Polity- Constitution and Political system Flashcards

Question

Art 19: Freedom of Assembly?

Answer 1

* includes the right to hold public meetings, demonstrations and take out processions * can be exercised only on public land and the assembly must be peaceful and unarmed * does not include the right to strike.

Answer 2

1. Sovereignty and integrity of India 2. Public order incl maintenance of traffic in the area concerned * Sec 144 of CrPC * Sec 141 of IPC: an assembly of 5 or more persons become unlawful if the object is to * resist the execution of any law or legal process; * to forcibly occupy the property of some person; * to commit any mischief or criminal trespass; * to force some person to do an illegal act; and * to threaten the government or its officials on exercising lawful powers

Answer 3

* sovereignty and integrity of India, * public order and * morality ALSO, right to obtain recognition of the association is not a fundamental right. SC held that the trade unions have no guaranteed right to effective bargaining or right to strike or right to declare a lock-out. The right to strike can be controlled by an appropriate industrial law.

Answer 4

* This right underline the idea that India is one unit so far as the citizens are concerned. Thus, the purpose is to promote national feeling and not parochialism. * freedom of Movement has two dimensions: * internal: art 19 * external: Art 21

Answer 5

* interests of general public and * the protection of interests of any scheduled tribe * morality and public health: SC held that the freedom of movement of prostitutes can be restricted on the ground of public health and in the interest of public morals.

Answer 6

* two parts: * right to reside: stay temporarily * right to settle: set up a hime or domicile * right is intended to remove internal barriers within the country or between any of its parts. This promotes nationalism and avoids narrow mindedness. * right to residence and the right to movement are overlapping and complementary.

Answer 7

* interest of general public and * the protection of interests of any scheduled tribes * Supreme Court held that certain areas can be banned for certain kinds of persons like prostitutes and habitual offenders

Answer 8

* This right is very wide as it covers all the means of earning one’s livelihood. * State is empowered to: * prescribe professional or technical qualifications necessary * carry on by itself any trade, business; no objection can be made when the State carries on a trade either as a monopoly or in competition with any citizen * This right does not include the right to carry on a profession or business or trade or occupation that is immoral (trafficking in women or children) or dangerous (harmful drugs or explosives, etc,). The State can absolutely prohibit these or regulate them through licencing.

Answer 9

* interest of the general public

Answer 10

1. SC, in Kashmir petitions declared Right to Internet as FR under Art 19: Freedom of expression as well as right to conduct commerce. 2. Kerala HC has also declared Internet as FR as part of FR to education as well as the right to privacy under Article 21 of the Constitution. 3. UN, in 2016, made a series of statements collectively describing that internet access as a basic human right.

Answer 11

* citizen or foreigner or legal person * three provisions * no ex-post facto law: * this limitation is imposed only on criminal laws and not on civil laws or tax laws * prohibits only conviction or sentence under an ex-post-facto criminal law and not the trial thereof * protection (immunity) under this provision cannot be claimed in case of preventive detention or demanding security from a person * no double-jeopardy: available only in proceedings before a court of law or a judicial tribunal. * no self-incrimination: extends only to criminal proceedings and not to civil proceedings

Answer 12

* no person shall be deprived of his life or personal liberty except according to procedure established by law * both citizens and non-citizens * Gopalan case: * SC narrow view of 'procedure established by law' as different frm 'due process of law'- only against arbitrary executive action ant NOT frm arbitrary leg action * SC held that the ‘personal liberty’ means only liberty relating to the person or body of the individual * maneka gandhi case (1978): wider interpretation * law should be reasonable, fair and just * the ‘right to life’ as embodied in Article 21 is not merely confined to animal existence or survival but it includes within its ambit the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living.

Answer 13

* free education upto 14yrs * RT electricity * Right to health * Right to social security and protection of the family * appropriate life insurance policy * emergeny medical aid * RT sleep * timely medical treatment in Govt hospital * travel abroad * not to be driven out of a state * RT hearing * Free legal aid * fair trial * against solitary confinement * speedy trial * against handcuffing * against inhumane treatment * against delayed execution * against bonded labour * against custodial harassment * Right of prisoner to have necessities of life * against public hanging * appeal frm a judgement of conviction * against bar fetters * RT information * RT reputation * RT live with human dignity * Right of women to be treated with decency and dignity. * RT social and economic justice and empowerment * freedom frm noise pollution *

Answer 14

* free and compulsory edu to all 6-14 yrs children * 86th CAA * earlier under DSP Art 45, bt by this amendment, this DSP's aim was changed to children under 6yrs age. * RtE (upto 14yrs) was recognised as FR under Art 21, by SC in 1993 * RTE Act 2009

Answer 15

* grants protection to persons who are arrested or detained * two parts- * dealing with punitive detention * dealing with preventive detention

Answer 16

(i) Right to be informed of the grounds of arrest. (ii) Right to consult and be defended by a legal practitioner. (iii) Right to be produced before a magistrate within 24 hours, excluding the journey time. (iv) Right to be released after 24 hours unless the magistrate authorises further detention. * apply only to an act of a criminal or quasi-criminal nature or some activity prejudicial to public interest * Not applicable to * enemy alien. * arrest under the orders of a court, * civil arrest, * arrest on failure to pay the income tax, and * deportation of an alien.

Answer 17

* rights granted (i) The detention of a person cannot exceed three months unless an advisory board reports sufficient cause for extended detention. The board is to consist of judges of a high court. (ii) The grounds of detention should be communicated to the detenu. However, the facts considered to be against the public interest need not be disclosed. (iii) The detenu should be afforded an opportunity to make a representation against the detention order. * authorises the Parliament to prescribe: * cases for which detention for \>3months without advisory board's opinion * max period for which can be detained * procedure to be followed by the advisory board * 44th CAA: 3mo-\>2mo bt NOT yet Brought into force * Parliament- EXCLUSIVE authority to make laws for preventive detention for defence, foreign affairs and the secu-rity of INdia . * For matters related to security of a state, the maintenance of public order and the maintenance of supplies and services essential to the community, both Parliament and SLA

Answer 18

* National Security Act (NSA), 1980 * Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act (PBMSECA), 1980. * Prevention of Terrorism Act (POTA), 2002. Repealed in 2004.

Answer 19

existed even during the British rule. For example, the **Bengal State Prisoners Regulation of 1818** and the **Defence of India Act of 1939** provided for preventive detention

Answer 20

* prohibits traffic in human beings (including devdasis and slavery), begar and othr forms of forced labor (like bonded labor). * both citizens and non-citizens * protects the individual not only against the State but also against private persons. * Parliament has made the Immoral Traffic (Prevention) Act,1956. * 'Forced' also means compulsion under economic circumstances i.e. working for less than minimum wage * acts: * Bonded Labour System (Abolition) Act, 1976; * the Minimum Wages Act, 1948; * the Contract Labour Act, 1970 and * the Equal Remuneration Act, 1976 * EXCEPTIONS: State can impose compuslory service for public purpose like military or social service, for which it isn't bound to pay.

Answer 21

* prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities BUT NOT in any harmless or innocent work. * Child Labor (Prohibition and Regulation) act 1986, Factories Act 1948, Mines Act 1952 etc. * 1996: SC directed estab of Child Labour Rehabilitation Welfare Fund * Commissions for Protection of Child Rights Act, 2005-\> * National Commission and State Commissions for Protection of Child Rights and * Children’s Courts for providing speedy trial of offences against children * 2006: govt banned emplyment of children (\<14yrs) as domstic servants in hotels, dhabas, shops etc.

Answer 22

1,2 ## Footnote The Indian Independence Act 1947 abolished the office of Secretary of State of India and transferred his functions to the Secretary of State for Commonwealth Affairs.

Answer 23

Both True * Statement 1: When a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship.

Answer 24

* 1,2,3,4 1. Population: The State is a human institution. It is the people who make a State. Antarctica is not a State as is it is without any human population. 2. Territory: Just as every person belongs to a state, so does every square yard of earth. **There is no state without a fixed territor**y. Living together on a common land binds people together. 3. Government: The purpose for which people live together cannot be realized unless they are properly organized and accept certain rules of conduct. The agency created to enforce rules of conduct and ensure obedience is called government. It is through this medium that common policies are determined, common affairs regulated and common interests promoted. Without a government, the people will lack cohesion and means of collective action. 4. Sovereignty: A people inhabiting a definite portion of territory and having a government do not constitute a state so long as they do not possess sovereignty. **India before 15 August 1947 had all the other elements of the state but it lacked sovereignty and therefore it was not a State**. Sovereignty is the supreme power by which the state commands and exerts political obedience from its people.

Answer 25

* Neither 1 nor 2 * Statement 1 is incorrect. The original constitution did not have fundamental duties. These duties are incorporated in 1976 after the 42nd amendment. Statement 2 is incorrect. Any changes in the Fundamental duties require amendment of the constitution.

Answer 26

Both are correct

Answer 27

* amended the Child Labour (Prohibition and Regulation) Act, 1986 -------------------\> Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. * prohibits the employment of children below 14 years in all occupations and processes. * Further, the Amendment Act prohibits the employment of adolescents (14 to 18 years of age) in certain hazardous occupations and processes. * more stringent punishment

Answer 28

* Freedom of conscience: Inner freedom of an individual * Right to profess: Declaration of one’s religious beliefs and faith openly * Right to practice: Performance of religious worship, rituals, ceremonies and exhibition * Right to propagate * But, it does not include a right to convert another person to one’s own religion. Forcible conversions impinge on the ‘freedom of conscience’ guaranteed to all the persons alike. * citizens as well as non-citizens. * Qualifications: * HOWEVER, subject to public order, morality, health **and other provisions relating to fundamental rights** * State can regulate or restrict any economic, financial, political or other secular activity associated with religious practice * 2 explanantions: kirpans; Hindus includes Sikhs, Jains and Buddhists (in the context that state can throw open *Hindu* insti of a public character to all classes.)

Answer 29

whether educational institutions can impose a strict dress code that could interfere with rights of students 1. Art 25(1) is a right that guarantees a negative liberty — which means that the state shall ensure that there is no interference or obstacle to exercise this freedom. 2. However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests. 3. Over the years, the Supreme Court has evolved a practical test of sorts to determine what religious practices can be constitutionally protected and what can be ignored. In 1954, the Supreme Court held in the Shirur Mutt case that the term “religion” will cover all rituals and practices “integral” to a religion. The test to determine what is integral is termed the “**essential religious practices”** test. 4. the test, a judicial determination of religious practices, has often been criticised by legal experts as it pushes the court to delve into theological spaces. In criticism of the test, scholars agree that it is better for the court to prohibit religious practices for public order rather than determine what is so essential to a religion that it needs to be protected. 5. In several instances, the court has applied the test to keep certain practices out. 1. In a 2004 ruling, the Supreme Court held that the Ananda Marga sect had no fundamental right to perform Tandava dance in public streets, since it did not constitute an essential religious practice of the sect. 2. in 2016, a three-judge Bench of the Supreme Court upheld the discharge of a Muslim airman from the Indian Air Force for keeping a beard. The judges distinguished the case of a Muslim airman from that of Sikhs who are allowed to keep a beard. The court essentially held that keeping a beard was not an essential part of Islamic practices. However this assessment was not made by examinig religious practices but based on a remark by a senior Muslim advocate., who indicated that there are varying interpretations on the issue in Islam. 6. As far as Hijab is considered, 1. In Amna Bint Basheer v Central Board of Secondary Education (2016), the Kerala HC held that the practice of wearing a hijab constitutes an essential religious practice. 2. in Fathima Tasneem v State of Kerala (2018). A single Bench of the Kerala HC held that collective rights of an institution would be given primacy over individual rights of the petitioner. However, the school in this case was minority school (Catholic) while the school at the centre of the row in KN is a govt edu institution. 3. Bombay HC in In ***Fathema Hussain Sayed v Bharat Education Society case, 2003*** also ruled in favour of the education institution prohibiting hijab. But this institution was an all girls' institution. 7. Arguments of petitioners 1. petitioners have argued that wearing a hijab is an expression protected under Article 19(1)(a). The petitioners have argued that a student silently wearing a hijab/headscarf and attending class cannot in any manner be said to be a practice that disturbs “public order” and is only a profession of their faith, thus an order banning it cannot seek refuge under reasonable restrictions clause of Art 19. 2. The petitioners have also argued that the ban on headscarves violates the fundamental right to equality since other religious markers, such as a turban worn by a Sikh, are not explicitly prohibited. 3. They also argued that the rules prescribed wearing of a dupatta for women and the state cannot dictate the manner of wearing that dupatta if a student wishes to cover her head with it.

Answer 30

* Rights of religious Denominations: * Right to establish and maintain institu-tions for religious and charitable purposes * Right to manage its own affairs in matters of religion * Right to own and acquire movable and immovable property * Right to administer such property in accordance with law * Article 25 guarantees rights of individuals, while Article 26 guarantees rights of religious denominations or their sections * subject to public order, morality and health **but not subject to other provisions relating to the Fundamental Rights**. * Supreme Court held that a religious denomination must satisfy three conditions.

Answer 31

1. should be a collection of individuals who have a system of beliefs (doctrines) which they regard as conducive to their spiritual well-being; 2. should have a common organisation 3. should be designated by a distinctive name Supreme Court held that the ‘Ramakrishna Mission’ and ‘Ananda Marga’ are religious denominations within the Hindu religion. It also held that Aurobindo Society is not a religious denomination

Answer 32

* no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination * In other words, the State should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion * prohibits the State from favouring, patronising and supporting one religion over the other. This means that the taxes can be used for the promotion or maintenance of all religions * prohibits only levy of a tax and not a fee

Answer 33

* Freedom from Attending Religious Instruction * four types of educational institutions: 1. Institutions wholly maintained by the State. 2. Institutions administered by the State but established under any endowment or trust. 3. Institutions recognised by the State. 4. Institutions receiving aid from the State. * In 1, religious instruction is completely prohibited while in 2, religious instruction is permitted; in 3 and 4, religious instruction is permitted on a voluntary basis.

Answer 34

* Two provisions: * any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same * no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, or language. * Article 29 grants protection to both religious minorities as well as linguistic minorities. * However, the SC held that the scope of this article is not necessarily restricted to minorities only because of the use of words ‘section of citizens’ in the Article that include minorities as well as majority.

Answer 35

* Right of Minorities to Establish and Administer Educational Institutions * All minorities shall have the right to **establish and administer** **educational** institutions of their choice. Minority Edu insti are of 3 types: * institutions that seek recognition as well as aid from the State: these are subject to regulatory powers of state wrt syllabus, academics, discipline, teaching employment etc. * institutions that seek only recognition NOT aid from the State: these are also subject to regulatory powers of state wrt syllabus, academics, discipline, teaching employment etc. * institutions that neither seek recognition nor aid from the State: free to administer their affairs but subject to operation of general laws like contract law, labour law, industrial law etc. * compensation amount fixed by the State for the **compulsory acquisition** of any property of a minority educational institution shall not restrict or abrogate the right guaranteed to them (44th CAA; to counter deletion of property rights as FR) * In granting aid, the State shall not discriminate against any educational institution managed by a minority. * right under Article 30 also includes the right of a minority to impart education to its children in its own language. * protection under Article 30 is confined only to minorities (religious or linguistic) * However, the term ‘minority’ has not been defined anywhere in the Constitution

Answer 36

* Case: Secy of malankara Syrian catholic College case 2007 * rights of minorities wrt educational insti are * To choose its governing body in whom the founders of the institution have faith and confidence * To appoint teaching staff as also non-teaching staff * To admit eligible students of their choice and to set up a reasonable fee structure * right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position. **general laws of the land** relating to national interest, national security, social welfare, public order, morality, health, sanitation, taxation etc.**, applicable to all** * right to establish and administer educational institutions is not absolute. Nor does it include the right to maladminister. There can be regulatory measures like laying down eligibility criteria and qualifications * Extention of aid by the State, does not alter the nature and character of the minority educational institutions. The conditions can be imposed by the State to ensure proper utilization of the aid, without however diluting or abridging the right under Article 30(1)

Answer 37

* ambedkar called it the 'soul and heart of the constitution' * basic feature * writs * Parliament can empower any other court to issue directions, orders and writs of all kinds. However, without prejudice to the above powers conferred on the Supreme Court. Any other court here does not include high courts * President can suspend the right to move any court for the enforcement of the fundamental rights during a national emergency (Art 359) * SC's 'original' and 'wide'(power is not restricted to issuing of orders or directions but also writs of all kinds) but 'not exclusive' powers. * Article 32 cannot be invoked simply to determine the constitutionality of an executive order or a legislation unless it directly infringes any of the FRs.

Answer 38

* Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue the writs * borrowed from English law 1. Habeas Corpus 2. Mandamus 3. Prohibition 4. Certiorari 5. Quo-Warranto

Answer 39

* can be issued against both public authorities as well as private individuals. * Not issued if * detention is lawful, * the proceeding is for contempt of a legislature or a court, * detention is by a competent court, and * detention is outside the jurisdiction of the court

Answer 40

* means 'we command' * to a public official asking him to perform his official duties that he has failed or refused to perform * can also be issued against any public body, a corporation, an inferior court, a tribunal or government * NOT * against a **pvt individual** or body * to enforce deptt instr without statutory backing * when duty is **discretionary** * to enforce a **Contractual obligation** * against **President or state Guv** * against **CJ of a HC acting in judcial capacity**

Answer 41

* issued by a higher court to a **lower court or tribunal** to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess * can be issued only against judicial and quasijudicial authorities. * It is not available against administrative authorities, legislative bodies, and private individuals or bodies.

Answer 42

* means ‘to be certified’ or ‘to be informed’ * issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case (Thus preventive as well as curative) * issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law * available against judicial, quasi-judicial as well as **administrative authorities (admin added in 1991 by SC**) bt **nt aginst legislative or pvt individuals or bodies**

Answer 43

* issued by the court to enquire into the legality of claim of a person to a public office * can be issued **only in case of a substantive public office of a permanent character created by a statute or by the Constitution**. It ***_cannot be issued in cases of ministerial office_*** or private office. * Unlike the other four writs, this can be sought by any interested person and not necessarily by the aggrieved person

Answer 44

* **ONLY Parliament** can restrict or abrogate FR for membrs of armed forces, para-military, police, intelligence agencies and analogous forces. * any such law cannot be challenged in any court on the grounds that it violates FR * Army Act,1950; Navy Act, 1950; Air force Act,1950 etc. impose restrictions on freedom of speech, RT form associations, right to communicate with press etc. * also covers secular employees * can also exclude court martials frm writ juris of SC and HCs wrt FR.

Answer 45

ML imply the suspension of ordinary law and the government by military tribunals. civil administration is run by the military authorities according to their own rules and regulations framed outside the ordinary law.

Answer 46

* FR: * ML affects only FR * NE affects nt only FR bt also C-S relations, distri of revenues and legislative power share * courts * ML suspends govt and ordinary law courts * govt and ordinary law courts continue * ground for imposition * ML: breakdow of law and order * NE: war, external aggression and armed rebellion * area covered * ML: specific area * specific area or the whole country * Consti * ML: no specific provision in Consti. It is **IMPLICIT** * specific and detailed provision in consti.

Answer 47

* restriction on FR while ML in force in any area * empowers Parliament to indemnify any govt servant or any other person for any act done by him for maintenance or restoration of order in any area where ML is in force and that cannot be chllenged due to FR * Parliament can also validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area * Concept frm English bt nowhere defined in Consti * SC held that declaration of ML doesn't ipsi facto result in suspension of Habeas corpus

Answer 48

* power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures (even if some of these matters may fall under State list) to ensure uniformity thorughout India 1. Parliament shall hv power to make laws wrt * art 16: prescribing residence as a condition * art 32: empowering any othr court to issue writs * art 33: restricting or abrogating FR for armed forces * art 34: indemnifying 2. Parliament shall make laws for punishing offenses under FR like Untouchability (Art 17) and Human Trafficking (Art 23)

Answer 49

* originally FR- * Art 19(1)(f) and * Art 31: right aginst deprivation of his property; State can acquire on 2 conditions i.e. for Public purpose AND after payment of compensation * led to a number of Constitutional amendments, that is, **1st, 4th, 7th**, 25th, 39th, 40th and **42nd** Amendments * Through these amendments, Articles 31A, 31B and 31C have been added and modified * Finally 44th CAA abolished RT Property as a FR by reepealing Art 19(a)(f) and Art 31 and instead inserted Art 300A in Part XII

Answer 50

* can be regulated ie, curtailed, abridged or modified without constitutional amend-ment by an ordinary law of the Parliament * protects private property against executive action but not against legislative action * In case of violation, the aggrieved person cannot directly move the SC * No guaranteed right to compensation in case of acquisition or requisition of the private property by the state

Answer 51

* When the State acquires the property of a minority educational institution (Article 30) (added by 44th CAA) * When the State acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limits (Article 31A) (17th CAA).

Answer 52

1. Art 31A 2. Art 31B 3. Art 31C

Answer 53

* saves five categories of laws from being challenged and invalidated on the ground of contravention of FR **under Art 14 and 19**: * acquisition of estates and related rights by state: also provides for the payment of compensation at market value when the state acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limit. * taking over management of properties by the state * amalgamation of corporations * extinguishment or modification of rights of directors or shareholders of corporations * extinguishment or modification of mining leases

Answer 54

* saves the acts and regulations included in the 9th schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights * I.R. Coelho case, 2007: SC ruled that there cannot be any blanket immunity frm JR and law put in 9th schedule after SC's intro of concept of Basic structure can be subjected to JR if they violated FR guaranteed under Art 14,15,19 and 21 (i.e. Basic str of consti) * no. of acts and regulations in 9th sched: 282

Answer 55

* inserted by **25th CAA** * immunity to laws that seeks to implement socialistic **DSP of Art 39(b) and (c)** frm FR under **art 14 and 19**. * Also had a **second provision** that stated that "*No law containing a declaration that it is for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy*", bt this was **struck down** by Sc in Keshavanand Bharati case * **42nd CAA** also sought to increase the scope of first provision to all DSPs bt this was again struck down by SC in **Minerva Mills** case.

Answer 56

* subjected to innumerable exceptions, restrictions, qualifications and explanations * mainly political rights and lacks social and economic rights like right to work, right to rest etc. * vague: words like 'minority', 'public order' not defined plus complicated language used * no sacrosatnct;'basic str' only limitation * suspension during Emergency * judiciary-\> expensive remedy * preventive detention takes away the spirit and substance of the chapter on fundamental rights * no consistent philossophy: as viewed by Sir Ivor Jennings

Answer 57

* first step taken by British govt to control and regulate affairs of EIC in INdia, requiring Court of Dirctors to report on its revenue, civil and military affairs in India. (Thus, for the first time, the British cabinet was given the right to exercise control over Indian affairs.) * Guv of Bengal-\> Guv General of Bengal: Lord Warren Hastings * Executive council- 4 membered * Guvs of Bombay and Madras subordinate * SC at Calcutta * prohibited pvt trade or bribes by comopany officials

Answer 58

The SC established under 1773 act had original and appellate jurisdictions where all subjects could seek redressal. In practice, however, the Supreme Court had a debatable jurisdiction vis-a-vis the council which created various problems. With the amendment, The jurisdiction of the Supreme Court was defined—within Calcutta, it was to administer the personal law of the defendant.

Answer 59

* distinguished between the commercial and political functions of the Company * Company’s territories in India were for the first time called the ‘British possessions in India’ and gave the British govt supreme control over Company's affairs and its admin in India * created a new body, Board of Control, to manage political, civil and military affairs while Court of Directors shall see to commercial affairs. BoC consisted of chancellor of exchequer, a secretary of state, and four members of the Privy Council (to be appointed by the Crown) * In INdia, the guv Gen was to have a council of 3, ncluding the commander of Chief, and the presidencies of Bombay and Madras were made subordinate to Guv Gen * A general prohibition was placed on aggressive wars and treaties (breached often).

Answer 60

In England, the business interests were pressing for an end to the Company’s monopoly over trade in India because of a spirit of laissez-faire and the continental system by Napoleon by which the European ports were closed for Britain. The 1813 Act sought to redress these grievances ● The Company’s monopoly over trade in India ended, but the Company retained the trade with China and the trade in tea. ● The Company was to retain the possession of territories and the revenue for 20 years more, without prejudice to the sovereignty of the Crown. (Thus, the constitutional position of the British territories in India was defined explicitly for the first time.) ● A sum of one lakh rupees was to be set aside for the revival, promotion, and encouragement of literature, learning, and science among the natives of India, every year. (This was an important statement from the point of State’s responsibility for education.) ● The regulations made by the Councils of Madras, Bombay, and Calcutta were now required to be laid before the British Parliament. The constitutional position of the British territories in India was thus explicitly defined for the first time. ● Separate accounts were to be kept regarding commercial transactions and territorial revenues. The power of superintendence and direction of the Board of Control was not only defined but also enlarged considerably. ● Christian missionaries were also permitted to come to India and preach their religion.

Answer 61

1. Guv Gen of bengal-\> Guv Gen of INdia and was given all civil and military powers. Thus, act created, for the first time, a Government of India having authority over the entire territorial area possessed by the British in India. A law member was added to the governor general’s council for professional advice on law-making. 2. deprived the governor of Bombay and Madras of their legislative powers. The Governor-General of India was given exclusive legislative powers for the entire British India 3. ended the activities of the East India Company as a commercial body, which became a purely administrative body. Territories of India were to be governed in the name of the Crown. Lease of the company was further extended by 20 yrs. 4. attempted to introduce a system of open competition for selection of civil servants, and stated that the Indians should not be debarred 5. way was paved for the wholesale European colonisation of India. 1. All restrictions on European immigration and the acquisition of property in India were lifted 2. Company’s monopoly over trade with China and in tea also ended. 6. Indian laws were to be codified and consolidated 7. No Indian citizen was to be denied employment under the Company on the basis of religion, colour, birth, descent, etc. (Although the reality was different, this declaration formed the sheet-anchor of political agitation in India.). 8. The administration was urged to take steps to ameliorate the conditions of slaves and to ultimately abolish slavery. (Slavery was abolished in 1843.)

Answer 62

1. separated, for the first time, the legislative and executive functions of the Governor-General’s council; with the addition of 6 new members for legislative purpose, established Indian (Central) Legislative council that functioned as a mini-Parliament. However, a law to be promulgated needed the assent of the governor general, and the governor general could veto any bill of the legislative council 2. The Company’s patronage over the services was dissolved—the services were now thrown open to a competitive examination.; Accordingly, the **Macaulay Committee (the Committee on** **the Indian Civil Service)** was appointed in 1854 3. introduced, for the first time, local representation in the Indian (Central) Legislative Council. Of the six new legislative members of the governor general’s council, four members were appointed by the local (provincial) governments of Madras, Bombay, Bengal and Agra.

Answer 63

* mainly altered Governance inEngland and didn't change much in india * provided that India henceforth was to be governed by, and in the name of, Her Majesty.Guv-Gen changed to Viceroy of India, as the direct representative of the British Crown in India * ended the system of double government by abolishing the Board of Control and Court of Directors. * created a new office, Secretary of State for India, a member of the British cabinet and was responsible ultimately to the British Parliament. * established a 15-member Council of India to assist the secretary of state for India, as a body corporate, capable of suing and being sued in India and in England.

Answer 64

1. a **beginning of representative institutions** by associating Indians with the law-making process. It thus provided that the viceroy should nominate some Indians as **non-official members** of his expanded legis council. the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao. 2. initiated the process of decentralisation by restoring the legislative powers to the Bombay and Madras Presidencies. This policy of legislative devolution resulted in the grant of almost complete internal autonomy to the provinces in 1937. 3. establishment of new legislative councils for Bengal, North-Western Frontier Province (NWFP) and Punjab 4. ‘portfolio’ system, though intro by Canning in 1859, recognised here 5. empowered the Viceroy to issue ordinances, without the concurrence of the legislative council, during an emergency. The life of such an ordinance was six months.

Answer 65

1. increased non-official members in both central and provincial legislative councils bt retained official majority 2. increased the functions of legislative councils and gave them the power of discussing the budget5 and addressing questions to the executive 3. limited and indirect provision for the use of election in filling up some of the non-official seats both in the Central and provincial legislative councils, though nt using the word 'election' and instead nomination to CLC on the recommendation of provincial LC and Bengal Chamber of Commerce and nomination to PLC on recommendation of district boards, municipalities etc.

Answer 66

1. considerably increased the size of the legislative councils, both Central and provincial. retained official majority in the Central Legislative Council but allowed the provincial **legislative councils to have non-official majority** 2. enlarged the deliberative functions of the legislative councils at both the levels like allowed to ask supplementary questions, move resolutions on the budget, 3. provided (for the first time) for the association of Indians with the executive Councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council. 4. introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate'. Lord Minto came to be known as the Father of Communal Electorate. 5. separate representation of presidency corporations, chambers of commerce, universities and zamindars.

Answer 67

Background: * Amidst 1st WW, On August 20, 1917, the British Government declared, for the first time, that its objective was the gradual introduction of responsible government in India Provisions: 1. separating the central and provincial subjects **for legislating**. However, the structure of government continued to be centralised and unitary 2. **DYARCHY**: divided the provincial subjects into two parts—transferred and reserved 3. separated, for the first time, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets. 4. **Introduced Bicamerlaism and direct elections** for the first time. Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were chosen by direct election. 5. granted franchise to a limited number of people on the basis of property, tax or education. 6. three of the six members of the Viceroy’s executive Council (other than the commander-in-chief) were to be Indian 7. extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans. 8. created a new office of the High Commissioner for India in London and transferred to him some of the functions hitherto performed by the Secretary of State 9. provided for the establishment of a public service commission. led to Central Public Service Commission was set up in 1926 10. provided for the appointment of a statutory commission to inquire into and report on its working after ten years of its coming into force.

Answer 68

1. abolition of dyarchy, 2. extension of responsible government in the provinces, 3. establishment of a federation of British India and princely states, 4. continuation of communal electorate To consider the proposals of the commission, the British Government convened three round table conferences of the representatives of the British Government, British India and Indian princely states.

Answer 69

* Aug 1932, by British PM, Ramsay McDonald * The award not only continued separate electorates for the Muslims, Sikhs, Indian Christians, Anglo-Indians and Europeans but also extended it to the depressed classes (scheduled castes) * Poona Pact, retained the Hindu joint electorate and gave reserved seats to the depressed classes.

