QUIZ – 2020: INSIGHTS STATIC QUIZ, 15 May 2020 – Polity

Solution: b)

Indian Councils Act, 1861, 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.

In 1862, Lord Canning, the then viceroy, nominated three Indians to his legislative council—the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.

Solution: b)

The president may also be removed before the expiry of the term through impeachment for violating the Constitution of India by the Parliament of India. The process may start in either of the two houses of the parliament. The house initiates the process by levelling the charges against the president. The charges are contained in a notice that has to be signed by at least one-quarter of the total members of that house. The notice is sent up to the president and 14 days later, it is taken up for consideration.

A resolution to impeach the president has to be passed by a two-thirds majority of the total number of members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the president has the right to defend oneself through an authorised counsel. If the second house also approves the charges made by special majority again, the president stands impeached and is deemed to have vacated their office from the date when such a resolution stands passed. No president has faced impeachment proceedings so the above provisions have never been used.

The US Constitution states that the President can be removed on grounds of treason, bribery, high crimes or misdemeanour.

Solution: d)

The Ninth Schedule was added to the Constitution by the First Amendment in 1951.

In IR Coelho versus State of Tamil Nadu, various laws placed in the Ninth Schedule were challenged on the ground that any law violating fundamental rights should be struck down as “unconstitutional” and that the court’s power of judicial review cannot be taken away. A nine-judge constitution bench delivered its verdict on the issue in January 2007.

What did the SC constitution bench say?

• The SC upheld the Parliament’s power to place a particular law in the Ninth Schedule. But it said laws placed in the Ninth Schedule are open to judicial scrutiny and that such laws do not enjoy a blanket protection.
• Laws placed in the Ninth Schedule after the Keshwanand Bharti Judgment on April 24, 1973, when it propounded the “basic structure” doctrine, were open to challenge.
• It laid down dual test to examine the validity of a law placed in the Ninth Schedule. Whether it violates any fundamental right and if yes whether the violation also damages or destroys the basic structure. If the answer to both the questions is in the affirmative, then only a law placed in the Ninth Schedule can be declared unconstitutional.

Source

Solution: c)

The Tenth Schedule was inserted in the Constitution in 1985. It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote. This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House.  The law applies to both Parliament and state assemblies.

Source

Solution: a)

There are some units of the Indian Union which enjoy very little power. These are areas which are too small to become an independent State but which could not be merged with any of the existing States. These areas, like Chandigarh, or Lakshadweep or the capital city of Delhi, are called Union Territories. These territories do not have the powers of a State. The Central Government has special powers in running these areas. Therefore, option 3 has no connection with the Principle of federalism.