KEY to the CSP-2015
Indian Polity Test 2 Dated 31.10.2014
|
1.
|
D
|
21.
|
B
|
41.
|
B
|
61.
|
A
|
81
|
B
|
|
2.
|
B
|
22.
|
B
|
42.
|
A
|
62.
|
A
|
82
|
A
|
|
3.
|
C
|
23.
|
B
|
43.
|
B
|
63.
|
B
|
83
|
C
|
|
4.
|
C
|
24.
|
A
|
44.
|
D
|
64.
|
A
|
84
|
C
|
|
5.
|
C
|
25.
|
C
|
45.
|
A
|
65.
|
C
|
85
|
B
|
|
6.
|
C
|
26.
|
D
|
46.
|
D
|
66.
|
B
|
86
|
D
|
|
7.
|
D
|
27.
|
B
|
47.
|
B
|
67.
|
A
|
87
|
C
|
|
8.
|
A
|
28.
|
D
|
48.
|
B
|
68.
|
C
|
88
|
C
|
|
9.
|
A
|
29.
|
C
|
49.
|
D
|
69.
|
D
|
89
|
D
|
|
10.
|
C
|
30.
|
D
|
50.
|
C
|
70.
|
D
|
90
|
A
|
|
11.
|
D
|
31.
|
C
|
51.
|
A
|
71
|
A
|
91
|
A
|
|
12.
|
C
|
32.
|
A
|
52.
|
C
|
72
|
A
|
92
|
C
|
|
13.
|
D
|
33.
|
D
|
53.
|
B
|
73
|
C
|
93
|
D
|
|
14.
|
B
|
34.
|
D
|
54.
|
C
|
74
|
A
|
94
|
D
|
|
15.
|
A
|
35.
|
B
|
55.
|
A
|
75
|
B
|
95
|
D
|
|
16.
|
D
|
36.
|
C
|
56.
|
D
|
76
|
D
|
96
|
C
|
|
17.
|
D
|
37.
|
A
|
57.
|
B
|
77
|
B
|
97
|
C
|
|
18.
|
C
|
38.
|
C
|
58.
|
C
|
78
|
C
|
98
|
D
|
|
19.
|
D
|
39.
|
B
|
59.
|
C
|
79
|
D
|
99
|
C
|
|
20.
|
A
|
40.
|
D
|
60.
|
D
|
80
|
C
|
100
|
D
|
Explanation:
1. The primary role of the Finance Commission
is to make recommendations on the distribution
of net proceeds of taxes between the Union and the States [Article 280 of the
constitution]. The role of State Finance Commission is to distribution of
resources between State Government and PRIs.
The
major functions of Finance Commission are –
Ø To make recommendations to the
President of India regarding distribution of the net proceeds of taxes to be
shared between centre and states.
Ø To recommend the principles which
should govern the Grants-in-Aid to the states by the Centre (i.e. out of the
Consolidated Fund of India)
Ø To recommend the measures needed to
augment the Consolidated Fund of a state to supplement the resources of the
Panchayats and the Municipalities in the state on the basis of the recommendations
made by the state Finance Commission.
Ø To recommend on any matters referred
to it by the President interest of sound finance.
The recommendations of the Finance Commission are advisory in nature and therefore they are not binding on the Government. The Constitution of India envisages the Finance Commission as the ‘Balancing Wheel of Fiscal Federalism’ in India.
The recommendations of the Finance Commission are advisory in nature and therefore they are not binding on the Government. The Constitution of India envisages the Finance Commission as the ‘Balancing Wheel of Fiscal Federalism’ in India.
Ø President has to constitute Finance
Commission once in every five years to make the above recommendations.
Ø In view of the above all the three
options given are not under the purview of FC. Hence, answer is “D”.
[The
first finance commission was constituted in 1951 with Sri Neogy as a chairman
which submitted its report in 1953. Recently President has appointed 14th
FC under the chairmanship of former Governor of RBI. Dr. Y.V.Reddy to make recommendations
for the period 2015-16 to 2019-20. The other
members of the Commission are Ms. Sushma Nath [Former Union Finance Secretary],
Dr. M.Govinda Rao [Director, National Institute for Public Finance and Policy,
New Delhi), Dr. Sudipto Mundle, Former Acting Chairman, National Statistical
Commission. Prof Abhijit Sen (Member, Planning Commission) is the part-time
Member of the Fourteenth Finance Commission]
2. The Electoral
College for election of President of India is made up of the following
legislators.
There
is no role for nominated members of LS, RS, and State Legislature in the
election of President. Further, no role for members of Council of States. Hence
the answer is B.
[Elections for in Independent India for the post of
President
·
1952: Rajendra Prasad (507,000 electoral votes) defeated K T
Shah (92,000), Lakshman Ganesh (Kartar Singh) Thatte, Chowdhry Hari Ram
·
1957: Rajendra Prasad defeated Hari Ram
·
1962: Sarvepalli Radhakrishnan (553,067 votes) defeated Hari Ram
(6,341)
·
1967: Zakir Hussain (471,000) defeated Koka Subbarao (363,000),
Hari Ram (zero votes), and 10-11 other inconsequential candidates
·
1969: V V Giri (401,000) defeated Neelam Sanjiva Reddy (313,000)
and C D Deshmukh (112,000); second round Giri (420,000) beat Reddy (405,000)
·
1974: Fakruddin Ali Ahmad defetaed Tridib Chaudhuri
·
1977: N Sanjiv Reddy elected unopposed
·
1982: Zail Singh defeated Hans Raj Khanna
·
1987: R Venkarataman beat V R Krishna Iyer
·
1992: Shankar Dayal Sharma bt G G Swell
·
1997: K R Narayanan defeated T N Seshan
·
2002: A P J Abdul Kalam defeated Laxmi Sahgal
·
2007: Pratibha Patil defeated Bhairon Singh Shekhawat
·
2012: Pranab Mukherjee defeated P A Sangma]
3. Ordinance making power is given to President [article 123]
to attend or face a situation by an urgent legislation when one or both of the
houses the Parliament are not in session.
Ø The ordinance
promulgated has same force and effect as laws passed by Parliament.
