QUIZ – 2020: INSIGHTS STATIC , 28 May 2021 – Polity

Solution: b)

The Government of Union Territories Act, 1963 provides for a Legislative Assembly of Puducherry.

The same Act says that the UT will be administered by the President of India through an Administrator (LG).

Section 44 of the Act, says the Council of Ministers headed by a Chief Minister will “aid and advise the Administrator in the exercise of his functions in relation to matters with respect to which the Legislative Assembly of the Union Territory has power to make laws”.

• The same clause also allows the LG to “act in his discretion” in the matter of lawmaking, even though the Council of Ministers has the task of aiding and advising him.

What happens when there is a difference of opinion?

• In case of a difference of opinion between the LG and his Ministers on any matter, the Administrator is bound to refer it to the President for a decision and act according to the decision given by the President.

However, the Administrator can also claim that the matter is urgent, and take immediate action as he deems necessary.

Solution: c)

The 73rd Constitutional Amendment Act provides for reservation of one-third seats for women in Panchayats at all the three levels.

Reservation of thirty -three percent of seats for women in parliament and state Legislature require constitutional Amendment.

Solution: b)

The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51.

The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the

State in legislative, executive and administrative matters.

The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation.

Solution: a)

Theoretically, the Chief Minister holds office during the pleasure of the Governor. However, in actual practice the Chief Minister remains in office so long as he continues to be the leader of the majority in the State Legislative Assembly.

The 2016 Supreme Court judgment in the Nabam Rebia v Deputy Speaker held that the governor’s power to summon, prorogue and dissolve the House should be only on the advice of the council of ministers. And not at his own.

• The judgment, however, also held that if the governor has reasons to believe the council of ministers has lost the confidence of the House, he can ask the chief minister to prove the majority.

Article 164 (1A) of the Constitution prescribed that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed 15% of the total number of members of the Legislative Assembly of that State.

• This provision was introduced through the 91st Constitution (Amendment) Act, 2003.

Exceptions: Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve.

Solution: c)

The Constitution of India vests in the State Election Commission, consisting of a State Election Commissioner, the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and the Municipalities (Articles 243K, 243ZA).

The State Election Commissioner is appointed by the Governor.

The State Election Commissioners work independently of the Election Commission of India and each has its own sphere of operation.

Powers and removal of state election commissioner:

The State Election Commissioner has the status, salary and allowance of a Judge of a High Court and cannot be removed from office except in like manner and on the like grounds as a Judge of a High Court.