Answer 70

1. establishment of an All-India Federation consisting of provinces and princely states as units. However, the federation never came into being as the princely states did not join it. 2. division of powers: Federal, Provincial and concurrent list. residuary powers given to Viceroy 3. abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in their defined space 4. introduced bicameralism in six out of eleven provinces. 5. Act introduced responsible governments in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939. 6. adoption of dyarchy at the Centre: reserved and transferred subjects. However, this provision didn't come into operation at all. 7. extended the principle of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labour (workers). 8. abolished the Council of India, established by the Government of India Act of 1858. The secretary of state for India was provided with a team of advisors. 9. extended franchise. About 10 per cent of the total population got the voting right. 10. provided for the establishment of a Reserve Bank of India, a Federal PSC, a Provincial PSC, Joint PSC and a Federal Court.

Answer 71

1. ended the British rule in India and declared India as an independent and sovereign state from August 15,1947 2. provided for the partition of India and creation of two independent dominions of India and Pakistan with the right to secede from the British Commonwealth. 3. abolished the office of viceroy and provided, for each dominion, a governor-general, who was to be appointed by the British King on the advice of the dominion cabinet 4. empowered the Constituent Assemblies of the two dominions to frame and adopt any constitution for their respective nations and to repeal any act of the British Parliament, including the Independence act itself. 5. empowered the Constituent Assemblies of both the dominions to legislate for their respective territories 6. abolished the office of the secretary of state for India and transferred his functions to the secretary of state for Commonwealth Affairs 7. proclaimed the lapse of British paramountcy over the Indian princely states and treaty relations with tribal areas from August 15,1947. 8. provided for the governance of each of the dominions and the provinces by the Government of India Act of 1935, till the new Constitutions were framed. The dominions were however authorised to make modifications in the Act. 9. designated the Governor-General of India and the provincial governors as constitutional (nominal) heads of the states. They were made to act on the advice of the respective council of ministers in all matters. 10. dropped the title of Emperor of India from the royal titles of the king of England.

Answer 72

1. EC 2. UPSC/SPSC 3. Finance Commission 4. NCSC/NCST 5. SO for Linguistic minorities 6. CAG 7. AG 8. Advocate General of te state

Answer 73

* Art 324 * permanent and independent body * power over election to Parliament, SL, President of India and VP * All india body

Answer 74

* CEC + any no. of ECs **as decided by president** * 1950-Oct 1989: single member body * Oct 1989-Jan 1990: 3 ECs (voting age 21-\>18) * Jan 1990-Oct 1993: single member * after Oct 1993: 3 ECs * The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites * In case of difference of opinion amongst the Chief election commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.

Answer 75

F by majority, even though CEC is the chairman

Answer 76

by President

Answer 77

* SC has recognised that “[**Election Commission**](https://www.insightsonindia.com/2021/06/10/election-commissioner/) is not only responsible for conducting free and fair elections but it also renders a **_quasi-judicial function_** between the various political parties including the ruling government and other parties. In such circumstances the executive cannot be a sole participant in the appointment of members of Election Commission as it gives unfettered discretion to the ruling party to choose someone whose loyalty to it is ensured and thereby renders the selection process vulnerable to manipulation.” * Three Writ Petitions are urging the Supreme Court to declare that _the current practice of appointment of ECs by the Centre_ **_violates Article 14, Article 324(2),_** _and Democracy as a basic feature of the Constitution._ These petitions argue for an [**independent system for appointment of ECs**](https://www.insightsonindia.com/2021/06/10/election-commissioner/) * In 1975 itself, the [**Justice Tarkunde Committee**](https://www.insightsonindia.com/2020/03/13/in-spite-of-numerous-initiatives-in-use-by-the-election-commission-of-india-the-electoral-politics-suffers-voter-bribing-and-hate-speeches-in-the-country/) recommended that ECs be appointed on the **_advice of a Committee_** comprising _the Prime Minister, Lok Sabha Opposition Leader and the Chief Justice._ This was reiterated by the **_Dinesh Goswami Committee in 1990_** and the Law Commission in 2015. * The **_4th Report (2007) of the Second Administrative Reforms Commission_** additionally recommended that the Law Minister and the Deputy Chairman of the Rajya Sabha be included in such a Collegium. * Art 324(2) contains a **‘subject to’ clause** which provides that _both the number and tenure of the ECs_ shall be “_subject to provisions of any law made in that behalf by Parliament, be made by the President.”_ This **‘subject to’ clause** was introduced, in the words of **B.R. Ambedkar**, to “_prevent either a fool or knave or a person who is likely to be under the thumb of the Executive.”_ It was left to Parliament **_to enact legislation regarding the appointment of ECs_**. Apart from _enacting a law in 1989 enlarging the number of ECs from one to three,_ Parliament has so far not enacted any changes to the appointment process.

Answer 78

* **president** may also appoint after **consultation with the election commission** such regional commissioners as he may consider necessary to assist the election commission.

Answer 79

* for both EC members as well as regional commissioners, **President** **determines**. * salary, allowances and other perquisites, which are similar to those of a **judge of the Supreme Court** * hold office for a term of **six years or until they attain the age of 65** years

Answer 80

* **CEC**: He cannot be removed from his office except **in same manner and on the same grounds as a judge of the Supreme Court**. In other words, he can be removed by the president on the basis of a resolution passed to that effect by **both the Houses** of Parliament with **special majority**, either on the ground of **proved misbehaviour or incapacity**. Thus, he does not hold his office till the pleasure of the president, though he is appointed by him. * **Any other election commissioner** or a regional commissioner cannot be removed from office except on the **recommendation of the CEC**. He **doesn't need to be impeached** bt simply removed by President on the advice of CEC.

Answer 81

F removal only on the grounds and in the manner of removal of a SC judge.

Answer 82

* Security of tenure to CEC * service conditions **of CEC (not all the members of CEC)** cannot be varied to his disadvantage after his appointment * removal of any other EC member or regional commissioner requires recommendation of CEC

Answer 83

* Consti hasn't prescribed any qualifications for members * COnsti has not specified the term * Consti hasn't debarred retiring ECs frm any further appointment y Govt. They can be re-appointed to the same office as well.

Answer 84

1. not _adequately equipped to regulate the political parties._ It has no power in enforcing inner-party democracy and regulation of party finances. 2. Independence from executive is being questioned. The meeting of CECs and PMO in 2021 was a bad look. Plus, Allegations of EVMs malfunctioning, getting hacked and not registering votes, corrodes the trust of the general masses in ECI.

Answer 85

* Administrative 1. area of constituencies otbo Delimitation Commission act 2. electoral rolls and registration 3. schedule of elections 4. recognition to political parties and allot symbol * Advisory 1. advise President/Guv on disqualification of MPs/MLAs 2. advise the president whether elections can be held in a state under president’s rule in order to extend the period of emergency after one year. * Quasi-Judicial 1. settling disputes of recognition to PPs or symbols allotted to them 2. disputes related to electoral arrangements 3. Code of Conduct

Answer 86

At state level, EC is assisted by Chief Electoral Officer. below this, **Collector** at district level acts as the returning officer for whole district, who appoints a **returning officer for every constituency** and a **presiding officer for every polling booth.**

Answer 87

The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission. It consists of a state election commissioner to be appointed by the governor. His conditions of service and tenure of office shall also be determined by the governor. He shall not be removed from the office except in the manner and on the grounds prescribed for the removal of a judge of the state high court . A judge of a high court can be removed from his office by the president on the recommendation of the Parliament. **This means that a state election commissioner cannot be removed by the governor, though appointed by him** His conditions of service shall not be varied to his disadvantage after his appointment. The state legislature may make provision with respect to all matters relating to elections to the panchayats.

Answer 88

B The Governor appoints the state election commissioner and determines his conditions of service and tenure of office. However, the state election commissioner can be removed only in like manner and on the like grounds as a judge of a high court.

Answer 89

by CEC in consultation with state Govt.

Answer 90

* Constitution doesn't specify the strength * No. decided by president * Usually, 9-11 members, including the chairman * NO qualifications prescribed except that one-half of the members of the Commission should be such persons who have held office for at least ten years either under the GoI or under the government of a state.

Answer 91

by President

Answer 92

* Conditions of service decided by President * chairman and members of the Commission hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

Answer 93

* can be removed by President in the manner as provided in the Constitution. * NO Impeachment required bt grounds mentioned 1. insolvent (bankrupt) 2. paid employment outside , while in office 3. If unfit to continue by reason of infirmity of mind or body, in the opinion of the Prez 4. Misbehaviour: * In this case, Prez has to refer the matter to SC for enquiry, the advice rendered to be binding * Defn of 'misbehaviour': (a) interested in any contract or agreement by GoI or a SG or (b) participates in any way in the profit of such contract or agreement

Answer 94

(a) When the office of the chairman falls vacant; or (b) When the chairman is unable to perform his functions due to absence or some other reason.

Answer 95

* Chairman: not eligible for further employment in the GoI or a state * member of UPSC: eligible for appointment as chairman of UPSC or SPSC bt nt any other employment in GoI or a state * Chairman or member of UPSC: nt eligible for re-appointment to the same office.

Answer 96

* security of tenure to both chairman and members * conditions of service cannot be varied to his disadvantage after his appointment * entire expenses incl salaries charged on CFI

Answer 97

* exams for All-India services, central services (GrpA and Grp B) and Public services of UTs; **selection by UPSC doesn't confer any right to the post upon the candidate. Though,** All such cases of non-acceptance must be approved by the Appointments Committee of the Union cabinet. An individual ministry or department has no power to reject the advice of the UPSC. * any needs of a state on request of state guv and approval of Prez * consulted on promotions, transfers and disciplinary matters * consulted on Matters of **temporary appointments for period exceeding one year** and on regularisation of appointments. T

Answer 98

(a) While making **reservations** of appointments or posts in favour of any **backward class of citizens**. (b) While taking into consideration the claims of SCs/STs in making appointments to services and posts. (c) With regard to the selections for chairmanship or membership of commissions or **tribunals**, posts of the **highest diplomatic nature** and a bulk of **group C and group D services**. (d) With regard to the selection for **temporary or officiating appointment** to a post if the person appointed is **not** likely to hold the post for **more than a year.** **F** Parliament can increase bt President can decrease (bt all such regulations made by the president shall be laid before each House of Parliament for at least 14 days. The Parliament can amend or repeal them).

Answer 99

F UPSC is only a central recruiting agency while the Department of Personnel and Training is the central personnel agency in India.

Answer 100

* both are consulted in disciplinary matters wrt a civil servant * However, the UPSC, being an independent constitutional body, has an edge over the CVC, a statutory body.

Answer 101

* strength left to discretion of Guv * no qualifications prescribed except that 50% should be such persons who hv held office for at least 10 yrs under GoI or a state Govt

Answer 102

* Consti authorises Guv to determine Conditions of service * hold office for a term of six years or until they attain the age of 62 years, whichever is earlier

Answer 103

F resignation to Guv

Answer 104

* only by President * on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC

Answer 105

SPSC is consulted by the governor while framing rules for appointment to judicial service of the state other than the posts of district judges. In this regard, the concerned state high court is also consulted.

Answer 106

F Though Consti does make the provision, it doesn't create any JPSc and that power resides with the Parliament.

Answer 107

* mostly similar to SPSCs * BUT, appointment OR conditions of service determined by OR resignation to OR removal by President

Answer 108

* GoIAct 1919: CPSC; set up in 1926 for recruiting civil servants * GoI Act 1935: FPSC + Provincial PSC and JPSC

Answer 109

* Art 280 * Quasi-Judicial body * constituted by the president of India every fifth year or at such earlier time as he considers necessary

Answer 110

* Chairman + 4 members * Constitution authorises the Parliament to determine the qualifications of members of the commission and the manner in which they should be selected * chairman should be a person having experience in public affairs * other members frm amongst the following: * 1. A judge of high court or one qualified to be appointed as one. 2. A person who has specialised knowledge of finance and accounts of the government. 3. A person who has wide experience in financial matters and in administration. 4. A person who has special knowledge of economics.

Answer 111

1. hold office for such period as specified by the president in his order. 2. They are eligible for reappointment.

Answer 112

1. **Vertical Distribution**: distribution of the net proceeds of taxes to be shared between the Centre and the states 2. **Horizontal Distribution**: allocation between the states of the respective shares of such proceeds. 3. principles that should govern the **grants-in-aid** to the states by the Centre (i.e., out of the consolidated fund of India) 4. measures needed to **augment the consolidated fund of a state** to supplement the resources of the **panchayats and the municipalities** in the state on the basis of the recommendations made by the state finance commission 5. Any other matter referred to it by the president in the interests of sound finance

Answer 113

* not binding on GoI * Dr. P.V. Rajamannar, the Chairman of the 4th FC, “Since the Finance Commission is a constitutional body expected to be quasi-judicial, its recommendations should not be turned down by the Government of India unless there are very compelling reasons”. * constitution of India envisages the Finance commission as the **balancing wheel of fiscal federalism** in India

Answer 114

1. Art 338 2. a chairperson, a vice-chairperson and three other members 3. appointed by the President **by warrant under his hand and seal** 4. determined by president; Under the Rules, they hold office for a term of three years.

Answer 115

* originally, Consti provided a **Special Officer for SCs & STs,** reporting to President; named as Commissioner for SCs&STs * 1978: Government (through a Resolution) set up a **non-statutory** * *multi-member Commission** for SCs and STs; the Office of Commissioner for SCs and STs also continued to exist. * 1987: Government (through another Resolution) modified the fns and renamed it as NCSC&ST * 65th CAA,1990: a high level multi-member NCSC&ST replaced the Commissioner for SCs and STs as well as the Commission set up under the Resolution of 1987 * 89th CAA,2003: bifurcation

Answer 116

* while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit * vested with the power to regulate its own procedure * powers like summoning, discovery of any document, examining witnesses * Central government and the state governments are required to consult the Commission on all major policy matters affecting the SCs

Answer 117

NCSC, itself is required to discharge similar functions with regard to the *other backward classes (OBCs)* and the Anglo-Indian Community as it does with respect to the SCs NOTE: NCSC's powers wrt to OBCs are now repealed and given to NCBC.

Answer 118

1. art 338-A 2. Evolution: 1. NCSC&ST by 65th CAA,1990 as a constitutinal body 2. Separate NCST by 89th CAA,1990

Answer 119

1. measurs to confer ownership rights in respect of minor forest produce to STs living in forest areas 2. safeguard rights of the tribal communities over mineral resources, water resources etc 3. improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects 4. Measures to ensure ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 5. reduce and ultimately eliminate the practice of shifting cultivation by tribals 6. involvement of tribal communities for protecting forests and undertaking social afforestation

Answer 120

* 102^nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC). * Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment. Structure: * The Commission consists of five members including a Chairperson, Vice-Chairperson and three other Members appointed by the President by warrant under his hand and seal. * The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members is determined by President. Consti provisions: * Article 340 deals with the need to, inter alia, identify those "socially and educationally backward classes", understand the conditions of their backwardness, and make recommendations to remove the difficulties they face. * 102^nd Constitution Amendment Act inserted new Articles 338 B and 342 A. * Article 338B provides authority to NCBC to examine complaints and welfare measures regarding socially and educationally backward classes. * Article 342 A empowers President to specify socially and educationally backward classes in various states and union territories. He can do this in consultation with Governor of concerned State. However, law enacted by Parliament will be required if list of backward classes is to be amended. * The amendment also brings about changes in Article 366.

Answer 121

* *to examine the request made for the **inclusion of any category as a backward class** or to investigate the conditions or problems faced by the category under inclusion and then tender such advice to the central government. The nature of that advice is **ordinarily binding on the central government. (This function not mentioned under Art 338B, but was under the 1993 Act. Thus, effectively this is no more applicable )*** * The commission **investigates and monitors all matters relating to the safeguards provided for the socially and educationally backward classes under the Constitution or under any other law** to evaluate the working of such safeguards. * It **participates and advises** on the socio-economic development of the socially and educationally backward classes and to **evaluate the progress of their development** under the Union and any State. * It **presents to the President, annually** and at such other times as the Commission may deem fit, reports upon the working of those safeguards. The **President laid such reports before each House of Parliament**. * NCBC has to discharge such **other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.** * It has **all the powers of a civil court while trying a suit.**

Answer 122

* Two Backward Class Commissions were appointed in 1950s and 1970s under Kaka Kalelkar and B.P. Mandal respectively. * In Indra Sawhney case of 1992, Supreme Court had directed the government to create a permanent body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and protection. * In pursuant to these directions parliament passed National Commission for Backward Classes Act in 1993 and constituted the NCBC. * 123^rd Constitution Amendment bill of 2017 was introduced in Parliament to safeguard the interests of backward classes more effectively. * Parliament has also passed a separate bill to repeal the National Commission for Backward Classes Act, 1993, thus 1993 act became irrelevant after passing the bill. * The bill got the President assent in August 2018 and provided the constitutional status to NCBC.

Answer 123

c The Supreme Court held that “the final say in regard to inclusion or exclusion (or modification of lists) of SEBCs is firstly with the President, and thereafter, in case of modification or exclusion from the lists initially published, with the Parliament

Answer 124

F Originally Consti didn't have provision for SOLM

Answer 125

* recommended by States reorganisation Commission * 7th CAA, 1956: inserted art 350-B

Answer 126

1. appointed by prez 2. not mentioned in consti 3. not mentioned in consti 4. not mentioned in consti 5. among others, has to submit to the President of India, the reports on the status of implementation of the Constitutional and the nationally agreed safeguards for the linguistic minorities

Answer 127

F comes under Min of Minority affairs

Answer 128

A linguistic minority is a group of people whose mother tongue is different from that of the majority in the state or part of a state. Thus, the linguistic minorities are determined on a **state-wise basis**.

Answer 129

FR and DPSP, acc to Granville austin

Answer 130

1. art 128 2. most imp officer under the Constitution of india 3. by Prez by a warrant under his hand and seal 4. salary and other service conditions are determined by the Parliament; salary equal to SC judge; 6yrs or upto 65 yrs age , whichever is earlier 5. can be removed by the President on same grounds and in the same manner as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity.

Answer 131

* true faith and allegiance to consti * uphold soverignty and integrity of India * duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of his office withhout fear or favour, affection or ill-will * uphold consti and the laws

Answer 132

1. Security of tenure 2. not eligible fr re-appointment under GoI or any state 3. salary and conditions of service determined by parliament and cannot be altered to his disadvantage after his appointment 4. conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the CAG are prescribed by the president after consultation with the CAG. 5. administrative expenses of the office of the CAG, including all salaries, allowances and pensions of persons serving in that office are charged upon the Consolidated Fund of India 6. no minister can represent the CAG in Parliament

Answer 133

F authorises the Parliament

Answer 134

acc to CAG’s (Duties, Powers and Conditions of Service) act, 1971 AUDIT of EXPENDITURE AND RECEIPTS of GOVTs 1. audits expenditure related to CFI, CF of all states and CF **of UTs with legislature** 2. audits expenditure frm Contingency Fund of India and Public acct of India as well as each state 3. receipts and expenditure of the Centre and each state 4. all transactions of the Central and state governments related to debt, sinking funds, deposits, advances, suspense accounts and remittance business. He also audits receipts, stock accounts and others, with approval of the President. 5. ascertains and certifies the net proceeds of any tax or duty. His certificate is final. AUDIT OF BODIES 1. any deptt ofCG or SGs 2. All bodies and authorities substantially financed from the Central or state revenues 3. Government companies; Other corporations and bodies, when so required by related laws 4. of any other authority when requested by the President or Governor. For example, the audit of local bodies ADVISORY 1. advises the President with regard to prescription of the form in which accounts of the Centre and the states shall be kept (Article 150) 2. He acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament.

Answer 135

T In 1976, he was relieved of his responsibilities with regard to the compilation and maintenance of accounts of the Central Government due to the separation of accounts from audit, that is, departmentalisation of accounts

Answer 136

Three audit reports: 1. audit report on appropriation account: compare the actual expenditure with the expenditure sanctioned by the Parliament through the Appropriation Act, 2. audit report on finance accounts: show the annual receipts and disbursements of the Union government , and 3. audit report on public undertakings

Answer 137

T ## Footnote He submits his audit reports relating to the accounts of the Centre to President, who shall, in turn, place them before both the Houses of Parliament (Article 151).

Answer 138

T ## Footnote He submits his audit reports relating to the accounts of a state to governor, who shall, in turn, place them before the state legislature (Article 151).

Answer 139

* expenditure vs receipt: CAG has more freedom with regard to audit of expenditure than with regard to audit of receipts, stores and stock. * For expenditure he decides the scope of audit and frames his own audit codes and manuals, he has to proceed with the approval of the executive government in relation to rules for the conduct of the other audits * CAG audit has 2 aspects: legal and regulatory audit (money was legally available or nt for the purpose it was spent for and whether the authority is proper or nt) as well as propriety audit (wisdom, faithfulness and economy of the expenditure). * unlike the legal and regulatory audit, which is obligatory on the part of the CAG, the propriety audit is discretionary

Answer 140

* Secret Serviec expenditure: has to accept a certificate from the competent administrative authority * Also doesn't cover RBI, SBI, LIC, FCI. CAG can audit them but on advice of President only.

Answer 141

* CAG of India only performed the role of an Auditor General and not of a Comptroller but in Britain it has the power of both Comptroller as well as Auditor General. * In India the CAG audits the accounts after the expenditure is committed i.e. ex post facto. In UK no money can be drawn from the public exchequer without the approval of the CAG. * In India, CAG is not a member of the parliament while in Britain; CAG is a member of house of the Commons.

Answer 142

1. Some corporations are audited totally and directly by the CAG, for example, **Damodar Valley Corporation**, **ONGC, Air India, Indian Airlines** Corporation, and others. 2. Some other corporations are audited by private professional auditors who are appointed by the Central Government in consultation with the CAG. If necessary, the CAG can conduct supplementary audit. The examples are, **Central Warehousing Corporation**, **Industrial Finance Corporation**, and others. 3. Some other corporations are totally subjected to private audit. In other words, their audit is done exclusively by private professional auditors (directly submit their findings to parliament) and the CAG does not come into the picture at all. eg, RBI, LIC, SBI, FCI

Answer 143

* Office of the Accountant General was established in 1858 (the year the British took over administrative control of India from the East India Company). * In 1860 Sir Edward Drummond was appointed as the first Auditor General. * Meanwhile after some restructuring the Auditor General of India came to be called the Auditor and Accountant General to the Government of India. * In 1866, the position was renamed Comptroller General of Accounts, and in 1884, it was re-designated as Comptroller and Auditor General of India. * Under the Government of India Act 1919, the Auditor General became independent of the government as statutory backing was given for the position. * The Government of India Act 1935 further strengthened the position of the Auditor General by providing for Provincial Auditors General in a federal set-up. * The act also described the appointment and service procedures and gave a brief overview of the duties of the Auditor General of India. * The Accounts and Audits Order of 1936 provided detailed accounting and auditing functions of the auditor general. * This arrangement remained unchanged until India’s independence in 1947. After independence, Article 148 of the 1949 Indian Constitution provided for the establishment of a Comptroller and Auditor General to be appointed by the President of India. * CAG jurisdiction was extended to Jammu and Kashmir in 1958. * In 1971 the central government enacted the Comptroller and Auditor General (Duties, Powers, and Conditions of Service) Act, 1971. The act made CAG responsible for both accounting and auditing duties for central and state governments. * In 1976 CAG was relieved from accounting functions.

Answer 144

1. Art 76 2. by Prez 3. a person who is qualified to be appointed a judge of the SC i.e. * he must be a citizen of India * he must have been a judge of some HC for 5 years or an advocate of some HC for ten years or an eminent jurist, in the opinion of the president. 4. term nt fixed by Consti; remuneration also nt fixed by consti and is decided by prez 5. Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president. This means that he may be removed by the president at any time.

Answer 145

1. Rights: 1. right to audience in all courts 2. right to speak and take part in proceedings of both houses or their joint sitting or **any committee of which he may be a named member**, Bt NO right to vote 3. enjoys all the privileges and immunities that are available to a MP 2. duties 1. rep GoI in SC/HC 2. rep GoI in any reference made by the Prez to SC under Art 143 (*Article 143 of the Constitution authorises the president to seek the opinion of the Supreme court in the two categories of matters: On any question of law or fact of public importance which has arisen or which is likely to arise*.)

Answer 146

1. F 2. T 3. F; though **cannot argue against GoI or defend criminal prosecutions without permission of goI**

Answer 147

1. appointed by Guv 2. must be qualified to be appointed a judge of a HC i.e. 1. citizen 2. must hv held a judicial office for 10 yrs or been an avocate of a HC for 10 yrs 3. term of office or the remuneratioin or tenure of the advocate general is not fixed by the Constitution. he holds office during pleasure of the Guv 4. Constitution does not contain the procedure and grounds for his removal. he may be removed by the governor at any time. he may be removed by the governor at any time.

Answer 148

1. frm Irish Constitution of 1937, who had copied it frm Spanish Constitution 2. **Ambedkar: 'novel features'** 3. Acc to **Granville Austin**, along with FRs, contain the philosophy of the consti and is the **soul of the consti a**s well as **Conscience of the Constitution.**

Answer 149

1. denotes the ideals that the State should keep in mind while formulating policies and enacting laws. 2. resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. The only difference is that they are instructions to the legislature and the executive, while the 'IoI' was only for Guv-Gen and Guv. 3. They aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution and seek to establish economic and social democracy in the country 4. non-justiciable 5. though non-justiciable, help the courts in examining and determining the constitutional validity of a law. The SC has ruled many a times that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a DPSP, it may consider such law to be ‘reasonable’ wrt Art14 or 19 and thus save such law from unconstitutionality.

Answer 150

1. Art 38: promote welfare by securing justice-social,economic and political- and to minimise inequalities in income, status, facilities and opportunities. 2. Art 39: 1. secure adequate means of livelihood for all 2. equitable distri of material resources for the common good 3. prevention of concentration of wealth and means of production 4. equal pay for equal work for men and women 5. health of workers and protecting children against forcible abuse 6. opportunities for healthy dev of children 3. Art 39A: 1. promote equal justice 2. provide free legal aid to the poor 4. Art 41: secure 1. RT Work 2. RT education 3. RT public assistance in cases of unemployment, old age, sickness 5. Art 42: 1. just and humane conditions of work 2. maternity relief 6. Art 43: secure 1. living wage 2. decent std of life 3. social and cultural opportunities for all workers 7. Art 43A: take steps to secure the participation of workers in the mgmt of industries 8. Art 47: raise 1. level of nutrition 2. st of living of people 3. improve public health

Answer 151

Art 38,39,39A,41,42, 43, 43A, 47

Answer 152

* Socialistic 1. promote **welfare** by securing **justice**-social,economic and political- and 2. to minimise **inequalities** in income, status, facilities and opportunities. (**44th CAA**)

Answer 153

* Socialistic 1. secure adequate means of livelihood for all 2. equitable distri of material resources for the common good 3. prevention of concentration of wealth and means of production 4. equal pay for equal work for men and women 5. health of workers and protecting children against forcible abuse 6. opportunities for healthy dev of children (**42ndCAA**)

Answer 154

* Socialistic * **42ndCAA** 1. promote equal justice 2. provide free legal aid to the poor

Answer 155

Socialistic Secure: 1. RT Work 2. RT education 3. RT public assistance in cases of unemployment, old age, sickness

Answer 156

Socialistic 1. just and humane conditions of work 2. maternity relief

Answer 157

Socialistic secure 1. living wage 2. decent std of life 3. social and cultural opportunities for all workers

Answer 158

Socialistic **42nd CAA** take steps to secure the participation of workers in the mgmt of industries

Answer 159

Socialistic 1. raise level of nutrition 2. taise std of living of people 3. improve public health

Answer 160

Art 40, 43, 43B, 46, 47 and 48

Answer 161

Gandhian ## Footnote organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government

Answer 162

Gandhian ## Footnote promote cottage industries on an individual or co-operation basis in rural areas

Answer 163

gandhian **97th CAA** promote voluntary formation, autonomous functioning, democratic control and professional management of **co-operative societies**

Answer 164

gandhian 1. promote the educational and economic interests of SCs, STs, and other weaker sections of the society and 2. to protect them from social injustice and exploitation

Answer 165

Gandhian ## Footnote prohibit the consumption of intoxicating drinks and drugs which are injurious to health

Answer 166

gandhian ## Footnote prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds

Answer 167

C ## Footnote **Article 44 of the Constitution says the state shall endeavour to secure for citizens a uniform civil code throughout the territory of India**. The definition of ‘State’, as given in Article 12, includes the overnment and Parliament of India and the government and the legislature of each of the states and all local or other authorities within the territory of India or under the control of the Government of India. While Article 44 uses the phrase “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use expressions such as “in particular strive”; “shall take steps”; “shall promote with special care”; “shall in particular direct its policy”; “shall regard its primary duty”; “shall be obligation of the state” etc. All of these mean that the **duty of the court is far greater in other directive principles than in Article 44**. **While Article 43 mentions that the “state shall endeavour by suitable legislation”, the phrase “by suitable legislation” is absent in Article 44, which indicates that the framers did not intend enactment of uniform civil code by a single legislation.**

Answer 168

Art 44, 45, 48, 48A, 49, 50 and 51

Answer 169

Liberal-intellectual UCC

Answer 170

Liberal-intellectual **86th CAA** provide early childhood care and education for all children until they complete the age of **six years**

Answer 171

Liberal-intellectual organise agriculture and animal husbandry on modern and scientific lines

Answer 172

Liberal-intellectual **42nd CAA** protect and improve the environment and to safeguard forests and wild life

Answer 173

Liberal-intellectual protect monuments, places and objects of artistic or historic interest which are declared to be of national importance

Answer 174

Liberal-intellectual separate the judiciary from the executive in the public services of the State

Answer 175

Liberal-intellectual 1. promote international peace and security 2. maintain just and honourable relations between nations 3. foster respect for international law and treaty obligations 4. encourage settlement of international disputes by arbitration

Answer 176

1. Sir B N Rau, the Constitutional Advisor to the Constituent Assembly, recommended that the rights of an individual should be divided into two categories—justiciable and non-justiciable, which was accepted by the Drafting Committee 2. they impose a moral obligation on the state authorities for their application, but the real force behind them is political, that is, public opinion, as observed by A K Swamy Ayyar 3. Dr B R Ambedkar had pointed out that the Directives have great value because they lay down that the goal of Indian polity is ‘economic democracy’ as distinguished from ‘political democracy’ 4. intended to fill in the vacuum in Part III by providing for social and economic rights.

