KEY to the CSP-2015 Indian Polity Test 3 Dated 15.11.2014

KEY to the CSP-2015 Indian Polity Test 3 Dated 15.11.2014

1.	A	21.	C	41.	C	61.	B	81	B
2.	C	22.	C	42.	A	62.	A	82	B
3.	D	23.	D	43.	B	63.	D	83	D
4.	C	24.	B	44.	D	64.	C	84	C
5.	B	25.	B	45.	C	65.	D	85	D
6.	A	26.	A	46.	A	66.	A	86	A
7.	B	27.	B	47.	D	67.	C	87	A
8.	C	28.	A	48.	A	68.	B	88	D
9.	C	29.	C	49.	D	69.	A	89	A
10.	A	30.	C	50.	D	70.	C	90	D
11.	B	31.	B	51.	D	71	B	91	D
12.	C	32.	D	52.	A	72	C	92	A
13.	D	33.	D	53.	C	73	A	93	C
14.	B	34.	D	54.	A	74	C	94	A
15.	A	35.	C	55.	C	75	B	95	C
16.	B	36.	C	56.	B	76	A	96	A
17.	D	37.	A	57.	B	77	A	97	A
18.	C	38.	C	58.	D	78	B	98	B
19.	C	39.	B	59.	D	79	C	99	A
20.	A	40.	A	60.	A	80	A	100	D

Explanations:

1. Pro-tem Speaker is not a constitutional post. It is created as a convention to facilitate the proceedings of new Lok Sabha after every General Election to Lok Sabha in India. Whenever new Lok Sabha is formed, the newly elected Members of Lok Sabha elect one among them as a Pro-tem Speaker. It is convention that the senior mostmember among them be elected as pro-tem speaker, dis-regarding the party affiliations.

Ø  The Pro-tem Speaker administers the oath to all the members of Lok Sabha and does the duties of speaker till a new speaker is elected.

Ø  The Pro-tem speaker ceases to exist once the new speaker is elected.

Ø  He is appointed by the President of India by notification.

There is no concept of pro-tem Chairman in RajyaSabha as the latter is a permanent House [RajyaSabha is a permanent chamber and will never be dissolved, whereas LokSabha is dissolved every five years or early by the President on the recommendation of COM or himself]. The Chairman administers oath to the one third members who joins RajyaSabha every two years.

2. There is a reservation for elected members of LokSabha for SCs and STs in LokSabha, but no reservation for them in RajyaSabha. Hence, answer is C.

3.The LokSabha has been empowered to disapprove the continuation of National Emergency under Article 352. For revoking the emergency, not less than one tenth of the members of Lok Sabha issue notice to Speaker if LS is in session or the President if the LS is not in session for convening a special sitting to disapprove the emergency. A special sitting has to be called for within 14 days to make such a resolution. This special act is not in the domain of RajyaSabha. Hence, the correct option is D.  

It is to be noted that if LS is dissolved before approving the proclamation of emergency under Article 352, it has to be approved by RajyaSabha and the said proclamation has to be ratified by the Lok Sabha within one month after its reconstitution.

5.The Council of Ministers are responsible to Lok Sabha but not to the Rajya Sabha. In other words the Council of Ministers continues to be in power till they maintain majority in Lok Sabha i.e., 50 % of the total membership + 1 member. Defeat of any motions or bill introduced by the Government or passage of cut motions in the Lok Sabha warrant resignation of the Council of Ministers. However, any defeat of motions or bills in Rajya Sabha would not warrant resignation of COM, as the bill can be re-passed in the joint sitting by way of numerical superiority of Lok Sabha. Hence, correct option is B.

8.& 9.   The Parliament has to meet at least twice in a year and there shall not be a gap of not more than 6 Months between two sessions.  Every meeting of the Parliament has to be commenced (started) and prorogued (closed) by the President of India as president is part of the parliament in India. Each meeting of Parliament is called “session”. Generally Parliament meets thrice in a year in three sessions,viz., Monsoon session(July), winter session(December) and budget session (February). There is no concept of summer session in India.

