Indian Polity Quiz: Day 122

Answer: (b)

Statement 2 is incorrect:

• The Constitution has not fixed the tenure of a judge of a high court. It has the following provisions in this regard,
• He holds office until he attains the age of 62 years. Any questions regarding his age is to be decided by the president after consultation with the chief justice of India and the decision of the president is final.
• He can resign his office by writing to the president.
• He can be removed from his office by the President on the recommendation of the Parliament.
• He vacates his office when he is appointed as a judge of the Supreme Court or when he is transferred to another high court.

Statement 3 is incorrect:

• The Constitution did not provide for appointment of a ‘distinguished jurist’ as an HC judge under Article 217(2), which says a judicial officer for 10 years and an advocate with 10 years experience could be appointed as HC judge.

Answer: (c)

Article 39(d) of the Indian Constitution provides for equal pay for equal work for both men and women. It is a directive principle of state policy that aims to promote social justice and equality in the workplace. The article states that “the State shall, in particular, direct its policy towards securing that there is equal pay for equal work for both men and women.” However, it is important to note that the directive principles are non-justiciable in nature, meaning they cannot be enforced by the courts.

Answer: (d)

Statement 1 is correct:

• Chaudhari Charan Singh’s government which was formed after a split in the Janata Party in 1979, was the first to seek the confidence vote. He had to resign just after 23 days before even facing the House when Indira Gandhi’s Congress withdrew support.
• If a Vote of No Confidence is passed in the Lok Sabha (lower house of the Indian Parliament), the Council of Ministers (including the Prime Minister) has to resign. However, the Lok Sabha need not be dissolved. If the President thinks that some party or group of parties can come together to form a coalition with majority support in Lok Sabha, he/she will give the chance to them.

Statement 2 is correct:

• A no-confidence motion is a parliamentary motion which is moved in the Lok Sabha against the entire council of ministers, stating that they are no longer deemed fit to hold positions of responsibility due to their inadequacy in some respect or their failure to carry out their obligations. No prior reason needs to be stated for its adoption in the Lok Sabha.

Answer: (d)

The correct chronological order of the developments of events related to federalism in India is as follows:

(i) A Centre-State Relations Enquiry Committee was set up in 1969 under the Chairmanship of Dr. P.V. Rajamannar.

(ii) The Anandpur Sahib Resolution was a statement made by a Sikh political party, the Shiromani Akali Dal, in 1973.

(iii) West Bengal Memorandum published in 1977 with demand for state autonomy by West Bengal government.

(iv) In April 2007, a three member commission headed by the former C`hief Justice of India M.M. Punchhi Set up to take a fresh look at relative roles and responsibilities of various levels of government and their inter-relations.

Answer: (c)

Statement 2 is incorrect:

“Personal laws” comes under Concurrent List”.

Statement 1, 3 and 4 is correct.

Answer: (d)

• Statement 1 is correct. The important powers provided to Gram Sabha under PESA Dispute resolution as per traditional laws and customs: collective resolution of disputes on the basis of customs, traditional laws and religious beliefs of tribal areas.
• Statement 2 is correct: Based on recommendations of Dileep Singh Bhuria Committee, PESA Act was enacted in 1996 for tribal empowerment and to bring them into mainstream.

Answer: (d)

Statement 3 is incorrect: It has won at least 2% of total seats in Lok Sabha from not less than Three states.

Answer: (c)

Statement C is incorrect: The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously.

Answer: (d)

Statements 1, 2, 3 and 4 are correct: Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and with the consent of half of the state legislatures by a simple majority. The following provisions can be amended in this way:

1. Election of the President and its manners.
2. Extent of the executive power of the Union and the states.
3. Supreme Court and high courts.
4. Distribution of legislative powers between the Union and the states.
5. Goods and Services Tax Council.
6. Any of the lists in the Seventh Schedule.
7. Representation of states in Parliament.
8. Power of Parliament to amend the Constitution and its procedure (Article 368

itself).

Statements 5 & 6 are incorrect: Use of English language in Parliament and abolition or creation of legislative councils in states requires only the simple majority of both houses of Parliament only.