Ø It
is an interim or temporary legislation & its continuance is subject to
parliamentary approval.
Ø Ordinances remain
valid for no more than six weeks from the date the Parliament is convened
unless approved by it earlier.
Ø Under article 123,
President as the upholder of the constitution has to satisfy himself that immediate
action is mandatory as advised by the central cabinet and he is confident that
the government commands majority support in the Parliament needed for the
passing of the ordinance in to an act and Parliament can be summoned to
deliberate on the passing of the ordinance as soon as possible.
Ø It is the
responsibility of the President to withdraw the ordinance as soon as when the
reasons for promulgation of ordinance are no more applicable.
Ø No ordinance can be issued for
amending the Constitution
Ø It is not a parallel power of
legislation. In a Parliamentary democracy, the Executive is responsible to the
Lok Sabha and making laws is the prerogative of the Legislative wing, but not
in the Executive domain. Hence, points 1 and 2 are correct and points 3 and 4
are not correct.
Ø Similar situation exists in the States,
but the Governor makes the ordinance and State Legislature has to approve
within 6 weeks from its reassembly.
4.
Legislative Powers of the President, along with the Veto power on the bills:
The
President of India is part of the Parliament and a bill becomes act only when
it receives his assent. In this process, he is vested with the following three
types of veto powers, 1. Absolute Veto,
2. Suspensive Veto and 3. Pocket Veto.
Absolute Veto:
Absolute Veto:
It refers
to the power of the President to withhold his assent to a bill passed by the
Parliament. The bill then ends and does not become an act. Usually, this veto
is exercised in the following two cases:
(a) With respect to private members' bills (bills
introduced by any Member of Parliament who is not a minister);
(b) With respect to the government bills when the
cabinet resign (after the passage of the bills but before the assent by the
President) and the new cabinet advises the President not to give his assent to
such bills.
Suspensive Veto:
The
President exercises this veto when he returns a bill for reconsideration of the
Parliament. However, if the bill is passed again by the Parliament with or
without amendments and again presented to the President, it is obligatory for
the President to give his assent to the bill. This means that the President
veto is overridden by a re-passage of the bill by the same ordinary majority
(and not a higher majority as required for Qualified Veto in U.S.A.).
The President does not possess this veto in the
case of Money bills. The President can either give his assent to a money bill
or withhold his assent to a money bill but cannot return it for the
reconsideration of the Parliament. Normally, the president gives his assent to the money bill as
it is introduced in the Parliament with his previous permission.
Pocket Veto:
In this
case, the President neither ratifies nor rejects nor returns the bill, but
simply keeps the bill pending for an indefinite period. This power of the
President no to take any action (either positive or negative) on the bill is
known as the Pocket Veto. The President can exercise this veto power as the
Constitution does not prescribe any time-limit within which he has to take the
decision with respect to a bill presented to him for his assent. In USA, on the
other hand, the president has to return the bill for reconsideration within 10
days. Hence, it is remarked that the pocket of the Indian President is bigger
than that of the American President.
In 1986, President Zail Singh exercised the pocket
veto with respect to Indian Post Office (Amendment) Bill. The bill, passed by
the Rajiv Gandhi Government, imposed restriction on the freedom of press.
It
should be noted here that the President has no veto power in respect of a
Constitutional Amendment Bill. The 24th Constitutional Amendment Act of 1971
made it obligatory for the President to give his assent to a constitutional
amendment bill.
5. Public Accounts Commission (PAC)
Ø The Committee on
Public Accounts is constituted by Parliament each year for examination of accounts showing
the appropriation of sums granted by Parliament for expenditure of Government
of India, the annual Finance Accounts of
Government of India, and such other Accounts laid before Parliament as the
Committee may deem fit, such as accounts of autonomous and semi-autonomous
bodies [except those of Public Undertakings and Government Companies which come
under the purview of the Committee on Public Undertakings].
Ø The Committee is made
up of 22 members, 15 from LS and 7 members from RS and generally the chairman
of the committee is nominated from the opposition party. Prof. Kuruppassery Varkey Thomas has been appointed
as Chairman of Public Accounts Committee (PAC). Thomas is the senior
Congress Parliamentarian from Ernakulum Constituency, Kerala
Working of the Committee
Ø Report of the CAG is
the basic material for PAC to start its work. The CAG is the “friend,
philosopher and guide” of the Committee. He attends the sittings
of the Committee and assists it in its deliberations. While, examining the
report of the CAG, the PAC summons the Ministries for explanation. The
representatives of the Ministries appear before the Committee when examining
the Accounts and Audit Reports relating to their Ministries. The Committee
proceeds by way of interrogation of witnesses.
Ø The Committee may
appoint one or more Sub-Committees/Sub Groups to
examine any particular matter. At the beginning of its term, the Committee
appoints a few Working Groups/ Sub-Committees to facilitate the examination of
the various Accounts and Audit Reports and Sub-Committee to consider the action
taken by the Government on the recommendations made by the Committee in its
earlier Reports.
Ø If it appears to the
Committee that it is necessary for the purpose of its examination that an
on-the-spot study should be made, the Committee may, either in its entirety or
by dividing itself into Study Groups, decide to undertake tours to make an
on-the-spot study of any project or establishment. All discussions held during
tour by the Committee/Study Groups with the representatives of the
establishment, Ministries/ Departments, non-official organisations, Labour
Unions, etc. are treated as confidential and no one having access to the
discussion, directly or indirectly is to communicate to the Press or any un-authorised
person, any information about matters taken up during the discussions.
Ø Government takes
action on the recommendations of the Committee and submits action taken notes
to the Committee. The Committee then presents an Action Taken Report after
considering the views of the Government. The Government further submits an “Action
Taken Statement” on the action taken by the Government on the “Action Taken Report”
of the Committee. The Action Taken Statement is generally laid before the House
without any further examination by the Committee. Normally, almost all the
recommendations of the Committee are implemented by the Government.
Ø In view of the above, only action
report is placed in the Parliament, but not the report of the Public Accounts Committee
itself.
Ø The reports of Finance Commission
[generally, once in five years], National Commission for SCs and National
Commission for STs, CAG [All reports are yearly] are placed before the
Parliament.
