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Question 1 of 5
1. Question
Which of the following is/are the recommendations of Sarkaria Commission?
- Article 356 should be used very sparingly, in extreme cases as a last resortwhen all the available alternatives fail.
- The Centre should consult the states before making a law on a subject of the Concurrent List.
- When the president withholds his assent to the state bills, the reasons should be communicatedto the state government.
Select the correct answer code:
Correct
Solution: d)
Sarkaria Commission
In 1983, the Central government appointed a three-member Commission on Centre–state relations under the chairmanship of R S Sarkaria, a retired judge of the Supreme Court.
The Commission made 247 recommendations to improve Centre–state relations. The important recommendations are mentioned below:
- A permanent Inter-State Council called the Inter-Governmental Council should be set up under Article 263.
2. Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. - When the president withholds his assent to the state bills, the reasons should be communicated to the state government.
4. The Centre should have powers to deploy its armed forces, even without the consent of states.
Incorrect
Solution: d)
Sarkaria Commission
In 1983, the Central government appointed a three-member Commission on Centre–state relations under the chairmanship of R S Sarkaria, a retired judge of the Supreme Court.
The Commission made 247 recommendations to improve Centre–state relations. The important recommendations are mentioned below:
- A permanent Inter-State Council called the Inter-Governmental Council should be set up under Article 263.
2. Article 356 (President’s Rule) should be used very sparingly, in extreme cases as a last resort when all the available alternatives fail. - When the president withholds his assent to the state bills, the reasons should be communicated to the state government.
4. The Centre should have powers to deploy its armed forces, even without the consent of states.
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Question 2 of 5
2. Question
If any question arises whether a matter falls within the Governor’s discretion or not, whose decision shall be final and why?
Correct
Solution: c)
If any question arises whether a matter falls within the Governor’s discretion or not, decision of the Governor shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
Also, the constitution says that the advice tendered by Ministers to the Governor shall not be inquired into in any court.
Incorrect
Solution: c)
If any question arises whether a matter falls within the Governor’s discretion or not, decision of the Governor shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
Also, the constitution says that the advice tendered by Ministers to the Governor shall not be inquired into in any court.
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Question 3 of 5
3. Question
Consider the following statements regarding Article 32 of the Indian Constitution.
- Article 32 affirms the right to move the Supreme Court for the enforcement of the rights conferred in Part III of the Indian Constitution.
- The right guaranteed under Article 32 is not absolute and can be suspended.
- An individual approaching the High Court under Article 226 for the violation of fundamental rights is itself is a fundamental right.
Which of the above statements is/are correct?
Correct
Solution: a)
What is Article 32?
It is one of the fundamental rights listed in the Constitution that each citizen is entitled. Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
During the 1975 Emergency, a five-judge bench of the Supreme Court, in the ADM Jabalpur vs Shivakant Shukla case, had ruled that the right to constitutional remedies under Article 32 would remain suspended during a national emergency.
The 44th Amendment also stated that according to Article 359, the president could issue orders suspending the right to move any court for the enforcement of fundamental rights, under Article 32, during a national emergency, with the exception of Article 20 ( deals with protection of certain rights in case of conviction for offences) and Article 21 (protection of life and personal liberty).
In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court. When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32. Article 226, however, is not a fundamental right like Article 32.
Incorrect
Solution: a)
What is Article 32?
It is one of the fundamental rights listed in the Constitution that each citizen is entitled. Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
During the 1975 Emergency, a five-judge bench of the Supreme Court, in the ADM Jabalpur vs Shivakant Shukla case, had ruled that the right to constitutional remedies under Article 32 would remain suspended during a national emergency.
The 44th Amendment also stated that according to Article 359, the president could issue orders suspending the right to move any court for the enforcement of fundamental rights, under Article 32, during a national emergency, with the exception of Article 20 ( deals with protection of certain rights in case of conviction for offences) and Article 21 (protection of life and personal liberty).
In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court. When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32. Article 226, however, is not a fundamental right like Article 32.
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Question 4 of 5
4. Question
Consider the following statements.
- Article 356 is inspired by Government of India Act, 1919.
- A state government pursuing anti-secular politics is liable to action under Article 356.
- The presidential proclamation imposing President’s Rule is subject to judicial review.
Which of the above statements is/are correct?
Correct
Solution: c)
The presidential proclamation imposing President’s Rule is subject to judicial review. The satisfaction of the President must be based on relevant material. The action of the president can be struck down by the court if it is based on irrelevant or extraneous grounds or if it was found to be malafide or perverse.
Secularism is one of the ‘basic features’ of the Constitution. Hence, a state government pursuing anti-secular politics is liable to action under Article 356.
Incorrect
Solution: c)
The presidential proclamation imposing President’s Rule is subject to judicial review. The satisfaction of the President must be based on relevant material. The action of the president can be struck down by the court if it is based on irrelevant or extraneous grounds or if it was found to be malafide or perverse.
Secularism is one of the ‘basic features’ of the Constitution. Hence, a state government pursuing anti-secular politics is liable to action under Article 356.
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Question 5 of 5
5. Question
Consider the following statements.
- Rightto cast a vote in elections is neither a fundamental right nor a right under common law.
- Prisoners can cast their vote from jails through postal ballot.
Which of the above statements is/are incorrect?
Correct
Solution: b)
The Supreme Court had observed that the right to cast a vote in elections is neither a fundamental right nor a right under common law.
Who can vote and who cannot?
Under Section 62(5) of the Representation of the People Act, 1951, individuals in lawful custody of the police and those serving a sentence of imprisonment after conviction cannot vote. Undertrial prisoners are also excluded from participating in elections even if their names are on electoral rolls.
Only those under preventive detention can cast their vote through postal ballots.
Incorrect
Solution: b)
The Supreme Court had observed that the right to cast a vote in elections is neither a fundamental right nor a right under common law.
Who can vote and who cannot?
Under Section 62(5) of the Representation of the People Act, 1951, individuals in lawful custody of the police and those serving a sentence of imprisonment after conviction cannot vote. Undertrial prisoners are also excluded from participating in elections even if their names are on electoral rolls.
Only those under preventive detention can cast their vote through postal ballots.
