UPSC Static Quiz – Polity : 26 October 2024

Solution: a)

The 84^th amendment Act of 2001 empowered the government to undertake readjustment of territorial constituencies in States based on 1991 census.

The 87^th amendment Act of 2003 provided for delimitation of constituencies based on 2001 census.  Hence statement 1 is incorrect.

• Delimitation commission Act was enacted in 1952.
• The Commission is appointed by the president of India
• it works in collaboration with the Election Commission of India Hence statement 2 is incorrect.
• According to the constitution of India, the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court
• Consequently, orders issued by Delimitation Commission become final and cannot be challenged in any court. Hence statement 3 is correct.

Solution: b)

All-India Services

Article 312 makes the following provisions in respect of all-India services:

(a) The Parliament can create new all India services (including an all-India judicial service), if the Rajya Sabha passes a resolution declaring that it is necessary or expedient in the national interest to do so. Such a resolution in the Rajya Sabha should be supported by two-thirds of the members present and voting. This power of recommendation is given to the Rajya Sabha to protect the interests of states in the Indian federal system. Hence, statement 1 is incorrect.

(b) Parliament can regulate the recruitment and conditions of service of persons appointed to all-India services. Accordingly, the Parliament has enacted the All-India Services Act, 1951 for the purpose. Hence, statement 2 is correct.

(c) The services known at the commencement of the Constitution (that is, January 26, 1950) as the Indian Administrative Service and the Indian Police Service are deemed to be services created by Parliament under this provision.

(d) The all-India judicial service should not include any post inferior to that of a district judge. A law providing for the creation of this service is not to be deemed as an amendment of the Constitution for the purposes of Article 368. Hence, statement 3 is correct.

Solution: c)

• The president and the governors cannot be sued during the term of their office or thereafter, for any act done by them in the exercise and performance of their official powers and duties.
• The judicial officers enjoy immunity from any liability in respect of their official acts and hence, cannot be sued.

Under the Constitution, the civil servants are conferred personal immunity from legal liability for official contracts. This means that the civil servant who made a contract in his official capacity is not personally liable in respect of that contract but it is the government (Central or state) that is liable for the contract.

Solution: a)

Articles 323 A and 323 B differs in the following three aspects:

1. While Article 323 A contemplates establishment of tribunals for public service matters only, Article 323 B contemplates establishment of tribunals for certain other matters. Hence, statement 1 is correct.
2. While tribunals under Article 323 A can be established only by Parliament, tribunals under Article 323 B can be established both by Parliament and state legislatures with respect to matters falling within their legislative competence. Hence, statement 2 is incorrect.

3. Under Article 323 A, only one tribunal for the Centre and one for each state or two or more states may be established. There is no question of hierarchy of tribunals, whereas under Article 323 B a hierarchy of tribunals may be created.

Solution: a)

The “jus soli” principle is premised on the automatic grant of citizenship based on the place of birth provided the person is domiciled in India, qualifying it with religious identity, was in fact a proposal to ingrain religion into the bedrock of the Constitution.