DAY – 41 (InstaTest-41): Insta 75 Days Revision Plan-2020: Topic – Indian Polity, Subject-wise test 9 & 18, Textbook based test 28 to 30 revision, August 2019 CA

Solution: D

Janaushadhi Sugam

• Union Ministry for Chemicals and Fertilizers has launched a mobile application “Janaushadhi Sugam”.
• The application aims to enable people to search Janaushadhi generic medicines and the stores at the tip of their fingers.
• It will also help analyse product comparison of Generic vs Branded medicine in form of MRP & overall Savings.
• Janaushadhi Sugam mobile application would have user-friendly options like- to locate nearby Janaushadhikendra, direction guidance for location of the Janaushadhikendra through Google Map, search Janaushadhi generic medicines, analyse product comparison of Generic vs Branded medicine in form of MRP & overall Savings, etc.
• It can be downloaded free of cost by the user from Google Play Store and Apple Store.

Solution: C

Ordinance-making power of the president

Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.

He can promulgate an ordinance only when both the Houses of Parliament are not in session or when either of the two Houses of Parliament is not in session.

Every ordinance issued by the President during the recess of Parliament must be laid before both the Houses of Parliament when it reassembles.

If an ordinance is allowed to lapse without being placed before Parliament, then the acts done and completed under it, before it ceases to operate, remain fully valid and effective.

An ordinance like any other legislation, can be retrospective, that is, it may come into force from a back date. It may modify or repeal any act of Parliament or another ordinance. It can alter or amend a tax law also.

Solution: A

The Vice-President, like the president, is elected not directly by the people but by the method of indirect election. He is elected by the members of an electoral college consisting of the members of both Houses of Parliament. Thus, this electoral college is different from the electoral college for the election of the President in the following two respects:

1. It consists of both elected and nominated members of the Parliament (in the case of president, only elected members).
2. It does not include the members of the state legislative assemblies (in the case of President, the elected members of the state legislative assemblies are included).

The Vice-President’s election, like that of the President’s election, is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.

All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final.

Solution: C

North East Rural Livelihood Project (NERLP)

Context: A study finds that North East Rural Livelihood Project (NERLP) improves livelihoods of 300,000 households in 11 districts of Mizoram, Nagaland, Tripura and Sikkim. Under this project, the Skills development and placement has trained 10462 boys and girls in various job skills and a total of 5494 of them are employed today.

About NERLP:

• It is a World Bank aided, multi-state livelihood project under the Ministry of Development of North Eastern Region (DoNER), launched in 2012.
• Implemented in 11 districts of Mizoram, Nagaland, Tripura and Sikkim.
• Aim: to improve rural livelihoods especially that of women, unemployed youth and the most disadvantaged, in four North Eastern States(Mizoram, Nagaland, Tripura and Sikkim)
• The project has focussed on five development strategies, namely, social empowerment, economic empowerment, partnership development, project management and livelihood & value chain developments.

Solution: A

Appointment of The Prime Minister

The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister. Article 75 says only that the Prime Minister shall be appointed by the president.

However, this does not imply that the president is free to appoint any one as the Prime Minister. In accordance with the conventions of the parliamentary system of government, the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister.

The term of the Prime Minister is not fixed and he holds office during the pleasure of the president. However, this does not mean that the president can dismiss the Prime Minister at any time. So long as the Prime Minister enjoys the majority support in the Lok Sabha, he cannot be dismissed by the President.

Solution: C

The 42nd and 44th Constitutional Amendment Acts have made the advice binding on the President. Further, the nature of advice tendered by ministers to the President cannot be enquired by any court. This provision emphasizes the intimate and the confidential relationship between the President and the ministers.

In 1971, the Supreme Court held that ‘even after the dissolution of the Lok Sabha, the council of ministers does not cease to hold office. Article 74 is mandatory and, therefore, the president cannot exercise the executive power without the aid and advise of the council of ministers. Any exercise of executive power without the aid and advice will be unconstitutional as being violative of Article 74’. Again in 1974, the court held that ‘wherever the Constitution requires the satisfaction of the President, the satisfaction is not the personal satisfaction of the President but it is the satisfaction of the council of ministers with whose aid and on whose advice the President exercises his powers and functions’.

