[Mission 2024] STATIC QUIZ, 28 August 2023 – Polity

Solution: a)

Only statement 1 is correct.

This act is of great constitutional importance as (a) it was the first step taken by the British Government to control and regulate the affairs of the East India Company in India; (b) it recognised, for the first time, the political and administrative functions of the Company; and (c) it laid the foundations of central administration in India.

It designated the Governor of Bengal as the ‘Governor-General of Bengal’ and created an Executive Council of four members to assist him. The first such Governor-General was Lord Warren Hastings.

It provided for the establishment of a Supreme Court at Calcutta.

Solution: c)

Provision was made under the Charter Act, 1833 for the addition of a law member to the Governor-General’s Council. Lord Macaulay was the first Law Member appointed under the Act. The Governor-General was also advised to appoint a Law Commission to codify all the laws.

Solution: a)

Only statement 1 is correct.

• In December, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and philosophy of the constitutional structure.
• It included the major values and ideals of sovereignty, republic, fundamental rights, directive principles, non-interference etc.
• It sought to secure to ideals mentioned in the Preamble.
• It provided for adequate safeguards for minorities, backward and tribal areas, and depressed and other backward classes.
• This Resolution was unanimously adopted by the Assembly on January 22, 1947. It influenced the eventual shaping of the constitution through all its subsequent stages. Its modified version forms the Preamble of the present Constitution.

Solution: b)

Statement 3 is incorrect.

• The total strength of the Constituent Assembly was to be 389. Of these, 296 seats were to be allotted to British India and 93 seats to the Princely States. Out of 296 seats allotted to the British India, 292 members were to be drawn from the eleven governors’ provinces and four from the four chief commissioners’ provinces, one from each.
• Each province and princely state (or group of states in case of small states) were to be allotted seats in proportion to their respective population. Roughly, one seat was to be allotted for every million population.
• Seats allocated to each British province were to be decided among the three principal communities—Muslims, Sikhs and general, in proportion to their population.
• The representatives of each community were to be elected by members of that community in the provincial legislative assembly and voting was to be by the method of proportional representation by means of single transferable vote.
• There was no communal representation.
• It included all important personalities of India at that time, with the exception of Mahatma Gandhi and M A Jinnah.

Solution: d)

Even though the basic structure doctrine was given by the SC, it is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution. It is not mentioned anywhere in the constitution, and our understanding of the basic structure comes from the various judgements of the court.

The following have emerged as ‘basic features’ of the Constitution:

• Supremacy of the Constitution; Sovereign, democratic and republican nature of the Indian polity; Secular character of the Constitution
• Separation of powers between the legislature, the executive and the judiciary; Federal character of the Constitution; Unity and integrity of the nation; Welfare state (socio-economic justice)
• Judicial review; Freedom and dignity of the individual; Parliamentary system; Rule of law; Harmony and balance between Fundamental Rights and Directive Principles; Principle of equality
• Free and fair elections; Independence of Judiciary; Limited power of Parliament to amend the Constitution; Effective access to justice; Principle of reasonableness; Powers of the Supreme Court under Articles 32, 136, 141 and 142