Answer 177

1. non-justiciable: Sir Ivor Jennings called them as ‘pious aspirations’ 2. Illogically Arranged: Sir Ivor Jennings pointed out that these principles have no consistent philosophy. 3. Conservative: According to Sir Ivor Jennings, the Directives are based on the political philosophy of the 19th century England 4. Constitutional conflict: K Santhanam has pointed out that the Directives lead to a constitutional conflict (a) between the Centre and the states, (b) between the Prez/Guv and the PM/CM

Answer 178

* 1951: Champakam Dorairajan case: SC ruled that in case of conflict, FR would prevail and DSP to be subsidiary to FRs. Bt also allowed amendment of FRs by Parliament by CAA leading to 1st, 4th and 17th CAA to implement DSPs * 1967: Golaknath case: FR sacrosanct and not amendable for DSPs * 1971: 24th and 25th CAA * 24th CAA: empowered Parliam. to amend any of FR by CAA * 25th: inserted Art 31Cthat had 2 provisions: 1. protection frm Art 14,19 & 31 to laws for DSP under 39(b) and (c) 2. any such law can't be questioned on whether it does give effect to such a policy or nt * 1973: Keshavanand Bharati case: struck down the 2nd provision of 25th CAA; introduced basic str doctrine. * 1976:42nd CAA: extended the scope of Art 31C, thereby giving primacy to DSPs over FRs 14,19 &31. * 1978: 44th CAA: Art 31 (RT Property) removed * 1980: minerva Mills case: extension by 42nd CAA struck down, though protection to Art 39 (b) & (c) accepted; SC talked of balance betn DSPs and FRs. * Thus present position: FR\>DSPs bt FRs can be amended by Parliament for implementing DSPs bt without altering 'basic str'.

Answer 179

1. Claims of Sc/STs to services (Art 335) 2. Instruction in mother tongue (Art 350A) 3. Development of Hindi Language (Art 351)

Answer 180

1. 1976: sardar Swaran Singh Committee suggested **addition of 8** consti duties 2. added **10 Consti duties** as a new part by 42nd CAA in 1976, though certain recommendations of committee were not accepted like. 1. penalty for non-compliance of duties 2. laws for such penalty immune frm FR JR 3. duty to pay taxes

Answer 181

1. Consti, its ideals and institutions, National flag and anthem 2. noble ideals that inspired freedom struggle 3. upohld and protect sovereignty, unity and integrity of India 4. defend country and rnder national service when called upon 5. promote harmony and the spirit of common brotherhood AND to renounce practices derogatory to dignity of women 6. value and preserve India's rich heritage and culture 7. protect and improve the natural environment AND hv compassion fr living creatures 8. develop scientific temper, humanism and the spirit of inquiry and reform 9. safeguard public property and to abjure violence 10. strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement 11. education to his child or ward between the age of 6-14yrs (86th CAA)

Answer 182

1. some moral while others are civic duties 2. essentially contain just a codification of tasks integral to the Indian way of life 3. confined to citizens only and do not extend to foreigners. 4. non-justiciable; However, the Parliament is free to enforce them by suitable legislation

Answer 183

1. nt exhaustive eg. vote,pay taxes 2. Some of the duties are vague, ambiguous 3. described by the critics as a code of moral precepts due to their non-justiciable character 4. inclusion of FDs as an appendage to Part IV of the Constitution has reduced their value and significance 5. C K Daphtary, former AGI, while opposing the inclusion of FDs, said that more than 99.9 % of the citizens were law-abiding and there was no need to tell them about their duties. He argued that as long as the people are satisfied and contended, they willingly perform their duties.

Answer 184

T In 1992, the Supreme Court ruled that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a fundamental duty, it may consider such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality

Answer 185

C The 86th Constitutional Amendment Act of 2002 added one more fundamental duty

Answer 186

Verma Committee, identified the existence of legal provisions for the implementation of some of the Fundamental Duties 1. Prevention of Insults to National Honour Act (1971) 2. various criminal laws in force provide for punishments for encouraging enmity between different sections+ Protection of Civil Rights Act (1955) 3. (IPC) declares the imputations and assertions prejudicial to national integration as punishable offences 4. Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal organisation as an unlawful association 5. RPA,1951 provides for the disqualification of MP/MLA for soliciting votes on the ground of religion or promoting enmity 6. Wildlife (Protection) Act of 1972, Forest (Conservation) Act of 1980

Answer 187

1. can be initiated in either house of Parliament 2. by a minsiter or by a pvt member 3. **Doesn't require prior permission of President** 4. mst be passed **in each house by a special majority** (1/2 + 2/3rd) 5. **no joint sitting** provision 6. **If seeks to amend federal provision**, mst also be ratified by legislatures of **50% of the states by a simple majority** 7. **After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.** 8. Prez **mst give his assent**. can neither withold his assent nor return the bill for reconsideration.

Answer 188

* Amendment by art 368: two subtypes 1. Amendment by special majority of the Parliament 2. Amendment by special majority of the Parliament and the ratification of half of the state legislatures. * Amendment by simple majority of the Parliament: similar to the ordinary legislative process; **these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368**

Answer 189

1. States: 1. Admission or establishment of new states. 2. Formation of new states and alteration of areas, boundaries or names of existing ones 3. Abolition or creation of legislative councils in states 4. Elections to State Legislature 5. UTs 2. salaries and emoluments 1. 2nd schedule 2. salaries and allowances of MPs 3. Workings in parliament 1. Quorum in Parliament 2. Rules of Procedure 3. Privileges of members and committees 4. Use of English language in Parliament 5. Elections to Parliament 6. Delimitation of Constituencies 4. SC: 1. Number of puisne (other than CJI) judges in SC 2. increasing jurisdiction of SC 5. Citizenship—acquisition and termination. 6. 5th and 6th sched 7. Use of official language

Answer 190

* **majority of the provisions** in the Consti, including amendment of FRs, DPSP and all other provisions nt covered by 1st and 3rd categories. * expression ‘total membership’ means the total number of members comprising the House **irrespective of fact whether there are vacancie**s or absentees * Strictly speaking, the special majority is required only for voting at the third reading stage of the bill but by way of abundant caution the requirement for special majority has been provided for **in the rules of the Houses in respect of all the effective stages of the bill**

Answer 191

* provisions that can be amended this way 1. election of President and its manner 2. extent of executive power of Union and states 3. SC and HC 4. distri of legislative powers betnUnion and states 5. any of lists in 7th sched 6. rep of states in parliament 7. Art 368 and its procedure * no time limit within which the states should give their consent to the bill

Answer 192

1. simple 2. absolute 3. effective 4. special

Answer 193

* majority of more than 50% of the members present and voting * eg. if total strength=545; vacant=5; absent=10; present be abstaining frm voting=20, then simple majority would be (545-5-10-20)/2 +1=256 * normal motions and bills, incl No-confidence Motion, Motion of Confidence, Motion of Thanks, Censure Motion, Adjournment Motion, Money Bills, Ordinary Bills

Answer 194

* majority of more than 50% of the total strength of the house * eg. if total strength=545; vacant=5; absent=10; present be abstaining frm voting=20, then absolute majority wud be 545/2+1= 273.5 (**273**) * Such kind of majority is **not required in isolation** in the Indian Parliament * Abolition or creation of Council of States: Absolute + Special Majority in SLA * Removal of Supreme Court Judge: Absolute + Special Majority in each house * Emergency Proclamation: Absolute + Special Majority by each house * Amendment of the Constitution via article 368: Absolute + Special Majority by each house

Answer 195

* more than 50% of the effective strength (total- absent/vacant) * eg. if total strength=545; vacant=5; absent=10; present be abstaining frm voting=20, then effective strength = (545-5-10)/2+1= 266 * Removal of the Vice-President: Effective Majority in RS & agreed by LS * Removal of Deputy chairman Rajya Sabha/ Removal of Speaker of LS/SLA

Answer 196

three sub-types 1. Majority by two-third strength of the house {example impeachment of president under article 61} 2. Majority by two-third of present and voting members {Example: Power of Parliament to legislate with respect to a matter in the State List in the national interest, under article 249}; Certain constitution amendment bills etc. 3. Absolute majority + majority of two-third present and voting {Example: Removal of Supreme Court Judge, CAG etc.

Answer 197

* Shankari Prasad case1 (1951), the constitutional validity of the 1st CAA 1951), which curtailed the right to property, was challenged. * word ‘law’ in Article 13 includes only ordinary laws and not the CAA * Thus, power of the Parliament to amend the Constitution under Article 368 also includes the power to amend FRs * Golaknath case 1967: constitutional validity of 17th CAA(1964), which inserted certain state acts in the Ninth Schedule, was challenged * FR were said to be 'transcedental and immutable'; not amendable * 'law' in Art 13 also includes CAA * 24th CAA,1971: declared that the Parlia has the power to amend any of FRs under Article 368 and such an act will not be a law under the meaning of Article 13 * Keshavanand Bharati case,1973: upheld 24th CAA bt laid down doctrine of Basic str * 42nd CAA: amended Article 368 and declared that there is no limitation on the constituent power of Parliament. This provision was struck down in Minerva Mills case (1980).

Answer 198

1. Constitution: 1. Supremacy of Consti (KB) 2. secular character (KB) and freedom of religion (election case) 3. Sovereign, democratic and republican nature (KB, election case) 4. federal character (KB) 5. balance betn FR and DSP (Minerva Mills) 6. Principles (or essence) underlying FRs 7. Ltd power of parliament to amend Consti (Minerva Mills) 2. Governance system: 1. separation of powers (KB) 2. Parliamentary system (KB) 3. free and fair elections 3. Judiciary: 1. JR (election case) (Minerva Mills) 2. rule of law (election case) (mandal case) 3. independence of judiciary 4. effective access to justice 5. powers of SC under Art 32, 136, 141 and 142 6. Powers of HC under Articles 226 and 227 4. Citizen centric 1. welfare state (KB) 2. freedom and dignity of individual (KB) 3. principle of equality (election case) 5. Miscellaneous: 1. unity and integrity of the nation

Answer 199

1. an executive body 2. premiere policy 'Think Tank', providing both directional and policy i/p 3. shaped by a 'bottom up' approach rathr than a 'top-down' model, as with Planning Commission

Answer 200

1. Chairperson: PM 2. VChair: appointed by PM; enjoys rank of Cabinet min 3. members: 1. Ex-officio: max 4 members of Union CoM, nominated by PM 2. Full time: no fixed no.; enjoy rank of MoS 3. part time: max 2, frm leading uni, research org etc; on rotational basis 4. CEO: appointed by PM for a fixed tenure; rank of Secy to GoI 4. GOverning Council: all CMs (incl UTs) and Lt. Guvs 5. Regional councils: to address specific issues; formed for a specified tenure 6. Special invitees: experts, domain specialists

Answer 201

PM Cabinet minister

Answer 202

Max 4 members of CoM, nominated by PM

Answer 203

* Toa ddress specific issues for a region * for a specified tenure * convened by PM * comprises of CMs and LGs of that regions

Answer 204

* Research wing * Consultancy wing: market place, playing match maker * Team India wing: comprises of rep frm every state and ministry and serves as permanent platform for national collab

Answer 205

National Institute of Labour Economics Research and Development | (formerly Institute of Applied Manpower Research)

Answer 206

1. on recommendation of Advisory Planning Board under K C Neogi 2. by an executive resolution in March 1950. 3. was only a staff agency—an advisory body and had no executive responsibility

Answer 207

1. PM: chairman 2. deputy chairman: fixed tenure; rank of Cabinet minister 3. Ex-officio members: FM and planning minister 4. Some Central ministers as part time members 5. 4-7 full time expert members * **SGs were NOT represented**

Answer 208

* estab in 1952 * as an independent unit of erstwhile Planning Commission * nw under NITI Aayog * undertook an assessment of the implementation of development programmes and plans as contained in Five-Year Plans

Answer 209

* ARC described PC as 'Super/Parallel cabinet' * D.R. Gadgil declared it as 'failed in its task' root of which lies in the process by which PC, essentially only an advisory body, has come to mix itself with actual formation of public policies, even in matters other than development * K. Santhanam: PC has superseded the federation and our country is functioning like a unitary system is many respects * Rajamannar: highlighted overlapping fns and responsibilities of PC and FC in federal foscal transfers

Answer 210

* in 1952, by an executive resolution * composition: * PM: chairman * all Union Cabinet ministers * the CMs of all states and UTs and admins of all UTs * members of PC (nw NITI Aayog) * Draft Five-Year Plan prepared by the PC (now NITI Aayog) is first submitted to the Union Cabinet. After its approval, it is placed before the NDC, for its acceptance. Then, the Plan is presented to the Parliament. With its approval, it emerges as the official Plan and published in the official gazette * it is listed as an advisory body to the PC (now NITI Aayog) and its recommendations are not binding

Answer 211

* statutory (and not a constitutional) body * estab in 1993 under Protection of HR Act, 1993 * jurisdiction: * watchdog of human rights in the country * i.e. the rights relating to life, liberty, equality and dignity of the individual - guaranteed by the Constitution **or embodied in the international covenants** and enforceable by courts in India

Answer 212

* Chairman + 4 members + 4 ex-officio members * Chairman shud be a retired CJI * members shud be * serving or retired judges of SC AND * serving or retired CJ of a HC AND * two persons having knowledge or practical experience wrt HR * 4 ex-officio members: chairmen of * NC for minorities * NCSCs * NCSTs * NCW

Answer 213

* chairman and members are appointed by the president on the recommendations of a six-member committee consisting of * PM as its head, * the Speaker of the LS, * the Deputy Chairman of RS * leaders of the Opposition **in both the Houses** of Parliament and * the **Central home minister** * Further, a sitting judge of the Supreme Court or a sitting chief justice of a high court can be appointed only after consultation with the chief justice of India.

Answer 214

1. chairman and members hold office for a term of five years or until they attain the age of 70 years, whichever is earlier 2. After their tenure, the chairman and members are not eligible for further employment under the Central or a state government. 3. salaries, allowances and other conditions of service of the chairman or a member are determined by the Central government. But, they cannot be varied to his disadvantage after his appointment.

Answer 215

* president can remove the chairman or any member from the office under the following circumstances: * If he is adjudged an **insolvent**; or * If he engages, during his term of office, in any **paid employment** outside the duties of his office; or * If he is **unfit** to continue in office by infirmity of mind or body; * If he is of **unsound mind** and stand so declared by a competent court; * If he is **convicted and sentenced to imprisonment for an offence** * **proved misbehaviour or incapacity:** In these cases, Prez has to refer the matter to SC for an enquiry. BUT **advice nt Binding**.

Answer 216

1. HR violation investigate: either suo motu or when petitioned in court 2. intervene in any proceeding involving allegation pending in a court 3. visit jails and detention places 4. review the factors including acts of terrorism that inhibit the enjoyment of HR 5. research in HR and spread awareness

Answer 217

1. hqr at Delhi bt can establish at other places too 2. powers * regulate its own procedure * all the powers of a civil court and its proceedings hv a judicial charac * may call for info or report from CG/SGs or any other authority subordinate thereto * has its own nucleus of investigating staff. Also empowered to utilise the services of any officer or investigation agency of the CG/SG * submits its annual or special reports to the Cg/SG concerned. These reports are laid before the respective legislatures 3. limitations: * not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of HR is alleged to have been committed * no power to punish the violators of HRs, nor to award any relief including monetary relief to the victim; only recommedary * recommendations are not binding, But, it should be informed about the action taken on its recommendations **within one month** * limited role, powers and jurisdiction with respect to the violation of HRs by the members of the armed forces. CG shall inform the commission of the action taken **within three months**

Answer 218

1. wrt NHRC: 1. NHRC can undertake visits to jails even without intimation to SG 2. Enabling NHRC to trnsfr complaints received by it to concerned SHRC 3. Chair & members can resign in writing to Prez 2. SHRC: 1. reducing no. of members frm 5 to 3 2. Changing the eligibility condition for appointment of members 3. Chair & members can resign in writing to Guv 3. Both NHRC and SHRCs 1. Strengthening the investigative machinery 2. can nw recommend award of compensation during the course of enquiry 3. Clarifying that the Chair of NHRC and SHRCs are distinct frm members 4. Clarifying that the absence of any member in the Selection Committee for selection of the Chairperson and member of the NHRC or the SHRCs will not vitiate the decisions taken by such Committees

Answer 219

1. HR violations wrt State list and Concurrent list subjects; **hwever if any such case is already being inquired into by NHRC or any other statutory comm,then SHRC stays away** 2. Chair+ 2 members

Answer 220

1. by Guv on recommendation of a committee of 1. CM: head 2. speaker of SLA (**+** chailrman of LC) 3. state HM 4. LoO in LA (+ LoO in LC) 5. a sitting judge of a HC/DJ only after consultation with the CJ of HC 2. chair shud be a serving or retired CJ of a HC; members shud be serving or retired judge of HC or a district judge with min 7yrs experience as DJ AND a person having knowledge of practical experience with HR 3. 5yrs or 70yrs age, WIE 4. chairperson and members are not eligible for further employment under a SG/CG 5. determined by SG; cannot be varied to his disadvantage after his appointment

Answer 221

* Though appoined by Guv, removable by Prez only * on the same grounds and in the same manner as for Chair and members of NHRC i.e. (a) If he is adjudged an insolvent; or (b) If he engages, during his term of office, in any paid employment outside the duties of his office; or (c) If he is unfit to continue in office by reason of infirmity of mind or body; or (d) If he is of unsound mind and stands so declared by a competent court; or (e) If he is convicted and sentenced to imprisonment for an offence. (f) on the ground of proved misbehaviour or incapacity: has to refer to SC; advice nt binding

Answer 222

* Protection of Human Rights Act (1993) provides for establishment of Human Rights Court **in every district** for the speedy trial of violation of human rights * can be **set up by SG with the concurrence of CJ of HC** * For every HR Court, the SG specifies a public prosecutor or appoints an advocate (who has practiced for seven years) as a special public prosecutor.

Answer 223

1. RTI act 2005 2. Chief IC + NOT MORE than 10 ICs 3. After RTI amendment 2019, CIC as well as ICs will be appointed by CG * earlier, by Prez, on the recommendation of a committee consisting of * PM as chair * LoO in LS * a union Cabinet minister nominated by PM 4. They should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, mgmnt, journalism, mass media or administration and governance 1. shud nt be MP/MLA 2. shud nt hold any other office of profit or carrying out any business or pursuing any profession 3. shud nt be connected with any political party

Answer 224

1. hold office for a term to be **decided by CG** (currently fixed at 3yrs) or until 65yrs age,WIE (changed frm 5 yrs in 2019 amendment) 2. Not eligible for re-appointment **BUT NO COMMENTS ON RE-EMPLOYABILITY** * **though an IC can be appointed as Chief IC, but he cannot hold office for more than a total of five years including his term as Information Commissioner**. * **Rule 22 of amended RTI act** says that the **Centre has discretionary powers to relax any of these rules** with any “class or category of persons in future” and so this might change at the discretion of CG 3. prez can remove Chief or any IC under following circumstances: 1. adjudged an insolvent 2. convicted of an **offence which involves moral turpitude** 3. any paid employment outside during his term in office 4. unfit to continue due to infirmity of mind or body 5. acquired such financial or other interest as is **likely to affect prejudicially his official functions** 6. on the ground of **proved misbehaviour or incapacity**: **has to refer to SC; advice nt Binding** 4. **after the amendment to RTI in 2019, to be notified by CG** * **earlier, Chief IC's similar to those of CEC and that of ICs similar to ECs**

Answer 225

* receive and inquire into a complaint wrt any matter relating to obtaining information * Commission can order inquiry into any matter if there are reasonable grounds (**suo-moto power**). * While inquiring, the Commission has the powers of a civil court * During inquiry of a complaint, all public records must be given to the Commission and no record can be held back on any grounds * can also impose penalties or ask the public authority to compensate for any loss suffered by the applicant * submits an annual report to CG which places it in Parliament

Answer 226

1. under RTI act 2005 2. State Chief IC and not more than 10 state ICs 3. After amendment of 2019, to be notified by CG * earlier by Guv, on the recommendation of a committee consisting of * CM as chair * LoO in LA * State cabinet minister nominated by CM 4. should be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance * shud nt be a MP/MLA * shud nt hold any office of profit/ carrying on any business/professio * shud nt be connected to any political party

Answer 227

1. same as CIC 2. same as CIC 3. **by Guv, rest same as CIC** (in proved misbehaviour or incapacity, Guv has to **refer to SC; nt binding**) 4. Conditions of service: **after the amendment, to be decided by CG.** Earlier, * **State Chief IC: same as EC** * **state ICs: similar to Chief secy of SG**

Answer 228

1. The act defines a minority as “a community notified as such by the Central government.'' Government of India has declared six religions namely, Muslims, Christians, Sikhs, Buddhist and Parsis (Zoroastrian) and Jain as religious minorities in India. 2. Under this act, the government formed the National Commission for Minorities which consist of Chairperson, a Vice-Chairperson and five Members. 3. The five Members including the Chairperson shall be from amongst the minority communities. 4. The commission monitors the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures.

Answer 229

Part XVIII T T

Answer 230

1. Art 352 2. when the security of India **or a part of it** is threatened by **war or external aggression or armed rebellion (even if imminent)** 3. President can also issue different proclamations, whether or not there is a proclamation already issued by him and such proclamation is in operation 4. When due to ‘war’ or ‘external aggression’, known as 'External emergency'; when due to armed rebellion, its called 'Internal emergency'

Answer 231

1. mst be approved by both houses within 1 month frm date of issue. (2mnth---\>1month by 44th caa) 2. hwever, if NE is proclaimed at a time when, LS has been dissolved, or if LS has been dissolved within that **1 month** period, without approving NE, the proclamation survives until **30 days** frm first sitting ofLS after its reconstitution, **provided RS has approved it in the meantime.** 3. if approved by both houses, it continues for **6 months**, and can be extended to an **indefinite period** with approval of parliament every 6 mnths(44th CAA; earlier only one approval needed and thereafter would go on until executive wanted). If parliament dissolved in that 6month period, NE will continue upto 30 days frm next first sitting, provided RS approved it in the meantime 4. Approval: Special majority (44th CAA; earlier simple majority adequate) in each house (1/2 + 2/3rd)

Answer 232

1. may be revoked at any time by Prez by a subsequent proclamation. That **doesn't require Parliament's approval** 2. If LS passes a resolution disapproving its discontinuation, Prez mst revoke. (44th CAA; earlier LS had no control whatsoever) 3. 44th CAA: where **1/10th** of total members of the LS give a **written notice** to the **Speaker (or to the president** if the House is not in session), a special sitting of the House should be held **within 14 days** for the purpose of considering a resolution disapproving the continuation of the proclamation 4. Resolution of disapproval is different frm a resolution approving continuation of a proclamation in 2 respects

Answer 233

1. resolution of disapproval needs to be passed by LS only, while the latter needs both houses 2. resolution of disapproval needs to be passed by simple majority while latter needs special majority.

Answer 234

3 aspects: 1. effects on C-S relations 2. effects on life of LS and SLA 3. effects on FR

Answer 235

1. Executive: 1. **C can direct any S** regarding manner of exercisng its executive power **in any matter**. In normal times, the Centre can give executive directions to a state only on certain specified matters. 2. Thus, SG under complete control of CG, **though they are not suspended** 2. **Legislative:** 1. ****parliament can make laws on any sub mentioned in state list 2. **Though legislative power of S isn't suspended**, it can be over-ridden by Parliament. In brief, the **Consti becomes unitary frm federal.** 3. laws made by Parlia on the state subs during NE become inoperative **six months** **after the emergency has ceased to operate.** 4. Prez can issue ordinances on state subs also, **if parliament is nt in session** 5. Parliament can confer powers and impose duties upon the C or its officers/authorities wrt matters outside the Union List, in order to carry out the laws made by it under its extended jurisdiction 6. 3. **42nd CAA: the two consequences mentioned above (executive and legislative) extends not only to a state where the Emergency is in operation but also to any other state.** 4. Financial: 1. Prez can can modify the constitutional distri of revenues between the C&S 2. Such modification **continues till the end of the financial year in which the Emergency ceases to operate** 3. **every such order of the President has to be laid before both the Houses of Parliament.**

Answer 236

1. life of LS 1. may be extended beyond its normal term by a l**aw of parlia** for **1 yr at a time** **(indefinitely)** 2. However, this extension **cannot continue beyond a period of 6mnths after the emergency has ceased to operate** 3. eg. term of 5th LS (1971-77) was extended 2 times by 1 yr at a time 2. life of a SLA 1. **Parliament may extend** the normal tenure of a state LA by one yr at a time for indefinite period. 2. However, this extension cannot continue beyond a period of 6mnths after the emergency has ceased to operate

Answer 237

1. Art 358 (FR under Art 19) & 359 (FRs other than 19,20 & 21) 2. Art 19: 1. all 6 FRs under Art 19 are **automatically suspended; no separate order reqd** 2. it automatically revives once NE ceases to operate 3. Any law made during Emergency, **to the extent of inconsistency with Article 19, ceases to have effect immediately** 4. However, no remedy lies for anything done during the Emergency even after the Emergency expires 5. **limitations imposed by 44th CAA**: * the **6 FRs under Art 19 can be suspended only when NE is declared on the grounds of war or external aggression** and not on the grnds of armed rebellion * **only those laws which are related with the Emergency are protected from being challenged and not other laws**. Also, the executive action taken only under such a law is protected. 3. Art 359: 1. FRs as such aren't suspended bt only their enforcement i.e. Prez can suspend right to move any court for their enforcement 2. suspension of enforcement relates to only those FRs that are specified in the Presidential Order 3. suspension could be for the period during the operation of emergency or for a shorter period as mentioned in the order 4. may extend to the whole or any part of the country 5. should be laid before each House of Parliament for approval 6. When the Order ceases to operate, any law so made, to the extent of inconsistency with the specified FR, ceases to have effect. But no remedy lies for anything done during the operation 7. limitations imposed by 44th CAA on art 359: * Prez can't suspend the right to move the Court for the enforcement of FRs guaranteed by Articles 20 to 21 * only those laws which are related with the emergency are protected from being challenged and not other laws and the executive action taken only under such a law, is protected.

Answer 238

1. Art 358- Art 19 only; Art 359-\> to all those FRs suspended by Presidential order 2. Art 358-\> automatic suspension of ARt 19; Art 359-\> not automatic; only empowers the president to suspend the enforcement of the specified FRs 3. Art 358: only in case of external emergency, nt for internal emergency. Art 359 for either. 4. Art 358: suspends Art 19 fr entire duration and extends to entire country; Art 359: for a period specified by Prez and may extend to a part of country 5. Art 358 suspends Art 19 completely; Art 359 doesn't empower the suspension of the enforcement of Articles 20 and 21

Answer 239

1. 1962: Chiniese aggression; upto Jan 1968; thus **a fresh proclamation was not needed at the time of war against Pakistan in 1965**. 2. DEc 1971: Pak aggression; **Even when this Emergency was in operation, a third proclamation** of National Emergency was made in June 1975. Both the second and third proclamations were revoked in March 1977. 3. 1975: due to 'internal disturbance'; **Shah commission** did not justify the declaration of the Emergency

Answer 240

Art 355: imposes a duty on the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution Art 356: Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state Art 365: whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of Consti.

Answer 241

* Prez can issue a proclamation * if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. * president can act either on a report of the governor of the state or **otherwise too**

Answer 242

1. mst be approved by **both houses, by a simple majority, within two months** frm date of issue 2. If LS dissolved or it gets dissolved during the 2 months period without approving the proclamation, proclamation can survive **until 30days frm first sitting of next LS, provided RS approves it in the meantime**. 3. approval stands for 6 months 4. **can be extended for max 3 yrs period** with approval every 6 months; hwever if LS gets dissolved in the meantime, **similar 30 days limit stands** 5. **limits imposed by 44th CAA:** beyond 1 yr, Prez's rule proclamation can be extended by Parliament only if: * a NE in op in whole of India OR in whole or part of **THAT** state * EC mst certify that GE to LA of the concerned state cannot be held due to difficulties.

Answer 243

can be revoked at any time by a subsequent proclamation. It **does nt require Parliament's approval**

Answer 244

1. effect on Prez's powers 2. effect on SLA 3. effect on Parliament's powers 4. effects on state's HC

Answer 245

1. He can take up the fns of the **SG** and powers vested in the **governor** or **any other executive authority** in the state: thus, **Prez dismisses state CoM** headed by CM and **State Guv** carries on state admin **on behalf of Prez** 2. can declare that the powers of the state legislature are to be exercised by the Parliament: thus, Prez **either suspends or dissolves the SLA** and **Parliament passes state legislative bills and state budget**. 3. can take **all other necessary steps** including the **suspension of the constitutional provisions relating to any body or authority** in the state. 4. When the state legislature is thus suspended or dissolved: 1. when LS is nt in session, Prez can authorise expenditure frm state CF, bt that will hv to be sanctioned by the Parli in the future 2. when Parliament is not in session, Prez can promulgate ordinances for the governance of the state. 3. Parliament can delegate power to make laws fr the state to the Prez or to any other authority specified by him in this regard

Answer 246

* Prez can declare that the powers of the SLA are to be exercised by the Parlia * In practice, President either suspends or dissolves the SLA, Parliament takes up the legislative responsibilities of SLA * When the state legislature is thus suspended or dissolved, * Parlia can delegate law making for the state to Prez or to any other authority specified by him for this * such laws by Parlia or by Prez by delegation, can confer powers and impose duties on Centre or its officers and authorities * when LS is nt in session, Prez can authorise expenditure frm state CF, bt that will hv to be sanctioned by the Parli in the future * when Parliament is not in session, Prez can promulgate ordinances for the governance of the state.

