UPSC Static Quiz – Polity : 5 November 2024

Solution: b)

Statement 1 is not correct: PIL is essentially meant as a remedial jurisprudence for those who can’t approach the court on account of poverty or some other disability.

In a PIL, in contrast to a class-action suit, the court may be flexible in its application of procedural law and go beyond the legal issues raised to assume new roles such as that of an ombudsman, a legislator and a monitor. 

Statement 2 is correct: The first PIL, Hussainara Khatoon vs State of Bihar, was filed in 1979 on the basis of reports highlighting the pitiable conditions of prisoners awaiting trial for long periods.

Solution: d)

The motions moved by the members to raise discussions on various matters fall into three principal categories:

Statement 1 is not correct: Substantive Motion is a self-contained independent proposal dealing with a very important matter like impeachment of the President or removal of Chief Election Commissioner.

Statement 2 is not correct: Substitute Motion is moved in substitution of an original motion and proposes an alternative to it. If adopted by the House, it supersedes the original motion.

Statement 3 is not correct:  Subsidiary Motion is a motion that, by itself, has no meaning and cannot state the decision of the House without reference to the original motion or proceedings of the House.

Solution: b)

Statement 1 is not correct: The Code of Criminal Procedure (CrPC) provides for remission of prison sentences, which means the whole or a part of the sentence may be cancelled.

Statement 2 is correct: Both the President and the Governor have been vested with sovereign power of pardon by the Constitution, commonly referred to as mercy or clemency power.

Statement 3 is correct: In the case of death sentences, the Central government may also concurrently exercise the same power as the State governments to remit or suspend the sentence.

Under Article 72, the President can grant pardons, reprieves, respites or remissions of punishment or suspend, remit or commute the sentence of any person convicted of any offence in all cases.

Under Article 72 and Article 161, the respective governments advise the President/Governor to suspend, remit or commute sentences.

Solution: b)

Clemency powers of the Indian President under article 72:

It says that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.

The President can exercise these powers:

• In all cases where the punishment or sentence is by a court martial;
• In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
• In all cases where the sentence is a sentence of death.

S2: This power of pardon shall be exercised by the President on the advice of Council of Ministers.

S3: The constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction.

But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness

Solution: a)

Statement 1 is correct: An Appropriation Bill is a money bill that allows the government to withdraw funds from the Consolidated Fund of India to meet its expenses during the course of a financial year.

As per Article 114 of the Constitution, the government can withdraw money from it only after receiving approval from Parliament. While the Finance Bill contains provisions on financing the expenditure of the government, an Appropriation Bill specifies the quantum and purpose for withdrawing money.

Statement 2 is not correct: The Appropriation Bill is first passed by Lok Sabha and then sent to Rajya Sabha. Rajya Sabha has the power to recommend any amendments in this Bill. However, it is the prerogative of Lok Sabha to either accept or reject these recommendations.