INSIGHTS REVISION TEST for Preliminary Exam 2018: Test – 48 (Polity)

Answer – b

Explanation

• Regulating Act of 1773 – It provided for the establishment of a Supreme Court at Calcutta (1774) comprising one chief justice and three other judges
• Pitt’s India Act of 1784 – It allowed the Court of Directors to manage the commercial affairs but created a new body called Board of Control to manage the political affairs. Thus, it established a system of double government
• Charter Act of 1833 – It made the Governor-General of Bengal as the Governor-General of India and vested in him all civil and military powers. Thus, the act created, for the first time, a Government of India having authority over the entire territorial area possessed by the British in India.
• Charter Act of 1853 – It separated, for the first time, the legislative and executive functions of the Governor General’s council. It provided for addition of six new members called legislative councillors to the council

Answer – b

Explanation

• Act of 1861 – It made a beginning of representative institutions by associating Indians with the law-making process. It thus provided that the viceroy should nominate some Indians as non-official members of his expanded council. It initiated the process of decentralisation by restoring the legislative powers to the Bombay and Madras Presidencies. It also provided for the establishment of new legislative councils for Bengal, North-Western Frontier Province (NWFP) and Punjab, which were established in 1862, 1866 and 1897 respectively.
• Act of 1892 – It increased the number of additional (non-official) members in the Central and provincial legislative councils, but maintained the official majority in them. It increased the functions of legislative councils and gave them the power of discussing the budget and addressing questions to the executive. The act made a limited and indirect provision for the use of election in filling up some of the nonofficial seats both in the Central and provincial legislative councils.

Answer – a

Explanation

Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.

• The total strength of the Constituent Assembly was to be 389. Of these, 296 seats were to be allotted to British India and 93 seats to the Princely States. Out of 296 seats allotted to the British India, 292 members were to be drawn from the eleven governors’ provinces and four from the four chief commissioners’ provinces, one from each Hence statement 1 is correct
• Seats allocated to each British province were to be decided among the three principal communities—Muslims, Sikhs and general (all except Muslims and Sikhs), in proportion to their population. Hence statement 2 is incorrect
• As the first meeting of Constituent Assembly was held on December 9, 1946, so it should have been logically applied. The elections to the Constituent Assembly (for 296 seats allotted to the British Indian Provinces) were held in July–August 1946. The Indian National Congress won 208 seats, the Muslim League 73 seats, and the small groups and independents got the remaining 15 seats. Hence statement 3 is incorrect

Answer – b

Explanation

• The Indian federal system is based on the ‘Canadian model’ and not on the ‘American model’. The ‘Canadian model’ differs fundamentally from the ‘American model’ in so far as it establishes a very strong centre.
• The Indian federation resembles the Candian federation (i) in its formation (i.e., by way of disintegration); (ii) in its preference to the term ‘Union’ (the Canadian federation is also called a ‘Union’); and (iii) in its centralising tendency (i.e., vesting more powers in the centre vis-a-vis the states).

Answer – d

Explanation

• K M Munshi argued that, ‘For the last thirty or forty years, some kind of responsibility has been introduced in the governance of this country. Our constitutional traditions have become Parliamentary. After this experience, why should we go back and buy a novel experience.
• B R Ambedkar pointed out in the Constituent Assembly that ‘a democratic executive must satisfy two conditions: stability and responsibility. Unfortunately, it has not been possible so far to devise a system which can ensure both in equal degree. The American system gives more stability but less responsibility. The British system, on the other hand, gives more responsibility but less stability. The Draft Constitution in recommending the parliamentary system of Executive has preferred more responsibility to more stability.’
• K T Shah favoured the adoption of the presidential system. He said, “The Chief Executive or the Head of the Union of India or in any component part thereof shall be elected by the votes of all the adult citizens of India.”

Answer – a

Explanation

• In the past, the British constitutional and political experts described the Prime Minister as ‘primus inter pares’ (first among equals) in relation to the cabinet.
• In the recent period, the Prime Minister’s power, influence and position have increased significantly vis-a-vis the cabinet. He has come to play a ‘dominant’ role in the British politico-administrative system. Hence, the later political analysts, like Cross-man, Mackintosh and others have described the British system of government as ‘prime ministerial government’.
• The same description holds good in the Indian context too.

Answer – d

Explanation

1. In the Waman Rao case (1981), the Supreme Court adhered to the doctrine of the ‘basicstructure’ and further clarified that it would apply to constitutional amendments enacted after April24, 1973 (i.e., the date of the judgement in the Kesavananda Bharati case)
2. In the Shankari Prasad case1 (1951), the constitutional validity of the First AmendmentAct (1951), which curtailed the right to property, was challenged. The Supreme Court ruled that thepower of the Parliament to amend the Constitution under Article 368 also includes the power toamend Fundamental Rights. The word ‘law’ in Article 13 includes only ordinary laws and not theconstitutional amendment acts (constituent laws). Therefore, the Parliament can abridge or take awayany of the Fundamental Rights by enacting a constitutional amendment act and such a law will not bevoid under Article 13.
3. But in the Golak Nath case (1967), the Supreme Court reversed its earlier stand. In that case, theconstitutional validity of the Seventeenth Amendment Act (1964), which inserted certain state acts inthe Ninth Schedule, was challenged. The Supreme Court ruled that the Fundamental Rights are given a‘transcendental and immutable’ position and hence, the Parliament cannot abridge or take away any ofthese rights.