Answer: (a)

• The statements 1 & 3 are correct
• The statements 2 & 4 are incorrect:
• Fundamental rights are enshrined in the Constitution and can only be amended through a special procedure that requires a two-thirds majority in both houses of Parliament.
• Only certain rights that are explicitly mentioned in Part III of the Constitution are considered fundamental rights.
• Therefore, the correct answer is A. (1 & 3 only).

Answer: (c)

The President can remove the chairman or any other member of UPSC from the office under the following circumstances:

• If he is adjudged an insolvent (that is, has gone bankrupt);
• If he engages, during his term of office, in any paid employment outside the duties of his office; or
• If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.
• In addition to these, the President can also remove the chairman or any other member of UPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an inquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member. Under the provisions of the Constitution, the advice tendered by the Supreme Court in this regard is binding on the president.

Answer: (a)

Statement 1 is incorrect:  The President nominates 12 members to the Rajya Sabha from people who have special special Knowledge or practical experience in art, literature, science and social science while American Senate has no nominated members.

Statement 2, 3 & 4 are correct:

Answer: (b)

• The National Judicial Appointments Commission (NJAC) Act was struck down by the Supreme Court of India in the year 2015.
• The National Judicial Appointments Commission (NJAC) Act was a proposed legislation in India that sought to replace the existing collegium system for the appointment of judges to higher courts such as the Supreme Court and the High Courts. The NJAC Act was passed by the Parliament in 2014 and received the President’s assent on 31 December 2014.
• The NJAC Act sought to establish a six-member commission, consisting of the Chief Justice of India, two senior-most judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons nominated by a committee consisting of the Prime Minister, the Chief Justice of India, and the Leader of the Opposition in the Lok Sabha.
• However, the Supreme Court of India struck down the NJAC Act in 2015, declaring it unconstitutional and restoring the collegium system for judicial appointments. The Court held that the NJAC Act would compromise the independence of the judiciary by giving the executive a dominant role in judicial appointments.

Answer: (b)

Statement 1 is correct: Doctrine of eclipse is contended in Article 13(1) of the Indian Constitution. Article 13 states that any law which was made before the commencement of the constitution must be consistent with the part III of the Indian Constitution. If any statue which is inconsistence with the provisions provided under part III of the Indian constitution such statue shall become void.

Statement 2 & 3 are incorrect.

2. Equality before law is of British origin
3. Equal Protection of Law has been taken from American Constitution

Article 14 of the Constitution of India says that State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Both of these differ subjectively.

• Equality before law means that no one is above the law of the land. Thus, it has slightly negative connotation. It means that law does not discriminate on the basis of birth, position, gender or other personal attributes. Thus, privileged, underprivileged and unprivileged are equal before law.
• Equal protection of law means that law provides equal opportunities to all those who are in similar circumstances or situations. This concept is slightly positive in connotation.

Both Equality before law and Equal protection of law aim to establish the “Equality of Status and Opportunity” as embodied in the Preamble of the Constitution. Further, because all persons are not, by nature, attainment or circumstances in the same positions; article 14 provides that state can treat different persons in differently if circumstances justify such treatment. This is called Doctrine of Reasonable classification and it says that protective discrimination is also a facet of equality.

Answer: (c)

• Statement 1. Article 202 of the Indian Constitution explains how the Annual Financial Statement of a State Legislature is made, what provisions and procedures are followed while making one, and what data an Annual Financial Statement should include.
• The Governor of a State gives permission to introduce before the House or Houses of the Legislature of the State a Statement of the estimated receipts and expenditures of the State for the next financial year. This estimated statement of receipt and expenditure for a financial year is named in the Constitution as the “Annual Financial Statement”, and is commonly known as “Budget”.
• Statement 2 is incorrect. Article-231 of the Indian constitution which is related to the chapter of High Courts in states under Part-VI of constitution, deals with subject matters of State Government or machinery. As per provisions under this article parliament may by law establish a common High Court for two or more states. For example – Punjab and Haryana has common High Court.
• Statement 3. Article 156 in The Constitution of India 1949
• Term of office of Governor

(1) The Governor shall hold office during the pleasure of the President

(2) The Governor may, by writing under his hand addressed to the President, resign his office

(3) Subject to the foregoing provisions of this article, a Governor shall hold for a term of five years from the date on which he enters upon his office

(4) Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office