13.Impeachment of the President requires passage of resolution to that effect by the both houses of the Parliament by special majority. It means, the resolution of the impeachment shall be passed by 50% of the total members of the house and 2/3rds of the members present and voting. Hence, point No. 4 which states that resolution with the simple majority is enough for impeaching the president is not factually correct.

14.If a Member of Parliament is elected to both houses of the Parliament,he or she has to resign for one of the houses. But there is no rule that he has to lose his LokSabha Membership.  The member has a choice to retain the membership of his or her choice and submit resignation for another.

16. In the U.K. the Parliament is sovereign, as there is no written Constitution and Parliament is at liberty to change any existing Law or to make any new Law as it deem fit.  Though India adopted the West Minister Model of Parliamentary Democracy of U.K., the adoption of Written Constitution restricted the liberty of Indian Parliament to make Laws as it deem fit.  The Indian Parliament has to make legislation as mandated by the Constitution and the Supreme Court of India has been created as guardian of the Constitution and Fundamental Rights of the Citizens.

The following features of Indian constitution make Parliament a non-sovereign body

Ø  Division of Powers between Centre and States

Ø  Judicial Review of the Supreme Court (Any Law passed by the Parliament incontravention of the Constitution would be quashed by the Supreme Court as ‘Null & Void’). 

Ø  Written Constitution.

Ø  Fundamental Rights.

Ø  Further, the Supreme Court has formulated the concept of “Basic Structure of the Constitution” and ruled that parliament cannot amend the basic structure of the constitution.

In U.K. majority of the Parliamentary Procedure goes by conventions as against prescribed Rules or Articles as per the written Constitution in India. Hence unlike British Parliament, Indian Parliament is not a sovereign body.  Therefore, right option is “B”. 

17. The legislative business of the parliament can be boiled down to three categories of bills, ordinary bills, money bills and constitution amendment bills. The bills meant for amending the constitution are called constitution amendment bills within the meaning of Article 368 of the Constitution. Similarly, the bills which are covered in Article 110 are called money bills. And the reaming bills are called ordinary bills. The procedure and voting requirements would change as per the category of the bills mentioned supra.

             Ordinary bills can originate in any one of the houses of parliament. Once the bill is passed in the originating house with simple majority, then the bill will be sent to the second house for passing the bill, before it presented to President for his assent. The second chamber may accept the bills as it is or may suggest some amendments. If the amendments proposed by second house are acceptable to originating house, then the bill with amendment suggested by the second house would be presented to president for his assent. If the amendment suggested by second house are not acceptable to originating house, the President has to call for joint sitting of the parliament, presided over by the Speaker of LokSabha. Because of the numerical superiority, the bill of LokSabha will generally be prevailed in the joint sitting. However, in the case of a tie or getting equal words the Speaker will cast his vote to decide the fate of the bill.

            In the case of money bills the procedure is different from that of ordinary bills. The money bills are to be originated from Lok Sabha only. The Rajya Sabha can’t suggest amendments and can delay without taking any action for a maximum period of 14 days. However, it can suggest changes or recommend amendments in the Money bill. If the amendments recommended by RS are acceptable to LS, they would become part of the bill. Otherwise, the money bill is deemed to have been passed by the both houses of the parliament and presented to the President for his assent. All the money bills are to be introduced in the LS with the prior approval of the President.

Ø  In the case of constitution amendment bills, the bill can be originated in any of the houses. But the bills have to be passed by the house of the parliament by a special majority independently.

Ø  As seen from the above, both in the case of money bills and constitution amendment bills there is no provision for joint sitting of the parliament to solve the dispute between the two houses on a bill.

18.  Under the Indian Constitution, the COM is responsible to LokSabha and therefore RajyaSabha is not competent to initiate and pass Confidence / No Confidence Motions. Further, Money& Financial Bills can’t be introduced in RajyaSabha.  However, the RajyaSabha can initiate and passCut Motions when the demands for grants are presented to it from LokSabha. Bill for creation a new State can be introduced in any of the houses.    Hence the answer is C.

