Indian Polity Quiz: Day 93

Answer: (b)

• Statement A is correct: President is empowered to declare an area to be scheduled area under fifth schedule of the constitution. He can also increase or decrease its area, alter its boundary lines, rescind such designation in consultation with the Governor of the state concerned.
• Statement B is not correct: Governor is empowered to direct that any particular act of Parliament or state legislature does not apply or apply with the modifications to the scheduled area. He can also make regulations for the peace and good government of a scheduled area after consulting the Tribes Advisory Council.
• Statement C is correct: President places all such reports before the Parliament along with a memorandum explaining the action taken on the recommendations made by the Commission. Statement D is correct: Delimitation Commission is appointed by the President and it works in collaboration with the Election Commission of India.

Answer: (c)

• Statement 3 is not correct : Article 267, Contingency Fund of India is placed at the disposal of the president and he can make advances out of it to meet unforeseen expenditure pending it’s authorisation by the Parliament. The fund is held by the Finance secretary on behalf of the President.

Answer: (d)

• Statement 1 is not correct: President can promulgate an ordinance under Article 123:
  When both the houses of Parliament are not in session
  When only one house is in session because a law can be passed by both the houses and not by one house alone.
  Statement 3 is not correct: He can make an ordinance only when he is satisfied that the circumstances exist that render it necessary for him to take immediate action. In Cooper case, (1970), the Supreme Court held that the President’s satisfaction can be questioned in a court on the ground of malafide. This means that the decision of the President to issue an ordinance can be questioned in a court. The 44th constitutional amendment act of 1978 provided that the president’s satisfaction of making an ordinance is justiciable on the ground of Malafide.

Answer: (c)

• Option C is Incorrect: Within the next few days after the House is adjourned sine die, the Governor issues a notification for prorogation of the session. It is the action of discontinuing a session of a legislative assembly without dissolving it. Governors can also prorogue the House while in session.

Answer: (a)

• Statement 1 is correct: The Speaker is elected by the assembly itself from amongst its members. He maintains order and decorum in the assembly for conducting its business and regulating its proceedings. This is his primary responsibility and he has final power in this regard. He is the final interpreter of the provisions of (a) the Constitution of India, (b) the rules of procedure and conduct of business of assembly, and (c) the legislative precedents, within the assembly.
• Statement 2 is incorrect: He decides the questions of disqualification of a member of the assembly, arising on the ground of defection under the provisions of the Tenth Schedule. If a member has become subject to any of the disqualification criteria mentioned in the Representation of People Act (1951), the governor’s decision is final. However, he should obtain the opinion of the Election Commission and act accordingly.
• Statement 3 is correct: The speaker appoints the chairman of all the committees of the assembly and supervises their functioning. He himself is the chairman of the Business Advisory Committee, the Rules Committee and the General Purpose Committee.

Answer: (a)

• Option A is incorrect and Option B is correct: Parliament has laid down the following disqualifications in the Representation of People Act (1951) for the person to be disqualified from the membership of state legislature:

oHe must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.

oHe must not have failed to lodge an account of his election expenses within the time.

oHe must not have been found guilty of certain election offences or corrupt practices in the elections.

He must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification.

He must not have any interest in government contracts, works or services.

He must not have been dismissed from government service for corruption or disloyalty to the state.

He must not have been convicted for promoting enmity between different groups or for the offense of bribery.

He must not have been punished for preaching and practicing social crimes such as untouchability, dowry and sati.

Answer: (d)

• Statement 1 is correct: The Rules Committee of Lok Sabha consists of 15 members with Speaker acting as ex-officio chairperson. This Committee considers the matters of procedure and conduct of business in the house and recommends any amendments or additions to the Rules of Procedure and Conduct of Business in Lok Sabha that are considered necessary.
• Statement 2 is correct: The Business Advisory Committee of Lok Sabha Consist of 15 members with the Speaker acting as its chairperson. This committee regulates the programmes and time tables of the house. The Committee may also recommend to the Government to bring forward particular subjects for discussion in the House and recommend allocation of time for such discussions.
• Statement 3 is correct – The General purpose Committee of Lok Sabha deals with matters that do not fall under the jurisdiction of any other committee. The Speaker acts as an ex-officio chairperson of the LS General Purpose Committee.