Answer 247

1. Prez suspends or dissolves SLA and declares that powers of SLA are to be exercised by parliament. The Parliament can then pass the state legislative bills and the state budget 2. When the state legislature is thus suspended or dissolved: 1. **Parliament can delegate** the power to make laws for the state to the (**This power to delegate is nt there when Parliament legislates on state list subjects during NE**) President or to any other authority specified by him. 2. So far, the **practice** has been for the **president** to make laws for the state **in consultation with the MPs** from that state. Such laws are known as **President’s Acts**. 3. Parliament or in case of delegation, the President or any other specified authority can make laws conferring powers and imposing duties on the Centre or its officers and authorities 3. A law made by the Parliament or president or any other specified authority continues to be operative even after the President’s Rule. But it can be repealed or altered or re-enacted by the state legislature.

Answer 248

1. President cannot assume to himself the powers vested in the concerned state high court or suspend the provisions of the Constitution relating to it. 2. In other words, the constitutional position, status, powers and functions of the concerned state HC remain same even during the President’s Rule. NO EFFECT ON FRs

Answer 249

During its operation, the state executive is dismissed and the state legislature is either suspended or dissolved. The president administers the state through the governor and the Parliament makes laws for the state. In brief, the executive and legislative powers of the state are assumed by the Centre.

Answer 250

C ## Footnote Constitution (Forty–Second Amendment) Act, 1976 inserted in the Constitution Article 31D (during Emergency) which defined “anti-national activity” and this Article 31D was, subsequently, omitted by the Constitution (Forty-third Amendment) Act, 1977

Answer 251

T can be revoked by Prez, on his own only.

Answer 252

1. in Punjab in 1951 2. hoped that the drastic power conferred by Article 356 would remain a ‘dead-letter’ and would be used only as a measure of last resort

Answer 253

1. 38th CAA: satisfaction of Prez in invoking Art 356 FINAL and Conclusive, which cud nt be challenged in any court on any ground. 2. 44th CAA: deleted the above provision--\> Prez's satisfaction nt beyond JR 3. Bommai case (1994)

Answer 254

1. presidential proclamation subject to JR 2. satisfaction mst be based on relevant material; can be struck down if based on irrelevant or extraneous groundor of found to be malafide 3. Burden lies on centre to prove that relelvant materials exist 4. court cannot go into the correctness of the material or its adequacy bt only its relevance 5. if PR held invalid, SC can restore dismissed SG and revive SLA if it was suspended or dissolved 6. SLA shud be dissolved only after Parlia has approved Presidential proclamation; until then, only suspension 7. Secularism is a basic feature; hence a SG pursuing anti-secular politics can be dismissed under art 356 8. if doubts over confidence of LA in the SG, then it shud be tested on the floor of teh house and until then, ministry shud nt be unseated 9. Where a new party forms govt at the Centre, it will not have 10. the authority to dismissgovt of other parties in the states 11. power under Article 356 is an exceptional power and should be used only occasionally

Answer 255

1. guv recommends imposition of PR **without probing the possibility of forming an alternative ministry**, when a SG resigns or is dismissed 2. Where the **guv makes his own assessment** of the support of a ministry in the assembly and recommends PR **without allowing the ministry to prove its majority** on the floor of the Assembly. 3. Where the ruling party enjoying majority support in the assembly has suffered a massive defeat in the general elections to the LS eg**1977,1980** 4. **Internal disturbances not amounting to internal subversion or physical breakdown**. 5. **Maladministration** in the state or **allegations of corruption against the ministry**or**stringent financial exigencies** 6. Where the state government is **not given prior warning to rectify** itself except in case of extreme urgency leading to disastrous consequences

Answer 256

1. Art 360 2. if Prez is satisfied that a situation has arisen due to which the **financial stability or credit of India or any part of** its territory is threatened

Answer 257

1. mst be approved by **both houses**, **by simple majority**, within 2 months frm date of its issue (if **LS dissolved etc**. then 30days) 2. once approved by both houses, FE can continue indefinitely till it is revoked i.e 1. No max period 2. no repeated approval needed

Answer 258

may be revoked by Prez at any time by proclmation; doesn't require parliamentary approval.

Answer 259

38th CAA: satisfaction of the president in declaring a Financial Emergency final and conclusive and not questionable in any court on any ground 44th CAA deleted this provision and thus, satisfaction of Prez isn't beyond JR

Answer 260

1. Centre acquires full control over the states in financial matters 1. Centre can direct any state to ensure financial Propriety or wrt any other matter deemed necessary and adequate for the purpose 2. can reduce salaries and allowances of all or any class of persons serving in the state 3. can ask for reservatin of all money bills or other Financial bills for consideration of Prez after its been passedby the SLA 4. ca reduce salaries and allowances of all or any class of persons serving the union as well as judges of SC/HCs

Answer 261

F inspired frm National recovery act of USA, 1933

Answer 262

1. 245= 229 + 4 + 12; seat share acc to pop 2. 4th schedule 3. be **elected** members of SLAs in accordance with system of **proportional representation by single transferable vote** 4. **only Delhi and Puducherry** hv rep in RS; rep are **indirectly elected by members of an electoral college specially constituted** for the purpose 5. F; American senate has no nominated members

Answer 263

1. (a) 552= 530 + 20 +2 (b) 545 = 530 + 13 + 2 2. Consti has **empowered the Parliament** to prescribe the manner (Not so for the state); **UT (direct election to LS) Act, 1965** 3. under art 331; originally to operate till 1960; 95th CAA- extended till 2020; **126th CAA did away with it.**

Answer 264

1. a person whose **father or any of whose other male progenitors in the male line is or was of European descent** but who is **domiciled** within the territory of India and is **or was born within** such territory of parents habitually resident therein **and not** established there **for temporary** purposes only 2. Census 2011: 296; acc to All India Anglo-Indian Association, no. is in lakhs probably

Answer 265

1. Parliament empowered-\> **Delimitation Commissio Acts in 1952, 1962, 1972 and 2002** 2. changes in both: (a)seats allocated to the state in LS and (b)constituencies within each state 3. 42nd CAA: froze both till yr 2000 at the 1971 level 4. 84th CAA, 2001: * extended the freeze on (a) upto 2026 to encourage poplimit measure * empowered govt to readjust (b) otbo pop figures of 1991 census 5. 87th CAA,2003: allowed to change (b) otbo 2001 census, bt continued freezing (a)

Answer 266

* MPs to RS * MLAs to SLCs * election of Prez * VP

Answer 267

1. complex 2. unsuitable to parliamentary govt 3. expensive 4. no scope for organising by-elections 5. eliminates intimate voter-rep contact 6. promotes minority thinking and grp interests 7. increases significance of party system and decreases that of voter

Answer 268

F fr RS, empowered the Parliament; RPA,1951

Answer 269

* Constitutional 1. citizen 2. oath- faith and allegiance to consti AND soverignty and integrity 3. min age: 25(LS) and 30 (RS) * Parliamentary- RPA,1951 1. regtd as an elector (2003- requirement removed) 2. shud be a SC/ST for reserved seats

Answer 270

* Consti: 1. nt citizen of India or alleged to a foreign state 2. office of profit (except minister or any other specified by Parlia) 3. unsound mind(declared by court) 4. undischarged solvent 5. defection (10th sched) * Parlia: 1. certain election offences or corrupt practices in election 2. offence with imprisonment of \>2yrs (NOT Preventive detention) 3. election expenses in time 4. government contracts 5. office of profit in a corp in which govt has at least 25% share 6. dismissed frm govt service fr corruption or disloyalty to state 7. promoting enmity 8. social crimes such as untouchability, dowry and sati. * President's decision final; shud obtain views of EC and act accordingly.

Answer 271

* elected to both houses: intimate within 10 days; if nt, loses RS seat * sitting membr gets elected to other house: loses first seat * elected to two seats in a house, choose one otherwise loses both * MP and MLA: choose one within 14 days or loses parlia seat

Answer 272

if he is absent from all its meetings for a period of sixty days without its permission. In computing the period of sixty days, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days.

Answer 273

* Consti silent * RPA,1951 enables HC to declare an election void in that scenario; final appeal can be made to SC

Answer 274

1. true faith and allegiance to the Constitution 2. uphold the sovereignty and integrity of India 3. faithfully discharge the duty

Answer 275

F no mention of pensions in consti though taken care of by the Parliament

Answer 276

* both determined by Parliament * both charged on consti

Answer 277

1. deputy speaker 2. removed by a resolution passed by an **absolute majority** of all the members of the Lok Sabha; * **14 days'** advance notice mandatory; * motion can be considered and discussed only with 50members behind it at least. * he cannot preside bt can be present when resolution frhis removal under consideration; can also speak and vote in first instance 3. President fixes it 4. in the interim, any member **appointed by prez** takes over while LS elects another membre to fill the vacancy (**NOT member of panel of chairpersons)** 5. any of the members of panel of chairperson can ; even none of them also present, then any other person **as determined by house** 6. no separate oath

Answer 278

F Speaker and Chairman of RS

Answer 279

1. **final interpreter** of the provisions of (a) the **Constitution** of India, (b) the Rules of Procedure and Conduct of Business of Lok Sabha, and (c) the parliamentary precedents, within the House. 2. can allow a ‘secret’ sitting of the House **at the request of the Leader of the House** 3. acts as the **ex-officio chairman of the Indian Parliamentary Group** which acts as a link between the Parliament of India and the various parliaments of the world 4. appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises their functioning. 5. He himself is the chairman of the Business Advisory Committee, the Rules Committee and the General Purpose Committee

Answer 280

F only of Speaker Speaker fixes date for election of Deputy speaker

Answer 281

1. same as speaker 2. Not subordinate; directly responsible to house 3. whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman. 4. no separate oath

Answer 282

1. began under GoI act 1919, that time called prez and Deputy prez 2. in 1921, F. Whyte and Sachidanand Sinha as spkr and dep spkr of CLA 3. 1925: Vithalbhai J Patel- first indian and first elected spkr of CLA 4. GoI act 1935 changed nomenclature, bt old nomenclature continued until 1947 5. G V Mavalankar and Ananthasayanam Ayyangar- firsts

Answer 283

1. appointed by Prez 2. no separate oath; jst the oath of an MP administered by Prez