Solution: D

Oxytocin:

Context: The Delhi High Court set aside the government decision to ban private firms from producing and selling oxytocin, a drug used for inducing labour contractions and controlling bleeding.

• Oxytocin has also been dubbed the hug hormone, cuddle chemical, moral molecule, and the bliss hormone due to its effects on behavior, including its role in love and in female reproductive biological functions in reproduction.
• Oxytocin is a hormone that is made in the brain, in the hypothalamus. It is transported to, and secreted by, the pituitary gland, which is located at the base of the brain.
• It acts both as a hormone and as a brain neurotransmitter.
• The release of oxytocin by the pituitary gland acts to regulate two female reproductive functions: Childbirth and Breast-feeding.
• Oxytocin can be administered to humans as an injection or a nasal solution.
• It is chemically synthesized and sold by pharmaceutical companies across the world.

Solution: C

Context: The Union government has released the composition of eight Cabinet Committees, including two new ones — one on Investment, the other on Employment and Skill Development.

What are these Cabinet Committees for?

Government of India Transaction of Business Rules, 1961 emerging out of Article 77(3) of the Constitution states: “The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.”

The Rules mandate the minister-in-charge of a department (ministry) to dispose of “all business allotted to a department under” him or her. However, “when the subject of a case concerns more than one department”, no decision can be taken “until all such departments have concurred, or, failing such concurrence, a decision thereon has been taken by or under the authority of the Cabinet”.

Who constitutes and assigns functions to these committees?

The Prime Minister constitutes Standing Committees of the Cabinet and sets out the specific functions assigned to them. He can add or reduce the number of committees.

Ad hoc committees of ministers, including Groups of Ministers, may be appointed by the Cabinet or by the Prime Minister for specific matters.

At present (2019), the following 8 Cabinet Committees are

functional:

1. Cabinet Committee on Political Affairs
2. Cabinet Committee on Economic Affairs
3. Appointments Committee of the Cabinet
4. Cabinet Committee on Security
5. Cabinet Committee on Parliamentary Affairs
6. Cabinet Committee on Accommodation
7. Cabinet Committee on Investment and Growth
8. Cabinet Committee on Employment and Skill Development

Except Cabinet Committee on Accommodation and Cabinet Committee on Parliamentary Affairs all others are chaired by PM.

Cabinet Committee on Accommodation: Shri Amit Shah, Minister of Home Affairs

Cabinet Committee on Parliamentary Affairs: Shri Raj Nath Singh, Minister of Defence.

Solution: B

Duration of Rajya Sabha

The Rajya Sabha (first constituted in 1952) is a continuing chamber, that is, it is a permanent body and not subject to dissolution. However, one-third of its members retire every second year. Their seats are filled up by fresh elections and presidential nominations at the beginning of every third year. The retiring members are eligible for re-election and re-nomination any number of times.

The Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. Accordingly, the Parliament in the Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha shall be six years. The act also empowered the president of India to curtail the term of members chosen in the first Rajya Sabha. In the first batch, it was decided by lottery as to who should retire. Further, the act also authorized the President to make provisions to govern the order of retirement of the members of the Rajya Sabha.

Solution: C

National Productivity Council (NPC)

• NPC is a national level autonomous organization under Department of Industrial Policy & Promotion, Ministry of Commerce & Industry to promote productivity culture in India.
• It was established as a registered society on 12th February 1958 by the Government with aim to stimulate and promote productivity and quality consciousness across all sectors in the country.
• It is a tri-partite organization with equal representation from government, employers and workers’ organizations.
• NPC is a constituent of the Tokyo-based Asian Productivity Organisation (APO), an Intergovernmental Body, of which the Government of India is a founder member.