19. All the statements, except “C” are correct. The decision of Speaker on the disqualification of members under Chapter 10 or Anti-defection Act, 1985 is not final and is subjected to Judicial Review.

20. A Bill is the draft of a legislative proposal. It has to pass through various stages before it becomes an Act of Parliament. They are introduced in one of the houses of the Parliament [Introduction of bill is called first reading], Publication in the Gazette, referring the bill to select committee [ if Presiding officer found it necessary], general discussion on the bill or policy underlying the bill [ first stage in second reading], clause by clause discussion on the bill [second stage in second reading], final discussion for and against the bill [third reading], bill in the second house [in the second house also, same procedure except introducing the bill has to be followed] and amendments or changes suggested by the second house and submission of bill passed by both houses to the President for his assent. These stages are explained below in detail. 

First Reading

The legislative process starts with the introduction of a Bill in either House of Parliament—LokSabha or RajyaSabha. A Bill can be introduced either by a Minister or by a private member. In the former case it is known as a Government Bill and in the latter case it is known as a Private Member’s Bill.

It is necessary for a member-in-charge of the Bill to ask for leave to introduce the Bill. If leave is granted by the House, the Bill is introduced.  This stage is known as the First Reading of the Bill. If the motion for leave to introduce a Bill is opposed, the Speaker may, in his discretion, allow brief explanatory statement to be made by the member who opposes the motion and the member-in-charge who moved the motion.  Where a motion for leave to introduce a Bill is opposed on the ground that the Bill initiates legislation outside the legislative competence of the House, the Speaker may permit a full discussion thereon. Thereafter, the question is put to the vote of the House. However, the motion for leave to introduce a Finance Bill or an Appropriation Bill is forthwith put to the vote of the House.

Publication in Gazette

After a Bill has been introduced, it is published in the Official Gazette. Even before introduction, a Bill might, with the permission of the Speaker, be published in the Gazette.

In such cases, leave to introduce the Bill in the House is not asked for and the Bill is straightaway introduced.

Reference of Bill to Standing Committee

After a Bill has been introduced, Presiding Officer of the concerned House can refer the Bill to the concerned Standing Committee for examination and make report thereon.

If a Bill is referred to Standing Committee, the Committee shall consider the general principles and clauses of the Bill referred to them and make report thereon. The Committee can also take expert opinion or the public opinion who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House. The report of the Committee, being of persuasive value shall be treated as considered advice given by the Committees.

Second Reading

The Second Reading consists of consideration of the Bill which is in two stages.

First Stage: The first stage consists of general discussion on the Bill as a whole when the principle underlying the Bill is discussed. At this stage it is open to the House to refer the Bill to a Select Committee of the House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion thereon or to straightaway take it into consideration.

If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause just as the House does. Amendments can be moved to the various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House which considers the Bill again as reported by the Committee. If a Bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the Governments of the States and Union Territories. Opinions so received are laid on the Table of the House and the next motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not ordinarily permissible at this stage to move the motion for consideration of the Bill.

Second Stage: The second stage of the Second Reading consists of clause-by-clause consideration of the Bill as introduced or as reported by Select/Joint Committee.

Discussion takes place on each clause of the Bill and amendments to clauses can be moved at this stage. Amendments to a clause have been moved but not withdrawn are put to the vote of the House before the relevant clause is disposed of by the House. The amendments become part of the Bill if they are accepted by a majority of members present and voting. After the clauses, the Schedules if any, clause 1, the Enacting Formula and the Long Title of the Bill have been adopted by the House, the Second Reading is deemed to be over.

 Third Reading

Thereafter, the member-in-charge can move that the Bill be passed. This stage is known as the Third Reading of the Bill. At this stage the debate is confined to arguments either in support or rejection of the Bill without referring to the details thereof further than that are absolutely necessary. Only formal, verbal or consequential amendments are allowed to be moved at this stage. In passing an ordinary Bill, a simple majority of members present and voting is necessary. But in the case of a Bill to amend the Constitution, a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting is required in each House of Parliament.

Bill in the other House

After the Bill is passed by one House, it is sent to the other House for concurrence with a message to that effect, and there also it goes through the stages described above except the introduction stage.