6. The
Constitution of India has vested certain judicial powers in the hands of the
President to correct certain possible judicial errors. The pardoning powers are to be exercised in
the following cases.
Ø Where the punishment or sentence is by
a Court Martial.
Ø Where the punishment is for an offence
against Union and
Ø In all cases where the sentence is a
sentence of death
The
pardoning powers vested with the President are categorized as under:
Ø Pardon: It rescinds both the sentence and the
conviction and absolves the offender from all punishment and disqualification.
Ø Commutation: It merely substitutes one form of
punishment for another of a lighter character – death by transportation,
transportation by rigorous imprisonment, rigorous imprisonment by simple
imprisonment and simple imprisonment by fine and so on.
[Remember by the starting letter “C” with “Change of character”]
Ø Remission: The power of remission reduces the
amount of sentence without changing its character. For example, a sentence of
imprisonment for one year may be remitted for six months. [Remember that it is
without changing Character]
Ø Reprieve: means a stay of execution of sentence
(especially that of death) pending a proceeding for pardon or commutation from
the President.
Ø Respite: The power to grant respite means
awarding a lesser sentence instead of the prescribed penalty in view of some
special facts. For example, a pregnant
woman offender.
7. The
Vice President draws emoluments as an ex-officio Chairman of the Rajya Sabha but
not as a Vice President. The Resolution
for removing the Vice President has to be initiated or moved only in Rajya
Sabha. The logic behind this Scheme is obvious as he is the Chairman of Rajya
Sabha and any misconduct which warrants his removable is known to the Rajya
Sabha only. Hence, the only wrong option in the question is “D”.
9. The President of India appoints several
official and non-official persons / bodies under his Stamp and Seal generally on
the recommendations of the Council of Ministers or suitable selection bodies as
prescribed by the Constituation / Parliament.
However, some of them hold their office during the pleasure of the
President and others as prescribed by the Constitution or Parliament by Law.
Ø Generally the Constitutional
Authorities such as CAG, Election Commissioners, members of UPSC, Judges of
Supreme Court and High Courts are removed from the office based prescirbed
procedure and their posts were created by the Constitution and therefore, they
never hold their office during the pleasure of the President.
Ø The Speaker of the Lok Sabha is
elected by the Members of the Lok Sabha and there is no role for the President
in his appointment. Since, President is
not appointing authority for Speaker, the question of speaker holding office
during the pleasure of the President doesn’t arise
Ø The President has certain discretion in
choosing the Prime Minister and as per the Constitution all the Council of
Ministers which includes Prime Minister holds their office during the pleasure
of the President.
Ø The Attorney General of India is
appointed by the President and holds his office during the pleasure of the
President.
In view of this the right option is
“A”.
10. Under
the scheme of Constitution, it is prerogative of the P.M. to choose his “Council
of Ministers”. But there is no bar on
him that the minister chosen are only from the Members of the Parliament. He has a right to choose a non-member as
minister but the said person has to be elected to one of the houses of
Parliament within six months. There is no role whatsoever for the President in
choosing the Council of Ministers. There is no such concept that PM is counseled
by the President of India in this regard. The P.M. has complete discretion in selecting the
ministers to serve in his Government.
Hence, the only correct sentence is option “C”
11. The President of India has to be submit
his resignation in writing to the Vice President and similarly, Vice President
has to address his resignation to the President. Similarly, Speaker of the Lok
Sabha and Chairman of the Rajya Sabha will submit their resignations to Dy.
Speaker of Lok Sabha and Dy. Chairman of Rajya Sabha. As per the Indian Constitution the incumbent President
can run for the same post for any number of times. However, there is a norm of two terms which is
being followed for the President since Independence. When the post of President of India falls
vacant, the Vice President act as a President and in his absence, the Chief
Justice of India and in absence all these three, the Senior most Judge of
Supreme Court officiate as the President.
So far, Justice Hidayatullah, the then Chief Justice of India acted as
President once.
12. P.M. is the kingpin of
Parliamentary decomocracy. The constitution has not prescribed any fixed method
of appointment of P.M. It is the norm
that the President calls upon the leader of largest party in the Lok Sabha or
leader of alliance which has majority members in their fold to form the
government at the Centre. The P.M. acts
as leader of Lok Sabha as the council of ministers are responsible to it. However,
the constitution is silent on the issue whether the P.M. should hail from L.S.
or R.S., Shri. H.D. Deve Gowda, Shri. I.K. Gujral and Dr. Manmohan Singh hailed
from R.S. and held the P.M. post. The P.M. is duty bound to communicate the
President on the issues of cabinet decisions on the administration of the
country and legislation proposed to be made. The P.M. does have a right to advise
the President to dissolve the L.S. in certain situations. Hence, the correct option is “C”.
13. When
the incumbent P.M. dies the council of Ministers gets automatically dissolved.
But there is no effect on the L.S. The
President calls upon the leader of the largest party or a group to form
government afresh.
16. As per the 70th Constitutional
Amendment Act, 1992, States, in Art 54 include the NCT of New Delhi &
Puduchhery and in other words, members of the two UTs with assemblies,
Puduchhery and NCT of Delhi are members of Electoral College and participate in
presidential election.
17. The final authority to adjudicate the
election disputes of President and Vice-President is Supreme Court and not the
Election Commission. The actions taken by the President or VP before their
removal on account of election dispute can’t be invalidated.
18. The
Vice President is entitled for salary and other emoluments of the President when
he officiates as President. He may need to hold the post of President due to
vacancy arising on account of death of an incumbent or ill health or leave.
20 and 42. Constitution recognizes
three types of funds, 1.Consolidated Fund of India,
2. Contingent
Fund of India and 3. Public Account of India
1. Consolidated Fund of India:
Ø Article 266 has established
Consolidated Fund of India. Hence it is a constitutional fund. It is also
called regular fund of Government of India.
Ø All the receipts [both tax and
non-tax] received, loans raised and the income of the Government of India are
deposited into a Fund called the Consolidated Fund of India.
Ø It is the largest fund of the
Government of India and any amount of money can be deposited into this account.