Answer 284

1. T 2. F, gets a casting vote 3. T 4. T

Answer 285

``` 1. by a resolution passed by an absolute majority of all the members of the RS (14 days' notice) ```

Answer 286

1. T 2. mentioned in Rules of House

Answer 287

1. leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House 2. mentioned in parliamentary statute (1977) 3. 1969 4. same as a cabinet minister

Answer 288

1. nowhere; based on Parliamentary conventions

Answer 289

1. **Summoning**: by Prez; max gap 6months 2. **adjournment**: suspends the work in a sitting for a specified time 3. recess: between the prorogation of a House and its reassembly 4. Adjournment sine die: terminating a sitting of Parliament for an indefinite period; done by speaker 5. prorogation: Adjournment sine die by spkr followed by prorogation **by Prez** 6. Dissolution:

Answer 290

1. bill pending in LS: lapse (**except some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not** ) 2. bill passed by LS, pending in RS: lapse 3. if joint sitting notified before dissolution, doesn't lapse 4. pending in RS doesn't lapse 5. passed by both houses bt pending before Prez, doesn't lapse 6. passed by both houses bt returned by Prez for reconsideration, doesn't lapse 7.

Answer 291

F consti has only mentioned hindi & english

Answer 292

1. Question hour 2. Zero hr 3. motions 4. point of order 5. half an hour discussion 6. short duration discussion 7. special mention 8. resolutions

Answer 293

1. mentioned in the Rules of Procedure 2. first hr of every parliamentary sitting 3. members ask and **ministers answer, though questions can be asked of pvt members too** abt some Bill, resolution or other matter connected with the business of the House for which that member is responsible * ****starred (oral, supplementary ques allowed), unstarred (written,no supplementary ques) and short notice (\<10days) questions

Answer 294

1. infrmal device; nt mentioned in Rules of procedure 2. an Indian innovation in the field of parliamentary procedures, since1962 3. For MPs to raise matters without any prior notice 4. starts immediately after the question hour and lasts until the agenda for the day

Answer 295

1. substantive 2. substitute 3. subsidiary 1. ancilliary 2. superseding 3. amendment 4. Closure motion: 1. simple 2. closure by compartments 3. Kangaroo closure 4. Guillotine closure 5. Privilege motion 6. Calling attention motion 7. Adjournment motion 8. No-Confidence motion 9. Censure motion 10. Motion of thanks

Answer 296

It is a **self-contained** **independent** proposal dealing with a **very important matter** like impeachment of the President or removal of Chief Election Commissioner

Answer 297

* Superseding motion is a type of subsidiary motion, that is moved in course of debate on another issue and seeks to supersede that issue

Answer 298

1. Simple: matter havingbeen sufficiently discussed be now put to vote 2. Closure by compartments: clauses of a bill or a lengthy resolution are grouped into parts before the commencement of the debate followed by part-wise vote 3. Kangaroo closure: only important clauses debated and voted on; other taken as passed 4. Guillotine closure: undiscussed clauses of a bill or resolution are put to vote along with discussed ones due to shortage of time.

Answer 299

* breach of parliamentary privileges by a minister * Censures a minister * moved by a member when he feels that a minister has committed a breach of privilege of the House or one or more of its members by withholding facts of a case or by giving wrong or distorted facts

Answer 300

C A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege. A member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof. The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House. The Speaker/RS chairperson is the first level of scrutiny of a privilege motion. The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.

Answer 301

* by a MP, to call the attention of a minister to a matter of urgent public importance, and to seek an authoritative statement from him on that matter * **an Indian innovation, inexistence since 1954, and mentioned in rules of Procedure**

Answer 302

* to draw **attention of the House** to a definite matter of urgent public importance * needs support of 50 members to be admitted * interrupts normal business of the house-\> Extraordinary device * \>=2.5hr discussion * restrictions: * definite, factual, urgent and of public importance; * not cover more than one matter; * specific matter of recent occurrence; not be framed in general terms * should not raise a question of privilege * not revive discussion on a matter that has been discussed in the same session * not deal with any matter that is under adjudication by court * not raise any question that can be raised on a distinct motion

Answer 303

1. censure literally means expression of strong disapproval or harsh criticism 2. can be moved in LS only 3. should state the reasons for its adoption 4. moved against an individual minister or a group of ministers or the entire council of ministers 5. If it is passed in the Lok Sabha, the council of ministers need not resign from the office.

Answer 304

1. Art 75 2. in LS only 3. A no-Confidence Motion is governed by the provisions in the Rules of Procedure and Conduct of the Lok Sabha. 4. need not state the reasons for its adoption in the Lok Sabha. 5. can be moved against the entire council of ministers only 6. moved for ascertaining the confidence of Lok Sabha in the council of ministers (different frm censuring) 7. This motion can be moved when “the Member asking for leave shall, by 10.00 hours on that day give to the Secretary-General a written notice of the motion which such member proposes to move.” The Speaker then, once satisfied that the motion is in order, will ask the House if the motion can be adopted. Those Members that support the motion will have to rise in their seats, and with a **minimum of 50 Members’ approval**, the motion can be moved. 8. if passed by a simple majority , CoM has to resign.

Answer 305

* any member can raise Point of Order when proceedings of the House don't follow the normal rules of procedure * should relate to the interpretation or enforcement of the Rules of the House or such articles of the Constitution that regulate the business of the House * should raise a question that is within the cognizance of the Speaker * It is an extraordinary device as it suspends the proceedings before the House * No debate is allowed on a point of order * ussually raised by a member of opposition to control Govt

Answer 306

* for discussing a matter of **sufficient public importance**, which has been **subjected to a lot of debate** and the answer to which needs **elucidation on a matter of fact** * **no formal motion or voting before the House**

Answer 307

* aka 2 hr-discussion since \<=2hr * member can raise such discussions on a matter of **urgent public importance** * no formal motion or voting * since 1953

Answer 308

* in RS only * a matter that can't be raised under any of the other devices or rules * same as LS's '**Notice (Mention) Under Rule 377**'

Answer 309

* members can move resolutions to **draw attention of house or govt** to matters of **general public importance** * member who has moved a resolution or amendment to a resolution cannot withdraw the same except by leave of the House * categories: 1. Pvt member's resolution 2. Govt resolution 3. Statutory resolution: eithr by a pvt member or a minister; always in pursuance of a provision in the Constitution or an Act of Parliament * All resolutions come in category of substantive motions; further, all motions are not necessarily put to vote of the House, whereas **all the resolutions are required to be voted upon**

Answer 310

* Public bill- requires 7 days notice; pvt members' bills require 1 month notice

Answer 311

1. first reading- no discussion- intro in house and publishment in gazette of iNdia * **If a bill is published in the Gazette before its introduction, leave of the House to introduce the bill is not necessary** 2. ****second reading: general and detailed scrutiny 1. Stage of General Discussion: 4 options (take into consideration OR select committee OR joint committe OR circulate for public opinion) 2. committee stage 3. consideration stage: claue by clause discussion and voting; amendments can be moved 3. Third reading: debate confined to acceptnce or rejectn of bill as whole; no amendments allowed 4. once passed, bill authenticated by Presiding officer and transmitted to other house

Answer 312

* For an ordinary bill only 1. if the first House rejects the amendments suggested by the second House or 2. the second House rejects the bill altogether or 3. the second House does not take any action for six months

Answer 313

* Art 110 * If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final and it cannot be questioned in any court or any house of Parliament or even by Prez 1. tax 2. borrowing of money by CG 3. custody of CFI or Contingency Fund of India 4. payment or withdrawal frm any of above two fund 5. appropriation of money out of the CFI 6. Declaration of any expenditure charged on the CFI or increasing such amt 7. receipt of money on account of the CFI or PAI 8. audit of the accounts of the Union or of a state

Answer 314

1. only in LS 2. only on recommendation of Prez 3. every such bill is govt bill and can be introducedonly by minister 4. RS cannot amend or reject a money bill; must return the bill to the Lok Sabha within 14 days, wither with or without recommendations 5. when a money bill is presented to the president, he may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration

Answer 315

* three kinds: Money bill (Art 110), Financial Bill (I) (Art 117(1)) and Financial Bill (II) (Art 117(3)) * Financial Bill (I): matters of Art 110 + other matters of general legislation 1. can be introduced only in LS 2. intro and passage only on recommendation of Prez 3. in all other respects, same as ordinary bill i.e. can be accepted, amended (**other than for reduction or abolition of a tax+ any amendment requires prior approval of Prez**) or rejected by RS 4. provision of joint sitting 5. prez can also return the bill for reconsideration * Financial Bill (II): contains provisions involving expenditure fromCFI, but doesn't include any of the matters mentioned in Article 110 1. treated as an ordinary bill and in all respects, it is governed by the same legislative procedure except that its consideration in either house requires prior permission of Prez for passage, 2. **_Recommendation for passing the Bill and not Introducing the Bill_**

Answer 316

T sincehe isn't a member of either house

Answer 317

1. F; two types of amendments allowed 2. bills that have been passed at joint sittings are: 1. Dowry Prohibition Bill, 1960 2. Banking Service Commission (Repeal) Bill, 1977 3. Prevention of Terrorism Bill, 2002

Answer 318

1. Parliament can reduce or abolish a tax but cannot increase it. 2. estimates of expenditure embodied in the budget shall show separately the expenditure charged on the CFI and the expenditure made from the CFI 3. budget shall distinguish expenditure on revenue account from other expenditure 4. The expenditure charged on the Consolidated Fund of India shall not be submitted to the vote of Parliament. However, it can be discussed by the Parliament.

Answer 319

1. Emoluments and allowances of the President and other expenditure relating to his office 2. Salaries and allowances of Speaker/Deputy Speaker and Chairman/D.Chai. 3. Salaries, allowances and pensions of the judges of the SC 4. **Pensions of the judges of high courts (not salary)** 5. Salary, allowances and pension of the CAG, UPSC members 6. Administrative expenses of SC, office of CAG, UPSC 7. debt charges for which GoI is liable incl 1. interest 2. sinking fund charges 3. redemption charges 4. other expenditure relating to the raising of loans and the service and redemption of debt 8. Any sum required to satisfy any judgement, decree or award of any court or arbitral tribunal. 9. Any sum required to satisfy any judgement, decree or award of any court or arbitral tribunal.

Answer 320

1. Policy Cut Motion It represents the disapproval of the policy underlying the demand. It states that the amount of the demand be reduced to Re 1. The members can also advocate an alternative policy. 2. Economy Cut Motion It states that the amount of the demand be reduced by a specified amount (which may be either a lumpsum reduction in the demand or ommission or reduction of an item in the demand). 3. Token Cut Motion It ventilates a specific grievance that is within the sphere of responsibility of the Government of India. It states that the amount of the demand be reduced **by** Rs 100.

Answer 321

* can be moved only during voting (after reports ofdeptt standing committees) * to be admissible, must satisfy the following conditions: 1. related to one demand only 2. clearly expressed; no arguments or defamatory statements 3. confined to one specific matter 4. shud nt suggest amendment or repeal of existing laws 5. should not refer CG to a matter that is not primarily the concern of CG 6. should not relate to a matter that is under adjudication by a court 7. should not raise a question of privilege 8. should not revive discussion on a matter on which a decision has been taken in the same session 9. should not relate to a trivial matter * Their passage by the LS amounts to the expressions of want of parliamentary confidence in govt, thus never passed

Answer 322

1. provide for the appropriation, out of CFI, all money reqd to meet: 1. grants voted by the Lok Sabha 2. expenditure charged on the CFI 2. **No such amendment** can be proposed in either house that will have the effect of * varying the amount or * altering the destination of any grant voted, or * of varying the amount of any expenditure charged

Answer 323

1. to give effect to the financial proposals of the GoI for the following year 2. subjected to all the conditions applicable to a Money Bill 3. Unlike the Appropriation Bill, the amendments (seeking to reject or reduce a tax) can be moved in the case of finance bill. 4. According to the **Provisional Collection of Taxes Act of 1931**, the Finance Bill must be enacted (i.e., passed by the Parliament and assented to by the president) within 75 days. 5. Finance Act legalises the income side of the budget and completes the process of the enactment of the budget

Answer 324

* **Not Budgetary** 1. Supplementary grant: amt authorised through Appropriation Act for a particular service is found to be insufficient 2. Additional Grant: when a need has arisen during the current FY for additional expenditure upon some **new service** 3. Excess Grant: when money has been spent on any service during a FY in excess of the amount granted for that service in the budget * **voted by the Lok Sabha after the FY** * **Before the demands for excess grants are submitted to the LS for voting, they must be approved by the PAC** 4. ****Vote of Credit: granted for **meeting an unexpected demand** upon the resources of India, when on account of the magnitude or the **indefinite character of the service**, the demand cannot be stated with the details ordinarily given in a budget. Like a Blank cheque to executive 5. Exceptional grant: granted for a special purpose and forms no part of cuurent services of any FY 6. Token grant: when funds to meet the proposed expenditure on a **new service** can be made available by reappropriation; grant fr token sum of Re1

Answer 325

1. all revenues received by GoI 2. all loans raised by GoI by the issue of treasury bills, loans or ways and means of advances 3. all money received by the government in repayment of loans

Answer 326

1. All other public money (other than those which are credited to the CFI) received by or on behalf of the GoI shall be credited to PAC 2. includes provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances etc 3. operated by executive action 4. mostly in nature of banking transactions

Answer 327

1. **Constitution** authorised the Parliament to establish 2. Accordingly, contingency fund of India Act in 1950 3. at dsposal of prez; held by Fin secy 4. Prez can make advances out of it to meet **unforeseen expenditure** **pending its authorisation by the Parliament**.

Answer 328

1. RS passes resolution to such effect 2. NE 3. 2 or more states make such request 4. when necessary to give effect to international agreements, treaties and conventions. 5. President's rule

Answer 329

F Though, CoM are bound to seek the confidence of Lok Sabha as early as possible

Answer 330

1. Art 249: can authorise the Parliament to make a law on a subject of state list 2. Art 312: authorise the Parliament to create new All-India Services common to both the Centre and states

Answer 331

1. Constitution (Article 105) expressedly mentioned two privileges: 1. freedom of speech in Parliament 2. right of publication of its proceedings 2. wrt other privileges, it provided that they were to be the same as those of the British House of Commons, its committees and its members on the date of its commencement (ie, 26 January, 1950), until defined by Parliament. 44th CAA made only verbal changes by dropping a direct reference to the British House of Commons 3. parliament hasn't made any specific law for the codification 4. 5 sources in total: 1. Consti 2. various laws made by Parlia 3. rules of both houses 4. parliamentary conventions 5. Judicial interpretations

Answer 332

1. Parliament can make, amend, substitute or repeal any law 2. Parliament can make constitutional laws by the same procedure as ordinary laws i.e. no legal distinction betn constituent authority and the legislative authority 3. Parliamentary laws cannot be declared invalid by the Judiciary as being unconstitutional NO

Answer 333

1. F; mentions, bt no specific provision regarding their composition 2. F; House rules 3. conditions: 1. appointed or elected by the House or nominated by the spkr/chair 2. Works under the direction of the Speaker / Chairman 3. Presents its report to the House or to the Speaker / Chairman 4. Has a secretariat provided by the LS/RS

Answer 334

1. set up first in 1921, under GoI Act 1919 2. 22(15+7) 3. elected by Parliament frm amongst members acc to principle of PR by STV 4. 1 yr 5. appointed frm amongst members by spkr; since 1967, a member of opp. 6. NO

Answer 335

fns: 1. examine annual audit the 3 reports of CAG- 1. audit report on appropriation accounts, 2. audit report on finance accounts and 3. audit report on public undertakings (except those PSUs that are allotted to Committee on Public undertakings) 2. examines public expenditure frm legal, technical and economical views 3. examine appropriation accts-compare the actual expenditure with the expenditure sanctioned by the Parlia through the Appropriation Act 4. examine Finance accts-shows the annual receipts and disbursements of the CG 5. examine the accounts of state corporations, trading concerns and 6. manufacturing projects 7. examine the accounts of autonomous and semi-autonomous bodies, the audit of which is conducted by the CAG 8. examine the money spent on any service during a FY in excess of the amount granted by the Lok Sabha for that purpose

Answer 336

1. not concerned with the questions of policy in broader sense 2. conducts a post-mortem examination of accounts 3. cannot intervene in the matters of day-to-day administration 4. recommendations are advisory and not binding 5. not vested with the power of disallowance of expenditures by the departments. 6. **not an executive body and hence, cannot issue an order**. Only the Parliament can take a final decision on its findings

Answer 337

1. standing financial committee set up in 1921; first Estimates Committee in the postindependence era was constituted in 1950 on the recommend of John Mathai, the then FM 2. 30members (25 before 1956); all LS 3. elected by LS acc to PR by STV 4. 1yr 5. appointed by the Speaker from amongst its members;frm ruling party 6. NO

Answer 338

1. suggest economies, improvements in organisation, efficiency and administrative reform consistent with policy underlying the estimates 2. suggest alternative policies to bring efficiency and economy in admin 3. suggest form in which estimates are to be presented to parliament 4. **not be incumbent on the Committee to examine the entire estimates of any one year**

Answer 339

1. examines the budget estimates only alter they have been voted by the Parliament, and **not before that.** 2. cannot question the policy laid down by the Parliament 3. recommendations are advisory and not binding on the ministries 4. examines every year only certain selected ministries and departments by rotation 5. lacks the expert assistance of the CAG which is available to the Public Accounts Committee

Answer 340

1. created in 1964 on the recommendation of the Krishna Menon Committee 2. 22(15+7) (15 before 1974) 3. elected by Parlia amongst its own members by PR by STV 4. 1 yr 5. appointed by spkr, **from amongst its members who are drawn from LS only** 6. NO

Answer 341

1. examine the reports and accounts of public undertakings 2. examine the reports of CAG on PUs 3. examine whether the affairs of the PUs are being managed in accordance with sound business principles 4. any other fn allotted to it by spkr

Answer 342

1. cannot take up the examination of more than ten to twelve public undertakings in a year 2. work is in the nature of a post-mortem 3. does not look into technical matters as its members are not technical experts. 4. recommendations are advisory and not binding on the ministries

Answer 343

1. 24 (up frm 17 in 2004) (8 under RS, 16 under LS) 2. each has 31 members (21+10) 3. members are nominated by the respective spkr/chairman 4. Minister NOT eligible 5. term 1 yr

Answer 344

1. Commerce 2. Home Affairs 3. HRD 4. Industry 5. S&T, Env & forests 6. Transport, Tourism and culture 7. Health and Family welfare 8. Personnel, Public Grievances, Law and Justice

Answer 345

1. While considering demands for grants of ministeries/deptts, Its report should not suggest anything of the nature of cut motions 2. Afetr general discussion on budget, While considering demands for grants of ministeries/deptts, they **shall make their report within the period and shall not ask for more time.**

Answer 346

1. Business advisory committee 2. General Puurposescommittee 3. Rules committee

Answer 347

* all 1yr except: 1. Committee of Privileges: Not fixed. May continue in office till reconstituted. 2. Joint Committee on Offices of Profit: For the duration of one Lok Sabha 3. Rules Committee: Not fixed. May continue in office till reconstituted.

Answer 348

* All nominated except 1. General Purposes Committee: All members are ex-officio members by virtue of being chairmen of respective standing committees and leaders of respective parties. 2. Joint Committee on Offices of Profit: elected 3. Committee on the Welfare of Scheduled Castes & Scheduled Tribes: elected

Answer 349

* Consti provide fr it * parliament can create or abolish, **if the LA** of the concerned state passes a resolution to that effect by a **special majority** * Such an act of parliament **not deemed as an amendment under Art 368**, and is passed like an ordinary legislation with **simple majority**

Answer 350

1. TN 2. PJ 3. WB

Answer 351

1. max fixed at 500, min at 60. However, fr somestates the min limit are diff 1. Arunachal P: 30 2. Sikkim: 30 3. Goa: 30 4. Mizoram: 40 5. Nagaland: 46 2. some members of the LA of Sikkim and Nagaland also elected indirectly 3. nominated member: 1 Anglo-Indian ; originally for 10 yrs 4. Constitution provided for the reservation of seats for scheduled castes and scheduled tribes in the assembly of each state **on the basis of population ratios**

Answer 352

1. **Constitution has fixed the max and the min limits**, the actual strength of a Council is fixed by Parliament 1. max strength= 1/3rd of total SLA strength 2. min=40 2. election procedure **laid down in consti** bt nt final and **can be changed by parliament** (though not done yet) 1. 1/3rd elected by members of local bodies in state 2. 1/12th by Graduates of 3 yrs stndg and residing within the state 3. 1/12th elected by teachers of 3 yrs stndg in the state, nt lower than secondary school 4. 1/3rd by members of SLA 5. 1/6th nominated by Guv from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service 3. Election acc to **PR by STV** 4. The bonafides or propriety of the **governor’s nomination in any case cannot be challenged in the courts**.

Answer 353

can be extended during NE **by a lawof Parliament** fr 1 yr at a time (indefinitely); bt **nt beyond 6 months after revocation** of emergency

Answer 354

Same as RS

Answer 355

* Consti qualifications same as for MP * qualifications laid down by Parliaunder RPA,1951: 1. SLC: must be an **elector for an assembly constituency in the concerned state** and to be qualified **for the governor’s nomination, he must be a resident in the concerned state** 2. SLA: must be an elector for an assembly constituency in the concerned state 3. mst be a SC/ST if he wants to contest a seat reserved for them

Answer 356

* all same as for MP * **decisions of Guv**, and it is **final**; though he should obtain opinion of **EC(nt SEC)**

Answer 357

his seat in one of the Houses falls vacant **as per the provisions of a law made by the state legislature**

Answer 358

All by resolution passed by absolute majority resolution can be moved only after 14 days' advance notice

Answer 359

1/10th or 10 members (**including Presiding officer**), whichever is greater

Answer 360

T along with official language of the state

Answer 361

**_FOR A BILL ORIGINATING IN SLA_** If, * the assembly rejects the amendments suggested by the council,OR * council rejects the bill altogether, OR * council does not take any action for three months Then, assembly may pass the bill again and transmit the same to the council. If, * the council rejects the bill again, OR * passes the bill with amendments not acceptable to the assembly, OR * doesn't pass the bill within one month then, bill is deemed to have been passed by both the Houses in the form in which it was passed by the assembly for the second time **_FOR A BILL ORIGINATING IN SLC_** iF REJECTED BY SLA, BILL ENDS AND BECOMES DEAD.

Answer 362

F Constitution does not provide for the mechanism of joint sitting for SL F; They can bt no provision of joint sitting

Answer 363

1. Ordinary bill * If the governor withholds his assent to the bill, the bill ends * If the governor returns the bill for **reconsideration** and if the bill is passed by the House or both the Houses **again**, with or without amendments, and presented to the governor for his assent, the **governor must give his assent to the bill** * he may reserve the bill for the consideration of the President 2. Money Bill * can give or withold his assent or reserve it for Prez But cannot return the bill for reconsideration * Normally, the governor gives his assent to a money bill as it is introduced in the state legislature with his prior permission

Answer 364

1. where the bill passed by the state legislature endangers the position of the state high court 2. if bill is of following nature: 1. Ultra-vires, that is, against the provisions of the Constitution. 2. Opposed to the Directive Principles of State Policy. 3. Against the larger interest of the country. 4. Of grave national importance. 5. Dealing with compulsory acquisition of property under Article 31A of the Constitution.

Answer 365

1. Ordinary Bill * President may * give his assent OR * withhold his assent OR * return the bill for reconsideration of SL * When a bill is so returned, the House or Houses have to reconsider it within a period of six months. * When the bill is presented again to the presidential assent, **It is not mentioned in the Constitution whether it is obligatory on the part of the president to give his assent to such a bill or not.** ** 2.** Money Bill * president may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration of the SL

Answer 366

T assent of the Governor is no longer required.

Answer 367

T SC replaced British Privy Council as the highest court of appeal

Answer 368

1. 34 (incl CJI) (recently increased frm 31); originally 8 2. Parliament 3. After Third judges case, appointment is to be made by Prez acc to advice rendered by collegium of 4 seniormost judges plus CJI 4. T 5. in the Second Judges Case (1993), the SC ruled that the seniormost judge of the SC should alone be appointed to the office of CJI 6. following qualifications: * citizen AND * judge of HC fr 5 yrs OR * advocate of HC fr 10 yrs OR * shud be a distinguished jurist in Prez's opinion * **NO MIN AGE** 7. ****until 65 yrs age 8. by such authority and in such manner as provided **by Parliament** 9. **parliament**

Answer 369

* President, or some person appointed by him for this purpose * swears 1. true faith and allegiance to Consti 2. uphold sovereignty and integrity of INdia 3. duly and faithfully ad to best of his ability perform duties 4. uphold Consti and the laws

Answer 370

1. By an order of Prez that can happen only after 1. an address by Parliament for the removal **in the same session** 2. address supported by **special majority** 3. **Only two grounds of removal- misbehaviour and incapacity** 2. Procedure of removal regulated by Judges Enquiry act, 1968 1. removal motion signed by **100 members(LS) OR 50 members (RS)** and then given to spkr/chairman 2. spkr/chairman **may admit or refuse** the motion 3. If admitted, Spkr/chairman will constitute **3-member committee** to investigate consisting of: * CJI/SC judge * CJ of a HC * a distinguished jurist 4. if committee finds him guilty of Misbehaviour or incapacity, house can take up consideration 5. each house needs special majority to pass motion

Answer 371

B No prior consent of President is needed

Answer 372

1. CJI is temporarily absent 2. CJI's office vacant 3. CJI unable to perform his duties

Answer 373

1. CJI 2. when there is lack of quorum of permanent judges to hold or continue any session of SC (Not to share workload) 3. can do so only after consultation with CJ of relevant HC and previous consent of Prez 4. only a judge of HC who should be qualified for appointment as a judge of SC

Answer 374

1. by CJI 2. only with previous consent of Prez 3. retired SC judge or a HC judge(qualified to be a SC judge) 4. F; to be decided by Prez 5. F; though enjoy all juris, powers and privileges, he won't be deemed as a SC judge

Answer 375

1. T 2. F; Consti authorizes CJI, though with approval of Prez 3. T 4. T

Answer 376

1. the dispute must involve a question (whether of law or fact) on which the existence or extent of a legal right depends. Thus, the questions of political nature are excluded from it. 2. A dispute arising out of any pre-Constitution treaty, agreement, covenant, engagement etc. 3. A dispute arising out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extent to such a dispute 4. Inter-state water disputes 5. Matters referred to the Finance Commission 6. Ordinary dispute of Commercial nature between the Centre and the states 7. Recovery of damages by a state against the Centre.

Answer 377

1. Consti matters: 2. Civil matters: 3. Criminal matters: 4. Any other civil or criminal appellate jurisdiction that extended to Federal Court of India bt nt mentioned specifically here 5. Appeal by Special leave

Answer 378

against HC judgement, if HC certifies that the case involves a substantial question of law that requires the interpretation of Consti

Answer 379

if HC certifies 1. substantial question of law of general importance OR 2. question needs to be decided by SC 3. originally monetary limit, bt removed by 1972 CAA

Answer 380

if HC 1. has on appeal reversed an order of acquittal and sentenced him to death 2. has taken before itself any case from any subordinate court and convicted and seentenced him to death 3. certifies that the case is a fit one for appeal to SC 4. in 1 and 2, appeal a right (i.e. without any certi of HC) 5. if the high court has reversed the order of conviction and has ordered the acquittal, there is no right to appeal to the SC 6. In 1970, the Parliament had enlarged the Criminal Appellate Jurisdiction of SC * if HC, has on appeal reversed an order of acquittal/ taken before itself any case from any subordinate court and sentenced him to 10 yrs or life imprisonment

Answer 381

SC can, **in its discretion (thus nt a right of any petitioner)**, grant special leave to appeal frm **any judgement (final or interlocutory)** in **any matter(consti, civil, criminal, income tax, labor etc.)** passed by **any court or tribunal** in Country **(except Military tribunal or Court martial)**

Answer 382

* Art 143: Prez can seek opinion of SC in 2 categoris of matters 1. On any question of law or fact of public importance which has arisen or which is likely to arise. 2. On any dispute arising out of any pre-consti treaty, agreement etc. * In 1, SC may refue to tender his opinion * in 2, SC must; * In both cases, opinion of SC is only advisory and nt a hudicial pronouncement, thereby nt binding on prez

Answer 383

1. judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of **evidentiary value** and **cannot be questioned** when produced before any court. They are **recognised as legal precedents and legal references** 2. power to **punish for contempt of court**. In 1991, the Supreme Court has ruled that it has **power to punish for contempt not only of itself** but also of high courts, subordinate courts and tribunals functioning in country * Contempt may be civil or criminal: 1. Civil: wilful disobedience to any judgement, order, writ or other process of a court or wilful breach of an undertaking given to a court 2. Criminal: publication of any matter or doing an act which— * scandalises or lowers the authority of a court; or * prejudices or interferes with the due course of judicial proceeding; or * interferes or obstructs the administration of justice in any other manner.

Answer 384

* with respect to matters in the Union list, it can be enlarged by the Parliament * with respect to other matters can be enlarged by a **special agreement of the Centre and the states**

Answer 385

1. neither Indian or American consti explicitly mentions 'JR' 2. can be challenged in SC/HC 3. on 3 grounds 1. infringes FR 2. outside competence of authority which has framed it 3. repugnant to contitutional provisions 4. scope narrower than in USA; our SC cannot go into reasonableness of law 5. IRCoelho case,2007: there could not be any blanket immunity from judicial review of laws included in the Ninth Schedule. 6. Direct impact and effect test i.e. rights test, the form of an amendment is not the relevant factor, but the consequence thereof would be the determinative factor.

Answer 386

D ## Footnote Judicial review is the power of a high court to examine the constitutionality of legislative enactments and executive orders of both the Central and state governments. On examination, if they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the high court. Consequently, they cannot be enforced by the government. Though the phrase ‘judicial review’ has nowhere been used in the Constitution, the provisions of Articles 13 and 226 explicitly confer the power of judicial review on a high court. The constitutional validity of a legislative enactment or an executive order can be challenged in a high court on the following three grounds: (a) it infringes the fundamental rights (Part III), (b) it is outside the competence of the authority which has framed it, and (c) it is repugnant to the constitutional provisions.

Answer 387

Entry 32 of the state list

Answer 388

97th CAA, 2011 gave a consti status 1. Art 19: right to form Coop, a FR 2. Art 43-B: DPSP on promotion of coop 3. Part IX-B

Answer 389

1. SL may make provisions for 1. incorp 2. regulation and 3. winding up 2. based on principles of 1. voluntary formation 2. democratic member-control 3. member-economic participation, and 4. autonomous functioning

Answer 390

1. such number of directors as may be provided by SL (**But not more than 21)** 2. SL shall providefor reservation of 1 seatfor SC or ST and 2 seats for women on board of every coop-soc, having members frm such categories 3. term of elected members of board and its office bearers: 5yrs frm date of elction 4. SL shall make provisions for co-option of persons hving experience in field of banking, mgmt, fin or any other related field, as members of board. Bt max such members to be 2 (in addition to21 directors). these members won't have voting rights in any election of coop-soc or be elected as office bearers of the board. 5. Functional Directors shall also be members of the board (beyond 21).

Answer 391

1. before expiry of term 2. body responsible for all election aspects, shall be as provided by SL

Answer 392

1. Board shall be suspended or superseded in case of 1. persistent default 2. negligent in performing its duties 3. committing any act prejudicial to the interests of its members 4. stalemate in the constitution or functions of the board 5. election body having failed to conduct elections in accordance with the provisions of the State Act 2. **cannot** be superseded or suspended for **more than 6 months;** admin appointed to manage the affairs shall arrange for elections within that pd. 3. cannot be superseded or suspended where there is no Govt shareholding or loan or fin assistance or any guarantee by Govt

Answer 393

1. SL may make provisions for maintenance aswell as auditing of accts at least once each FY, within 6 months of close of FY 2. SL shall lay down min qualifications and experience of auditors/audit firms 3. auditor or auditing firm shall be appointed from a panel approved by SG 4. audit reports shall be laid out before SL

Answer 394

SL may provide for it within a period of six months of the close of the FY

Answer 395

Sl may provide for 1. access to every member of a co-operative society to the books, information and accounts 2. ensure the participation of members in the management 3. may provide for co-operative education and training fr members

Answer 396

1. Every co-operative society shall file returns, within six months of close of FY, to SG. It shall include 1. annual report of its activities 2. audited statement 3. plans for surplus disposal as approved by general body 4. list of amendments to by-laws of coop-soc 5. decDeclaration regarding date of holding of its general body meeting and conduct of elections when due 6. Any other information required by the Registrar

Answer 397

1. SL -\> parliament 2. SG: CG

Answer 398

shall apply to UTs ## Footnote **But, the President may direct that the provisions of this part shall not apply to any Union territory or part thereof as he may specify in the notification.**

Answer 399

Any provision of any law relating to coop-soc in force in a state immediately before the commencement of 97th CAA, which is inconsistent with the provisions of this part, shall continue to be in force **until amended or repealed or until the expiration of one year** from such commencement, whichever is less

Answer 400

1. XVII; Art 343-351 2. Language of Union, Regional languages, Languageof Judiciary and text of laws and special directives

Answer 401

1. Hindi written in devanagari script 2. bt numerals: international form 3. fr 15 yrs, English Language can continue; after 15 yrs, parliament may provide fr continuing it. 4. At the end of 5yrs and 10yrs, Prez shud appoint a commission to make recommendations wrt progressive use of Hindi language, restrictions on english use and other issues. As a result, in 1955, B G Kher commission. To study its report, parliamentary committee under G.B. Pant. No committee after 10 yrs, though 5. Official Languages Act, 1963 provides for the continued use of English (even after 1965) indefinitely, in addition to Hindi, for all official purposes of the Union and also for the transaction of business in Parliament

Answer 402

* Official Language Act in 1963 was amended in 1967 to make the use of English, in addition to Hindi, compulsory in certain cases 1. resolutions, general orders, rules, notifications, administrative or other reports or press communications issued by CG 2. administrative and other reports and official papers laid before Parliament 3. contracts and agreements executed, licences, permits, notices, etc, issued by the CG or by a corporation or a company owned by the CG

Answer 403

1. Consti doesn't specify the official language of different states 2. SL may adopt one or more lang in use in state (not necessarily scheduled ) or Hindi. until then, english to continue 3. for C-S or S-S link, official language of Union (i.e. English); bt 2 or more states are free to agree to use Hindi too. eg. Raj, UP, MP and BIhar 4. For C-S with a state with non-hidi official Lang, English shud be used 5. When the **President (on a demand being made) is satisfied** that a substantial proportion of the population of a state desire the use of any language spoken by them to be recognised by that state, then he may **direct that such language shall also be officially recognised in that state**. This provision **aims at protecting the linguistic interests of minorities**

Answer 404

1. Until Parliament provides otherwise, the following are to be in the English language only: (a) All proceedings in the Supreme Court and in every high court. (b) The authoritative texts of all bills, acts, ordinances, orders, rules, regulations and bye-laws at the Central and state levels 2. However, the **governor of a state, with the previous consent of the president**, can authorise the use of**Hindi or any other official language**of the state, in the proceedings in the**high court**of the state, but**not with respect to the judgements, decrees and orders** passed by it (until Parliament otherwise provides) 3. SL can prescribe the use of any language (other than English) with respect to bills, acts, ordinances, orders, rules, regulations or bye-laws, but a translation of the same in the English language is to be published. 4. Provisions in OLA, 1963: 1. Hindi translation of acts, ordinances, orders, regulations and bye-laws published under the authority of the president are deemed to be authoritative texts 2. every bill introduced in the Parliament is to be accompanied by a Hindi translation 3. there is to be a Hindi translation of state acts or ordinances in certain cases. 4. Guv, with the previous consent of the prez, to authorise the use of Hindi or any other official language of the state for judgements, decrees and orders passed by the HC of the state but they should be accompanied by an English translation eg. in UP, Bihar, MP

Answer 405

1. Every aggrieved person's complaint can be in any of the languages used in the Union or in the state i.e. a representation cannot be rejected on the ground that it is not in the official language. 2. Every state and a local authority in the state should provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups. President can issue necessary directions fr it. 3. president should appoint a special officer for linguistic minorities

Answer 406

1. Constitution imposes a duty upon the Centre to promote the spread and development of the Hindi language so that it may become the **lingua franca** of the composite culture of India 2. Centre is directed to **secure the enrichment of Hindi** by assimilating the forms, style and expressions used in hindustani and in other languages specified in the Eighth Schedule and by **drawing its vocabulary, primarily on sanskrit and secondarily on other language**s

Answer 407

1. present22: 1. originally 14: Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Odia, Punjabi, Sanskrit, Tamil, Telugu and Urdu 2. 21st CAA, 1967: added Sindhi 3. 71st CAA, 1992; added Konkani, Manipuri and Nepali 4. 92nd CAA, 2003: added Bodo, Dongri, Maithili and Santhali 2. significance: 1. members of these languages are to be given representation in Official Language Commission 2. forms, style and expression of these languages are to be used for the enrichment of the Hindi language

Answer 408

1. Official Languages Act, 1963 provided fr setting up a committee of Parliament on Official Language after ten years of the promulgation of the Act. thus it was formed in 1976. 2. 20LS + 10RS; elected in respective houses by PR via STV 3. elected by members; as a convention, HM 4. to **review the progress made in the use of Hindi for the official purposes of the Union** and submit a report to the President making recommendations thereon and the President shall cause the report to be laid before each House of Parliament and sent it to all the SGs

Answer 409

