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Question 1 of 5
1. Question
Consider the following statements.
- A no-confidence motion is “a motion expressing want of confidence in the Council of Ministers.”
- There should be a minimum of 50 percent of the members approval for moving the No-Confidence Motion.
- A no-confidence motion in the Lok Sabha is governed by the provisions in the Rules of Procedure and Conduct of the Lok Sabha.
Which of the above statements is/are correct?
Correct
Solution: c)
According to the Article 75 of the Indian Constitution, council of ministers shall be collectively responsible to the Lok Sabha and as per Article 164, the council of ministers shall be collectively responsible to the Legislative Assembly of the State.
According to rule 198 of the Rules of Procedure and Conduct of the Lok Sabha, a no-confidence motion is “a motion expressing want of confidence in the Council of Ministers.”
With a minimum of 50 Members’ approval, the motion can be moved.
A no-confidence motion needs a majority vote to pass the House. If individuals or parties abstain from voting, those numbers will be removed from the overall strength of the House and then the majority will be taken into account.
Incorrect
Solution: c)
According to the Article 75 of the Indian Constitution, council of ministers shall be collectively responsible to the Lok Sabha and as per Article 164, the council of ministers shall be collectively responsible to the Legislative Assembly of the State.
According to rule 198 of the Rules of Procedure and Conduct of the Lok Sabha, a no-confidence motion is “a motion expressing want of confidence in the Council of Ministers.”
With a minimum of 50 Members’ approval, the motion can be moved.
A no-confidence motion needs a majority vote to pass the House. If individuals or parties abstain from voting, those numbers will be removed from the overall strength of the House and then the majority will be taken into account.
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Question 2 of 5
2. Question
The term ‘fledgling democracy’ mean
Correct
Solution: d)
The term fledgling is used to describe a person, organization, or system that is new or without experience.
Incorrect
Solution: d)
The term fledgling is used to describe a person, organization, or system that is new or without experience.
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Question 3 of 5
3. Question
Part XVII of the Constitution deals with the official language. Its provisions are divided into
- Official Language of the Union
- Regional languages
- Language of the judiciary and texts of laws
Select the correct answer code:
Correct
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.
Incorrect
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.
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Question 4 of 5
4. Question
Consider the following statements.
- In India no law can be amended retrospectively.
- In India, no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence.
- The Constitution of India guarantees protection against double jeopardy.
Which of the above statements is/are correct?
Correct
Solution: b)
Criminal laws cannot be amended retrospectively. Civil law can be amended retrospectively. For example, a tax can be imposed retrospectively.
Article 20 of the Constitution guarantees protection against double jeopardy. Article 20(1) says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
Incorrect
Solution: b)
Criminal laws cannot be amended retrospectively. Civil law can be amended retrospectively. For example, a tax can be imposed retrospectively.
Article 20 of the Constitution guarantees protection against double jeopardy. Article 20(1) says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
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Question 5 of 5
5. Question
Consider the following statements regarding Recusal of Judges.
- Recusal of Judges implies that, when there is a conflict of interest, a judge can withdraw from hearing a case.
- The Constitution provides the rules governing recusals.
- The practice comes from the principle that nobody can be a judge in her own case.
Which of the above statements is/are correct?
Correct
Solution: c)
Why does a judge recuse?
When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case.
The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case.
The decision to recuse generally comes from the judge herself as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest. In some circumstances, lawyers or parties in the case bring it up before the judge. If a judge recuses, the case is listed before the Chief Justice for allotment to a fresh Bench.
There are no formal rules governing recusals, although several Supreme Court judgments have dealt with the issue.
Since there are no formal rules governing the process, it is often left to individual judges to record reasons for recusal. Some judges disclose the reasons in open court; in some cases, the reasons are apparent.
Incorrect
Solution: c)
Why does a judge recuse?
When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case.
The practice stems from the cardinal principle of due process of law that nobody can be a judge in her own case.
The decision to recuse generally comes from the judge herself as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest. In some circumstances, lawyers or parties in the case bring it up before the judge. If a judge recuses, the case is listed before the Chief Justice for allotment to a fresh Bench.
There are no formal rules governing recusals, although several Supreme Court judgments have dealt with the issue.
Since there are no formal rules governing the process, it is often left to individual judges to record reasons for recusal. Some judges disclose the reasons in open court; in some cases, the reasons are apparent.
