Insights Static Quiz -214, 2019–Polity

Solution: d)

• President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre. Conversely, the governor of a state may, with the consent of the Central government, entrust to that government any of the executive functions of the state.
• Constitution also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state. But, in this case, the delegation is by the Parliament and not by the president. Notably, the same thing cannot be done by the state legislature.

Solution: b)

In respect of matters on which both the Parliament and the state legislatures have power of legislation (i.e., the subjects enumerated in the Concurrent List), the executive power rests with the states except when a Constitutional provision or a parliamentary law specifically confers it on the Centre.

Solution: a)

• Swaran Singh Committee suggested the incorporation of eight Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties
• Certain recommendations of the Committee were not accepted and hence, not incorporated in the Constitution. These include:

1. Parliament may provide for the imposition of such penalty or punishment as may be
   considered appropriate for any non-compliance with or refusal to observe any of the duties
2. No law imposing such penalty or punishment shall be called in question in any court on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution
3. Duty to pay taxes should also be a Fundamental Duty of the citizens

Solution: d)

• The idea of Directive Principles of State Policy was borrowed from Irish Constitution of 1937. Hence, statement 1 is correct
• Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. In the words of Dr B R Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935. What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive’. Hence, statement 2 is correct

• 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities (Article 38). Hence, statement 3 is correct

Solution: a)

A person to be appointed as a judge of the Supreme Court should have the following qualifications:

1. He should be a citizen of India. Hence, statement 1 is correct
2. (a) He should have been a judge of a High Court (or high courts in succession) for five years; hence, statement 3 is incorrect or (b) He should have been an advocate of a High Court (or High Courts in succession) for ten years; or (c) He should be a distinguished jurist in the opinion of the president.

Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court. Hence, statement 2 is incorrect