1. In 2004, GoI decided to create a new category of languages called 'classical languages' 2. SO far, 6: Tamil, Sanskrit, Telugu, Kannada, malyalam and Odia 3. once declared classical, 1. it gets financial assistance for setting up a centre of excellence for the study of that language 2. opens up an avenue for two major awards for scholars of eminence. 3. UGC can be requested to create – to begin with at least in Central Universities – a certain number of professional chairs for classical languages for scholars of eminence in the language 4. criteria: 1. high antiquity of its early texts/recorded history over a period of 1,500–2,000 years, 2. a body of ancient literature/texts which is considered a valuable heritage by generations of speakers and 3. a literary tradition that is original and not borrowed from another speech community 4. there can also be a discontinuity between the classical language and its later forms or its offshoots

Answer 410

1. T 2. 6 NP and 47 SPs and ~1600 regtd-unrecognised parties

Answer 411

1. allocation of party symbols 2. provision of time fr political broadcasts on state ownd TV and radio sations 3. access to electoral rolls 4. need only one proposer fr filing nomination 5. allowed to hv 40 'star campaigners', while regtd-unrecognised parties are allowed to hv 20 'star campaigners' 6. Travel expense of candidates aren't included in election expenditure of candidates of their parties

Answer 412

If any of the following condition is fulfilled 1. secures 6% of valid votes polled inany 4 or more states at a General Election to LS or to LA; AND, wins 4 seats in LS frm any state or states; OR 2. wins 2% of seats in LS at a Genral election frm 3 distinct states; OR 3. recognised as SP in 4 states

Answer 413

if any of the following conditions is fulfilled, 1. secures 6% of valid votes polled in the state at a general election to LA of that state AND it wins 2 seats in that assembly; OR 2. secures 6% of valid votes polled in the state at a general election to the LS from the state concerned AND win 1 seat in LS frm that state; OR 3. win 3% seats in LA at a general election to LA of the state OR 3 seats in the LA, whichever is More; OR 4. win 1 seat in LS fr every 25 seats or any fraction thereof allotted to the state at a general election to LS frm that state; OR 5. secure 8% of total valid votes polled in the state at a General Election to the LS frm the state OR to the LA of the state (this condition added in 2011).

Answer 414

F eg. in 1952, 14 NPs and 39 SPs; in 1957, 4 NPs and 11 SPs

Answer 415

8 NPs: 1. BJP- 1980 2. INC- 1885 3. BSP- 1984 4. NCP- 1999 5. CPI-M- 1964 6. CPI- 1925 7. All India Trinamool Congress- 1998 8. National People's Party- 2013; only NP frm NE India

Answer 416

Art 324 to Art 329, under Part XV 1. Art 324: EC with power of supertendence, direction and conduct of elections tp Parliament, SLs , Prez and VP's office. 2. only one general electoral roll for every territorial constituency; abolished communal rep and separate electorates 3. No person is to be ineligible for inclusion in the electoral roll or to be included in any special electoral roll on grounds only of religion, race, caste, sex or any of them; i.e. equal franchise. 4. elections to the LS and SLAs are to be on the basis of adult franchise (18+); provided he is not disqualified under the provisions of the Constitution or any law made by the appropriate legislature (Parlia or SLA) on the ground of **non-residence, unsound mind, crime or corrupt or illegal practice** 5. Parliament may make provision with respect to all matters relating to elections to parlia and SLs incl electoral rolls. delimitation of constituencies and any other matter 6. SL can also make provision with respect to all matters ( Bt only those matters which are not covered by the Parlia) relating to elections to the SLs, incl electoral rolls etc.; i.e. they can supplement the parlia law 7. validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court i.e. **orders issued by the Delimitation Commission become final and cannot be challenged in any court** 8. no election to the Parlia or the SL is to be questioned except by an election petition presented to such authority and in such manner as provided by the appropriate legislature. Since 1966, election petitions are triable by HC alone, appellate juris lies with SCalone

Answer 417

1. empowers the appropriate legislature (Parlia or SL) to establish a tribunal for the adjudication of election disputes. 2. It also provides for the exclusion of the jurisdiction of all courts (**except the****special leave appeal jurisdiction of** SC) in such disputes. 3. **So far, no such tribunal** has been established. 4. In **Chandra Kumar case (1997)**, the Supreme Court declared the 2nd provision as unconstitutional. 5. Consequently, if at any time an election tribunal is established, an **appeal from its decision lies to the high court.**

Answer 418

1. by ECI, in consultation with SG/UTG; an officer under GoI/UTG 2. by ECI, in consultation with SG/UTG; an officer under SG/UTG 3. by ECI, in consultation with SG/UTG; an officer of govt or local authority 4. by ECI, in consultation with SG/UTG; an officer of govt or local authority 5. by DEO; in UTs, by ROs 6. by ECI

Answer 419

1. Any elector or candidate can file an election petition if he or she thinks there has been malpractice during the election 2. not an ordinary civil suit, but treated as a contest in which the whole constituency is involved 3. tried by the High Court of the state involved, and if upheld can even lead to the restaging of the election in that constituency

Answer 420

1. F; always in person 2. F; in any case not later than the day previous to the date of the scrutiny 3. 1 week 4. 2 days frm date of scrutiny 5. as soon as ECI announces schedule of elections

Answer 421

1. Nehru- 1947 to 1964 2. L B shastri- June, 1964 to Jan 1966 3. Indira Gandhi-Jan 1966- March 1977 4. Morarji Desai- March 1977 to July 1979 5. Charan Singh - July 1979 to Jan 1980 6. Indira Gandhi- Jan 1980 to Oct 1984 7. Rajiv Gandhi: Oct 1984 to Dec 1989 8. VP Singh- Dec 1989 to Nov 1990 9. Chandra Shekhar- Nov 1999 to June 1991 10. PV Narsimha Rao- June 1991 to May 1996 11. A B Vajpayee- May 1996 to June 1996 12. H.D. Deve Gowda- June 1996 to April 1997 13. I K Gujral- April 1997 to march 1998 14. A B Vajpayee- 1998 to 2004

Answer 422

1. F; decreased betn 1st and 2nd as well as 5th and 6th general elections 2. F; decreased marginally betn 4th and 5th General elections to LS 3. T; fluctuated

Answer 423

1. 22 in 1st (1952) 2. lowest in 6th (1977)- 19 3. highest in 17th (2019) - 78

Answer 424

1. Ladakh 2. Barmer 3. Kutchh 4. Arunachal West 5. Arunachal E

Answer 425

adopted at the 22nd National Conference on e-Governance (NCeG) talked about India Enterprise Architecture (IndEA). IndEA, is a framework for developing a holistic architecture treating the Government as a single enterprise which are functionally inter-related. With IndEA, there will be one personalised account for each individual and he or she can avail all government services from that account. This shall eliminate the need to visit separate sites and have separate logins on them to access government services.

Answer 426

1. NeG Division: It is an Independent Business Division established by MeiTY to undertake Programme Management of NeGP. It is an initiative of the Government to make all government services available to the citizens of India via electronic media. 2. PRAGATI: 3. Govt instant Messaging system (GIMS): Indian equivalent of popular messaging platforms, such as WhatsApp which will be used by Central and State government departments and organisations for intra and inter organisation communications. Designed and developed by NIC 4. BHuvan Panchayat V 3.0: developed by national remote sensing centre of ISRO. It is a user-friendly web Geo portal under ISRO’s SISDP project (Space Based Information Support for Decentralised Planning) for better planning and monitoring of government projects. For the first time, thematic database on high scale for the entire country is available with high integrated High Resolution satellite data for planning. 5. Consumer App: recently launched, that would help consumers register their grievances online as well as give suggestions on consumer-related issues. Info pertaining to 42 Sectors including Consumer Durables, Electronic Products, e-commerce, Banking, Insurance, etc. 6. Digilocker: initiative of MeiTY. 1GB storage; on death, **not available** to kin, but instead pass on to the govt. 7. National E-service delivery assessment:First ever NeSDA released by DARPG. t primarily assesses all State/UT and Central Ministry service portals on 7 key parameters: Accessibility, Content Availability, Ease of Use, Information Security & Privacy, End service Delivery, request tracking. covers six sectors: Finance, Labour and employment, Education, local govt and utilities, Social welfare incl agri and health and env 8. Portal Santusht: to promote transparency, accountability, effective delivery of public services and implementation of policies, schemes of Ministry of Labour and Employment at grassroot level through constant monitoring. 9. ASKDISHA Chatbot: AI based chatbot, launched in 2018 by Indian Railways, to resolve queries; English as well as Hindi 10. Jan Soochna portal: launched by RJ SG. developed by Deptt of IT&C.It is the first of its kind system in the country and has info abt 23 govt schemes and services frm 13 deptts ona single platform

Answer 427

aims to empower the citizens by policy interventions for better service delivery through timely updation of citizens charters, implementation of enactments and benchmarking standards for continuous improvement. adopted by DARPG

Answer 428

1. ‘First Judges Case’ (1981) ruled that the **“consultation” with the CJI in the matter of appointments must be full and effective**. the CJI’s opinion should have primacy. **However, recommendation made by the CJI to the President can be refused for “cogent reasons”**, thereby giving greater say to executive. 2. Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”. It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the **two senior-most judges** in the Supreme Court. However, **on objection raised by executive on appointment, Collegium may or may not change their recommendation, which is binding on executive.** 3. Third Judges Case (1998): SC on President’s reference expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues. CJI should consult **with four senior-most Supreme Court judges and the chief justice of two high courts (one from which the judge is being transferred and the other receiving him)** to form his opinion on judicial appointments and transfers.

Answer 429

1. the proposal is initiated by the CJI. 2. The CJI consults the rest of the Collegium members (4 seniormost judges of SC), as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs. 3. The consultees must record their opinions in writing and it should form part of the file. 4. The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President. As far as the CJI himself is concerned, the outgoing CJI recommends his successor. In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.

Answer 430

T recently declared by SC

Answer 431

1. CGA works under **Department of Expenditure, Ministry of Finance.** 2. • It functions as **Principal Advisor on Accounting matters to the Union Government** 3. • It is **not a constitutional bod**y, but it **derives its mandate** and exercises the powers of the President from **Article 150 of the constitution**. 4. • Article 150 states that, the accounts of the Union and of the States shall be kept in such form as prescribed by the President on the advice of the Comptroller and Auditor-General. 5. • **Allocation of Business Rules 1961** brings out the duties and responsibilities of CGA, which include the following: * administers the **process of payments, receipts and accounting in Central Ministries.** * **Prepares, consolidates and submits the monthly and annual accounts** of the Central Government. * responsible for **maintaining the requisite technical standards of Accounting** * responsible for **coordination and monitoring the progress of submission of corrective action taken on the recommendations contained in Public Accounts Committee ‘s (PAC) and the CAG reports.** * CGA does the **Cadre management** of Group A (Indian Civil Accounts Service) and Group B Officers of the Central Civil Accounts Offices.

Answer 432

Art 5-11 under Part II It only identifies the persons who became citizens of India at its commencement (Art-5,6,7,8) It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement. It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship. (Art 9,10,11)

Answer 433

Art 5 A person who had his domicile in India and also fulfilled any one of the three conditions: * if he was born in India; or * if either of his parents was born in India; or * if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution

Answer 434

Art 6 A person who migrated to India from Pakistan became an Indian citizen if 1. he or either of his parents or any of his grandparents was born in undivided India and 2. also fulfilled any one of the two conditions: * in case he migrated to India before July 19, 1948, he had been ordinarily resident in India since the date of his migration * in case he migrated to India on or after July 19, 1948, he had been registered as a citizen of India. But, a person could be so registered only if he had been resident in India for six months preceding the date of his application for registration

Answer 435

Art-7 ## Footnote A person who migrated to Pakistan from India after March 1, 1947, but later returned to India for resettlement could become an Indian citizen.For this, he had to be resident in India for six months preceding the date of his application for registration

Answer 436

Art-8 ## Footnote this provision covers the overseas Indians who may want to acquire Indian citizenship A person who, or any of whose parents or grandparents, was born in undivided India but who is ordinarily residing outside India shall become an Indian citizen if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country of his residence, whether before or after the commencement of the Constitution

Answer 437

No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily acquired the citizenship of any foreign state

Answer 438

Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament

Answer 439

Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship

Answer 440

1. A person born in India on or after **26th January 1950** but before **1st July 1987** is a citizen of India by birth irrespective of the nationality of his parents. 2. A person born in India on or after **1st July 1987** is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth. 3. A person born in India on or after **3rd December 2004** are considered citizens of India only if both of their parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth. 4. The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.

Answer 441

1. A person born outside India on or after **26th January 1950** but before **10th December 1992** is a citizen of India by descent, if his father was a citizen of India at the time of his birth. 2. A person born outside India on or after **10th December 1992** is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth. Note that in the above two conditions, if the father in (1) and the either parent who is a citizen in (2), are citizens **by descent only**, then the original person wanting to be a citizen has two fulfill another criteria: either his birth is regtd at an Indian consulate within a yr of his birth OR the respective father /either parent in (2) shall be employed with GoI 3. From **3rd December 2004** onwards, a person born outside India shall not be a citizen of India by descent, unless his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period. An application, for registration of the birth of a minor child, to an Indian consulate shall be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country * Further, a minor who is a citizen of India by virtue of descent and is also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of his attaining full age.

Answer 442

CG may, on an application, register as a citizen of India any person (not being an illegal migrant) if he belongs to any of the following categories, namely: **Person himself based conditions** 1. a person of Indian origin who is **ordinarily resident** in India **for seven years (6 (out of 8) + 1)** before making an application for registration; 2. a person of Indian origin who is **ordinarily resident** in any country or place outside undivided India; 3. a person of full age and capacity who has been registered as an overseas citizen of India cardholder for five years, and who is ordinarily resident in India for twelve months before making an application for registration. **Spouse based condition** 1. a person who is married to a citizen of India and is ordinarily resident in India for **seven years** before making an application for registration; **Parentage based condition** 1. minor children of persons who are citizens of India; 2. a person of full age and capacity whose parents are registered as citizens of India; 3. a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before making an application for registration; For **points 1 to 3**, an applicant shall be **deemed to be ordinarily resident** in India if— (i) he has **resided in India throughout the period of twelve months immediately before making an application for registration**; and (ii) he has resided in India **during the eight years immediately preceding the said period of twelve months** for a period of **not less than six years (It is this 6 years that is further reduced to 5 yrs for some category of foreigners by CAA 2019)**. * A person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th August, 1947. * All the above categories of persons must take an oath of allegiance before they are registered as citizens of India

Answer 443

Central Government may, on an application, grant a certificate of naturalisation to any person (not being an illegal migrant) if he possesses the following qualifications: 1. that he is not a subject or citizen of any country where citizens of India are prevented from becoming subjects or citizens of that country by naturalisation; 2. that, if he is a citizen of any country, he undertakes to renounce the citizenship of that country in the event of his application for Indian citizenship being accepted; 3. that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application; 4. that during the fourteen years immediately preceding the said period of twelve months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than **eleven years**; 5. that he is of good character; 6. that he has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution, and 7. that in the event of a certificate of naturalisation being granted to him, he intends to reside in India, or to enter into or continue in, service under a Government in India or under an international organisation of which India is a member or under a society, company or body of persons established in India. * However, GoI may waive all or any of the above conditions for naturalisation in the case of a person who has rendered distinguished service to the science, philosophy, art, literature, world peace or human progress. * Every naturalised citizen must take an oath of allegiance to the Constitution of India

Answer 444

If any foreign territory becomes a part of India, the Government of India specifies the persons who among the people of the territory shall be the citizens of India. Such persons become the citizens of India from the notified date. For example, when Pondicherry became a part of India, the Government of India issued the Citizenship (Pondicherry) Order, 1962, under the Citizenship Act, 1955

Answer 445

Citizenship (Amendment) Act, 1985, added the following special provisions as to citizenship of persons covered by the Assam Accord (which related to the foreigners’ issue): (a) All persons of Indian origin who came to Assam before the 1st January, 1966 from Bangladesh and who have been ordinarily residents in Assam since the date of their entry into Assam shall be deemed to be citizens of India as from the 1st January, 1966. (b) Every person of Indian origin who came to Assam on or after the 1st January, 1966 but before the 25th March, 1971 from Bangladesh and who has been ordinarily resident in Assam since the date of his entry into Assam and who has been detected to be a foreigner shall register himself. Such a registered person shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date of detection as a foreigner. But, in the intervening period of ten years, he shall have the same rights and obligations as a citizen of India, except the right to vote. (c) Those who came after March 25, 1971 should be detected and deported under the Illegal Migration Determination (by Tribunals) (IMDT) Act, 1983.

Answer 446

Citizenship Act, 1955, prescribes three ways of losing citizenship, whether acquired under the Act or prior to it under the Constitution 1. by renunciation: However, if such a declaration is made during a war in which India is engaged, its registration shall be withheld by the Central Government. * Further, when a person renounces his Indian citizenship, every minor child of that person also loses Indian citizenship. However, when such a child attains the age of eighteen, he may resume Indian citizenship 2. by termination: When an Indian citizen voluntarily (consciously, knowingly and without duress, undue influence or compulsion) acquires the citizenship of another country. This however doesn't apply during a war in which India is engaged 3. By deprivation: by CG, if: * citizen has obtained the citizenship by fraud * citizen has shown disloyalty to the Constitution of India * citizen has unlawfully traded or communicated with the enemy during a war * citizen has, within five years after registration or naturalisation, been imprisoned in any country for two years * citizen has been ordinarily resident out of India for seven years continuously * CAA 2019 provides that the CG may cancel registration of OCIs, if the OCI has violated Citizenship Act or any other law so notified by the CG. Also, the cardholder has to be given an opportunity to be heard.

Answer 447

F CAA 2003 provided that

Answer 448

Section 2(1)(b) of Citizenship Act, 1955 defines illegal migrant as a foreigner who: * enters the country without valid travel documents, like a passport and visa or * enters with valid documents, but stays beyond the permitted time period.

Answer 449

The commission has three ex-officio members: o a serving or retired judge of the Supreme Court as the chairperson, o the Chief Election Commissioner or Election Commissioner nominated by the CEC and o State Election Commissioner of the concerned state.

Answer 450

Central government has constituted the Delimitation Commission for the purpose of delimitation of Assembly and Parliamentary constituencies in the **Union territory of Jammu and Kashmir and the States of Assam, Arunachal Pradesh, Manipur and Nagaland.** Delimitation will be done in Jammu and Kashmir based on the Census of 2011 in accordance with the **provisions of the Jammu and Kashmir Reorganisation Act**. In Assam, Arunachal Pradesh, Manipur and Nagaland delimitation will be done in accordance with the provisions of the Delimitation Act, 2002. o Delimitation exercise for the purpose of elections to the Lok Sabha and to the State Legislative Assemblies on the basis of 2001 census figures was completed by November, 2008. o However, this **exercise was postponed in Arunachal Pradesh, Assam, Manipur and Nagaland on apprehension of threat to the peace and public order.**

Answer 451

1. Context: Vice President of India has suggested setting up of four Regional Benches of the Supreme Court. 2. **Article 130** states that the Supreme Court may sit at place(s) other than Delhi on the **order of the Chief Justice of India with the prior approval of the President** of India. 3. Also, **no constitutional amendment would be required** in order to set up such benches. 4. **Law commission had recommended** the division of the Supreme Court into 1) **Constitutional court and 2) National court of appeal.** 5. The **Supreme Court itself, as early as in 1986**, **had recommended** establishment of **National Court of Appeal with regional Benches at Chennai, Mumbai and Kolkata.** 6. In **V. Vasantha Kumar case, 2016** the Supreme Court referred the matter to a Constitutional Bench for decision on the National Court of Appeal.

Answer 452

1. riginated in India in 1862 when the high courts were set up at Calcutta, Bombay and Madras 2. In 1866, a fourth high court was established at Allahabad.

Answer 453

T but the Seventh Amendment Act of 1956 authorised the Parliament to establish a common high court for two or more states or for two or more states and a union territory.

Answer 454

1. Constitution does not specify the strength; it to the discretion of the president. 2. appointment by Prez 1. CJ of HC: after consultation with CJI (now Collegium consisting of **two seniormost judges** ) and the **state's Guv** 2. Puisine judge of HC: after consultation with CJ of HC, CJI (now Collegium consisting of **two seniormost judges** ) and the state's Guv 3. two qualifications: 1. must be a citizen of INdia; AND 2. held a judicial office in the territory of India fr 10 yrs; OR 3. should have been an advocate of a high court (or high courts in succession) for ten years * **unlike in the case of the SC the Consitution makes no provision for appointment of a distinguished jurist as a judge of a high court.** 4. No min age requirement 5. Constitution has not fixed the tenure; just retiring age at 62 yrs 6. by Prez after consultation with CJI and the decision of Prez is final 7. determined by Parliament ad cannot be varied to their disadvantage after their appointment except during a financial emergency

Answer 455

**same as SC judge** **regulated by Judges enquiry act,1968** by Prez only after an address by Parliament in the same session, supported by a special majority of each house. Two grounds of removal: * proved misbehaviour, or * incapacity

Answer 456

* High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges. (collegium for SC judge appointment is 4 membered) * The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues. * The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister. CJ of HCs The Chief Justice of High Courts is appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.

Answer 457

1. Collegium also recommends the transfer of Chief Justices and other judges. 2. Article 222 of the Constitution provides for the transfer of a judge from one High Court to another. 3. When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. 4. There can be an acting CJ in a High Court for not more than a month. 5. In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required. 6. However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so. 7. All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”. 8. Transfer of a judge **cannot be a punitive measure.** 9. **only the judge who is transferred can challenge it.**

Answer 458

* **Article 129 and 215** [‘courts of record’] of the **Constitution** of India **empowers the Supreme Court and High Court respectively to punish people for their respective contempt**. These are **exceptions to Art 19 (1) (a)** * The **expression ‘contempt of court’ has not been defined** by the Constitution. However, the expression has been defined by the **Contempt of Court Act of 1971**. * Under this, contempt of court may be **civil or criminal**. * **Civil** contempt means **wilful disobedience** to any judgement, order, writ or other process of a court or wilful breach of an undertaking given to a court. * **Criminal** contempt means the **publication** of any matter **or doing** an act which * **scandalises** or lowers the authority of a court; or * **prejudices** or * **interferes** with the due course of a judicial proceeding; or * interferes or **obstructs** the administration of justice in any other manner. * However, **following do not amount** to contempt of court * innocent publication and distribution of some matter, * fair and accurate report of judicial proceedings, * fair and reasonable criticism of judicial acts and * comment on the administrative side of the judiciary * **In 1991, the SC has ruled that it has power to punish for contempt not only of itself but also of HCs**, **subordinate courts and Tribunals** in the entire country. Also, the **contempt of Court act, 1971 allows HC to punish for contempt of subordinate courts.** * limitation period for contempt: 1 yr * **SC and HCs derive their contempt powers from the Constitution. The Contempt of Court Act, 1971, Act only outlines the procedure** in relation to investigation and punishment for contempt. Therefore, deletion of the offence from the Act will not impact the inherent constitutional powers of the superior courts to punish anyone for its contempt. These powers will continue to remain, independent of the 1971 Act.

Answer 459

SC: * **CJI can appoint** a judge of HC as an **ad hoc** judge of SC for a **temporary period**. * **When**? lack of quorum of permanent judges * eligibility: shud be qualified for a SC judge AND CJI can appoint only after consultation with CJ of HC concerned and previous consent of Prez HC: * **President can appoint** duly qualified persons as additional judges of HC for a **temporary period not more than 2 yrs** * **When?** there is a temporary increase in the business of HC OR there are arrears of work OR a judge of that HC (other than CJ) is unable to perform his duties OR is appointed as acting CJ of that HC * eligibility: same as a HC judge Retired judges: both have provisions but differences are highlighted below: 1. in SC, CJI can request a retired judge of **SC or HC;** in HC, CJ can request a retired judge of **that HC or any other HC** (**not even a qualified retired district judge**). 2. Both cases require previous consent of Prez and that person 3. allowances of that person is decided by Prez and not same as SC/HC judge automatically 4. Despite enjoying all the powers, privileges and jurisdictions of a judge of SC/HC, he will not otherwise be deemed to be a judge of the SC/HC.

Answer 460

F CF of State

Answer 461

T although salaries are charged on CF of respective states

Answer 462

T except in those respects that are mentioned in the constitution

Answer 463

T It only lays down that the jurisdiction and powers of a high court are to be the same as immediately before the commencement of the Constitution

Answer 464

Constitution gives a high court jurisdiction over revenue matters (which it did not enjoy in the pre-constitution era). Constitution also confers (by other provisions) some more additional powers on a high court like writ jurisdiction, power of superintendence, consultative power, etc

Answer 465

1. Matters of admirality, will, marriage, divorce, company laws and contempt of court 2. Disputes relating to the election of members of Parliament and state legislatures. 3. FRs of citizens 4. Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file. 5. The four high courts (i.e., Calcutta, Bombay, Madras and Delhi High Courts) have original civil jurisdiction in cases of higher value. Before 1973, the Calcutta, Bombay and Madras High Courts also had original criminal jurisdiction. This was fully abolished by the Criminal Procedure Code, 1973.

Answer 466

T pronounced by SC in Chandra Kumar case, 1997

Answer 467

Civil matters: 1. **First appeals** from the orders and judgements of the district courts, additional district courts and other subordinate courts lie directly to the high court, **on both questions of law and fact**, **if the amount exceeds the stipulated limit.** 2. **Second appeals** from the orders and **judgements of the district court or other subordinate courts** lie to the high court in the **cases involving questions of law only (and not questions of fact).** 3. **Calcutta, Bombay and Madras High Courts have provision for intracourt appeals**. When a single judge of the high court has decided a case (either under the original or appellate jurisdiction of the high court), an appeal from such a decision lies to the division bench of the same high court. 4. Appeals from the decisions of the administrative and other tribunals lie to the division bench of the state high court. In 1997, the Supreme Court ruled that the tribunals are subject to the writ jurisdiction of the high courts Criminal matters: 1. Appeals from the judgements of sessions court and additional sessions court lie to the high court if the sentence is one of imprisonment for more than seven years. 2. death sentence (popularly known as capital punishment) awarded by a sessions court or an additional sessions court should be confirmed by the HC before it can be executed, whether there is an appeal by the convicted person or not.

Answer 468

T In 1997, the Supreme Court ruled that the tribunals are subject to the writ jurisdiction of the high courts. Consequently, it is not possible for an aggrieved person to approach the Supreme Court directly against the decisions of the tribunals, without first going to the high courts.

Answer 469

1. consulted by the governor in the matters of appointment, posting and promotion of district judges and in the appointments of persons to the judicial service of the state (other than district judges). 2. It deals with the matters of posting, promotion, grant of leave, transfers and discipline of the members of the judicial service of the state (other than district judges).

Answer 470

A ## Footnote (1) Appointments of persons to be, and the posting and promotion of district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State. (2) A person not already in the service of the Union or of the State shall only be eligible to be appointed as district judge if he has been for not less than seven years an advocate or a pleader and is recommended by the High Court for appointment.

Answer 471

F high court also has the power to review and correct its own judgement or order or decision, even though no specific power of review is conferred on it by the Constitution which only mentions it specifically in case of SC.

Answer 472

T Though it is subject to confirmation by HC

Answer 473

1. moral force from Art 39A (free legal aid), Art 14 and Art 22(1) 2. In the year 1987, the Legal Services Authorities Act was enacted by the Parliament; came into force in 1995. NALSA constituted under it to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act. 3. In every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee have been constituted. District Legal Services Authorities, Taluk Legal Services Committees. Supreme Court Legal Services Committee has been constituted to administer and implement the legal services programme insofar as it relates to the SC 4. functions: 1. provide free and competent legal services to eligible persons eg. payment of court fees and other charges, providing service of lawyers etc. 2. to organize Lok adalats for amicable settlement 3. organize awareness camps 5. persons eligible: 1. women and children 2. SC/ST 3. industrial workmen 4. victims of mass disaster, violence, industrial disasters 5. disabled persons 6. persons in custody 7. persons with annual income less than 1 L 8. victims of trafficking or begar

Answer 474

1. for cases (or disputes) which are pending in a court or which are at pre-litigation 2. was prevalent in ancient India 3. based on Gandhian principles 4. one of components of ADR 5. no court fee 6. basic features: procedural flexibility and speedy trial; no strict application of procedural laws and evidence act

Answer 475

* The first Lok Adalat camp in the post-independence era was organized in Gujarat in 1982; proved very successful * given **statutory status under the Legal Services Authorities Act, 1987**. following provisions: 1. **SLSC or DLSC or SC-LSC or HC-LSC or Taluk LSC** may organize Lok adalats 2. shall consist of such number of serving or retired judicial officers and other persons of the area as may be specified by the agency organizing such Lok Adalat. **Generally, a Lok Adalat consists of a judicial officer as the chairman and a lawyer (advocate) and a social worker as members.** 3. shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of : * any case pending before any court; or * any matter which is falling within the jurisdiction of any court and is not brought before such court. 4. **offences which are non-compoundable under any law fall outside the purview of the Lok Adalat** 5. Any **case pending before the court can be referred to the Lok Adalat for settlement with the consent of both the parties or even one of the parties if court wishes so** 6. Lok Adalat shall have the **same powers as are vested in a Civil Court under the Code of Civil Procedure (1908)** in summoning witnesses, discovery of documents etc. 7. An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an order of any other court. **Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute. No appeal shall lie to any court against the award of the Lok Adalat.**

Answer 476

1. The Legal Services Authorities Act, 1987 was amended in 2002 to provide for the establishment of the Permanent Lok Adalats to deal with cases pertaining to the public utility services. 2. drawback in Lok adalats: If the parties do not arrive at any compromise or settlement, the case is either returned to the court of law or the parties are advised to seek remedy in a court of law. This causes unnecessary delay. 3. If Lok Adalats are given power to decide the cases on merits in case parties fails to arrive at any compromise or settlement, this problem can be tackled to a great extent.

Answer 477

1. consist of a Chairman who is or has been a district judge or additional district judge or has held judicial office higher in rank than that of the district judge and two other persons having adequate experience in public utility services. 2. shall exercise jurisdiction in respect of one or more public utility services 3. pecuniary jurisdiction of the Permanent Lok Adalat shall be up to rupees ten lakhs. However, the Central Government may increase it. 4. NO jurisdiction in respect of any matter relating to an offence not compoundable under any law. 5. After an application is made to the Permanent Lok Adalat, no party to that application shall invoke jurisdiction of any court in the same dispute. 6. In case parties to the dispute fail to reach an agreement, the Permanent Lok Adalat shall decide the dispute on merits. 7. Every award made by the Permanent Lok Adalat shall be final and binding on all the parties thereto

Answer 478

1. Family Courts Act 1984 2. Code of Civil Procedure was amended in 1976 to provide for a special procedure to be adopted in suits or proceedings relating to matters concerning the family 3. established by SG in consultation with HC 4. makes it obligatory on the SGs to set up a Family Court in every city or town with a population exceeding one million. in other areas too, if they wish so. 5. prohibits jurisdiction wrt 1. matrimonial relief, incl nullity of marriage, judicial separation, divorce, restitution of conjugal rights and validity of the matrimonial status of a person 2. property of the spouses 3. declaration of the legitimacy of a person 4. guardianship or custody of a minor 5. maintenance of a wife, children and parents 6. makes it obligatory on the part of the Family Court to endeavour, in the first instance to effect a reconciliation or a settlement between. During this stage, the proceedings will be informal and rigid rules of procedure shall not apply 7. provides that the parties to a dispute before a Family Court shall not be entitled, as of right, to be represented by legal practitioner. However, the Court may, in the interest of justice, seek assistance of a legal expert 8. provides for only one right of appeal which shall lie to the High Court.

Answer 479

Gram Nyayalayas Act, 2008 to provide access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen due to social, economic or other disabilities.

Answer 480

1. GN's presiding officer, **Nyayadhikari,** shall be appointed **by SG in consultation with HC. Nyayadhikaris are strictly judicial officers, same as First class magistrates under HCs** 2. GN shall be established **fr every Panchayat at intermediate level** 3. GN shall be **mobile court** 4. powers of **both Civil and criminal** court 5. **seat** of GN will be located at **hqrs of intermediate Panchayat** and they will go to villages, work there and dispose of the cases 6. **both CG and SG can amend their jurisiction** 7. GN shall **follow summary procedure in criminal trial.** 8. GN shall exercise the **powers of a Civil Court with certain modifications** and shall follow the **special procedure as provided in the Act.** 9. shall try to settle the disputes as far as possible by bringing about **conciliation** using conciliators appointed for that purpose 10. **not be bound by the rules of evidence** provided in the Indian Evidence Act, 1872 but shall be **guided by the principles of natural justice** and subject to **any rule made by HC** 11. **Appeal in criminal cases** shall lie to the **Court of Sessio**n, which shall be heard and disposed of within a period of **six months**; **Appeal in civil cases** shall lie to the **District Court**, which shall be heard and disposed of within a period of six months

Answer 481

SC, in feb 2020, directed the states, which are yet to come out with notifications for establishing ‘Gram Nyayalayas’, to do so at the earliest. So far only 11 states have taken steps to notify Gram Nyayalayas. Several states have issued notifications for establishing ‘Gram Nyayalayas’ but all of them were not functioning except in Kerala, Maharashtra and Rajasthan. Only 208 ‘Gram Nyayalayas’ are functioning in the country as against 2,500 estimated to be required by the 12th five-year plan.

Answer 482

1. Bonded labour 2. neglected children 3. non-payment of minimum wages and exploitation of casual workers and violation of labour laws (except in individual cases) 4. Petitions from jails complaining of harassment, for pre-mature release and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as FR 5. Petitions against police for refusing to register a case, harassment by police and death in police custody 6. Petitions against atrocities on women, in particular harassment of bride, bride-burning, rape, murder, kidnapping, etc 7. Petitions complaining of harassment or torture of villagers by co-villagers or by police from persons belonging to SC/ST/EBC 8. Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance 9. Petitions from riot-victims 10. Family pension

Answer 483

T They do apply but some flexibility is allowed by the court

Answer 484

original Constitution did not contain provisions 42nd Amendment Act of 1976 added a new Part XIV-A- Tribunals consists of only two Articles—Article 323 A dealing with administrative tribunals and Article 323 B dealing with tribunals for other matters.

Answer 485

1. Article 323 A enables the Parliament to take out the adjudication of disputes relating to service matters from the civil courts and the high courts and place it before the administrative tribunals 2. In pursuance of Article 323 A, the Parliament has passed the Administrative Tribunals Act in 1985 3. act authorises the Central government to establish one Central administrative tribunal and the state administrative tribunals

Answer 486

1. set up in **1985** with the **principal bench at Delhi** and additional benches in different states

Answer 487

1. CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it. 2. Its jurisdiction extends to the all-India services, the Central civil services, civil posts under the Centre and civilian employees of defence services. 3. However, the members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by it.

Answer 488

1. CAT is a multi-member body consisting of a **chairman and 65 members**. Earlier, the CAT consisted of a Chairman, Vice-Chairmen and members 2. With the **amendment** in Administrative Tribunals Act, 1985 in 2006, the members have been given the **status of judges of High Courts.** 3. **Members** are drawn from **both judicial and administrative streams** 4. Members are **appointed by the president** (in **concurrence with CJI** and **approved by Appointments committee of the Cabinet)** 5. appointments are made on the basis of **recommendation of a high powered selection committee chaired by a sitting judge of SC** who is nominated by CJI 6. They hold office for a **term of five years** or until they attain the age of **65 years**, in case of chairman and **62 years** in case of members, whichever is earlier.

Answer 489

* CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. * It is guided by the principles of natural justice * Only a nominal fee of 50 is to be paid by the applicant. * The applicant may appear either in person or through a lawyer.

Answer 490

Originally, appeals against the orders of the CAT could be made only in the Supreme Court and not in the high courts However in teh Chandra Kumar case (1997), Supreme Court declared this restriction on the jurisdiction of the high courts as unconstitutional. It laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned high court.

Answer 491

* Administrative Tribunals Act of 1985 empowers the Central government to establish the State Administrative Tribunals (SATs) on specific request of the concerned SGs. * So far (2016), the SATs have been set up in the nine states of * Andhra Pradesh, Odisha, Karnataka, Maharashtra, West Bengal, Kerala and Himachal Pradesh (abolished but re-established) * Madhya Pradesh, Tamil Nadu: abolished

Answer 492

Like the CAT, the SATs exercise original ju-risdiction in relation to recruitment and all service matters of state government employees

Answer 493

Chairman and members of the SATs are appointed by the president after consultation with the governor of the state concerned

Answer 494

1. Administrative Tribunals Act of 1985 also makes a provision for setting up of joint administrative tribunal (JAT) for two or more states. 2. A JAT exercises all the jurisdiction and powers exercisable by the administrative tribunals for such states. 3. The chairman and members of a JAT are appointed by the president after consultation with the governors of the concerned states.

Answer 495

Under Article 323 B, the **Parliament and the state legislatures** are authorised to provide for the establishment of tribunals for the adjudication of disputes relating to the following matters: 1. Taxation 2. Foreign exchange, import and export 3. industrial and labour 4. land reforms 5. ceiling on urban property 6. elections to parliament and state legislatures 7. food stuffs 8. rent and tenancy rights In 2010, the Supreme Court clarified that the subject matters under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matters under their purview as specified in the Seventh Schedule of the Constitution

Answer 496

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 (mentioned above). 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. 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 tribunal**s, whereas under Article 323 B a hierarchy of tribunals may be created.

Answer 497

* Tribunals are judicial or quasi-judicial institutions established by law. * They intend to provide a platform for faster adjudication as compared to traditional courts, as well as expertise on certain subject matters * Art 323 A and Art 323B inserted in 1976 via 42nd CAA * Currently, tribunals have been created both as substitutes to High Courts and as subordinate to High Courts. In the former case, appeals from the decisions of Tribunals (such as the Securities Appellate Tribunal) lie directly with the Supreme Court. In the latter case (such as the Appellate Board under the Copyright Act, 1957), appeals are heard by the corresponding High Court. * The tribunal system has developed as a parallel to the traditional court system over the last eighty years

Answer 498

* The Income Tax Appellate Tribunal was created in 1941 to reduce pendency of cases in courts. It was the first tribunal in India * recommended by 1st ARC (1969) as well as Swaran Singh Committee (1976) * After the insertion of Articles 323A and 323B in 1976, several tribunals such as the Central Administrative Tribunal as well as sector specific tribunals were set up from the 1980s to 2010s. Other tribunals set up were the Securities Appellate Tribunal to hear appeals against decisions of financial sector regulators, an Appellate Tribunal where decisions of the Central Film Certification Board could be challenged, and an Appellate Tribunal for Electricity to hear tariff issues. * The Finance Act, 2017 reorganised the tribunal system by merging tribunals based on functional similarity. The number of Tribunals was reduced from 26 to 19. It delegated powers to the central government to make Rules to provide for the qualifications, appointments, removal, and conditions of service for chairpersons and members of these tribunals * The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in Lok Sabha in February. As the Bill was pending at the end of the session, an Ordinance with similar provisions was promulgated in April 2021. They abolish nine tribunals and transfer their functions to existing judicial bodies (mainly High Courts).

Answer 499

1. As quasi-judicial bodies, whether they have the same degree of independence from the Executive as the courts that they replace. 1. In 2010, the Supreme Court noted that the tribunals in India have not achieved complete independence. 2. In 2014, the Supreme Court while reviewing the National Tax Tribunal Act, 2005 stated that when a tribunal is vested with jurisdiction of High Courts, the tribunal must be free from executive interference.²² Any involvement of the central government in administrative activities of tribunals (such as sanctioning leave for members) would affect their independence 3. In 1986, while reviewing the Administrative Tribunal Act, 1985 the Supreme Court stated that the total insulation of the judiciary from all forms of interference from the executive is a basic essential feature of the Constitution.²⁰ Thus, empowering the central government to appoint the Chairperson and other members of a Tribunal established as a substitute of a High Court, violates the independence of judiciary. 4. In 2019, the Supreme Court reiterated that the lack of judicial dominance in the selection committees of tribunals violates the doctrine of separation of powers and is an encroachment on the judicial domain.²³ Further, the Court clarified that the Executive is often a party in litigations and hence, they should not be allowed to be a dominant party in judicial appointments 2. The level of their success in achieving quicker decision on disputes. 1. even some tribunals face the issue of a large backlog of cases. For example, as of March 15, 2021, the central government industrial tribunal cum-labour courts had 7,312 pending cases; as of February 28, 2021, the Armed Forces Tribunal had 18,829 pending cases; and as of January 1, 2018, the Income-tax Appellate Tribunal had 91,643 pending cases. 2. The lack of human resources (such as inadequate number judges) is observed to be one of the key reasons for accumulation of pending cases in courts.³⁰ The Standing Committee on Personnel, Public Grievances, Law and Justice (2015) had noted that several tribunals (such as Cyber Appellate Tribunal and Armed Forces Tribunal) have vacancies which makes them dysfunctional. 3. Usurpation of Judicial powers: In 1986, the Supreme Court ruled that Parliament may create an alternative to High Courts provided that they have the same efficacy as the High Courts. In 1997, the Supreme Court ruled that such Tribunals may decide questions on constitutional validity of statutory provisions.²¹ However, they will be considered as a supplement rather than as substitutes to High Courts on such matters.²¹ Thus, their decisions on such matters may be examined by a division bench of the High Court. 4. problem of non-uniformity across tribunals with respect to service conditions, tenure of members, varying nodal ministries in charge of different tribunals.

Answer 500

The idea of an NTC was first mooted by the Supreme Court in L. Chandra Kumar v. Union of India (1997). * **Objective:** NTC is envisaged to be an independent umbrella body to supervise the functioning of tribunals, appointment of and disciplinary proceedings against members, and to take care of administrative and infrastructural needs of the tribunals. * **Uniformity:** NTC will support uniform administration across all tribunals. It could set performance standards for the efficiency of tribunals and their own administrative processes. * **Ensuring Separation of Powers:** Giving the NTC the authority to set members’ salaries, allowances, and other service conditions, subject to regulations, would help maintain tribunals’ independence. * The NTC could pave the way for the separation of the administrative and judicial functions carried out by various tribunals. * **Expansion of Services:** A ‘corporatised’ structure of NTC with a Board, a CEO and a Secretariat will allow it to scale up its services and provide requisite administrative support to all tribunals across the country. * **Autonomous Oversight:** NTC could function as an independent recruitment body to develop and operationalise the procedure for disciplinary proceedings and appointment of tribunal members. * An NTC will effectively be able to bring in uniformity in the appointment system meanwhile ensuring that it is independent and transparent.

Answer 501

B • The term Gram Sabha is defined in the Constitution of India under Article 243(b). • Gram Sabha is the primary body of the Panchayati Raj system and by far the largest. • It is a permanent body. • The power to annul a decision of the Gram Sabha rests with the Gram Sabha only.

Answer 502

* It is the **amount an election candidate can legally spend for their election campaign** and has to account for, which includes expenses on public meetings, rallies, advertisements, posters, banners, vehicles and advertisements. * Under **Section 77 of the** [**Representation of the People Act (RPA), 1951,**](https://www.drishtiias.com/to-the-points/Paper2/representation-of-people-s-act-part-i) every candidate shall keep a separate and correct account of all expenditure incurred **between the date on which they have been nominated and the date of declaration of the result.** * All candidates are required to submit their expenditure statement to the ECI within **30 days** of the completion of the elections. * An incorrect account or expenditure beyond the cap can lead to disqualification of the candidate by the ECI for up to three years, **under Section 10A of RPA, 1951.** * In December 2019, a[**private member’s bill**](https://www.drishtiias.com/daily-updates/daily-news-analysis/private-members-bill)was introduced in the Parliament which intended to do away with the cap on election spending by candidates. * The move was taken on the grounds that the ceiling on election expenses ends up being counterproductive by encouraging candidates to under-report their expenditure. * There is **no cap on a political party’s expenditure**, which is often exploited by candidates of the party. * However, **all registered political parties have to submit a statement of their election expenditure to the ECI within 90 days of** the completion of the **elections.**

Answer 503

* **Indrajit Gupta Committee (1998):** It suggested that state funding would ensure a level playing field for poorer political parties and argued that such a move would be in public interest. * It also recommended that state funds should only be given to recognised national and State parties and funding should be given in the form of free facilities provided to these parties and their candidates. * **Law Commission Report (1999):** It stated that a state funding of elections is ‘desirable’ provided that political parties are prohibited from taking funds from other sources. * **National Commission to Review the Working of the Constitution (2000):** It did not support the idea but mentioned that an appropriate framework for the regulation of political parties needs to be implemented before state funding is considered.

Answer 504

B As per the Manual on Parliamentary Work, in case the Ministries/Departments are not able to frame the rules within the prescribed period of six months after a legislation is passed, “they should seek extension of time from the Committee on Subordinate Legislation stating reasons for such extension” which cannot be more than three months at a time.

Answer 505

A Under Article 9 of the Indian Constitution, a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen. The OCI Cardholder (including a PIO Cardholder) is a foreign national holding passport of a foreign country and is not a citizen of India.

Answer 506

D They promote the idea of political democracy. DPSP promote the idea of social and economic democracy Most of them are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them. Such a law can be made only by the Parliament and not by state legislatures so that uniformity throughout the country is maintained

Answer 507

B ## Footnote The representatives of princely states were to be nominated by the heads of the princely states. Thus, the Constituent Assembly was partly elected and partly nominated body. 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. Statement 3: There was no such representation. Constituent Assembly included all important personalities of India at that time, with the exception of Mahatma Gandhi and M A Jinnah.

Answer 508

B ## Footnote 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. Seats allocated to each British province were to be decided among the three principal communities—Muslims, Sikhs and general, in proportion to their population.

Answer 509

C Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty, until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3) of Article 171.

Answer 510

B Speaker Pro-Tem is not **Elected** but appointed by Prez

Answer 511

D ## Footnote Article 239B. Power of administrator to promulgate Ordinances during recess of Legislature. If at any time, except when the Legislature of the Union territory of Puducherry is in session, the administrator thereof is satisfied that circumstances exist which render it necessary for him to take immediate action, **he may promulgate such Ordinance**s as the circumstances appear to him to require: Provided that no such Ordinance shall be promulgated by the administrator except **after obtaining instructions from the President in that behalf**: Provided further that **whenever the said Legislature is dissolved, or its functioning remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the administrator shall not promulgate any Ordinance during the period of such dissolution or suspension.**

Answer 512

B ## Footnote The list of the charged expenditure is: • Emoluments and allowances of the **President** and other expenditure relating to his office. • **Salaries and allowances of the Chairman and the Deputy Chairman of the Rajya Sabha and the Speaker and the Deputy Speaker** of the Lok Sabha. • Salaries, allowances and pensions of the **judges of the Supreme Court.** • **Pensions of the judges of high courts**. • Salary, allowances and pension of the CAG • Salaries, allowances and pension of the chairman and members of the UPSC. • **Administrative expenses of the SC, the office of the CAG and the UPSC** including the salaries, allowances and pensions of the persons serving in these offices. • The **debt charges** for which the **Government of India i**s liable, **including interest, sinking fund charges and redemption charges** and other expenditure relating to the raising of loans and the service and redemption of debt. • Any **sum required to satisfy any judgment, decree or award of any court or arbitral tribunal.** • Any other expenditure **declared by the Parliament to be so charged.** The salaries and allowances of the **judges, the salaries, allowances and pensions of the staff as well as the administrative expenses of a high court are charged on the consolidated fund of the state.**

Answer 513

D Adjournment only terminates a sitting and not a session of the House. Prorogation not only terminates a sitting but also a session of the House. Adjournment is done by presiding officer of the House; whereas Prorogation is done by the president of India. Adjournment does not affect the bills or any other business pending before the House; whereas Prorogation also does not affect the bills or any other business pending before the House However, all pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session.

Answer 514

B ## Footnote Balwant Rai Mehta Committee (1957): Originally appointed by the Government of India to examine the working of two of its earlier programs, the committee submitted its report in November 1957, in which the term ‘democratic decentralization ‘first appears. Ashok Mehta Committee (1977-1978): The committee was constituted by the Janata government of the time to study Panchayati Raj institutions. G V K Rao Commitee (1985): Appointed by the Planning Commission, the committee concluded that the developmental procedures were gradually being taken away from the local self-government institutions, resulting in a system comparable to ‘grass without roots’. L M Singhvi Commitee (1986): Constituted by the Rajiv Gandhi government on ‘Revitalisation of Panchayati Raj institutions for Democracy and Development’

Answer 515

D The term Leader of the House has been defined in Rules of Procedure of the Lok Sabha and the Rajya Sabha The Leader of the Lok Sabha. viz., Prime Minister, never sits in the Business advisory Committee; he or she is represented by the Minister for Parliamentary Affairs in the Business Advisory Committee. The Leader of the House in the Rajya Sabha is generally a member of the Business Advisory Committee (BAC). In the event, he is not a member of the BAC, he is invited to attend its meetings.

Answer 516

A High court can interpret the Constitution while reviewing any law or order passed by the government

Answer 517

D ## Footnote During National Emergency, the duration of Lok Sabha can be extended to a maximum of 1 year at a time by passing a law in the parliament. The term of 5th Lok Sabha was extended twice by passing House of the People (extension of duration) Act, 1976. However, this extension cannot continue beyond a period of six months after the Emergency ceases to operate. However, the same is not applicable for financial emergency.

Answer 518

A ## Footnote Although it is the Governor’s prerogative to summon the House, according to Article 163, the Governor is required to act on the “aid and advice” of the Cabinet. So when the Governor summons the House under Article 174, this is not of his or her own will but on the aid and advice of the Cabinet. ***There are a few instances where the Governor can summon the House despite the refusal of the Chief Minister who heads the Cabinet. When the Chief Minister appears to have lost the majority and the legislative members of the House propose a no-confidence motion against the Chief Minister, then the Governor can decide on his or her own on summoning the House.*** But the actions of the Governor, when using his discretionary powers can be challenged in court.

Answer 519

the territory of India comprises three categories of territories: (a) territories of the states; (b) union territories; and (c) territories that may be acquired by the Government of India at any time.

Answer 520

During the British Rule, certain areas were constituted as ‘scheduled districts’ in 1874. Later, they came to be known as ‘chief commissioners provinces’. After independence, they were placed in the category of Part ‘C’ and Part ‘D’ states

Answer 521

Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh, Goa and J&K

Answer 522

1956: A&N, Delhi and Lakshadweep 1961: Dadra & Nagar Haveli 1962: Daman and Diu, Puducherry 1966: Chandigarh

Answer 523

1. Political and administrative consideration—Delhi and Chandigarh. 2. Cultural distinctiveness—Puducherry, Dadra and Nagar Haveli, and Daman and Diu. 3. Strategic importance—Andaman and Nicobar Islands and Lakshadweep. 4. Special treatment and care of the backward and tribal people—Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states.

Answer 524

Articles 239 to 241 in Part VIII

Answer 525

The President can specify the designation of an administrator At present, it is * Lieutenant Governor in the case of Delhi, Puducherry and Andaman and Nicobar Islands and * Administrator in the case of Chandigarh, Dadra and Nagar Haveli, Daman and Diu and Lakshadweep

Answer 526

* The Parliament can make laws on any subject of the three lists (including the State List) for the union territories. * This power of Parliament also extends to Puducherry and Delhi, which have their own local legislatures. * But, the legislative assembly of Puducherry can also make laws on any subject of the State List and the Concurrent List. * Similarly, the legislative assembly of Delhi can make laws on any subject of the State List (except public order, police and land) and the Concurrent List. * The Parliament can establish a high court for a union territory or put it under the jurisdiction of the high court of adjacent state

Answer 527

The President can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, and Daman and Diu. In the case of Puducherry also, the President can legislate by making regulations but only when the assembly is suspended or dissolved. A regulation made by the President has the same force and effect as an act of Parliament and can also repeal or amend any act of Parliament in relation to these union territories.

Answer 528

The Parliament can establish a high court for a union territory or put it under the jurisdiction of the high court of adjacent state. Delhi is the only union territory that has a high court of its own (since 1966). The Bombay High Court has got jurisdiction over two union territories—Dadra and Nagar Haveli, and Daman and Diu. Andaman and Nocobar Islands, Chandigarh, Lakshadweep and Puducherry are placed under the Calcutta, Punjab and Haryana, Kerala, and Madras High Courts respectively

Answer 529

F ## Footnote The Constitution does not contain any separate provisions for the administration of acquired territories. But, the constitutional provisions for the administration of union territories also apply to the acquired territories

Answer 530

* The 69th Constitutional Amendment Act of 1991 provided a special status to the Union Territory of Delhi, and redesignated it the National Capital Territory of Delhi and designated the administrator of Delhi as the lieutenant (lt.) governor * It created a legislative assembly and a council of ministers for Delhi. * Previously, Delhi had a metropolitan council and an executive council.

Answer 531

* The strength of the assembly is fixed at 70 members, directly elected by the people. * The elections are conducted by the election commission of India. * The assembly can make laws on all the matters of the State List and the Concurrent List except the three matters of the State List, that is, public order, police and land. * But, the laws of Parliament prevail over those made by the Assembly.

Answer 532

* The strength of the council of ministers is fixed at ten per cent of the total strength of the assembly, that is, seven—one chief minister and six other ministers. * The chief minister is **appointed by the President** (not by the lt. governor). * The other ministers are appointed by the president on the advice of the chief minister. * **The ministers hold office during the pleasure of the president**. * The council of ministers is collectively responsible to the assembly * **In the case of difference of opinion between the lt. governor and his ministers**, the lt. governor is to refer the matter to the president for decision and act accordingly

Answer 533

* **The lt. governor is empowered to promulgate ordinances** during recess of the assembly. An ordinance has the same force as an act of the assembly * Every such ordinance must be approved by the assembly within six weeks from its reassembly. * He can also withdraw an ordinance at any time. * But, he cannot promulgate an ordinance when the assembly is dissolved or suspended. * Further, no such ordinance can be promulgated or withdrawn without the prior permission of the President.

Answer 534

Under the **Government of India (Allocation of Business) Rules 1961**, **Ministry of Home Affairs is the nodal ministry** for **all matters** of Union Territories relating to **legislation, finance and budget, services and appointment of Lt. Governors and Administrators**

Answer 535

All the five UTs without legislature (Andaman and Nicobar Islands, Chandigarh, Daman and diu, Dadra and Nagar Haveli and Lakshadweep) have the forum of Home Minister’s Advisory Committee HMAC is chaired by the Union Home Minister

Answer 536

* All the five UTs without legislature have AACs * headed by the respective administrator * Member of Parliament and elected members from the local bodies e.g. District Panchayats and Municipal Council of the respective UTs are members of these committees among others. * The Committee discusses the general issues relating to social and economic development of the UTs.

Answer 537

Part X Article 244, 244A and 339

Answer 538

* Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram * The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram

Answer 539

The scheduled areas are treated differently from the other areas in the country because they are inhabited by ‘aboriginals’ who are socially and economically rather backward, and special efforts need to be made to improve their condition

Answer 540

1. Declaration of scheduled states 2. executive power of SG 3. executive power of CG 4. Tribal advisory council 5. Laws applicable to scheduled areas 6. Commission to report on administration

Answer 541

* The president is empowered to declare an area to be a scheduled area. * He can also increase or decrease its area, alter its boundary lines, rescind such designation or make fresh orders for such redesignation on an area in consultation with the governor of the state concerned.

Answer 542

* The executive power of a state extends to the scheduled areas therein. * But the governor has a special responsibility regarding such areas. He has to submit a report to the president regarding the administration of such areas, annually or whenever so required by the president.

Answer 543

The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.

Answer 544

* Each state having scheduled areas has to establish a tribes advisory council to advise on welfare and advancement of the scheduled tribes. * It is to consist of 20 members, three-fourths of whom are to be the representatives of the scheduled tribes in the state legislative assembly. * A similar council can also be established in a state having scheduled tribes but not scheduled areas therein, if the president so directs.

Answer 545

* The governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions. * He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council. * Such regulations may prohibit or restrict the transfer of land by or among members of the scheduled tribes, regulate the allotment of land to members of the scheduled tribes and regulate the business of moneylending in relation to the scheduled tribes. * Also, a regulation may repeal or amend any act of Parliament or the state legislature, which is applicable to a scheduled area. * But, all such regulations require the assent of the president

Answer 546

* The Constitution requires the president to appoint a commission to report on the administration of the scheduled areas and the welfare of the scheduled tribes in the states. * He can appoint such a commission at any time but compulsorily after ten years of the commencement of the Constitution. Hence, a commission was appointed in 1960. It was headed by U N Dhebar and submitted its report in 1961. * After four decades, the second commission was appointed in 2002 under the chairmanship of Dilip Singh Bhuria. It submitted its report in 2004.

Answer 547

Constitution, under Sixth Schedule, contains special provisions for the administration of tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram. The tribes in Assam, Meghalaya, Tripura and Mizoram have not assimilated much the life and ways of the other people in these states. These areas have hitherto been anthropological specimens. The tribal people in other parts of India have more or less adopted the culture of the majority of the people in whose midst they live. The tribes in Assam, Meghalaya, Tripura and Mizoram, on the other hand, still have their roots in their own culture, customs and civilization. These areas are, therefore, treated differently by the Constitution and sizeable amount of autonomy has been given to these people for self-government

Answer 548

1. The tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram have been constituted as autonomous districts. But, they do not fall outside the executive authority of the state concerned. 2. The governor is empowered to organise and re-organise the autonomous districts. Thus, he can increase or decrease their areas or change their names or define their boundaries and so on. 3. If there are different tribes in an autonomous district, the governor can divide the district into several autonomous regions. 4. Each autonomous district has a district council consisting of 30 members, of whom four are nominated by the governor and the remaining 26 are elected on the basis of adult franchise. The elected members hold office for a term of five years (unless the council is dissolved earlier) and nominated members hold office during the pleasure of the governor. Each autonomous region also has a separate regional council. 5. The district and regional councils administer the areas under their jurisdiction. They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, inheritance of property, marriage and divorce, social customs and so on. But all such laws require the assent of the governnor. 6. The district and regional councils within their territorial jurisdictions can constitute village councils or courts for trial of suits and cases between the tribes. They hear appeals from them. The jurisdiction of high court over these suits and cases is specified by the governor. 7. The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district. It can also make regulations for the control of money lending and trading by non-tribals. But, such regulations require the assent of the governor. 8. The district and regional councils are empowered to assess and collect land revenue and to impose certain specified taxes. 9. The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions. The power of direction, in this regard, lies either with the president or governor. Thus, in the case of Assam, it lies with the Governor, both in respect of acts of Parliament or state legislature. In the case of Meghalaya, Tripura and Mizoram, it lies with the president in respect of acts of Parliament and governor in respect of acts of state legislature. 10. The governor can appoint a commission to examine and report on any matter relating to the administration of the autonomous districts or regions. He may dissolve a district or regional council on the recommendation of the commission

Answer 549

1. Assam: 1. North Cachar Hills District 2. Karbi Anglong District 3. Bodoland Territorial Areas District 2. Meghalaya 1. Khasi hills district 2. Jaintia Hills District 3. Garo Hills District 3. Tripura: Tripura Tribal Areas District 4. Mizoram: 1. Chakma district 2. Mara district 3. Lai district

Answer 550

At present (2016), ten states of India have scheduled areas. These are: Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Answer 551

1. Balwant Rai Mehta Committee, 1957 2. Ashok Mehta Committee, 1978 3. GVK Rao Committee 1985 4. LM Singhvi Committee 1986 5. Thungon Committee 1988 6. Gadgil Committee 1988

Answer 552

* Appointed in 1957 to examine the working of the Community Development Programme (1952) and the National Extension Service (1953) Recommendations: * Establishment of a three-tier panchayati raj system—gram panchayat at the village level, panchayat samiti at the block level and zila parishad at the district level. These tiers should be organically linked through indirect elections * The village panchayat should be constituted with directly elected representatives, whereas the panchayat samiti and zila parishad should be constituted with indirectly elected members * All planning and development activities should be entrusted to these bodies * There should be a genuine transfer of power and responsibility along with adequate resources to these democratice bodies. * The council did not insist on a single rigid pattern and left it to the states to evolve their own patterns suitable to local conditions. But the basic principles and broad fundamentals should be identical throughout the country. These recommendations of the committee were accepted by the National Development Council in January 1958

Answer 553

Appointed in 1977 by Janata Party govt Recommendations 1. A constitutional recognition should be accorded to the Panchayati Raj institutions. This would give them the requisite status (sanctity and stature) and an assurance of continuous functioning. 2. The three-tier system of panchayati raj should be replaced by the two-tier system, that is, zila parishad at the district level, and below it, the mandal panchayat consisting of a group of villages with a total population of 15,000 to 20,000. 3. A district should be the first point for decentralisation under popular supervision below the state level. Zila parishad should be the executive body and made responsible for planning at the district level 4. The panchayati raj institutions should have compulsory powers of taxation to mobilise their own financial resourses 5. There should be a regular social audit by a district level agency and by a committee of legislators 6. The state government should not supersede the panchayati raj institutions. In case of an imperative supersession, elections should be held within six months from the date of supersession 7. The nyaya panchayats should be kept as separate bodies from that of development panchayats. They should be presided over by a qualified judge 8. Seats for SCs and STs should be reserved on the basis of their population Due to the collapse of the Janata Government before the completion of its term, no action could be taken on the recommendations of the Ashok Mehta Committee at the central level. However, the three states of Karnataka, West Bengal and Andhra Pradesh took steps to revitalise the panchayati raj, keeping in view some of the recommendations of the Ashok Mehta Committee

Answer 554

appointed by Planning Commission in 1985. The Committee came to conclusion that the developmental process was gradually bureaucratised and divorced from the Panchayati Raj resulting in ‘Gras without Roots’ Recommendations 1. the district is the proper unit for planning and development and the Zila Parishad should become the principal body for management of all development programmes which can be handled at that level 2. Panchayati Raj institutions at the district and lower levels should be assigned an important role with respect to planning, implementation and monitoring of rural development programmes 3. A post of District Development Commissioner should be created. He should act as the chief executive officer of the Zila Parishad and should be in charge of all the development departments at the district level. 4. Elections to the Panchayati Raj institutions should be held regularly. It found that elections became overdue for one or more tiers in 11 states It is in this respect that the recommendation of the G.V.K. Rao Committee Report (1986) differed from those of the Dantwala Committee Report on Block-Level Planning (1978) and the Hanumantha Rao Committee Report on District Planning (1984). Both the committees have suggested that the basic decentralised planning function should be done at the district level with District Collector at the centre of planning. In contrast, Balwant Rai Mehta Committee, the Administrative Reforms Commission of India, the Ashok Mehta Committee and finally the G.V.K. Rao Committee which recommended reduction in the developmental role of the District Collector and which assigned a major role to the Panchayati Raj in development administration

Answer 555

* The Panchayati Raj institutions should be constitutionally recognised, protected and preserved. For this purpose, a new chapter should be added in the Constitution of India. This will make their identity and integrity reasonably and substantially inviolate. It also suggested constitutional provisions to ensure regular, free and fair elections to the Panchayati Raj bodies. * Nyaya Panchayats should be established for a cluster of villages * The villages should be reorganised to make Gram Panchayats more viable. It also emphasised the importance of the Gram Sabha and called it as the embodiment of direct democracy * The Village Panchayats should have more financial resources

Answer 556

constituted in 1988 by the Congress party. The recommenations became the basis for drafting an amendment bill aimed at conferring the constitutional status and protection to the Panchayati Raj institutions. 1. A constitutional status should be bestowed on the Panchayati Raj institutions. 2. A three-tier system of Panchayati Raj with panchayats at the village, block and district levels. 3. The term of Panchayati Raj institutions should be fixed at five years. 4. The members of the Panchayats at all the three levels should be directly elected. 5. Reservation for SCs, STs and women. 6. The Panchayati Raj bodies should have the responsibility of preparation and implementation of plans for socio-economic development. For this purpose, a list of subjects should be specified in the constitution. 7. The Panchayat Raj bodies should be empowered to levy, collect and appropriate taxes and duties. 8. Establishment of a State Finance Commission for the allocation of finances to the Panchayats. 9. Establishment of a State Election Commission for the conduction of elections to the panchayats

Answer 557

Rajasthan was the first state to establish Panchayati Raj. The scheme was inaugurated by the prime minister on October 2, 1959, in Nagaur district. Rajasthan was followed by Andhra Pradesh, which also adopted the system in 1959. Thereafter, most of the states adopted the system. Though most of the states created panchayati raj institutions by mid 1960s, there were differences from one state to another with regard to the number of tiers, relative position of samiti and parishad, their tenure, composition, functions, finances and so on Some states also established nyaya panchayats, that is, judicial panchayats to try petty civil and criminal cases

Answer 558

* added a new Part-IX to the Constitution of India. This part is entitled as ‘The Panchayats’ and consists of provisions from Articles 243 to 243 O. * In addition, the act has also added a new Eleventh Schedule to the Constitution. * This schedule contains 29 functional items of the panchayats. It deals with Article 243-G. * The act has given a practical shape to Article 40 of the Constitution * passed in 1992 bt received assent of Prez in 1993 due to added req of support by half of SLAs. The act is called **73rd CAA, 1992** * The act gives a constitutional status to the panchayati raj institutions. **It has brought them under the purview of the justiciable part of the Constitution. neither the formation of panchayats nor the holding of elections at regular intervals depend on the will of the state government any more.**

Answer 559

1. Gram sabha 2. Three tier system 3. election 4. reservation of seats 5. duration of term 6. disqualifications 7. State Election Commission 8. Powers and Functions 9. Finances 10. Audits 11. Application to UTs 12. exemptions

Answer 560

1. provides for a Gram Sabha as the foundation of the panchayati raj system. 2. It is a body consisting of persons registered in the electoral rolls of a village comprised within the area of Panchayat at the village level. 3. It may exercise such powers and perform such functions at the village level as the legislature of a state determines

Answer 561

provides for a three-tier system of panchayati raj in every state, that is, panchayats at the village, intermediate, and district levels. Thus, the act brings about uniformity in the structure of panchayati raj throughout the country. However, a state having a population not exceeding 20 lakh may not constitute panchayats at the intermediate level.

Answer 562

* All the members of panchayats at the village, intermediate and district levels shall be elected directly by the people. * Further, the chairperson of panchayats at the intermediate and district levels shall be elected indirectly—by and from amongst the elected members thereof. * However, the chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines. * The act bars the interference by courts in the electoral matters of panchayats. * It declares that 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. * It further lays down that no election to any panchayat is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature.

Answer 563

* reservation of seats for scheduled castes and scheduled tribes in every panchayat (i.e., at all the three levels) in proportion of their population to the total population in the panchayat area. * Further, the state legislature shall provide for the reservation of offices of chairperson in the panchayat at the village or any other level for the SCs and STs. * The act provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging the SCs and STs). * Further, not less than one-third of the total number of offices of chairpersons in the panchayats at each level shall be reserved for women. * The act also authorises the legislature of a state to make any provision for reservation of seats in any panchayat or offices of chairperson in the panchayat at any level in favour of backward classes.

Answer 564

* The act provides for a five-year term of office to the panchayat at every level. * However, it can be dissolved before the completion of its term. * Further, fresh elections to constitute a panchayat shall be completed (a) before the expiry of its duration of five years; or (b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution. * Moreover, a panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued had it not been so dissolved. In other words, a panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period. * But, where the remainder of the period (for which the dissolved panchayat would have continued) is less than six months, it shall not be necessary to hold any election for constituting the new panchayat for such period.

Answer 565

if he is so disqualified, (a) under any law for the time being in force for the purpose of elections to the legislature of the state concerned, or (b) under any law made by the state legislature. However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years. Further, all questions of disqualifications shall be referred to such authority as the state legislature determines

Answer 566

The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the panchayats shall be vested in the state election commission

Answer 567

The state legislature may endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government 29 matters listed in the Eleventh Schedule 1. Agri 2. minor forest produce 3. Land reforms, consolidation, improvement and soil conservation 4. minor irrigation and watershed development 5. animal husbandry, dairying and poultry 6. Fisheries 7. social forestry and farm forestry 1. small scale industries 2. khadi village and cottage industries 1. rural housing 2. drinking water 3. fuel and fodder 4. roads, bridges, ferries, waterways and other means of communication 5. rural electrification icl distribution 6. non-conventional energy resources 7. libraries 8. mkts and fairs 9. Maintenance of community assets 10. cultural activities 1. education incl primary and secondary 2. technical training and vocational education 3. adult and non-formal education 4. health and sanitation incl hospitals, PHCs and dispensaries 5. women and child development 6. family welfare 7. poverty alleviation programme 8. PDS 9. social welfare, incl that of handicapped and mentally challenged 10. Welfare of the weaker sections, and in particular SCs and STs

Answer 568

1. Gram sabha 2. estab of Panchayats at village, intermediate and district 3. direct election to all seats in panchayats at all levels 4. Indirect elections to the post of chairperson of panchayats at the intermediate and district levels. 5. 21 years to be the minimum age for contesting elections to panchayats 6. Reservation of seats (both members and chairpersons) for SCs and STs in panchayats at all the three levels 7. Reservation of one-third seats (both members and chairpersons) for women in panchayats at all the three levels 8. Fixing tenure of five years for panchayats at all levels and holding fresh elections within six months in the event of supersession of any panchayat. 9. Establishment of a State Election Commission 10. Constitution of a State Finance Commission after every five years to review the financial position of the panchayats.

Answer 569

