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Question 1 of 5
1. Question
The Indian constitution is a written one unlike in some of the other democracies. What does it imply?
- The form of government in India has been codified in the constitution to reduce political and administrative conflicts.
- All the laws made by Parliament are to be written down as a part of the constitution.
- Only because of a written constitution, citizens are able to enjoy fundamental rights.
Select the correct answer code:
Correct
Solution: d)
Constitution specifies the structure, organisation, powers and functions of both the Central and state governments and prescribes the limits within which they must operate. Thus, it avoids the misunderstandings and disagreements between the two. All the laws made in India are codified separate from the constitution and maintained in a law book. They need not be a part of the constitution. Even in the UK where there is no written constitution, people enjoy several fundamental rights. However, only because our fundamental rights are written in the constitution, it is difficult to amend and change them as per the wishes of the political executive.
Incorrect
Solution: d)
Constitution specifies the structure, organisation, powers and functions of both the Central and state governments and prescribes the limits within which they must operate. Thus, it avoids the misunderstandings and disagreements between the two. All the laws made in India are codified separate from the constitution and maintained in a law book. They need not be a part of the constitution. Even in the UK where there is no written constitution, people enjoy several fundamental rights. However, only because our fundamental rights are written in the constitution, it is difficult to amend and change them as per the wishes of the political executive.
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Question 2 of 5
2. Question
Consider the following statements about Speaker Pro Tem
- The President appoints a member of the Lok Sabha as the Speaker Pro Tem.
- The constitution mentions no oath to the office of Speaker Pro Tem.
- The Speaker Pro Tem has limited powers to that of the Speaker.
Which of the above statements is/are incorrect?
Correct
Solution: c)
As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem. Usually, the senior most member is selected for this. (Statement 1)
The President himself administers oath to the Speaker Pro Tem. (Statement 2)
The Speaker Pro Tem has all the powers of the Speaker. (Statement 3)
Incorrect
Solution: c)
As provided by the Constitution, the Speaker of the last Lok Sabha vacates his office immediately before the first meeting of the newly-elected Lok Sabha. Therefore, the President appoints a member of the Lok Sabha as the Speaker Pro Tem. Usually, the senior most member is selected for this. (Statement 1)
The President himself administers oath to the Speaker Pro Tem. (Statement 2)
The Speaker Pro Tem has all the powers of the Speaker. (Statement 3)
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Question 3 of 5
3. Question
Match these schedules of Constitution to what they contain.
- First Schedule – List of names of All States and Union Territories
- Second Schedule – Powers of President, Governor and Judges
- Fourth Schedule – Allocation of seats in Rajya Sabha
- Seventh Schedule – Division of powers between Legislative, Executive and Judiciary
Select the correct answer code:
Correct
Solution: c)
First Schedule — Names of the States and their territorial jurisdiction; Names of the Union Territories and their extent.
Second Schedule — Provisions relating to the emoluments, allowances, privileges and so on of President, Governor, Judges etc.
Third Schedule — Forms of Oaths or Affirmations for MPs, Ministers, Constitutional functionaries etc.
Fourth Schedule – Allocation of seats in the Rajya Sabha to the states and the union territories.
Fifth Schedule – Provisions relating to the administration and control of scheduled areas and scheduled tribes.
Sixth Schedule – Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
Seventh Schedule – Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List).
Eighth Schedule – Languages recognized by the Constitution.
Ninth schedule – Acts & regulation of states dealing with the land reforms & abolition of zamindari system and of the Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
Tenth schedule – Anti-defection provisions
Eleventh schedule – powers, authority and responsibilities of Panchayat
Twelfth schedule – powers, authority and responsibilities of Municipalities
Incorrect
Solution: c)
First Schedule — Names of the States and their territorial jurisdiction; Names of the Union Territories and their extent.
Second Schedule — Provisions relating to the emoluments, allowances, privileges and so on of President, Governor, Judges etc.
Third Schedule — Forms of Oaths or Affirmations for MPs, Ministers, Constitutional functionaries etc.
Fourth Schedule – Allocation of seats in the Rajya Sabha to the states and the union territories.
Fifth Schedule – Provisions relating to the administration and control of scheduled areas and scheduled tribes.
Sixth Schedule – Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
Seventh Schedule – Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List).
Eighth Schedule – Languages recognized by the Constitution.
Ninth schedule – Acts & regulation of states dealing with the land reforms & abolition of zamindari system and of the Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
Tenth schedule – Anti-defection provisions
Eleventh schedule – powers, authority and responsibilities of Panchayat
Twelfth schedule – powers, authority and responsibilities of Municipalities
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Question 4 of 5
4. Question
Consider the following statements regarding the procedure for Impeachment of President of India.
- The President in India can be removed on grounds of treason, bribery, high crimes or misdemeanour.
- The charges of impeachment can be initiated in either house of the Parliament.
- Till now the impeachment proceeding has been passed only once by the parliament.
Which of the above statements is/are incorrect?
Correct
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.
Incorrect
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.
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Question 5 of 5
5. Question
Consider the following statements with regard to the President of I
- The President does not exercise his/her discretion on the advice given by the Council of Ministers.
- All members of the Legislative Assemblies and both the Houses of the Parliament take part in electing the President.
- The President’s ordinance making power is not a discretionary power.
Which of the above statements is/are correct?
Correct
Solution: c)
The President can send back the advice given by the Council of Ministers and ask the Council to reconsider the decision. In doing this, the President acts on his (or her) own discretion. When the President thinks that the advice has certain flaws or legal lacunae, or that it is not in the best interests of the country, the President can ask the Council to reconsider the decision. Although, the Council can still send back the same advice and the President would then be bound by that advice, such a request by the President to reconsider the decision, would naturally carry a lot of weight. So, this is one way in which the president can act in his own discretion.
Whenever the office becomes vacant, the new president is chosen by an electoral college consisting of the elected members of both houses of parliament (M.P.s), the elected members of the State Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the legislative assemblies (MLAs) of union territories with legislatures, i.e., National Capital Territory (NCT) of Delhi, Jammu and Kashmir, and Puducherry.
Incorrect
Solution: c)
The President can send back the advice given by the Council of Ministers and ask the Council to reconsider the decision. In doing this, the President acts on his (or her) own discretion. When the President thinks that the advice has certain flaws or legal lacunae, or that it is not in the best interests of the country, the President can ask the Council to reconsider the decision. Although, the Council can still send back the same advice and the President would then be bound by that advice, such a request by the President to reconsider the decision, would naturally carry a lot of weight. So, this is one way in which the president can act in his own discretion.
Whenever the office becomes vacant, the new president is chosen by an electoral college consisting of the elected members of both houses of parliament (M.P.s), the elected members of the State Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the legislative assemblies (MLAs) of union territories with legislatures, i.e., National Capital Territory (NCT) of Delhi, Jammu and Kashmir, and Puducherry.