The objectives of NPC are as follows:

• To create and develop productivity consciousness in the country.
• To make arrangements for the training of managers at every level of management.
• To make arrangements for the services of experts on the requisitions of local productivity councils.
• To undertake research with regard to various production processes.
• To send delegations to developed countries to collect and study information with regard to increased productivity.
• To make arrangements for training of personnel with regard to productivity methods and techniques in other countries.
• To invite experts on productivity from foreign countries and to make use of their knowledge and services.
• To import various productivity services with a view to having maximum utilisation of available resources, viz; men, money, materials and machines.
• To ensure higher and better living standards to the people of the country.

Solution: D

Whip

Though the offices of the leader of the House and the leader of the Opposition are not mentioned in the Constitution of India, they are mentioned in the Rules of the House and Parliamentary Statute respectively. The office of ‘whip’, on the other hand, is mentioned neither in the Constitution of India nor in the Rules of the House nor in a Parliamentary Statute. It is based on the conventions of the parliamentary government.

Every political party, whether ruling or Opposition has its own whip in the Parliament. He is appointed by the political party to serve as an assistant floor leader. He is charged with the responsibility of ensuring the attendance of his party members in large numbers and securing their support in favor of or against a particular issue. He regulates and monitors their behavior in the Parliament. The members are supposed to follow the directives given by the whip. Otherwise, disciplinary action can be taken.

Solution: A

Closure Motion

It is a motion moved by a member to cut short the debate on a matter before the House. If the motion is approved by the House, debate is stopped forthwith and the matter is put to vote. There are four kinds of closure motions:

(a) Simple Closure: It is one when a member moves that the ‘matter having been sufficiently discussed be now put to vote’.

(b) Closure by Compartments: In this case, the clauses of a bill or a lengthy resolution are grouped into parts before the commencement of the debate. The debate covers the part as a whole and the entire part is put to vote.

(c) Kangaroo Closure: Under this type, only important clauses are taken up for debate and voting and the intervening clauses are skipped over and taken as passed.

(d) Guillotine Closure: It is one when the undiscussed clauses of a bill or a resolution are also put to vote along with the discussed ones due to want of time (as the time allotted for the discussion is over).

Solution: D

Solution: A

Adjournment Motion

It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance, and needs the support of 50 members to be admitted. As it interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device.

The discussion on an adjournment motion should last for not less than two hours and thirty minutes. The right to move a motion for an adjournment of the business of the House is subject to the following restrictions:

1. It should raise a matter which is definite, factual, urgent and of public importance;
2. It should not cover more than one matter;
3. It should be restricted to a specific matter of recent occurrence and should not be framed in general terms;
4. It should not raise a question of privilege;
5. It should not revive discussion on a matter that has been discussed in the same session;
6. It should not deal with any matter that is under adjudication by court; and
7. It should not raise any question that can be raised on a distinct motion.

Solution: B

Public Accounts Committee

This committee was set up first in 1921 under the provisions of the Government of India Act of 1919 and has since been in existence. At present, it consists of 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha). The members are elected by the Parliament every year from amongst its members according to the principle of proportional representation by means of the single transferable vote. Thus, all parties get due representation in it.

The term of office of the members is one year. A minister cannot be elected as a member of the committee. The chairman of the committee is appointed from amongst its members by the Speaker. Until 1966 – ‘67, the chairman of the committee belonged to the ruling party. However, since 1967 a convention has developed whereby the chairman of the committee is selected invariably from the Opposition.

The committee is assisted by the CAG. In fact, the CAG acts as a guide, friend and philosopher of the committee.

Solution: D

Index of Eight Core Industries

It is the monthly index of production volume which measures collective and individual performance of eight core industries viz.

o Petroleum RefInery Products (weight: 28.04%)

o Electricity (19.85%)

o Steel (17.92%)

o Coal (10.33%)

o Crude Oil (8.98%)

o Natural Gas (6.88%)

o Cement. (5.37%)

o Fertilizers (2.63%)

It is compiled and released by Office of Economic Adviser (OEA), Department for Promotion of Industry and Internal Trade, Ministry of Commerce & Industry.