Ø It has been placed at the disposal of
the Parliament. No money can be deposited into withdrawn or appropriated out of
the Consolidated Fund of India without the prior sanction of the Parliament.
All expenditures of the Government of India are spent out of the Consolidated
Fund of India.
Ø Article 266 has also created a
separate Consolidated Fund for each State.
2.
Public Account of India:
Ø Under Article 266 any
money other than the receipts, loans and the income received by the Government
of India is deposited into an account called the Public Account of India.
Ø The Provident Fund of
the Civil servants [Since, January, 2004, there is a Contributory Pension
Scheme [CPS], where the civil servant contributes 10% of his basic pay every
month and GOI pays equal amount to take care of the pension], receipts of the Public
Provident Fund (PPF) and Savings of the Public are deposited into the Public
Account of India.
Ø The Public Account of
India is placed at the disposal of the President.
Ø Article 266 has also
created public account for each state.
3.
Contingent Fund of India:
Ø Article 267 empowers
the Parliament to provide by law for the establishment of a public fund called
the Contingency Fund of India. [Parliament has enacted the Contingency Fund of
India (Misc. Provisions Act) 1950, which has created the contingency Fund of
India with an upper limit of Rs. 50 Cr.]
Ø It is placed at the
disposal of President. [The President is competent to sanction the amounts from
this fund]. As the name indicates, the fund is used to meet the unforeseen
expenditure of the GOI. The Fund is used when the Parliament is not in a position
to sanction money out of Consolidated Fund of India to meet an unforeseen
expenditure.
Ø The money so
sanctioned out of contingency fund of India by the President is placed before
the Parliament and the Parliament approves, the expenditure gets reimbursed
from the Consolidated Fund of India.
Public
Provident Fund:
Ø The Public Provident Fund is savings-cum-tax-saving
instrument in India, introduced by the National Savings Institute of the
Ministry of Finance in 1968.
Ø The receipts under the fund are deposited into Public Account
of India. This is kind of money raised by the GOI and has obligation to pay on
maturity.
Ø The aim of the scheme is to mobilize small savings by
offering an investment with reasonable returns combined with income tax
benefits. It has a lock-in period of 15 years
Ø Individuals
who are residents of India are eligible to open their account under the Public
Provident Fund scheme. Non-resident Indians (NRIs) are not eligible to open an
account under the Public Provident Fund Scheme. However a resident who becomes
an NRI during the 5 years' tenure prescribed under Public Provident Fund
Scheme, may continue to subscribe to the fund until its maturity on a
non-repatriation basis.
Ø The
2014-15 budget has enhanced the saving limitto Rs.1,50,000/- from Rs.1 lakh. Deposit to PPF is tax deductible for individual
taxpayers in India u/s 80C of Income Tax Act, 1961.
21. The
word “Cabinet” has not been used anywhere in the constitution originally and
later it was introduced in the constitution by 44th Constitutional Amendment
Act, 1978 in section 352. As pr article
75 (1 A) as introduced by 91st Amendment Act, 2003, the
total number of Ministers, including the Prime Minister, in the Council of
Ministers shall not exceed 15% of the total Strength Lok Sabha. The PM has a
choice to select any non-member of Parliament as Minister, but he/ the said Minister
has to be elected to one of the Houses within 6 months from the date of
assuming charge as Minister. Otherwise, he has to resign to his post. A Minister has a right to speak and
take part in the proceedings of any of the houses, irrespective of his
membership, but he can vote only in the house where he is a member. Hence, the
answer is B.
22 and 24. There shall be a “Council of Ministers” [COM]
with the Prime Minister at the head to aid and advice the President in the
exercise of his functions. [Article 74]. It is a composite body consisting of
ministers of different ranks. The Constitution does not classify the ministers
into different ranks; however they are classified as three categories on the
basis of convention. They are “Cabinet Ministers”, “Ministers of State” and
“Deputy Ministers”.
1. Cabinet Ministers:
The Cabinet is an informal body
of senior Ministers who form the inner circle. It is like a wheel within a
wheel. The PM calls for the cabinet meetings and always meets under his
chairmanship for taking important decisions of the Government, approve the
bills, policy making etc. A Cabinet
Minister always heads a Ministry and given independent charge of it, unless he
is appointed Minister without portfolio. A Cabinet Minister is assisted by a
Minister of State or a Deputy Minister or both. A Cabinet Minister attends
meetings of the Cabinet on his own right.
2. Ministers of State
[MOS]:
MOS is ranked next to
Cabinet Minister. A Ministers
of State assist the Cabinet Minister in running the concerned
Ministry and sub-ordinate to the Cabinet Minister concerned. A Minister of
State may be given independent charge of a Ministry also, in that case, he head
the concerned Ministry and run the Ministry and generally be invited to attend
cabinet meetings. In view of this, he is superior to the MOS without
independent charge. A Minister of State
cannot attend the meetings of the Cabinet on his own right, but can attend if
invited and generally those MOS with independent charge only, would be invited
to cabinet meetings.
3. Deputy
Minister [DM]:
A Deputy Minister is
a junior member of the COM. He always functions under a Cabinet Minister or a
Minister of State. He does not attend a Cabinet meeting.
All the COM is
collectively responsible to the Lok Sabha [Art. 75(3)]. The individual
Ministers may have differences among themselves on certain issues, but once a
decision is taken by the Cabinet, it becomes the joint decision of all the
Ministers. It is the duty of each Minister to stand by it and support it in
Parliament and outside. If a Minister disagrees ‘with the decision of the
Cabinet’, he has no option but to resign from council of minister. He cannot
disapprove a decision of the Cabinet and at the same time remains as a member
of council of minister.
Council of ministers therefore works as a team and its decisions are defended by each and every minister. If a decision of a particular Ministry on a policy matter is defeated in the Lok Sabha, it is not the minister who resigns, but the whole council of ministers resigns. Thus, the council of ministers sinks or swims together. [In an unlikely event of a Minister implementing a decision without getting the approval of the Cabinet and if such as decision is defeated in the Lok Sabha, the Minister concerned has to resign but not the whole Cabinet.]
