[Mission 2023] STATIC QUIZ, 2 May 2023 – Polity

Solution: d)

Conditions Precedent for the Successful Working of Democracy:

• Absence of glaring inequalities
• Presence of an opposition
• Equality of law and administration
• Observance of constitutional morality
• Avoidance of tyranny of majority over minority
• A functioning of moral order in society
• Public conscience

Solution: c)

What is the collegium system of appointment of judges?

• It is the way by which judges of the Supreme Court and High Courts are appointed and transferred. The collegium system is not rooted in the Constitution or a specific law promulgated by Parliament; it has evolved through judgments of the Supreme Court.
• The Supreme Court collegium is a five-member body, which is headed by the incumbent Chief Justice of India (CJI) and comprises the four other seniormost judges of the court at that time. A High Court collegium is led by the incumbent Chief Justice and four other seniormost judges of that court. By its very nature, the composition of the collegium keeps changing, and its members serve only for the time they occupy their positions of seniority on the Bench before they retire.

Judges of the higher judiciary are appointed only through the collegium system, and the government has a role only after names have been decided by the collegium. 

Solution: d)

Provisions of the Constitution:

• The relevant Constitutional provisions stand on two legs, which are mutually supportive. On the one hand, there is the principle of Equality, which prohibits the State from discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them under Article 15(1), and guarantees “equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State” under Article 16(1), in addition to prohibition against discrimination against any citizen on the same grounds as in Article 15(1), specifically with respect to employment or appointment under the State.

The other leg is the special provisions, which under Article 15(4) empowers the State to “make any provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes”, and under Article 16(4) provides “for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the State”.

Solution: b)

Absolute veto is exercised in the following two cases:

(a) With respect to private members’ bills (ie, bills introduced by any member of Parliament who is not a minister); and

(b) With respect to the government bills when the cabinet resigns (after the passage of the bills but before the assent by the President) and the new cabinet advises the President not to give his assent to such bills.

The President does not possess Suspensive veto in the case of money bills. The President can either give his assent to a money bill or withhold his assent to a money bill but cannot return it for the reconsideration of the Parliament. Normally, the President gives his assent to money bill as it is introduced in the Parliament with his previous permission.

President has no veto power in respect of a constitutional amendment bill. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional amendment bill.

Solution: c)

The Vice-President is elected by the method of indirect election. He is elected by the members of an electoral college consisting of the members of both Houses of Parliament. Thus, this electoral college is different from the electoral college for the election of the President in the following two respects:

1. It consists of both elected and nominated members of the Parliament (in the case of president, only elected members).
2. It does not include the members of the state legislative assemblies (in the case of President, the elected members of the state legislative assemblies are included).