The Eight Core Industries comprise 40.27 per cent of the weight of items included in the Index of Industrial Production (lIP).

The base year for the Index currently is 2011-12.

Solution: D

The first Parliamentary Forum on Water Conservation and Management was constituted in the year 2005.1 Subsequently, seven more Parliamentary forums were constituted.

COMPOSITION OF THE FORUMS

The Speaker of Lok Sabha is the ex-officio President of all the Forums except the Parliamentary Forum on Population and Public Health wherein the Chairman of Rajya Sabha is the ex-officio President and the Speaker is the ex-officio Co-President. The Deputy Chairman of Rajya Sabha, the Deputy Speaker of Lok Sabha, the concerned Ministers and the Chairman of Departmentally-Related Standing Committees are the ex-officio Vice-presidents of the respective Forums.

Each Forum consists of not more than 31 members (excluding the President, Co-President and Vice-Presidents) out of whom not more than 21 are from the Lok Sabha and not more than 10 are from the Rajya Sabha.

Members (other than the President, Co-President and Vice-Presidents) of these forums are nominated by the Speaker/Chairman from amongst the leaders of various political parties/groups or their nominees, who have special knowledge/keen interest in the subject.

The duration of the office of members of the forum is coterminous with their membership in the respective Houses. A member may also resign from the forum by writing to the Speaker/Chairman.

Solution: B

Ad hoc Judge

When there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court, the Chief Justice of India can appoint a judge of a High Court as an ad hoc judge of the Supreme Court for a temporary period. He can do so only after consultation with the chief justice of the High Court concerned and with the previous consent of the president. The judge so appointed should be qualified for appointment as a judge of the Supreme Court. It is the duty of the judge so appointed to attend the sittings of the Supreme Court, in priority to other duties of his office. While so attending, he enjoys all the jurisdiction, powers and privileges (and discharges the duties) of a judge of the Supreme Court.

Retired Judge

At any time, the chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period. He can do so only with the previous consent of the president and also of the person to be so appointed. Such a judge is entitled to such allowances as the president may determine. He will also enjoy all the jurisdiction, powers and privileges of a judge of Supreme

Court. But he will not otherwise be deemed to be a judge of the Supreme Court.

Solution: C

About Equalization levy

Equalization levy was introduced to tax the income gained by foreign e-commerce companies through digital transactions from India. It is aimed at taxing business to business transactions.

The equalization levy was introduced vide Budget 2016 to give effect to the recommendations of the OECD on Base Erosion and Profit Shifting Action Plan.

https://economictimes.indiatimes.com/tech/internet/big-tech-takes-equalisation-levy-row-to-us-govt/articleshow/74922783.cms?from=mdr

Solution: C

Constitutional position of the governor differs from that of the president in the following two respects:

1. While the Constitution envisages the possibility of the governor acting at times in his discretion, no such possibility has been envisaged for the President.
2. After the 42nd Constitutional Amendment (1976), ministerial advice has been made binding on the President, but no such provision has been made with respect to the governor.

The Constitution makes it clear that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion. The governor has constitutional discretion in the following cases:

1. Reservation of a bill for the consideration of the President.
2. Recommendation for the imposition of the President’s Rule in the state.
3. While exercising his functions as the administrator of an adjoining union territory (in case of additional charge).
4. Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
5. Seeking information from the chief minister with regard to the administrative and legislative matters of the state.

Solution: D

National Board for Wildlife (NBWL) is a statutory Board constituted in 2003 under the Wild Life (Protection) Act, 1972.

It is the apex body tasked with according permissions for forest land diversions for industrial development. The NBWL is a 47 member body, chaired by the Prime Minister, of which 19 members are ex-officio members.

