Indian polity & Governance Test 4

Answer – c

• In the Shankari Prasad case (1951), the constitutional validity of the First Amendment Act (1951), which curtailed the right to property, was challenged. The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights. The word ‘law’ in Article 13 includes only ordinary laws and not the constitutional amendment acts (constituent laws)
• Supreme Court in the Minerva Mills case (1980) invalidated the provision of 42^nd amendment which excluded judicial review of constitutional amendments, as it excluded judicial review which is a ‘basic feature’ of the Constitution.
• In the Waman Rao case (1981), the Supreme Court adhered to the doctrine of the ‘basic structure’ and further clarified that it would apply to constitutional amendments enacted after April 24, 1973 (i.e., the date of the judgement in the Kesavananda Bharati case).

Source – Chapter 11, Laxmikant

GS 2 – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure

• A question on the events leading to basic structure doctrine can be asked

Answer – b

• The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
• The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament

Source – Chapter 10, Laxmikant

GS 2 – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure

• Procedure of amendment can be asked. Read the details from the book. Also read criticism of the procedure.

Answer – b

• In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency (1975–1977). Congress Government at Centre accepted these recommendations and enacted the 42^nd Constitutional Amendment Act in 1976. This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens
• Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the Fundamental Duties are confined to citizens only and do not extend to foreigners.
• Certain recommendations of the Committee were not accepted by the Congress Party and hence, not incorporated in the Constitution.
  • Parliament may provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties
  • Duty to pay taxes should also be a Fundamental Duty of the citizens

Source – Chapter 9, Laxmikant

GS 2 – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure

• Most importantly, mug up the list of fundamental duties and use them in answers wherever they fit in any GS paper or essay
• The features of fundamental duties can also be asked to elaborate upon. For example, UPSC has asked previously to comment on the statement that Fundamental Duties are just the precepts of Indian culture and values. There the first thing one need to answer is the list and the ability to link them with knowledge of India’s rich historical past.
• Also be aware about their significance and the criticism that they have invited.

Answer – c

• Regulating Act of 1773 designated the Governor of Bengal as the ‘Governor-General of Bengal’. It also made the governors of Bombay and Madras presidencies subordinate to the governor general of Bengal, unlike earlier, when the three presidencies were independent of one another
• Company’s territories in India were for the first time called the ‘British possessions in India’ in 1784 Pitts Act. However 1833 Charter Act ended the activities of the East India Company as a commercial body, which became a purely administrative body. It provided that the company’s territories in India were held by it ‘in trust for His Majesty, His heirs and successors’.
• 1853 Charter Act separated, for the first time, the legislative and executive functions of the Governor General’s council. It provided for addition of six new members called legislative councillors to the council.

Source – Chapter 1, Laxmikant

GS 2 – Indian Constitution – Historical underpinnings and evolution

• Regulating Act of 1773 for the first time laid down the foundation of central administration for the first time in modern India, which paved the way for modern Indian state. It has its implications on contemporary federalism as well.
• 1853 Act can be construed as an important constitutional development as the principle of separation of powers got its traction for the first time between legislature and executive. It also demonstrates how Indian people struggled for their representation in law making then, if not in governance. Also appraise its link with 1857 revolt link.

Answer – b

• Out of the seven union territories, only two (Delhi and Puducherry) have representation in Rajya Sabha. The populations of other five union territories are too small to have any representative in the Rajya Sabha
• American Senate has no nominated members

GS 2 – Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these

• There can be a question to discuss why other Union Territories should also have representation

GS 2 – Comparison of the Indian constitutional scheme with that of other countries

• Very obvious.

Answer – b

• The representatives of states in the Lok Sabha are directly elected by the people from the territorial constituencies in the states. The voting age was reduced from 21 to 18 years by the 61^st Constitutional Amendment Act, 1988.
• Constitution has empowered the Parliament to prescribe the manner of choosing the representatives of the union territories in the Lok Sabha. Accordingly, the Parliament has enacted the Union Territories (Direct Election to the House of the People) Act, 1965, by which the members of Lok Sabha from the union territories are also chosen by direct election.

GS 2 – Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these

• Direct constitutional provisions are asked in mains only when they intersect with contemporary issue in general, however it is better to know them.

Answer – c

Both statements are direct provisions made by the Constitution itself. However, the first statement does not apply to a state having a population of less than six millions.