Money Bills

Bills which exclusively contain provisions for imposition and abolition of taxes, for appropriation of moneys out of the Consolidated Fund, etc., are certified as Money Bills. Money Bills can be introduced only in LokSabha. RajyaSabha cannot make amendments in a Money Bill passed by LokSabha and transmitted to it. It can, however, recommend amendments in a Money Bill, but must return all Money Bills to LokSabha within fourteen days from the date of their receipt. It is open to LokSabha to accept or reject any or all of the recommendations of RajyaSabha with regard to a Money Bill. If LokSabha accepts any of the recommendations of RajyaSabha, the Money Bill is deemed to have been passed by both Houses with amendments recommended by RajyaSabha and accepted by LokSabha and if LokSabha does not accept any of the recommendations of RajyaSabha, Money Bill is deemed to have been passed by both Houses in the form in which it was passed by LokSabha without any of the amendments recommended by RajyaSabha. If a Money Bill passed by LokSabha and transmitted to RajyaSabha for its recommendations is not returned to LokSabha within the said period of fourteen days, it is deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by LokSabha.

21. Though RajyaSabha cannot make amendments in a Money Bill passed by LokSabha, but it can recommend amendments in a Money Bill, but must return all Money Bills to LokSabha within fourteen days from the date of their receipt. If LokSabha accepts any of the recommendations of RajyaSabha, the Money Bill is deemed to have been passed by both Houses with amendments recommended by RajyaSabha. Under these facts, it is not correct to say that RS has no role in passing of Money bills. Had that been the case, the money bills would not have transmitted to RS at all. Hence the only wrong statement is “C”.

23 and 35. Both the options are wrong for Q.No.25 and hence answer is D. It is desirable to know that President is duty bound to place or caused to lay an estimated receipts and expenditure for the ensuing financial year, known as “Annual Financial Statement” or Budget under article 112.

Ø  The estimates of expenditure embodied in the annual financial statement shall show two kinds of expenditure separately,

ü  The Charged expenditure the Consolidated Fund of India and

ü  2. The sums required to meet other expenditure proposed to be made from the Consolidated Fund of India, and shall distinguish expenditure on revenue account from other expenditure.

1. The expenditure which is charged on the Consolidated Fund of India:

Ø  the emoluments and allowances of the President and other expenditure relating to his office;

Ø  the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;

Ø  debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

Ø  (i). the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court; (ii) the pensions payable to or in respect of Judges of the Federal Court;(iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in 86[a Governor's Province of the Dominion of India];

Ø  the salary, allowances and pension payable to or in respect of the Comptroller and Auditor-General of India;

Ø  any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;

Ø  Any other expenditure declared by this Constitution or by Parliament by law to be so charged.

2. Other expenditure other than expenditure charged upon the CFI:

Ø  Estimated “Demands for grants of all the Ministries”

Ø  Other expenditure of the Government of India  

The expenditure proposed to be charged upon the CFI [Consolidated Fund of India] shall not be discussed as this expenditure is very essential and meant for certain purposes which are un-questionable and therefore has to be passed by the Parliament without any discussion or proposals for reducing the expenditure by way of cut motions. Whereas other sums demanded or proposed by the GOI in the annual financial statement were to be vetted and discussed and the opposition moves cut motions on the expenditure proposed.

As stated above the Annual Finance Bill provides the estimated receipts and expenditure for the ensuing financial year and not the legal authority for the withdrawal of sums from the consolidated fund of India. All the expenditure proposed has to be passed by way of “Appropriation bill” which will give authorization for withdrawing sums from the CFI, including charged expenditure. Hence, the charged expenditure on CFI requires approval of the Parliament as proposed without any discussion.

26. The decision of the speaker of LokSabha whether a bill is a “money bill” or not is final and no other constitutional or other authority, including Courts have any role in the issue. Further, no money bill can be introduced in the RajyaSabha. In the case of AP Re-organization Bill, 2014, the bill was introduced in RajyaSabha first and the chairman took a view that the said bill was money bill and therefore the Government re-introduced the bill in LokSabha.