Council of ministers therefore works as a team and its decisions are defended by each and every minister. If a decision of a particular Ministry on a policy matter is defeated in the Lok Sabha, it is not the minister who resigns, but the whole council of ministers resigns. Thus, the council of ministers sinks or swims together. [In an unlikely event of a Minister implementing a decision without getting the approval of the Cabinet and if such as decision is defeated in the Lok Sabha, the Minister concerned has to resign but not the whole Cabinet.]
The Attorney General of India [AGI]:
The Attorney General
of India [AGI] is the first law officer of the country and has power to attend
any court of law in India on behalf of the Government of India. [The Article
76(1) states that the Attorney General of India is appointed by the President
and hold the post during his pleasure. In order to be appointed as the Attorney
General a person must be qualified to be appointed as a judge of the Supreme
Court.]
The chief duties of AGI are
Ø To give advice to the
Government of India on legal matters.
Ø To perform other
legal duties that are referred or assigned to him by the President.
Ø To discharge
functions conferred on him by the Constitution or any other law.
Ø He is also entitled
to take part in the proceedings of the Parliament and the Parliamentary
Committees without the right to vote.
Ø He represents the Union and the States before the courts
but is also allowed to take up private practice provided the other party is not
the State.
Because of this Attorney General of India is not paid salary but a retainer to
be determined by the President. He gets retainer equivalent to the salary of a
Judge of the Supreme Court.
Ø Appointment of
Attorney General of India is a political appointment and therefore, whenever
there is a change in the party in power the Attorney General of India resigns
from his post to enable the new Government to appoint a nominee of its choice.
The Attorney General is assisted by two Solicitors-General and 4 Additional Solicitors-General.
The Attorney General is assisted by two Solicitors-General and 4 Additional Solicitors-General.
The AGI can’t attend
cabinet meetings though, he has right to attend Parliament or committees
thereof. Hence the answer is B for 22
and A for 24.
25. The President has no role to play to take
decisions or methods of eliciting opinion or participating or addressing in the
Cabinet meetings. It is the prerogative of the COM headed by the PM to take
decisions on the administration of the country. Hence, the point no 4 is not
correct.
26. The 73rd
Amedment Act, has not prescirbed any reservations in Panchayats in favour of
Other Backward Classes (OBCs). However,
this option was given to State Government if they desires so. Hence, the correct option is “D”.
27. Organization of Local Self Governments or Panchayats is one of
the Directive Principles and is included in the State-List, but not in
con-current list. The Parliament has passed 73rd constitutional
Amendment Act in 1992, on a state subject, giving statutory status to
the Panchayats. However, the crucial issues such as devolution of functions,
functionaries and funds; giving panchayats the financial autonomy by allowing
them to levy taxes, duties, tolls; assignment of taxes, duties, taxes collected
by the states to panchayats etc. were left to the discretion of the respective
state Governments. Hence Answer is B.
28. All the resigstered voters in the jurisdictional area of Gram
Panchayats constituate the Gram Sabha. The age one has to complete for the
purpose of constesting Panchayat Elections is 21 yrs. Whereas completion of 18
yrs. is enough to register as a voter.
It is to be noted that for constesting to Legistative Assembly and L.S.,
the minimum age set is 25 yrs. and 30 yrs. for Legistative Council and R.S.
31. The local self governments in the urban areas are
called by a general name “municipalities”. These urban local bodies are of
three kinds.
i.
Nagar
Panchayat, for a transitional area, i.e. an area which is being transformed
from a rural area to an urban area.
ii.
Municipal
Council for a smaller urban area
iii.
Municipal
Corporation for a larger urban area.
Unlike Panchyati Raj
institutions [PRIs] the Urban Local Self Governments or bodies are single tier
bodies. The members of a municipality are generally elected by the direct
election from the territorial constituencies. All the persons who are qualified
to be chosen to the State Legislature shall be qualified to be chosen as a
member of Municipality. The only difference is the relaxation in the age
criterion, 21 years for members of Municipality and 25 years in the case of the
state legislature.
34. As per Section 4(k) of the PESA Act,
recommendation of Gram Sabha is mandatory prior to grant of mining lease in
Scheduled Areas. Similarly, as per section 4 (m) (ii) of the Act, Gram Sabha
has the ownership of minor forest produce [MFP] and as per section 4 (m) (iii)
of the Act, Gram Sabha has the power to prevent alienation of land in the
Scheduled Areas. Hence all the statements are correct.
35. Article 243-I. Constitution of Finance
Commission to review financial position – the Governor of a State shall
constitute a Finance Commission to review the financial position of the Panchayats
and to make recommendations to the Governors as to (a) the principles which
should govern the distribution between the State and the Panchayats of the net
proceeds o the taxes, duties, tolls and fees leviable by the State: (b) the
determination of the taxes, duties, tolls and fees which may be assigned to, or
appropriated by, the Panchayat.
36. The term of the Local Self Governments is 5 years. The
elections are to be conducted within 6 months from the dissolution of the said
bodies. In case, the PRIs or Urban local Govt.s are dissolved before their
tenure of 5 years, the elections are to be conducted within 6 months, but the
tenure of these new bodies constituted would be for remaining period out of 5
years only.
37. The Constitution has 22 parts and they are as
under. Part IX and IXA were inserted by 73rd and 74th
Amendment to Constitution in 1992. As stated in the explanation to question number
31, article 243Q in Part IXA envisages creation of 3 Urban Local Self
Governments, viz., Nagar Panchayat, Municipal councils and Muncipal Corporation
in that order from semi-urban villages to big metropolitan cities. Hence, point
number 1 is correct and 2 is wrong.
|
Part
V – The Union.
Part
VI – The States.
Part
VII –
States in the B part of the First schedule(Repealed).
Part
VIII– The Union
Territories
Part
IX– The Panchayats.
Part
IXA –
The Municipalities.