GS 2 – Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these

• These provisions represent equal share to people of India irrespective of the state in which they live, an argument which is made by Bibek Debroy against the demands of certain Southern states in favour of “federalism”. So the constitution precedes share of each Indian citizen before federalism ( as seats were not divided equally between states but according to their populations)

Answer – a

• Though the Constitution has abandoned the system of communal representation, it provides for the reservation of seats for scheduled castes and scheduled tribes in the Lok Sabha on the basis of population ratios
• Originally, this reservation was to operate for ten years (ie, up to 1960), but it has been extended continuously since then by 10 years each time. Now, under the 95th Amendment Act of 2009, this reservation is to last until 2020.

GS 2 – Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these

• A question on why it is significant to influence the structure of legislatures from the social realities by providing representation to historically disadvantaged groups can be asked – invoke proportional representation issue here as well

Answer – d

• Constitution lays down that the candidate must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha
• Representation of People Act (1951) provides that the candidate must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them.

GS 2 – RPA

• Direct provisions can be asked under the syllabus heading

Answer – b

• Parliament has specified the qualifications of the chairman and members of the commission. Accordingly, the chairman should be a person having experience in public affairs. Chairman of the 15^th FC is NK Singh who is not a SC judge.
• It is nowhere laid down in the Constitution that the recommendations of the commission shall be binding upon the Government of India or that it would give rise to a legal right in favour of the beneficiary states to receive the money recommended to be offered to them by the Commission. However, Dr. P.V. Rajamannar, the Chairman of the Fourth Finance Commission, “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”.

Answer – b

On February 20, 1947, the British Prime Minister Clement Atlee declared that the British rule in India would end by June 30,1948; after which the power would be transferred to responsible Indian hands. This announcement was followed by the agitation by the Muslim League demanding partition of the country. Again on June 3, 1947, the British Government made it clear that any Constitution framed by the Constituent Assembly of India (formed in 1946) cannot apply to those parts of the country which were unwilling to accept it. On the same day (June 3, 1947), Lord Mountbatten, the viceroy of India, put forth the partition plan, known as the Mountbatten Plan.

Answer – c

• Morley Minto Reforms which drove 1909 Act retained official majority in the Central Legislative Council but allowed the provincial legislative councils to have non-official majority.
• It enlarged the deliberative functions of the legislative councils at both the levels. For
  example, members were allowed to ask supplementary questions, move resolutions on the budget, and so on.

Answer – c

1909 Act 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. He was appointed as the law member.

Answer – a

• 1919 Act further divided the provincial subjects into two parts—transferred and reserved. The transferred subjects were to be administered by the governor with the aid of ministers responsible to the legislative Council. The reserved subjects, on the other hand, were to be administered by the governor and his executive council without being responsible to the legislative Council. This dual scheme of governance was known as ‘dyarchy’
• It introduced, for the first time, bicameralism and direct elections in the country. Thus, the 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. However, it granted franchise to a limited number of people on the basis of property, tax or education.

Answer – a

• 1919 Act extended the principle of communal representation, which was introduced for Muslims in 1909 Act, by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.

Answer – d

1919 Act separated, for the first time, provincial budgets from the Central budget and authorised the provincial legislatures to enact their budgets

Answer – a

Simon commission submitted its report in 1930 and recommended the abolition of dyarchy, extension of responsible government in the provinces, establishment of a federation of British India and princely states, continuation of communal electorate and so on. 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. On the basis of these discussions, a ‘White Paper on Consitutional Reforms’ was prepared and submitted for the consideration of the Joint Select Committee of the British Parliament. The recommendations of this committee were incorporated (with certain changes) in the next Government of India Act of 1935

Answer – a

In August 1932, Ramsay MacDonald, the British Prime Minister, announced a scheme of representation of the minorities, which came to be known as the Communal Award. 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).

Answer – c

• It abolished dyarchy in the provinces and introduced ‘provincial autonomy’ in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres. Moreover, the Act introduced responsible governments in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature.
• It provided for the adoption of dyarchy at the Centre
• It introduced bicameralism in six out of eleven provinces. Thus, the legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United Provinces were made bicameral consisting of a legislative council (upper house) and a legislative assembly (lower house).
• It further extended the principle of communal representation by providing separate electorates for depressed classes (scheduled castes), women and labour (workers).

Answer – c

• It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country.
• It provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more