27, 33 and 48. The fate of the bills which are pending before the Parliament on prorogue/dissolution of LokSabha is described as under.

Ø  On prorogue: No bill pending would lapse on the prorogue of the both houses of Parliament by the President

Ø  On dissolution of LS: It can be remembered that] All the bills which has touched LS [either passed by it or pending before it] and not reached President for his assent tend to lapse on the dissolution of LS, as its term is ended. [In other words those bills which are passed by both house of Parliament and presented to the president or the President sent back the bill for reconsideration of the Lok Sabha would not lapse] 

Ø  Since, RS is a permanent chamber, any bill which it has initiated and pending before it, without the involvement of LS, would not lapse.

Similarly, all the motions and resolutions would lapse when the Parliament is prorogued. Prorogue is ending of a session of Parliament. 

29. The primary object of an adjournment motion is to draw the attention of the House to a recent matter of urgent public importance having serious consequences and in regard to which a motion or a resolution with proper notice will be too late. The matter proposed to be raised should be of such a character that something very grave which affects the whole country and its security has happened and the House is required to pay its attention immediately by interrupting the normal business of the House.The adjournment motion is thus an extraordinary procedure which, if admitted, leads to setting aside the normal business of the House for discussing a definite matter of urgent public importance.

Ø  The subject matter of the motion must have a direct or indirect relation to the conduct or default on the part of the Union Government and must precisely pin-point the failure of the Government of India in the performance of its duties in accordance with the provisions of the Constitution and Law.

Ø  Thus, the prime aim of adjournment motion is to discuss the failure of the GOI or to discuss a grave issue of public importance not simply getting answers from the Ministers, as in the case of un-starred question. 

Ø  [A matter which falls within the jurisdiction of a State Government is inadmissible, but a matter concerning the constitutional developments in a State or atrocities on the Scheduled Castes and Scheduled Tribes and other weaker sections of the society which bring the Union Government into picture may be considered for admission on merits. The refusal to give his consent is in the absolute discretion of the Chair and he is not bound to give any reasons.

36. The tax proposals are made by the Ministry of Finance or in general the Government at the Centre. It is presented to the Parliament where members have power to discuss the budget tax proposals at length and may propose to reduce the tax rates or policy underlying the tax proposals through discussions or cut motions etc. However, the Parliament has no power to enhance the tax rates proposed by the Union Executive.

37 and 38.Supplementary and Excess Demands for Grants

Ø  Supplementary demand for grants are necessitated when the amounts authorized by Parliament to a Ministry are in-sufficient for the current financial year or additional expenditure for a new service added to the functions of the Ministry during the current year.

Ø  If any money has been spent on any service during a financial year in excess of the amount granted or the service for that year is called “Excess Demand for Grants”.  [All cases involving such excesses are brought to the notice of Parliament by the Comptroller and Auditor General through his report on the Appropriation Accounts. The excesses are then examined by the Public Accounts Committee which makes recommendations regarding their regularization in its report to the House.]

Ø  The Supplementary Demands for Grants are presented to and passed by the House before the end of the financial year while the demands for excess grants are made after the expenditure has actually been incurred and after the financial year to which it relates, has expired.

Ø  Supplementary and Excess Grants are regulated by the same procedure as is applicable in the case of demands for grants of the main Budget subject to such adaptations, whether by way of modification, addition or omission, as the Speaker deems necessary or expedient.

Ø  Thediscussion on the Supplementary Demands for Grants is confined to the items constituting the same and no discussion can be raised on the original grants nor on the policy underlying them. No discussion on any question of principle or policy if they are sanctioned in the budget, but the policy can be questioned to the items of expenditure on which the vote of the House is sought. General grievances cannot be ventilated during discussion on a Supplementary Grant. Member can only point out whether the Supplementary Demand is necessary or not.

Ø  During discussion on Excess Demands for Grants members can point out how money has been spent unnecessarily or that it ought not to have been spent; beyond this there is no scope for general discussion or for ventilation of grievances.