Part
IXB –
The Co-operative Societies.
|
Part
XIVA –
Tribunals.
|
Article 243 Q – Constitution of
Municipalities
1.) There shall be constituted in every state-
a)
A Nagar Panchayat (by whatever name
called) for a transitional area, that is to say, an
area in transition from a rural area to an
urban area.
b)
A Municipal Council for a smaller urban area.
c)
A Municipal Corporation for a larger urban area
38. A person
needs to be 21 years of age for contesting in municipal elections. Unless one’s
name is not in the voters’ list, he is below 18 years, others conditions are
not qualified. Among the options given in the query, the only option C is
relevant and other options have no relevance for the issue of contesting local
body elections. It appears that the student must be in PG and so that he has
crossed 21 years.
39. In
Assam, Zila Parishads are at the sub division level. At district level it is
Mohkuma Council. Mandal Praja Parishad is at Block level in Andhra. Meghalaya
has Tribal Councils, no Panchayati Raj due to tribal culture. In Mizoram, there
are no villages Panchayats due to distinct diversity.
40. The 73rd Amendment Act, 1992
which came into effect from 1993 has revolutionized the concept of PRIs and
gave them constitutional status. It added Schedule XI to constitution with 29
subjects, including agriculture, rural development, primary education and
social forestry. Elections were made mandatory for all posts at the time they
are due [Art. 243(K)]. It has provided for one-third overall reservation to
women, including one-third reservation for women within the quota reserved for
SCs and STs in proportion to their population. But, the new act has NOT
provided for any regular remuneration to the Panchayat members, so as to ensure
their punctuality and accountability. Hence answer is D.
43 and 44: The following are the functions of the Commission for SCs:
Ø
To investigate and monitor all matters relating to the
safeguards provided for the Scheduled Castes under this Constitution or under
any other law for the time being in force or under any order of the Government
and to evaluate the working of such safeguards;
Ø
To inquire into specific complaints with respect to the
deprivation of rights and safeguards of the Scheduled Castes;
Ø
To participate and advise on the planning process of
socio-economic development of the Scheduled Castes and to evaluate the progress
of their development under the Union and any State;
Ø
To present to the President, annually and at such other times as
the Commission may deem fit, reports upon the working of those safeguards;
Ø
To make in such reports recommendations as to the measures that
should be taken by the Union or any State for the effective implementation of
those safeguards and other measures for the protection, welfare and
socio-economic development of the Scheduled Castes; and
Ø
To discharge such other functions in relation to the protection,
welfare and development and advancement of the Scheduled Castes as the
President may, subject to the provisions of any law made by Parliament, by rule
specify
Ø But, the Commission
has no power to add certain group or class of people to the SC category as such
a power is vested with the President may with respect to any State or Union
Territory and where it is a State after consultation with the Governor thereof, by public notification
specify the castes, races or tribes or .parts of or groups within castes, races
or tribes which shall for the purposes of this Constitution be deemed to be
Scheduled Castes in relation to that State
or Union Territory, as the case may be.
Ø Parliament may by law include
in or exclude from the list of Scheduled Castes specified in a notification
issued under clause of any caste, race or tribe or part of or group within any
caste, race or tribe, but save as aforesaid a notification issued under the
said clause shall not be varied by any subsequent notification.
Background: National Commission for
Scheduled Castes is
an Indian constitutional body established with a view to provide
safeguards against the exploitation of Scheduled
Castes to
promote and protect their social, educational, economic and cultural interests,
special provisions were made in the Constitution. In the 89th Amendment
of the Constitution it was decided to have a separate National Commission for
Scheduled Castes & separate National Commission for Scheduled Tribes. This
came into effect on 19.02.2004. The erstwhile National Commission for SCs &
STs was bifurcated into two different Commissions with actual bifurcation date
being 1.12.2004. After bifurcation there are at present 12 State Offices under
the jurisdiction of NCSC.
The chairperson of National Commission
for Scheduled Castes is Dr P.L Punia and Shri Raj Kumar Verka, is Vice-Chairperson. The
other members are Smt Latha Priyakumar, Shri Raju Parmar, and Shri M. Shivanna. The
Chairperson and the Vice-Chairperson were conferred the Status of Cabinet
Minister and Minister of State respectively.
Ø The National Commission for
Scheduled Castes is not an adjudicatory body and its reports, which are
recommendatory in nature, cannot be equated with the civil court’s decrees or
orders, the Delhi High Court has ruled.
National Commission for SC not an adjudicatory body 6.
48. The judges of High Courts are appointed by the President of
India and not the Governor.
50 and 51.
The Governor has no role in removal of the Judges of the High Court. The
speech of the Governor in the House of the
Legislature is made by the Council of Ministers, headed by the CM. The Governor
is the nominal head of the state and the CM is the head of the government of
the state, hence, the Governor has to act in accordance with the aid and advice
of the COM of a state. [Art 163].
However,
Governor has discretion on certain matters and on the issue of his or her
speech in the Legislature of a state, he doesn’t have any discretionary power.
He has to read the speech made by the COM.
Hence, answer is C for Q 50 and A for Q 51.
59. The
non-official heads of the Local Bodies are important functionaries at the
cutting edge levels of Indian Democracy. Under the three tier Panchayat Raj
system, the lowest is the the “village panchayat”, headed by Sarpanch; Mandal
or block is a middle level panchayat headed by Block President [Mandal
President in AP] and zilla Parishad or Zilla Panchayat is at District level
headed by ZP Chairman. The Government appointed official heads of these three
bodies are- Panchayat secretary in certain states or nobody in certain states;
Block Development Officer and Chief Executive Officer respectively. In the urban local bodies there are two
types- Municipalities and Municipal Corporations, headed by Municipal President
and Mayor respectively. The official heads are Municipal commissioners of
different grades based on the size of the Municipality and corporation.
63. Art 165. Advocate General for the State:
The Governor of each State
shall appoint a person who is qualified to be appointed a Judge of a High Court
to be Advocate General for the State. It shall be the duty of the Advocate
General to give advice to the Government of the 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 by or under this Constitution or any other law for the time
being in force. The Advocate
General shall hold office during the pleasure of the Governor, and shall
receive such remuneration as the Governor may determine Conduct of Government
Business. Hence, the first statement is wrong and second is right.
64. The
Planning Commission was neither constitutional nor a statutory body, headed by
PM. It has played a crucial role in allocating the plan but it has played a key
role in preparing 5 Year Plans and taking the stock of material resources for
executing the plans etc. The NDA II Govt. wants it should be replaced with new
body new body to fulfill the aspirations
of the States in a cooperative manner. It might have not achieved its objective
in the fullest sense, but it is not true to say that it has failed in its duty.
