that political participation is indispensable for the realization of a just society.

• A pressure group, also known as an interest group or lobby, is an organization formed by like-minded people who seek to influence public policy to promote interest.
• Pressure groups exist in all modern pluralist democracies and have sprung up on all sides.

1. Panchayat courts are basically Nyaya Panchayats. These are not present in every states like Delhi.  
2. As of September 2019, Supreme court had 30 judges ,the count was supposed to increase with 4 more judges taking oath.
3. Statement 3 is wrong because UT of Chandigarh does not have a separate HC. It functions under the judicature of Punjab & Haryana HC
4. NJA has been set up by GOI in Madhya Pradesh.

A governor is an integral part of the state legislature. In that capacity, he has the following legislative powers and functions:

• He can summon or prorogue the state legislature and dissolve the state legislative assembly.
• He can address the state legislature at the commencement of the first session after each general election and the first session of each year.
• He can send messages to the house or houses of the state legislature, with respect to a bill pending in the legislature or otherwise.
• He can appoint any member of the State legislative assembly to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant.
• Similarly, he can appoint any member of the state legislature council to preside over its proceedings when the offices of both Chairman and Deputy Chairman fall vacant.
• He nominates one-sixth of the members of the state legislative council from amongst persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.
• He can nominate one member to the state legislature assembly from the Anglo-Indian Community.
• He decides on the question of disqualification of members of the state legislature in consultation with the Election Commission.

• The governor appoints the chief minister of a state. He or she also appoints the Advocate General and the chairman and members of the State Public Service Commission.
• It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers relating to administration of affairs of the Union and proposals for legislation and information relating to them.
• To communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation.

The Governor of each State shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the State. The Governor appoints the Advocate General of the state. The person who is appointed should be qualified to be appointed a judge of a high court.

It shall be the duty of the Advocate General to give advice to the Government of concerned State upon such legal matters and to perform such other duties of a legal character; as may from time to time be referred or assigned to him by the Governor and to discharge the functions conferred on him

Municipal Corporation, Notified Area Authority, and Town Area Committe, Township Committee, and Port Trust Committees are urban local bodies in India because these bodies are elected by public voting for the development of cities & town.

Constitution of India says that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court (Article 243K)

That means he can only be removed from his office by an order of the President (It has to be supported by both the houses of parliament with a special majority). The president has to consult the Chief election commissioner though.

The Panchayat Samiti is elected for five years by the people and is headed by a chairman and deputy chairman elected by the members of the panchayat samiti. One sarpanch samiti supervises the other grampanchayats. It acts as a co-ordinating body between district panchayat and grampanchayat.

The Panchayat Raj system was first adopted by the state of Rajasthan in Nagaur district on 2nd Oct 1959. The second state was Andhra Pradesh, while Maharashtra was the Ninth state. State governments during the 1950s and 60s adopted this system as laws were passed to establish panchayats in various states.

In political terms, secularism is the principle of the separation of government institutions and persons mandated to represent the state from religious institutions and religious dignitaries (the attainment of such is termed secularity).

While appointing, the governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly.

• The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2), establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
• Parliamentary sovereignty in the United Kingdom is a concept central to the functioning of the constitution of the United Kingdom.  It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies.

So, Option B is correct.

Sarojini Naidu was the first woman to become the governor of an Indian state. She ruled Uttar Pradesh from August 15, 1947 to March 2, 1949.

7th Constitutional Amendment Act, 1956 facilitated the appointment of the same person as a governor for two or more states.

Governor constitutes a finance commission after every five years and not ten years to review the financial position of the panchayats and the municipalities.

 Explanation:- Statement (b), (c) and (d) are correct. Statement (a) is incorrect.

First statement is correct. The President may transfer a Governor appointed one state to another state for the rest of the term. Second statement is incorrect. A Governor whose term has expired may be reappointed in the same state or any other state.

• NDC is not an ‘organ’ of planning commission. It is an advisory body that approves the Five year plans so, statement 1 is false.
• The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.
• As per, voluntary provisions: devolution of powers and responsibilities upon panchayats to prepare plans for economic development and social justice. The Constitution of India prescribes that Panchayats should be assigned the task of preparation of plans for economic development and social justice.

Thus correct answer is (B) 2 and 3 only.

The Governor is the chief executive head of the state. He is nominated executive head. The Governor also acts as an agent of the Central Government. Therefore, the office of Governor has a dual role.

He can make rules specifying the manner in which the Orders and other instruments made and executed in his name shall be authenticated. (a), (b) and (d) are the Governor's Legislative power. But, (c) is Governor’s Executive power

A governor possesses executive, Legislative, financial and judicial powers more or less analogous to the President of India. However he has no Diplomatic, Military or Emergency powers like the President.