Ø  The cut motions to Supplementary or Excess Demands for Grants must relate to the subject matter of the Supplementary or Excess Demands.

44. The Estimates Committee has representation only from LokSabha and other committees have members drawn from both houses.

Q.47. All the three statements are true. The MPs and MLAs/MLCs, if they violate certain provisions of law would automatically get disqualified under the articles 102 and 191 respectively. These articles were made ineffective by the Section 8(4) of the Representation to Peoples Act, 1951. In the case of Lily Thomas vs Union of India [2013], the SC held that Section 8(4) of the RPA, which allows MPs and MLAs who are convicted while serving as members to continue in office till an appeal against such conviction is disposed of, is unconstitutional. This was negated by bringing an amendment to the RPA Act. As per the amendment, an MP, MLA or MLC cannot be disqualified after conviction if he or she files an appeal within 90 days from the date of conviction and such conviction is stayed.  A proviso added to sub-section (4) of section 8 of the RP Act makes it clear that the convicted member shall continue to take part in proceedings of Parliament or Legislature of a state but he or she shall neither be entitled to vote nor draw salary and allowances till the appeal or revision is finally decided by the court.

49. The misuse of anti-defection provisions for promoting horse trading and for gaining political mileage has lowered the prestige of Legislature though some measures were taken to address the misuse of the provisions of X schedule.

53. There is a concept of “locus standi” in judicial system that stipulates that aggrieved person can only go to court for justice by filing a case. But under PIL, the courts have relaxed the locus standi principle and allowed the cases filed by the spirited citizens on behalf of somebody or on behalf of society seeking justice. The PIL can be filed before a District Magistrate under section 133 of Criminal Procedure Code, 1973 and u/a 226 before a HC and u/a 32 before the Supreme Court. The answer is C as Cr.PC is not a part of constitution.

55. There are 7 states in India which have bicameral Legislature [both Legislative assembly and Legislative Council]  and they are  AP, Telangana, Karnataka, Maharashtra, UP, Bihar and  J&K. The proposals pending at Parliament for creation of VidanaParishadsare Assam and Rajastan.

56. The jurisdiction of Supreme Court and High Courts can be enhanced by the Parliament by Law. But the powers can’t be curtailed by the Parliament. It is to be noted that the Supreme Court recently has struck down the “National Tribunal Act” as ultra-vires and ruled that this act took away the powers of the High Courts. The NT Act was made by Parliament to create a Tax Tribunal to deal with direct and indirect case appeals and the pending cases were supposed to transfer from the High Courts. This Act was never implemented and finally squashed by SC now.

57. Doctrine of Severability or Separability states that when a part of the statute is declared unconstitutional, then the unconstitutional part is to be removed and the remaining valid portion will continue to valid. The idea is to retain the Act or legislation in force by discarding / deleting only the void portion and retaining the rest.

59.  Financial Bill Category A can only be introduced in the LokSabha on the recommendation of the President.  However once it has been passed by the LokSabha, it is like an ordinary Bill and there is no restriction on the powers of the RajyaSabha on such Bills.

60. Rising Vote: A vote taken by having members stand. 

Division of the Assembly; a Division: A vote retaken for the purpose of verifying a voice vote or show of hands; a division may be ordered by the chair or by a single member. 

Roll Call Vote: A procedure by which the vote of each member is formally recorded in the minutes. Second: To indicate support for consideration of a motion by saying: "I second the motion." Slate: List of candidates. 

Unanimous (or general) Consent: A means of taking action on a motion without a formal vote. When a presiding officer perceives that there is little or no opposition to a motion before the assembly, business can often be expedited by the chair's simply calling for objections, if any. If no objection is heard, the motion is adopted; if even one member objects, the motion are brought to a formal vote by the usual procedure. 

