QUIZ – 2020: INSIGHTS STATIC , 5 June 2021 – Polity

Solution: a)

Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949 itself.

The remaining provisions (the major part) of the Constitution came into force on January 26, 1950.

With the commencement of the Constitution, the Indian Independence Act of 1947 and the Government of India Act of 1935, with all enactments amending or supplementing the latter Act, were repealed.

Solution: d)

A mere declaration of fundamental rights in the Constitution is meaningless, useless and worthless without providing an effective machinery for their enforcement, if and when they are violated.

Hence, Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. In other words, the right to get the Fundamental Rights protected is in itself a fundamental right. This makes the fundamental rights real.

That is why Dr Ambedkar called Article 32 as the most important article of the Constitution—‘an Article without which this constitution would be a nullity. It is the very soul of the Constitution and the very heart of it’.

Solution: b)

In the Kesavananda Bharati case (1973), the Supreme Court ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.

Options (c): For e.g. Centre can reduce the taxation powers of states under lets say GST, which is possible through the Parliament.

Preamble has already been amended once, and DPSP too has been extended.

Solution: b)

Cabinet Committees:

They are not mentioned in the Constitution. However, the Rules of Business provide for their establishment.

They are of two types—standing and ad hoc. The former are of a permanent nature while the latter are of a temporary nature.

They are mostly headed by the Prime Minister. Sometimes other Cabinet Ministers, particularly the Home Minister or the Finance Minister, also acts as their Chairman.

But, in case the Prime Minister is a member of a committee, he invariably presides over it.

They are set up by the Prime Minister according to the exigencies of the time and requirements of the situation. Hence, their number, nomenclature, and composition varies from time to time.

They not only sort out issues and formulate proposals for the consideration of the Cabinet, but also take decisions. However, the Cabinet can review their decisions.

Solution: b)

The powers and status of the State Legislative council are broadly equal to that of the State Legislative assembly, except in some cases.

Both have equal powers in the consideration of the reports of the constitutional bodies like State Finance Commission, state public service commission and Comptroller and Auditor General of India.

The council can discuss the budget but cannot vote on the demands for grants (which is the exclusive privilege of the assembly).

Similar to passing of a law, ordinances also need to be approved by both houses.

Only the assembly participates in the election of the Rajya Sabha MPs based on proportional representation system (single transferrable votes).

Money bill can be introduced only in legislative assembly.