Functions

• No construction of commercial lodges, hotel etc. shall be undertaken except with the prior approval of the National Board.
• No alteration of the boundaries of a National Park except on a recommendation of the National Board.
• No destruction, removal of wildlife or forest produce from a National Park or diversion of habitat unless
• State Government in consultation with the National Board authorizes the issue of such permit.
• Ensure Tiger Reserves and areas linking one protected area with another are not diverted for ecologically unsustainable uses except in public interest and with the approval of the National Board.
• No alteration or de-notification of Tiger Reserves without the approval of the National Board for Wildlife.

Solution: D

Composition of Council Strength

Unlike the members of the legislative assembly, the members of the legislative council are indirectly elected. The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40. It means that the size of the council depends on the size of the assembly of the concerned state.

This is done to ensure the predominance of the directly elected House (assembly) in the legislative affairs of the state. Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.

Manner of Election

Of the total number of members of a legislative council:

1. 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.,
2. 1/12 are elected by graduates of three years standing and residing within the state,
3. 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,
4. 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly, and
5. the remainder are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.

Thus, 5/6 of the total number of members of a legislative council are indirectly elected and 1/6 are nominated by the governor. The members are elected in accordance with the system of proportional representation by means of a single transferable vote. The bonafide or propriety of the governor’s nomination in any case cannot be challenged in the courts.

This scheme of composition of a legislative council as laid down in the Constitution is tentative and not final. The Parliament is authorized to modify or replace the same. However, it has not enacted any such law so far.

Solution: C

Cauvery Wildlife Sanctuary is a protected area located in the Mandya, Chamarajanagar and Ramanagar districts of Karnataka. The Cauvery River flows through the middle of this sanctuary. The sanctuary adjoins Dharmapuri forest of Tamil Nadu.

Solution: D

The independence of a high court is very essential for the effective discharge of the duties assigned to it. It should be free from the encroachments, pressures and interferences of the executive (council of ministers) and the legislature. It should be allowed to do justice without fear or favour.

The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of a high court.

1. Mode of Appointment

The judges of a high court are appointed by the president (which means the cabinet) in consultation with the members of the judiciary itself (i.e., chief justice of India and the chief justice of the high court).

2. Security of Tenure

The judges of a high court are provided with the security of tenure.

3. Fixed Service Conditions

The salaries, allowances, privileges, leave and pension of the judges of a high court are determined from time to time by the Parliament.

4. Expenses Charged on Consolidated Fund

The salaries and allowances of the judges, the salaries, allowances and pensions of the staff as well as the administrative expenses of a high court are charged on the consolidated fund of the state. Thus, they are non-votable by the state legislature (though they can be discussed by it). It should be noted here that the pension of a high court judge is charged on the Consolidated Fund of India and not the state.

6. Ban on Practice after Retirement

The retired permanent judges of a high court are prohibited from pleading or acting in any court or before any authority in India except the Supreme Court and the other high courts.

7. Power to Punish for its Contempt

A high court can punish any person for its contempt.

8. Freedom to Appoint its Staff

The chief justice of a high court can appoint officers and servants of the high court without any interference from the executive.

Solution: A

Formation of Haryana State – 1966

Fourth General election in India – 1967

Meghalaya and Tripura become full states – 1972

Mysore named as Karnataka State – 1973

Solution: A

The pattern is,
2² = 4 – 1 = 3
3² = 9 – 1 = 8
8² = 64 – 1 = 63
63² = 3969 – 1 = 3968
3968 is the missing number.

Solution: D

The pattern is,
3*2 + 1 = 7
7*2 + 2 = 16
16*2 + 3 = 35
35*2 + 4 = 74
74*2 + 5 = 153
74 is the missing number.

Solution: C

The pattern is,
6 * 0.5 = 3
3 * 1 = 3
3 * 1.5 = 4.5
4.5 * 2 = 9
9 is the missing number.

Solution: B

The pattern is

Last Row numbers = (First row number x Second number row) + Third row number

7 x 8 + 4 = 60
9 x 9 + 9 = 90
Similarly,
8 x 8 + 6 = 70
Hence, the missing number is 8.

Answer. C.

It is clear based on a reading of the passage that C is the correct answer.