61.But the Constitution itself through Article 254 provides that where there is an inconsistency in laws made by the Center and the State then the Doctrine of Repugnancy will be applied and the State Law would be void to the extent of repugnancy to the Union Law and the Union Law will prevail over the State Law to the extent of repugnancy. However, in the case of state laws which were approved/assented by the President and if such law contravenes the central law, the former would prevail. [It is to be noted that state bills can be reserved by the Governor and the President may assent the bill]

65. All the three statements are not correct. The Union Territories with assemblies, Puduchchery and National Capital Territory of Delhi have representation in RajyaSabha. The election disputes are dealt with by the Courts not the Chief Election Commissioner and finally  the Parliament consists of the LokSabha, the RajyaSabha and President of India.

67. The CJI has power to appoint retired SC judge to act as Judge of SC for temporary period.

68. This question was given on the original jurisdiction of the Supreme Court. The original jurisdiction is basically Federal in character. In other words, all the disputes between the Centre and States/federal units individually or in combinations are dealt under the jurisdiction. Hence, any dispute between the Government of India and any Corporation or Individual on one side and one or more other States on the other doesn’t come under the original jurisdiction. Further, as per the jurisdiction, the Supreme Court is barred in entertaining any dispute arising out of pre-constitutional treaty, covenant or any other similar instrument which has continued thereafter between Centre and states or among states. Hence, statements 3 and 5 are not correct. The correct answer is B. 

70. A court of record is a court whose acts and proceedings are enrolled for perpetual memory and testimony. These records are used with a high authority and their truth cannot be questioned. In Indian constitution article 129 make the Supreme Court the ‘court of record”. Article 129 says: Supreme Court to be a court of record.-The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. Article 215 empowers the High Courts of the states to be courts of record.

72. Art 13(2) gives the power of Judicial Review to the Supreme Court.

75. Supreme Court can’t issue writs for the enforcement of any legal right within the territory of India. However, this power is enjoyed by the High Courts under article 226.

76. Advice given by SC under the article 143 is not binding. Logic, it is advice, not order.

77. All the judicial and quasi-judicial bodies have to give a certificate to the accused or litigant once a sentence is passed on all appealable orders. This is very essential for filing the appeal. In the case of High Court orders in all CIVIL cases [dealing in civil disputes such as property dispute etc.] cannot be appealed before Supreme Court. Those Civil cases where substantial question of law is found are only eligible to be appealed before SC. To this effect, a certificate has to be issued by the High Court. 

[In the Criminal cases, a death sentence given by District sessions Court is appealable to High Court and if sentence given by Sessions court is upheld by the High Court, then the sentenced person can move to Supreme Court. In these cases, the Sessions court/High Court gives certificate for filing appeal before high Court and Supreme Court respectively. Here there is no rule prescribing arising of substantial question of law for appealing before SC]  

78. All the orders passed by the SC are binding on all the courts operating in India, but they are not binding on the SC. The SC has power to review its own orders and has power to reverse if found not correct or require modification.

80. The Subordinate Courts or lower Judiciary is working under the administrative control of

respective High Courts. The highest Court at district level is District Court headed by a District

Judge. This is of two types, one, District Court is for civil matters and District Sessions Court for

dealing with Criminal issues. Where ever work load is heavy, there will be further courts such as

“Additional District Courts”, Assistant District Courts to deal with civil and criminal matters and

they would be working under the administrative control of District Judge on respective category.

 If the word, “sessions” is used, it is invariably a court dealing in criminal matters and if the civil

is used and word sessions is not used, it invariably a Civil Court.

Similarly where there are Metropolitan areas, there the word “Metropolitan” is prefixed to the

Courts to distinguish from District Courts.  The highest civil court in Metropolitan areas is “City

Civil Court” and thesessions courts are headed by Chief Metropolitan Judicial Magistrate or

Chief Metropolitan Magistrate. Note that name “Judicial or Magistrate” indicate the sessions

Court not the Civil Court. You can see Wikipedia for further details in this regard.

85. As per the Supreme Court ruling, the advice given by it to President under article 143 is binding on the other Courts in India. However, it is not binding on the President.

88. The Government of India has fixed and sealed the number of constituencies of Parliament     till 2026 on the basis of 2001 census, not 2011 census.

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Note: CBSC material of XI class on Judiciary is enclosed. You may use this as one of the sources and update your knowledge bank in this area.

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