Hence, point no 1 is correct and 2 is not correct.
68. First
Backward Classes Commission, 1955 or the Kaka Kalelkar Commission
Adhering to Article
340 of the Constitution
of India,
the First Backward Classes Commission was set up by a presidential order on 29 January 1953 under the chairmanship
of Kaka
Kalelkar.
[The commission
submitted its report on 30 March 1955. It had prepared a list of 2,399 backward
castes or communities for the entire country and of which 837 (*starred
communities) had been classified as the ‘most backward’ some of the most
noteworthy recommendations of the commission were: 1. Undertaking caste-wise
enumeration of population in the census of 1961; 2. Relating social
backwardness of a class to its low position in the traditional caste hierarchy
of Hindu society; 3. Treating all women as a class as ‘backward’; 4.
Reservation of 70 per cent seats in all technical and professional institutions
for qualified students of backward classes; 5. That special economic measures
be taken to uplift the OBCs economically through such programmes as extensive
land reforms, reorganization of village economy, Bhoodan movement, development
of livestock, dairy farming, cattle insurance, bee-keeping, piggery, fisheries,
development of rural housing, public health and rural water supply, adult
literacy programme, etc.; and 6. minimum reservation of vacancies in all
government services and local bodies for other backward classes on the
following scale: class I = 25 per cent; class II = 33½ per cent; class III and
IV = 40 per cent. Kaka
Kalelkar,
the Chairman, took a rather equivocal stand on the issue, though he did not
record a formal minutes of dissent, in his forwarding letter to the President
he opposed some recommendations made by the commission.]
The Mandal
Commission was established in India in 1979 by the Janata Party government under Prime Minister Morarji Desai with a mandate to "identify the socially or
educationally backward." It
was headed by Indian parliamentarian B.P. Mandal to consider the question of seat reservations and quotas for
people to redress caste discrimination, and used
eleven social, economic, and educational indicators to determine backwardness.
In 1980, the commission's report affirmed the affirmative action practice under Indian law whereby members of lower castes
(known as Other Backward Classes (OBC), Scheduled Castes (SC) and Scheduled Tribes (ST)) were given exclusive access to a certain portion of
government jobs and slots in public universities, and recommended changes to
these quotas, increasing them by
27% to 50%.Mobilization on caste lines had followed the political empowerment
of ordinary citizens by the constitution of free India that allowed common
people to politically assert themselves through the right to vote.
Commission
for SCs and STs
The first Commission
for SC and ST was set up in August
1978 with Shri Bhola Paswan Shastri as chairman and other four Members. In 1990 the Commission for SCs and STs
was renamed as the National Commission
for Scheduled Castes and Scheduled Tribes and it was set up as a National
Level Advisory Body to advise the Government on broad policy issues and levels
of development of Scheduled Castes and Scheduled Tribes. The first Commission
was constituted in 1992 with Shri S.H. Ramdhan as chairman. The second
Commission was constituted in October 1995 with Shri H. Hanumanthappa as
chairman. The third Commission was constituted in December 1998 with Shri
Dileep Singh Bhuria as the chairman. The fourth Commission was constituted in
March 2002 with Dr. Bizay Sonkar Shastri as the Chairperson. Consequent upon
the Constitution (Eighty-Ninth Amendment) Act, 2003 the erstwhile National
Commission for Scheduled Castes & Scheduled Tribes has been replaced by (1)
National Commission for Scheduled Castes and (2) National Commission for Scheduled Tribes.
The Union Government set up the National Commission for Minorities (NCM) under the National Commission
for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians,
Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified as
minority communities by the Union Government.
Hence the correct sequence commissions
instituted was 1. Kaka Saheb Kalekar Commission [1953], 2. Mandal Commission
[1979], 3. National Commission for SCs & STs [1990] and 4. National
Commission for Minorities [1992].
82. The Advocate
General of a State is equal to that of Attorney General of India to the Union.
He is appointed by the Governor and hold the post during his pleasure. His salary is not charged from the
Consolidated Funds of India. Hence,
points 2 and 4 are only correct.
83 and 84. In India, unlike in U.K., the CAG doesn’t control the
expenditure made by the Government. The
name of the CAG is misnomer as CAG doesn’t control the expenditure. He simply
audits, the books of government and PSUs. The right option is “C” as both the
points given are correct.
The report of the CAG constitutes a basic material for the
scrutiny done by Public Accounts Committee, consisting 22 members of the
Parliament. Report of the CAG includes examination of income & expenditure
of the Government Departments, PSUs and other concerns where Government funded
substantially. Estimate Committee has no
role in looking into and commenting on the report of the CAG. Further, the report of the CAG will never be
considered by the joint session of the both houses of the Parliament. The PAC
obtained action taken report from the Government and that report would be
tabled in the Parliament. Hence, the
correct option is “C”.
94. Tribal areas generally mean areas having preponderance of
tribal population. However, the Constitution of India refers tribal areas
within the States of Assam, Meghalaya, Tripura & Mizoram, as those areas
specified in Parts I, II, IIA & III of the table appended to paragraph 20
of the Sixth Schedule. In other words, areas where provisions of Sixth Schedule
are applicable are known as Tribal Areas. In relation to these areas Autonomous
District Councils, each having not more than thirty members has been set up.
These councils serve as an instrument of self-management and have powers of
legislation and administration of justice apart from executive, developmental
and financial responsibilities. State-wise details of Tribal Areas are as
under:-
Part I
1.
The North Cachar Hills District
2.
The Karbi-Anglong District
Part II
1.
Khasi Hills District
2.
Jaintia Hills District
3.
The Garo Hills District
Part II A
Tripura
Tribal Areas District
Part III 3
1.
The Chakma District
2.
The Mara District
3.
The Lai District
Scheduled Areas have certain distinct
provisions meant to protect and benefit tribals:
Ø
The Governor of a State, which has
Scheduled Areas, is empowered to make regulations in
respect of the following:
ü
Prohibit or restrict transfer of
land from tribals;
ü
Regulate the business of money
lending to the members of Scheduled Tribes. In making any such regulation, the
Governor may repeal or amend any Act of Parliament or of the Legislature of the
State, which is applicable to the area in question.