Answer – b

Explanation

1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. Hence statement 1 is incorrect.
2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president. Hence statement 2 is correct
3. The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill. Hence statement 3 is correct
4. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. 24th Constitutional Amendment Act of 1971 made it obligatory. Hence statement 4 is incorrect

Answer – a

Explanation

1. Part II relates to Citizenship – Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship (Article 11)
2. Part III relates to Fundamental Rights
3. Part XX consists of one article only – Article 368 which is for Constitutional Amendment only.
4. Part XX1 consists of Articles on Temporary, Transitional and Special Provisions.

Answer – a

1. Article 324(5) deals with the removal of CEC and ECs but there is ambiguity. The provision says that CEC can be removed by the President with no clear provision for the removal of ECs is given. CEC can be removed from office only by the order of the President, just like a judge of the Supreme Court. (Hence statement 1 is correct).
2. ECs can not be removed except the permission of CEC, according to the above article. It keeps ECs vulnerable and does not provide as much safeguards as CEC has. Clearly,the ambiguity on the removal procedure of the Election Commissioners might affect the functional independence of the EC as it affects the panel’s autonomy. Note that ECs too are removed by President after following the procedure in Parliament like judge of Supreme Court, but the procedure begins only after the permission of CEC. (Hence statement 2 is incorrect).

Answer – d

Explanation

• Fundamental Rights can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21.
• Further, the six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression (i.e., external emergency) and not on the ground of armed rebellion (i.e., internal emergency).

Answer – c

Explanation

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

The concept of ‘equality before law’ is of British origin while the concept of ‘equal protection of laws’ has been taken from the American Constitution. (Hence statement 1 and statement 2 both are correct).

Answer – a

Explanation

93rd Amendment Act of 2005 – The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes regarding their admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.

In order to give effect to this provision, the Centre enacted the Central Educational Institutions (Reservation in Admission) Act, 2006, providing a quota of 27% for candidates belonging to the Other Backward Classes (OBCs) in all central higher educational institutions including the Indian Institutes of Technology (IITs) and the Indian Institutes of Management (IIMs).

Answer – c

Explanation

• In 1979, the Morarji Desai Government appointed the Second6
  Backward Classes Commission under the chairmanship of B P Mandal, a Member of Parliament, in terms of Article 340 of the Constitution to investigate the conditions of the socially and educationally backward classes and suggest measures for their advancement.
• It was after ten years in 1990 that the V P Singh Government declared reservation of 27% government jobs for the OBCs
• In the famous Mandal case8 (1992), the scope and extent of Article 16(4), which provides for reservation of jobs in favour of backward classes, has been examined thoroughly by the Supreme Court. It asked to establish a permanent statutory body to examine complaints of over-inclusion and under-inclusion in the list of OBCs.
• National Commission for Backward Classes was established in 1993 by an act of Parliament. It considers inclusions in and exclusions from the lists of castes notified as backward for the purpose of job reservation.

Answer – d

Explanation

• The term ‘untouchability’ has not been defined either in the Constitution or in the Act.
• However, the Mysore High Court held that the subject matter of Article 17 is not untouchability in its literal or grammatical sense but the ‘practice as it had developed historically in the country’. It refers to the social disabilities imposed on certain classes of persons by reason of their birth in certain castes.
• Hence, it does not cover social boycott of a few individuals or their exclusion from religious services, etc

Answer – b

Explanation

Six rights under Article 19 are protected against only state action and not private individuals. (Hence statement 1 is incorrect)

Moreover, these rights are available only to the citizens and to shareholders of a company but not to foreigners or legal persons like companies or corporations. (Hence statement 2 is correct).

Answer – b

Explanation

1. Trade, commerce and intercourse throughout the territory of India shall be free (Article 301 in Part XIII). Thus not a constitutional right and hence not justiciable under Article 32. However it is ordinarily justiciable otherwise.
2. It is a Fundamental right under Article 19 and thus justiciable under Article 32.
3. The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV). Thus it is only a constitutional right just like 1. and hence not justiciable under Article 32.

Answer – a

Explanation

Constitution places certain restrictions on the plenary territorial jurisdiction of the Parliament

The President can make regulations for the peace, progress and good government of the four Union Territories—the Anda-man and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. A regulation so made has the same force and effect as an act of Parliament. It may also repeal or amend any act of Parliament in relation to these union territories. (Hence statement 1 is correct).

The governor is empowered to direct that an act of Parliament does not apply to a scheduled area in the state or apply with specified modifications and exceptions.

The Governor of Assam may likewise direct that an act of Parliament does not apply to a tribal area (autonomours district) in the state or apply with specified modifications and exceptions. The President enjoys the same power with respect to tribal areas (autonomous districts) in Meghalaya, Tripura and Mizoram. (Hence statement 2 is incorrect).

Answer – d

Explanation

The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List, that is, (a) education, (b) forests, (c) weights and measures, (d) protection of wild animals and birds, and (e) administration of justice; constitu-tion and organisation of all courts except the Supreme Court and the high courts.

Answer – a

Explanation

The power to make laws with respect to residuary subjects (i.e., the matters which are not enumerated in any of the three lists) is vested in the Parliament. This residuary power of legislation includes the power to levy residuary taxes. Under this provision, the Parliament has imposed gift tax, wealth tax and expenditure tax.