[Mission 2023] STATIC QUIZ, 22 September 2022 – Polity

Solution: d)

In the Minerva Mills case (1980), the Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.

This harmony and balance between the two is an essential feature of the basic structure of the Constitution.

The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

However, the Parliament cannot amend the Directive principles on its whims and fancies and affect the ‘welfare state’ credential of Indian constitution since it forms a part of the basic structure.

Solution: b)

Article 200 provides that when a Bill passed by the State Legislature, is presented to the Governor, the Governor shall declare—

(a) that he assents to the Bill; or

(b) that he withholds assent therefrom; or

(c) that he reserves the Bill for the President’s consideration; or

(d) the Governor may, as soon as possible, return the Bill (other than a Money Bill) with a message for re-consideration by the State Legislature. But, if the Bill is again passed by the Legislature with or without amendment, the Governor shall not withhold assent therefrom; or

(e) if in the opinion of the Governor, the Bill, if it became law, would so derogate from the powers of the High Court as to endanger its constitutional position, he shall not assent to but shall reserve it for the consideration of the President.

Solution: a)

In the Muzaffarpur shelter home sexual abuse case, the former Chief Justice N.V. Ramana wondered why even an ‘action taken’ report should be in a sealed envelope.

It is true that the law permits the submission of confidential material to the court in some cases. In addition, courts can order some contents to be kept confidential. The Evidence Act also allows the privilege of non-disclosure of some documents and communications.

Solution: d)

Part XVII of the Constitution deals with the official language in Articles 343 to 351. Its provisions are divided into four heads—

• Language of the Union,
• Regional languages,
• Language of the judiciary and texts of laws and
• Special directives.

Solution: d)

The Constitution of India lays down a functional separation of the organs of the State in the following manner:

• Article 50: State shall take steps to separate the judiciary from the executive. This is for the purpose of ensuring the independence of judiciary.
• Article 122 and 212: validity of proceedings in Parliament and the Legislatures cannot be called into question in any Court. This ensures the separation and immunity of the legislatures from judicial intervention on the allegation of procedural irregularity.
• Judicial conduct of a judge of the Supreme Court and the High Courts’ cannot be discussed in the Parliament and the State Legislature, according to Article 121 and 211 of the Constitution.
• Articles 53 and 154 respectively, provide that the executive power of the Union and the State shall be vested with the President and the Governor and they enjoy immunity from civil and criminal liability.

Article 361: the President or the Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office.