Answer: (a)

• Statement 1 is correct: The constitution of India provides for a Contingency Fund of India under Article 267. It was established by the Contingency Fund of India Act in 1950 by the parliament. The Parliament has enacted it. The fund is authorized by the constitution of India, into which amounts determined by the law are paid from time to time
• Statement 2 is incorrect: The fund is placed at the disposal of the president, and he can make advances out of it to meet unforeseen expenditure pending its authorization from the parliament. The fund is held by the finance secretary on behalf of the president. Like the public account of India, It is also operated by executive action.

Answer: (c)

• Article 110 of the Constitution deals with the definition of money bills. It states that a bill is deemed to be a money bill if it contains only provisions dealing with all or any of the following matters, namely the imposition, abolition, remission, alteration or regulation of any tax.
• The declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure.
• The custody of the consolidated Fund or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such Fund; Hence, Option b is correct. The appropriation of money out of the Consolidated Fund of India and not the Contingency Fund of India; Hence, Option c is incorrect.
• The regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India.
• The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State.
• Any matter incidental to any of the matters specified in sub clause (a) to (f).

Answer: (d)

• The doctrine of the basic structure holds that there is a basic structure to the Indian Constitution i.e features which are essential part of Constitution and the Parliament of India cannot amend these basic features.
• Any law or amendment that violates the principles which are essential can be struck down by the Supreme court on the grounds that they distort the basic structure of the Constitution. Many features were added by Kesavananda Bharati Ruling of Supreme court while others were added later on with various judicial pronouncements.

Answer: (d)

• Nominal and Real Executives: The President is the nominal executive (de jure executive or titular executive) while the Prime Minister is the real executive (de facto executive). Thus, the President is head of the State, while the Prime Minister is head of the government. Article 74 provides for a council of ministers headed by the Prime Minister to aid and advise the President in the exercise of his functions. The advice so tendered is binding on the President.
• Majority Party Rule: The political party which secures majority seats in the Lok Sabha forms the government. The leader of that party is appointed as the Prime Minister by the President; other ministers are appointed by the President on the advice of the prime minister. However, when no single party gets the majority, a coalition of parties may be invited by the President to form the government.
• Leadership of the Prime Minister: The Prime Minister plays the leadership role in this system of government. He is the leader of the council of ministers, leader of the Parliament and leader of the party in power. In these capacities, he plays a significant and highly crucial role in the functioning of the government.
• Dissolution of the Lower House: The lower house of the Parliament (Lok Sabha) can be dissolved by the President on recommendation of the Prime Minister. In other words, the prime minister can advise the President to dissolve the Lok Sabha before the expiry of its term and hold fresh elections. This means that the executive enjoys the right to get the legislature dissolved in a parliamentary system.

Answer: (a)

• Ivor Jennings: Ivor Jennings called the parliamentary system a ‘cabinet system’ because the cabinet is the nucleus of power in a parliamentary system. The parliamentary government is also known as ‘responsible government’. It is described as ‘Westminster model of government’ after the location of the British Parliament, where the parliamentary system originated.

Answer: (b)

Features of federal system of government:

Dual Government (that is, national government and regional government)

Written Constitution

Division of powers between the national and regional government.

Supremacy of the constitution o Rigid constitution

Independent Judiciary system. o Bicameral litigation.

Flexibility of the constitution is not the feature of the federal system of government, it is a feature of the unitary system of the government.

Answer: (c)

• Statement 1 is correct: Wildlife protection is the practice of protecting plant and animal species and their habitats .Article 51A (g) deals with protection of wildlife .
• Article 51A (g) – to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures
• Statement 2 is also correct: Wildlife protection is very important because wildlife and wilderness play an important role in maintaining the ecological balance and contribute to human quality of life. Article 48 deals with this subject .
• Article 48 — To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds
• Statement 3 is correct: the 42nd Amendment Act was perhaps one of the most controversial. Effected in 1976 during the Emergency by then Prime Minister Indira Gandhi, the amendment restructured the Seventh Schedule ensuring that State List subjects like education, forest, protection of wild animals and birds, administration of justice, and weights and measurements were transferred to the Concurrent List.

Answer: (d)

• The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State:
• To secure opportunities for healthy development of children (Article 39).
• To promote equal justice and to provide free legal aid to the poor (Article 39 A).
• To take steps to secure the participation of workers in the management of industries (Article 43 A).
• To protect and improve the environment and to safeguard forests and wildlife (Article 48 A). Hence option (d) is correct.