1. Giving representation to MPs/MLAs in panchayats at different levels 2. Providing reservation of seats (both members and chairpersons) for backward classes in panchayats at any level. 3. Granting powers and authority to the panchayats to enable them to function as institutions of self-government (in brief, making them autonomous bodies) 4. Devolution of powers and responsibilities upon panchayats to prepare plans for economic development and social justice; and to perform some or all of the 29 functions listed in the Eleventh Schedule of the Constitution. 5. Granting financial powers to the pachayats, that is, authorizing them to levy, collect and appropriate taxes, duties, tolls and fees

Answer 570

The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth Schedule areas. However, the Parliament may extend these provisions to such areas, subject to such exceptions and modifications as it may specify. Under this provision, the Parliament has enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the PESA Act or the Extension Act.

Answer 571

At present (2016), **ten states have Fifth Schedule Areas**. These are: **Andhra Pradesh, Telangana, Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan**. All the ten states have enacted requisite compliance legislations by amending the respective Panchayati Raj Acts.

Answer 572

Every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level.

Answer 573

* Every **Gram Sabha shall be competent to safeguard** and preserve the * traditions and customs of the people, * their cultural identity, * community resources and * the customary mode of dispute resolution. * Every Gram Sabha shall— * approve of the plans, programmes and projects for social and economic development before they are taken up for implementation by the Panchayat at the village level; and * be responsible for the identification of beneficiaries under the poverty alleviation and other programmes. * Every **Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilisation of funds** for the above plans, programmes and projects.

Answer 574

1. The **reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to the population of the communities** for whom reservation is sought to be given under Part IX of the Constitution. However, the **reservation for the Scheduled Tribes shall not be less than one-half** of the total number of seats. Further, **all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes**. 2. The **state government may nominate such Scheduled Tribes which have no representation in the Panchayat at the intermediate level or the Panchayat at the district level.** But such nomination **shall not exceed onetenth** of the total members to be elected in that Panchayat.

Answer 575

1. The Gram Sabha or the Panchayats at the appropriate level shall be **consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons** affected by such projects in the Scheduled Areas. However, the **actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the state level.** 2. Planning and management of **minor water bodies** in the Scheduled Areas shall be entrusted to Panchayats at the appropriate level. 3. The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be **mandatory** for **grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas**. 4. The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be **mandatory for grant of concession for the exploitation of minor minerals by auction**.

Answer 576

* A state legislation on the Panchayats in the Scheduled Areas shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources. * While endowing Panchayats in the Scheduled Areas with such **powers and authority as may be necessary to enable them to function as institutions of self-government**, a State Legislature shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically with – * the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant * the ownership of minor forest produce * the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe * the power to manage village markets * the power to exercise control over money lending to the Scheduled Tribes * the power to exercise control over institutions and functionaries in all social sectors * the power to control local plans and resources for such plans including tribal sub-plans * The **State Legislations shall contain safeguards to ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at the lower level** or of the Gram Sabha. * The **State Legislature shall endeavour to follow the pattern of the Sixth Schedule to the Constitution while designing the administrative arrangements** in the Panchayats at district levels in the Scheduled Areas. * **Any provision of any law (relating to Panchayats in the Scheduled Areas) which is inconsistent with the provisions of this Act shall cease to be in force at the expiry of one year** from the date on which this Act receives the assent of the President . **However, all the Panchayats existing immediately before such date shall continue till the expiry of their term, unless dissolved by the State Legislature sooner**

Answer 577

(i) Grants from the Union Government based on the recommendations of the Central Finance Commission as per Article 280 of the Constitution. (ii) Devolution from the State Government based on the recommendations of the State Finance Commission as per Article 243-I. (iii) Loans / grants from the State Government. (iv) Programme-specific allocation under Centrally Sponsored Schemes and Additional Central Assistance. (v) Internal Resource Generation (tax and non-tax).

Answer 578

(i) Internal resource generation at the Panchayat level is weak. This is partly due to a thin tax domain and partly due to Panchayats own reluctance in collecting revenue. In absolute terms, the quantum of funds the Union/State Government transfers to a Panchayat forms the major component of its receipt, however, the PRI’s own resource generation is the soul behind its financial standing (ii) **Panchayats are heavily dependent on grants from Union and State Governments**. In terms of own resource collection, the Gram Panchayats are comparatively in a better position because they have a tax domain of their own, while the other two tiers are dependent only on tolls, fees and nontax revenue for generating internal resources. **State Panchayati Raj Acts have given most of the taxation powers to Village Panchayats**. The revenue domain of the intermediate and District Panchayats (both tax as well as non-tax) has been kept much smaller and remains confined to secondary areas like ferry services, markets, water and conservancy services, registration of vehicles, cess on stamp duty and a few others (iii) A **major portion of the grants both from Union as well as the State Governments is scheme specific.** Panchayats have limited discretion and flexibility in incurring expenditure. (iv) In view of their own tight fiscal position, **State Governments are not keen to devolve funds to Panchayats.** (v) In most of the critical Eleventh Schedule matters like primary education, healthcare, water supply, sanitation and minor irrigation even now, it is the State Government which is directly responsible for implementation of these programmes and hence expenditure. (vi) Overall, a situation has been created where Panchayats have responsibility but grossly inadequate resources

Answer 579

octroi property/house tax profession tax land tax/cess taxes/tolls on vehicles entertainment tax/fees license fees tax on non-agricultural land fee on regtn of cattle sanitation/drainage tax water tax lighting tax education cess tax on fairs and festivals

Answer 580

1. Lack of adequate devolution: 1. Many States have not taken adequate steps to devolve 3Fs (i.e., functions, funds and functionaries) to the PRIs to enable them to discharge their constitutionally stipulated function 2. Further, it is imperative that the PRIs have resources to match the responsibilities entrusted to them. While SFCs have submitted their recommendations, not many few States have implemented these or taken steps to ensure the fiscal viability of the PRIs 2. excessive control by bureaucracy: In some States, the Gram Panchayats have been placed in a position of subordination. Hence, the Gram Panchayat Sarpanches have to spend extraordinary amount of time visiting Block Offices for funds and/or technical approval. 3. Tied nature of funds 4. overwhelming dependency on govt funding: When Panchayats do not raise resources and instead receive funds from outside, people are less likely to request a social audit. 5. reluctance to use fiscal powers: An important power devolved to GP (Gram Panchayat) is the right to levy tax on property, business, markets, fairs and also for services provided, like street lighting or public toilets, etc. Very few Panchayats use their fiscal power to levy and collect taxes. The argument pushed by Panchayat heads is that it is difficult to levy tax on your own constituency, especially when you live in the community 6. status of Gram sabha: a number of the State Acts have not spelt the powers of Gram Sabhas nor have any procedures been laid down for the functioning of these bodies or penalties for the officials. 7. creation of parallel bodies: Often, Parallel Bodies (PBs) are created for supposedly speedy implementation and greater accountability. PBs usurp the legitimate space of PRIs and demoralize the PRIs by virtue of their superior resource endowments. 8. Poor infrastructure: A large number of Gram Panchayats in the country do not have even full time Secretary. Around 25 percent of the Gram Panchayats do not have basic office buildings. The database for planning, monitoring etc., are lacking in most of the cases 9. A large number of elected representatives of PRIs are semi-literate or literate and know little about their roles & responsibilities, programmes, procedures, systems. Often for want of good, relevant and periodic training, they are not able to perform their functions properly.

Answer 581

1. T 2. F; can be removed in the same manner as a HC judge i.e. by Prez otbo a resolutino passed by Parliament

Answer 582

(i) In 1687-88, the first municipal corporation in India was set up at Madras. (ii) In 1726, the municipal corporations were set up in Bombay and Calcutta. (iii) Lord Mayo’s Resolution of 1870 on financial decentralisation visualised the development of local self-government institutions. (iv) Lord Ripon’s Resolution of 1882 has been hailed as the ‘Magna Carta’ of local self-government. He is called as the father of local-self government in India. (v) The Royal Commission on decentralisation was appointed in 1907 and it submitted its report in 1909. Its chairman was Hobhouse. (vi) Under the dyarchical scheme introduced in Provinces by the Government of India Act of 1919, local self-government became a transferred subject under the charge of a responsible Indian minister. (vii) In 1924, the Cantonments Act was passed by the Central legislature. (viii) Under the provincial autonomy scheme introduced by the Government of India Act of 1935, local self-government was declared a provincial subject.

Answer 583

At the Central level, the subject of ‘urban local government’ is dealt with by the following three ministries: (i) Ministry of Urban Development, created as a separate ministry in 1985 (ii) Ministry of Defence in the case of cantonment boards (iii) Ministry of Home Affairs in the case of Union Territories

Answer 584

1. added a new Part-IX-A to the Constitution of India 2. consists of provisions from Articles 243- P to 243-ZG 3. also added a new Twelfth Schedule. This schedule contains eighteen functional items of municipalities 4. The act gave constitutional status to the municipalities. It has brought them under the purview of justiciable part of the Constitution. In other words, state governments are under constitutional obligation to adopt the new system of municipalities in accordance with the provisions of the act

Answer 585

The act provides for the constitution of the following three types of municipalities in every state. 1. A nagar panchayat (by whatever name called) for a transitional area, that is, an area in transition from a rural area to an urban area. 2. A municipal council for a smaller urban area. 3. A municipal corporation for a larger urban area

Answer 586

**All the members of a municipality shall be elected directly** by the people of the municipal area. For this purpose, **each municipal area shall be divided into territorial constituencies to be known as wards.** **The state legislature may provide the manner of election of the chairperson of a municipality** **SG** may also **provide for the representation of** the following persons in a municipality. 1. Persons having special knowledge or experience in municipal administration without the right to vote in the meetings of municipality. 2. The members of the Lok Sabha and the state legislative assembly representing constituencies that comprise wholly or partly the municipal area. 3. The members of the Rajya Sabha and the state legislative council registered as electors within the municipal area. 4. The chairpersons of committees (other than wards committees)

Answer 587

There shall be constituted a wards committee, consisting of one or more wards, **within the territorial area of a municipality having population of three lakh or more** The state legislature may make provision with respect to the composition and the territorial area of a wards committee and the manner in which the seats in a wards committee shall be filled

Answer 588

1. act provides for the reservation of seats for the scheduled castes and the scheduled tribes in every municipality in proportion of their population to the total population in the municipal area. 2. Further, it provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for woman belonging to the SCs and the STs). 3. The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for SCs, STs and women. 4. It may also make any provision for the reservation of seats in any municipality or offices of chairpersons in municipalities in favour of backward classes.

Answer 589

* The act provides for a five-year term of office for every municipality. * However, it can be dissolved before the completion of its term. Further, the fresh elections to constitute a municipality shall be completed (a) before the expiry of its duration of five years; or (b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution. * Moreover, a municipality constituted upon the dissolution of a municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued had it not been so dissolved. In other words, a municipality reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period. * But, where the remainder of the period (for which the dissolved municipality would have continued) is less than six months, it shall not be necessary to hold any election for constituting the new municipality for such period.

Answer 590

The finance commission (which is constituted for the panchayats) shall also, for **every five years**, review the financial position of municipalities and make r**ecommendation to the governor** as to: 1. The **principles that should govern**: (a) The **distribution between the state and the Panchayats/ municipalities**, the net proceeds of the taxes, duties, tolls and fees levied by the state. (b) The determination of the taxes, duties, tolls and fees that may be assigned to the panchayats/municipalities. (c) The grants-in-aid to the panchayats/municipalities from the consolidated fund of the state. 2. The measures needed to improve the financial position of the panchayats/municipalities. 3. Any other matter referred to it by the governor in the interests of sound finance of panchayats/municipalities. The governor shall place the recommendations of the commission along with the action taken report before the state legislature. The central finance commission shall also suggest the measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats/municipalities in the state (on the basis of the recommendations made by the finance commission of the state)

Answer 591

The act does not apply to the scheduled areas and tribal areas in the states . It shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council of the West Bengal.

Answer 592

* District Planning COmmittees * Every state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole * SLA may make provisions deciding composition, manner of elections, fns etc. * **act lays down that four-fifths of the members of a district planning committee should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves** * The **representation of these members in the committee should be in proportion to the ratio between the rural and urban populations** in the district. * The chairperson of such committee shall forward the development plan to the SG * Metropolitan Planning Committee * Every metropolitan area shall have a metropolitan planning committee to prepare a draft development plan * SLA may make provisions deciding composition, manner of elections, fns etc. * act lays down that **two-thirds** of the members of a metropolitan planning committee should be elected by the **elected members of the municipalities and chairpersons of the panchayats** in the metropolitan area from amongst themselves

Answer 593

1. Urban planning 2. planning for economic and social development 3. regulation of land use and construction of buildings 4. slum improvement and upgradation 5. burial and cremation grounds 1. roads and bridges 2. water supply for domestic, industrial and commercial purposes 3. fire services 4. urban amenities and facilities like parks, playgrounds 5. Public amenities including street lighting, parking lots, bus stops 1. public health, sanitation and SWM 2. Urban poverty alleviation 3. vital stats like regtn of births and deaths 1. Urban forestry and protection of env 2. cattle ponds, prevention of cruelty to animals 3. Regulation of slaughter houses and tanneries. 1. safeguarding interests of weker sections of society incl handicapped 1. Promotion of cultural, educational and aesthetic aspects

Answer 594

8 types * Municipal Corporation * Municipality * Notified Area Committee * Town Area Committee * Cantontment Board * Township * Port Trust * Special Purpose Agency

Answer 595

* Municipal corporations are created for the administration of big cities * They are established in the states by the acts of the concerned state legislatures, and in the union territories by the acts of the Parliament of India. There may be one common act for all the municipal corporations in a state or a separate act for each municipal corporation. * A municipal corporation has three authorities, namely, * the council: * deliberative and legislative wing * It consists of the Councillors directly elected by the people, as well as a few nominated persons having knowledge or experience of municipal administration * seats reserved for SC/ST/women acc to 74th CAA * Council is headed by a **Mayor. He is elected in a majority of the states for a one-year renewable term. He is basically an ornamental figure** and a formal head of the corporation. His main function is to preside over the meetings of the Council * the standing committees : created to facilitate the working of the council, which is too large in size. They take decisions in their fields * the Municipal commissioner: * responsible for the implementation of the decisions taken by the council and its standing committees. Thus, **he is the chief executive authority of the corporation** * **appointed by SG, usually an IAS**

Answer 596

* established for the administration of **towns and smaller cities** * they are **also set up in the states by the acts** of the concerned state legislatures and in the union territory by the acts of the Parliament of India * **AKA municipal council, municipal committee, municipal board**, borough municipality, city municipality * Has three authorities * Council: * **deliberative and legislative wing** of the municipality. * It consists of the **councillors directly elected** by the people * headed by a president/chairman * Unlike the Mayor of a municipal corporation, he plays a significant role and is the pivot of the municipal administration. Apart from presiding over the meetings of the Council, he enjoys executive powers. * Standing Committee * Chief Executive Officer/ Chief Municipal Officer: **for dayto-day general administration** of the municipality. He is **appointed by the state government**

Answer 597

* created for the administration of two types of areas— * a fast developing town due to industrialisation, and * a town which does not yet fulfil all the conditions necessary for the constitution of a municipality, but which otherwise is considered important by SG * established by a notification in the government gazette, it is called as notified area committee * Though it functions within the framework of the State Municipal Act, **only those provisions of the act apply to it which are notified** in the government gazette by which it is created. **It may also be entrusted to exercise powers under any other act** * **Its powers are almost equivalent to those of a municipality.** * **But unlike the municipality, it is an entirely nominated body, that is, all the members of a notified area committee including the chairman are nominated by SG**

Answer 598

* s set up for the administration of a small town * It is a **semi-municipal authority** and is entrusted with a **limited number of civic functions** like drainage, roads, street lighting, and conservancy * created by a **separate act of a state legislature. Its composition, functions and other matters are governed by the act** * **It may be wholly elected or wholly nominated by the state government or partly elected and partly nominated**

Answer 599

* established for municipal administration **for civilian population in the cantonment area** * set up under the provisions of the Cantonments Act of 2006—a legislation enacted by CG * works under the **administrative control of the defence ministry of CG**. Thus, unlike the above four types of urban local bodies, which are created and administered by the state government, a cantonment board is created as well as administered by the Central government. * **Cantonments Act of 2006** was enacted to consolidate and amend the law relating to the administration of cantonments with a view to impart greater democratisation, improvement of their financial base to make provisions for developmental activities and for matters connected with them. This Act has repealed the Cantonments Act of 1924. * At present (2016), there are **62 cantonment boards in the country**. They are grouped into four categories on the basis of the civil population. * Composition: * A **cantonment board consists of partly elected and partly nominated** members. * The elected members hold office for a term of **five years** while the nominated members (i.e., ex-officio members) continue so long as they hold the office in that station. * The **military officer commanding the station is the ex-officio president** of the board and presides over its meetings. * The **vicepresident of the board is elected** by the elected members from amongst themselves for a term of five years. * The **executive officer of the cantonment board is appointed by the president** of India. He **implements all the resolutions** and decisions of the board and its committees. He **belongs to the central cadre** established for the purpose. * The **functions performed by a cantonment board are similar to those of a municipality**. These are statutorily categorised into o**bligatory functions and discretionary functions.** * The sources of income includes both, tax revenue and non-tax revenue

Answer 600

* established by the large public enterprises to provide civic amenities to its staff and workers who live in the housing colonies built near the plant * enterprise appoints a town administrator * Thus, the township form of urban government has no elected members. In fact, it is an extension of the bureaucratic structure of the enterprises.

Answer 601

* established in the port areas like Mumbai, Kolkata, Chennai and so on for two purposes: * to manage and protect the ports; and * to provide civic amenities. * A port trust is **created by an Act of Parliament**. * It consists of **both elected and nominated** members. * Its **chairman is an official**. * Its civic functions are more or less similar to those of a municipality.

Answer 602

* states have set up **certain agencies to undertake designated activities** or specific functions that ‘legitimately’ belong to the domain of municipal corporations or municipalities or other local urban governments. In other words, **these are function-based and not area-based**. They are known as **‘single purpose’, ‘uni-purpose’ or ‘special purpose’** agencies or ‘functional local bodies’ These are * Town improvement trusts * Urban development authorities * water supply and sewerage boards * hosuing boards * pollution control boards * electricity supply boards * city transport boards * These are **established as statutory bodies** by an act of state legislature **or as departments** by an executive resolution * They **function as autonomous bodies** and deal with the functions allotted to them **independently of the local urban governments. Thus, they are not subordinate agencies of the local municipal bodies**

Answer 603

* set up in 1954 * constituted under Art 263 by an order of President of INdia * originally called Central Council of Local Self-Government * Till 1958, it dealt with both urban as well as rural local governments, but after 1958 it has been dealing with matters of urban local government only. * It consists of the Minister for Urban Development in the Government of India and the ministers for local self government in states. The Union minister acts as the Chairman of the Council * The Council is an advisory body.

Answer 604

1. First 1951 2. 7th 1956 3. 9th, 1960 4. 10th, 1961 5. 11th CAA, 1961 6. 12th, 13th and 14th in 1962 7. 18th 1966 8. 24th, 25th and 26th in 1971 9. 31st in 1973 10. 35th in 1974 11. 36th and 38th in 1975 12. 39th in 1975 13. 42nd in 1975 14. 43rd in 1977 15. 44th in 1978 16. 52nd in 1985 17. 61st in 1989 18. 65th in 1990 19. 69th in 1991

Answer 605

1951 * Empowered the state to make special provisions for the advancement of socially and economically backward classes. * Provided for the saving of laws providing for acquisition of estates, etc. * Added Ninth Schedule to protect the land reforms and other laws included in it from the judicial review. After Article 31, Articles 31A and 31B were inserted. * Added three more grounds of restrictions on freedom of speech and expression: public order, friendly relations with foreign states and incitement to an offence. Also, it made the restrictions ‘reasonable’ and thus, justiciable in nature. * Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.

Answer 606

1956 To implement the recommendations of the State Reorganization Committee and to implement the State Reorganization Act, 1956. * Second and Seventh Schedules were amended * Abolished the existing classification of states into four categories i.e., Part A, Part B, Part C, and Part D states, and reorganised them into 14 states and 6 union territories. * Extended the jurisdiction of high courts to union territories. * Provided for the establishment of a common high court for two or more states. * Provided for the appointment of additional and acting judges of the high court.

Answer 607

1960 After the Nehru-Noon agreement was signed between India and Pakistan to divide the territory of Berubari Union, the Government of West Bengal opposed it. After this Union referred the matter to SC which held that the power of Parliament to diminish the area of a state (under Article 3) does not cover cession of Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368. Consequently, the 9th Constitutional Amendment Act (1960) was enacted. Facilitated the cession of the Indian territory of Berubari Union (located in West Bengal) to Pakistan as provided in the Indo-Pakistan Agreement (1958).

Answer 608

1961 * Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent to acquisition from Portugal.

Answer 609

1961 * Changed the procedure of election of the vice president by providing for an electoral college instead of a joint meeting of the two Houses of the Parliament. * Provided that the election of the President or vice president cannot be challenged on the ground of any vacancy in the appropriate electoral college.

Answer 610

* 1962 * Incorporated Goa, Daman and Diu in the Indian Union.

Answer 611

1962 * Gave the status of a state to Nagaland and made special provisions for it.

Answer 612

1962 * Incorporated Puducherry in the Indian Union. * Provided for the creation of legislatures and council of ministers for the Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry.

Answer 613

1966 * Made it clear that the power of Parliament to form a new state also includes a power to form a new state or union territory by uniting a part of a state or a union territory to another state or union territory. * It created new states namely, Punjab and Haryana

Answer 614

1971 * Twenty Fourth Constitutional Amendment Act was brought in response to the Golaknath ruling (1967) of the Supreme Court which held that the Parliament does not have the power to take away any fundamental rights through amendment to the Constitution. **Amendments:** * Affirmed the power of Parliament to amend any part of the Constitution including fundamental rights by amending Article 13 and 368. * Made it compulsory for the President to give his assent to a Constitutional Amendment Bill.

Answer 615

1971 * Curtailed the fundamental right to property. * Provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31.

Answer 616

1971 * Abolished the privy purses and privileges of the former rulers of princely states.

Answer 617

1973 * Increased the number of Lok Sabha seats from 525 to 545.

Answer 618

1974 * Terminated the protectorate status of Sikkim and conferred the status of an associate state of the Indian Union. The Tenth Schedule was added laying down the terms and conditions of association of Sikkim with the Indian Union * Further next year, 36th CAA 1975 made Sikkim a full-fledged State of the Indian Union and omitted the Tenth Schedule.

Answer 619

1975 * Made the declaration of emergency by the President non-justiciable. * Made the promulgation of ordinances by the President, governors and administrators of Union territories non-justiciable. * Empowered the President to declare different proclamations of national emergency on different grounds simultaneously.

Answer 620

1975 * It was enacted in response to the ruling of the Allahabad High Court who declared the election of PM Indira Gandhi to Lok Sabha void on the petition of Raj Narain. * Placed the disputes relating to the president, Vice President, prime minister and Speaker beyond the scope of the judiciary. They are to be decided by such authority as may be determined by the Parliament.

Answer 621

1976 * **Added three new words (i.e., socialist, secular and integrity) in the Preamble.** * **Added Fundamental Duties by the citizens (new Part IV A).** * Made the president bound by the advice of the cabinet. * Provided for administrative tribunals and tribunals for other matters (Added Part XIV A). * Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001 - Population Controlling Measure * Made the constitutional amendments beyond judicial scrutiny. * Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts. * Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years. * Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights. * Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights. * **Added three new Directive Principles viz., equal justice and free legal aid, the participation of workers in the management of industries and protection of the environment, forests, and wildlife.** * Facilitated the proclamation of national emergency in a part of the territory of India. * Extended the one-time duration of the President’s rule in a state from 6 months to one year. * Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order. * Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts. * Did away with the requirement of quorum in the Parliament and the state legislatures. * Empowered the Parliament to decide from time to time the rights and privileges of its members and committees. * Provided for the creation of the All-India Judicial Service.

Answer 622

1977 * Restored the jurisdiction of the Supreme Court and the High Courts in respect of judicial review and issue of writs. * Deprived the Parliament of its special powers to make laws to deal with anti-national activities.

Answer 623

1978 * Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years). * Restored the provisions with regard to the quorum in the Parliament and state legislatures. * Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges. * Gave constitutional protection to publication in a newspaper of true reports of the proceedings of the Parliament and the state legislatures. * Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president. * Deleted the provision which made the satisfaction of the president, governor, and administrators final in issuing ordinances. * Restored some of the powers of the Supreme Court and high courts. * **Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.** * **Made the President to declare a national emergency only on the written recommendation of the cabinet.** * Made certain procedural safeguards with respect to a national emergency and President’s rule. * **Deleted the right to property from the list of Fundamental Rights and made it only a legal right.** * **Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.** * Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.

Answer 624

1985 To stop defection and the politics of 'Aaya Ram, Gaya Ram' * Provided for disqualification of members of Parliament and state legislatures on the ground of defection and **added a new Tenth Schedule** containing the details in this regard.

Answer 625

1989 * Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative assembly elections.

Answer 626

1990 * Provided for the establishment of a multi-member National Commission for Scheduled Castes and Scheduled Tribes in the place of a Special Officer for Scheduled Castes and Scheduled Tribes.

Answer 627

1991 * Accorded a special status to the Union Territory of Delhi by designing it as the National Capital Territory of Delhi. The amendment also provided for the creation of a 70-member legislative assembly and a 7-member council of ministers for Delhi.

Answer 628

* 1992 * Granted constitutional status and protection to the **Panchayati Raj institutions.** For this purpose, the Amendment has **added a new Part-IX** entitled as ‘the panchayats’ and a new **Eleventh Schedule** containing 29 functional items of the panchayats

Answer 629

1992 * Granted constitutional status and protection to the **urban local bodies.** For this purpose, the Amendment has **added a new Part IX-A** entitled as **‘the municipalities’** and a new **Twelfth Schedule** containing 18 functional items of the municipalities.

Answer 630

1995 * **Provided for reservation in promotions in government jobs for Scheduled Castes and Scheduled Tribes.** This amendment nullified the Supreme Court ruling with regard to reservation in promotions.

Answer 631

2000 * **Provided for making of any provision in favour of the SCs and STs** for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to the public services of the Centre and the states

Answer 632

2001 * **Extended the ban on the readjustment of seats in the Lok Sabha and the state legislative assemblies for another 25 years (i.e., up to 2026)** with the same objective of encouraging population limiting measures. In other words, the number of seats in the Lok Sabha and the assemblies are to remain the same till 2026. It also provided for the readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 1991 census. Later 87th CAA, 2003, Provided for the readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 2001 census and not 1991 census

Answer 633

2001 * Provided for ‘consequential seniority’ in the case of promotion by virtue of rule of reservation for the government servants belonging to the Scheduled Castes and Scheduled Tribes with retrospective effect from June 1995.

Answer 634

2002 * **Made elementary education a fundamental right under the Article 21A** * **Changed the subject matter of Article 45 in Directive Principles** * **Added a new fundamental duty under Article 51-A**

Answer 635

2003 * Bifurcated the erstwhile combined National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies, namely, National Commission for Scheduled Castes (Article 338) and National Commission for Scheduled Tribes (Article 338-A).

Answer 636

2003 * The total number of ministers, including the Prime Minister, in the Central Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha. * A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. * The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total strength of the Legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12. * A member of either House of a state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. * A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post. The expression “remunerative political post” means: * Any office under the central government or a state government where the salary or remuneration for such office is paid out of the public revenue of the concerned government or, * Any office under a body, whether incorporated or not, which is wholly or partially owned by the central government or a state government and the salary or, * Remuneration for such an office is paid by such a body, except where such salary or remuneration paid is compensatory in nature (Article 361-B). * The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of the legislature party has been deleted. It means that the defectors have no more protection on grounds of splits.

Answer 637

2003 * Included four more languages in the Eighth Schedule. They are **Bodo, Dogri (Dongri), Maithili and Santhali.** With this, the total number of constitutionally recognised languages increased to 22

Answer 638

2005 * **Empowered the state to make special provisions for the socially and educationally backward classes or the Scheduled Castes or the Scheduled Tribes in educational institutions including private educational institutions (whether aided or unaided by the state), except the minority educational institutions (clause (5) in Article 15).** * This Amendment was enacted to nullify the Supreme Court judgement in the Inamdar case (2005) where the apex court ruled that the state cannot impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges. The court declared that reservation in private, unaided educational institutions was unconstitutional.

Answer 639

2011 * **Gave constitutional status and protection to cooperative societies.** It made the following three changes in the constitution: * It made the right to form co-operative societies a fundamental right (Article 19). * It included a new Directive Principle of State Policy on the promotion of co-operative societies. * It added a new Part IX-B in the constitution which is entitled “The Co-operative societies”.

Answer 640

2014 * Replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC). * However, in 2015, the Supreme Court declared this Amendment Act as unconstitutional and void. Consequently, the earlier collegium system became operative again

Answer 641

2014 * Gave effect to the acquiring of certain territories by India and transfer of certain other territories to **Bangladesh** (through the exchange of enclaves and retention of adverse possessions) in pursuance of the **Land Boundary Agreement of 1974 and its Protocol of 2011.** * For this purpose, this amendment act amended the provisions relating to the territories of four states (Assam, West Bengal, Meghalaya and Tripura) in the First Schedule of the Constitution.

Answer 642

2017 * **Introduction of the Goods and Services Tax**

Answer 643

2018 * **Constitutional status was provided to the National Commission for Backward Classes under India's Ministry of Social Justice and Empowerment.** * Article 338B into the Constitution after Articles 338 and 338A which deal with the National Commission for Scheduled Castes (SC) and National Commission for Scheduled Tribes (ST) respectively.

Answer 644

* 2019 * It introduced **reservations for Economic Weaker Section** for the first time in independent India * Amendment in Article 16 allows a 10% reservation to EWS in public employment.

Answer 645

2020 extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty years. Removed the [reserved seats for the Anglo-Indian community](https://en.wikipedia.org/wiki/Anglo-Indian_reserved_seats_in_the_Lok_Sabha) in the Lok Sabha and state assemblies.

Answer 646

2021 restore the power of the state governments to identify Other Backward Classes (OBCs) that are socially and educationally backward. This amendment annulled the Supreme Court judgement of 11 May 2021, which had empowered only the Central government for such identification

Answer 647

Union and states Art 1-4

Answer 648

Citizenship 5-11

Answer 649

DPSP 36-51

Answer 650

FDs Art 51(A)

Answer 651

Union Govt 52-151

Answer 652

SG 152-237

Answer 653

NOW DELETED earlier had Part B states Article 238 also deleted

Answer 654

UTs 239-242

Answer 655

Panchayats 243-243(O)

Answer 656

Municipalities 243(P)- 243(ZG)

Answer 657

Cooperative societies 243 (ZH)- 243 (ZT)

Answer 658

scheduled and tribal areas 244 and 244A

Answer 659

Relations between Union and States 245-263

Answer 660

finance property conracts and suits 264-300A

Answer 661

Trade, Commerce and intercourse within Indian territory 301-307

Answer 662

Services under Union and States 308-314

Answer 663

Tribunals 323-B

Answer 664

Elections 324-329A

Answer 665

Special provision relating to certain classes 330-342

Answer 666

Official Language 342-351

Answer 667

Emergency 352-360

Answer 668

Miscellaneous 361-367

Answer 669

Amendments 368

Answer 670

temporary, transitional and special provisions 369-392

Answer 671

Short title, commencement, Authoritative text in Hindi and Repeals 393-395

Answer 672

names of states and their territories

Answer 673

Emoluments, allowances, privileges of Pres, Guvs, Spkr nd Deputy Spkr of LS and SLAs, Chairman and Deputy Chairman of RS and SLCs, SC and HC judges and CAG

Answer 674

oaths of UNion and state ministers candidates for election to Parliament and SLAs MPs and MLAs Judges of SC and HCs CAG

Answer 675

allocation of seats in RS

Answer 676

Provisions relating to the administration and control of scheduled areas and scheduled tribes

Answer 677

Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.

Answer 678

Division of powers between the Union and the States

Answer 679

Languages recognized by Constitution They are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu. Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992; Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003. Oriya was renamed as ‘Odia’ by the 96th CAA 2011.

Answer 680

Acts and Regulations (originally 13 but presently 282) of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.

Answer 681

Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection. This schedule was added by the 52nd Amendment Act of 1985, also known as Antidefection Law.

Answer 682

Specifies the powers, authority and responsibilities of Panchayats. It has 29 matters. This schedule was added by the 73rd Amendment Act of 1992

Answer 683

Specifies the powers, authority and responsibilities of Municipalities. It has 18 matters. This schedule was added by the 74th Amendment Act of 1992.

Answer 684

1. Federal scheme 2. Guv 3. Judiciary 4. PSCs 5. Emergency provisions 6. Administrative details

Answer 685

1. Parliamentary govt 2. Rule of Law 3. Legislative Procedure 4. single citizenship 5. cabinet system 6. prerogative writs 7. parliamentary privileges 8. bicameralism

Answer 686

1. FRs 2. independence of judiciary 3. judicial review 4. impeachment of President 5. removal of SC and HC judges 6. post of VC

Answer 687

DPSPs nomination to RS method of election of President

Answer 688

Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.

Answer 689

Concurrent list Freedomof trade and commerce joint sitting

Answer 690

suspension of FRs in EMergency

Answer 691

FDs justice (social, economic and political) in Preamble

Answer 692

Republic and the ideals of liberty, equality and fraternity in the Preamble

Answer 693

1. procedure for amendment 2. election of members of RS

Answer 694

procedure established by law

Polity- Constitution and Political system Flashcards

(753 cards)