Indian Polity Quiz: Day 69

Answer: (c)

• The Zonal Councils are statutory bodies created by an act of the Parliament. Thus they do not owe their origin to the Constitution.
• They are established by, States Reorganisation Act of 1956.In addition to the Zonal Councils, a North-Eastern Council was created by a separate Act of Parliament–the North-Eastern Council Act of 1971.
• Each zonal council consists of the Union Home Minister, Chief Ministers of all the States in the zone, two other Ministers from each State in the zone and dministrator of each Union Territory in the zone.
• Each Chief Minister acts as a Vice-Chairman of the council by rotation, holding office for a period of one year at a time.

Answer: (a)

• Lok Adalat is one of the alternative dispute redressal mechanisms and it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. There is no court fee payable when a matter is filed in a Lok Adalat.
• Any case pending before any court can be refered to Lok Adalat.

Answer: (d)

• The Drafting Committee was set up on August 29, 1947 and was entrusted with the task of preparing a draft of the new Constitution. It consisted of seven members. They were:
• Dr. B.R. Ambedkar (Chairman)
• N. Gopalaswamy Ayyangar
• Alladi Krishnaswamy Ayyar
• Dr. K.M. Munshi
• Syed Mohammad Saadullah
• N. Madhava Rau (He replaced B.L. Mitter who resigned due to ill-health)
• T.T. Krishnamachari (He replaced D.P. Khaitan who died in 1948).
• In 1946, B N Rau was formally appointed as the Constitutional Advisor to the core Drafting Committee of seven experts headed by Dr B.R. Ambedkar.

Answer: (d)

• An Amendment of the Indian Constitution can be initiated only by the introduction of a Bill for the purpose in either House of Parliament and not in the State Legislatures. Thus, State Legislatures cannot initiate the constitutional amendment process. So, statement 1 is correct.
• The Bill can be introduced either by a Minister or by a private member and does not require prior permission of the President. So, statement 2 is correct.
• The Bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
• The President cannot summon a joint sitting of the Parliament for purpose of passage of a Constitutional Amendment Bill.
• Which of the statements given above is/are correct?

Answer: (d)

• The Indian Constitution has conferred a very extensive jurisdiction and vast powers on the Supreme Court. It is not only a Federal Court like the American Supreme Court but also, a final court of appeal like the British House of Lords (the Upper House of the British Parliament). It is also the final interpreter and guardian of the Constitution and guarantor of the Fundamental Rights of the citizens. In its various judgements, the Supreme Court has used the power of judicial review to interpret the Constitution of India.

• Only the President and the Governor take the oath to preserve, protect and defend the Constitution. The Chief Justice of India takes the oath to uphold the Constitution.

Answer: (d)

• Electricity, Bankruptcy and insolvency and Marriage and divorce is listed in the Concurrent list of the 7th schedule.

Answer: (b)

• The OCI is not a dual citizenship as the Indian Constitution forbids dual citizenship or dual nationality (Article 9)
• A person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may specify, are not eligible for registration as an OCI Cardholder.

Answer: (c)

• The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile Union of Soviet Socialist Republics (USSR). So, statement 1 is not correct.
• Fundamental duties were not a part of Indian constitution at the time of its commencement.

Answer: (b)

• A PIL can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.
• Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only Public Interest there are various areas where a Public interest litigation can be filed.
• PIL is brought before the Court not for the purpose of enforcing the right of one individual against another as happens in the case of ordinary litigation, but it is intended to promote and vindicate public interest.
• Under the PIL, any public-spirited citizen or a social organisation can move the court for the enforcement of the rights of any person or group of persons
• who because of their poverty or ignorance or socially or economically disadvantaged position are themselves unable to approach the court for the remedies.

Answer: (b)

• Fundamental Rights are not absolute but qualified. The state can impose reasonable restrictions on them. However, whether such restrictions are reasonable or not is to be decided by the courts. Thus, they strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control.
• They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a Constitutional Amendment Act and not by an Ordinary Act. Moreover, this can be done without affecting the ‘Basic Structure’ of the Constitution.

Answer: (b)

• A State Public Service Commission (SPSC) consists of a Chairman and other members appointed by the Governor of the State. However, the Chairman and members of a SPSC can be removed only by the President (and not by the Governor). The President can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC. So, statement 1 is not correct.
• The Union Public Service Commission (UPSC) can serve the needs of a state on the request of the State Governor and with the approval of the President. The UPSC assists the States (when requested by two or more states) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.
• The Parliament (and not state legislatures) can establish a Joint State Public Service Commission (JSPSC) for two or more states on the request of the State Legislatures concerned. The chairman and members of the JSPSC are appointed by the President.

Answer: (b)

• The Family Courts Act, 1984 was enacted to provide for the establishment of Family Courts with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs. So, statement 1 is not correct.
• Setting up of Family Courts and its functioning lies within the domain of State Government in consultation with their respective High Courts.

Answer: (c)

Article 263 of the Constitution: Inter state council.

The Inter-state council is chaired by the Prime Minister.

The Sarkaria Commission on Centre-State Relations (1983–88) made a strong case for the establishment of a permanent Inter-State Council under Article 263 of the Constitution. In pursuance of the above recommendations of the Sarkaria Commission, the Janata Dal Government headed by V. P. Singh established the Inter- State Council in 1990.

Answer: (a)

• The Officers of All India Services are recruited and trained by the Central Government but work for both Central and State Governments.
• As per Article 311, as they are appointed by the President, they can be dismissed from service only by the President.
• Two All India Services were formed at the time of commencement of the Constitution which increased to three after the inclusion of the Indian Forest Service. Article 312 of the Constitution authorises the Parliament to create new All-India Services on the basis of a Rajya Sabha resolution supported by not less than two thirds of the members present and voting.

Answer: (c)

Article 3 Parliament may by law-

(a) Form a new State by separation of territory from a State or by uniting two or more States or parts of States;

(b) Increase the area of any State;

(c) Diminish the area of any State;

(d) Alter the boundaries of any State;

(e) Alter the name of any State:

A bill 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.