Ø
The Governor may by public
notification direct that any particular Act of Parliament or of the legislature
of the State shall not apply to a Scheduled Area or any part thereof in the
State or shall apply to such area subject to such exceptions and modifications
as he may specify;
Ø
The Governor of a State having
Scheduled Areas therein, shall annually, or whenever so required by the
President of India, make a report to the President regarding the administration
of the Scheduled Areas in that State and the executive power of the Union shall
extend to the giving of directions to the State as to the administration of the
said area;
Ø
In accordance with the provisions of
Para 3 of the Fifth Schedule to the Constitution, the States having Scheduled
areas viz., Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Himachal Pradesh,
Madhya Pradesh, Maharashtra, Odisha and Rajasthan are required to submit the
Governor’s Report annually.
Ø
The Tribes Advisory Councils [TAC]
has been constituted in the nine Scheduled Areas States of Andhra Pradesh,
Chhattisgarh, Gujarat, Jharkhand, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and
Rajasthan. Though Tamil Nadu and West Bengal do not
have any scheduled area, they have Tribes
Advisory Council.
Centre
reverses stand on governor's powers under Fifth Schedule -
Assistant solicitor general's affidavit says the
constitutional head of state has no discretionary powers over functioning of Tribes
Advisory Council, headed by chief minister
The
Centre seems to have reversed its stand on the powers of a governor over
administering tribal areas in a state. Earlier, the attorney general of India
had given an opinion to the home ministry, in response to a reference, that
governors do have discretionary powers, but an assistant solicitor general has
said exactly the opposite. Fauzia Mirza has said that the governor has no
discretionary powers under the Fifth Schedule of the Constitution of India in a
submission filed in the Chhattisgarh High Court on behalf of the Centre. The
Fifth Schedule is rooted in Article 244 (1) and deals with administration and
control of Scheduled Areas and Scheduled Tribes.
Mirza
filed the submission in February end in connection with an ongoing case that
has virtually challenged the Fifth Schedule and validity of the Tribes Advisory
Council (TAC). “The governor has granted powers to the chairpersons as
per the rules of TAC,” the assistant solicitor general stated. “It cannot be
said that these rules have been formulated to exercise the governor’s
discretionary powers. While framing these rules, the power of governor has been
exercised as the Constitutional head of the state acting with the aid and
advice of the council of ministers and not in his discretion,” the document
says.
The
statement contradicts the opinion expressed by attorney general G E Vahanvati
on April 21, 2010. Vahanvati, in his opinion on the nature of powers of the
governor under the Fifth Schedule, had stated that the governor does have
discretionary powers and had based his opinion on nine judgements of the
Supreme Court and other references.
The
division bench of Chief Justice Yatindra Singh and Justice Pritinkar Diwakar
granted two weeks to the advocate general to file a reply. The next hearing is
on March 12.
Fifth Schedule and its implementation in practice -
The
public interest petition filed last year in the Chhattisgarh High Court
virtually questions the Fifth Schedule. The petition says it was impractical to
implement the Fifth Schedule in its present form because of its flawed nature.
While it was the root cause of the tribals’ plight, the functioning of TAC is
also questionable, it said. According to the petitioner, if governors exercise
their near extra-constitutional powers, they would be in direct confrontation
with state executive heads.
According
to the petition, paragraph 4(2) of the Fifth Schedule stipulates that TAC
should hold deliberations in such a manner that the governor refers to them.
“In reality, the chief minister, who is also the chairperson of TAC, decides
the agenda and seizes sole control over functioning of the body without taking
any reference from the governor,” the petition states.
“Governors
never exercise their power entrusted in the Fifth Schedule,” says B K Manish,
the petitioner who is a tribal rights activist. He cited two recent
incidents—Nagari movement of Jharkhand and illegal detention of thousands of
tribals in the name of Maoist movement in Chhattisgarh. In Nagari, adivasis
approached the governor to annul a project to establish a centre of the Indian
Institute of Management by forcible acquisition of fertile land. The governor
ignored their demand. In Chhattisgarh, the governor turned a deaf ear to
tribals’ appeals to annul the draconian Chhattisgarh Special Public Security
Act.
Hence, points 1, 2 and 3
are correct and the 4th one is wrong as CM heads the TAC.
96. The Constitution
has not prescribed two thirds majority for ratifying the constitution amendment
bill by the states. At least half of the states have to ratify Constitution
Amendment bill before it is presented to the President for assent. [Going into
the details, an amendment of this Constitution
may be initiated only by the introduction of a Bill for the purpose in either
House of Parliament, and when the Bill is passed in each House by a majority of
the total membership of that House present and voting, it shall be presented to
the President who shall give his assent to the Bill and thereupon the
Constitution shall stand amended in accordance with the terms of the Bill.
However, if the amendment seeks to make any change in-
Ø
Article
54, Article 55, Article 73, Article 162 or Article 241, or
Ø
Chapter
IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
Ø
any
of the Lists in the Seventh Schedule, or
Ø
the
representation of States in Parliament, or
Ø
the provisions of this article, the amendment shall also
require to be ratified by the
Legislatures of not less than one half of the States have
to pass resolution in favor of the bill, before the Bill making provision
for such amendment is presented to the President for assent.
Hence,
the NJAC bill has to be ratified by at least 50% of the states and UTs which
have assemblies and then presented to the President for his asset.
99.
When the jurisdiction of three subjects- land, law & order and forest are
vested with the Parliament, the assembly doesn’t has “locus standi” or not
competent to make laws on the said non-transferred subjects.
*****
Note:
Dear Friends,
If you want similar explanation for any other query
which is not given here, you may ask me accordingly. If your answer to any
question went wrong, read the relevant topic till you get clarity. Polity is
one of the main subject, both for Prelims and Mains, so better to have a clear
idea on the constitution and issues emanating out of it.
Yours
friendly,
B.
YADAGIRI, IRS.,
*****
THANK YOU SIR
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