Indian polity & Governance Test 7

Answer – B

In Maru Ram v. Union of India (1980) and Kehar Singh v. Union of India (1988) — the Supreme Court held that in exercising the power under Article 72 (the power of the President to grant pardons, and to suspend, remit or commute sentences in certain cases) or Article 161 (the power of the Governor to do the same) of the Constitution, the President or the Governor has to act on the advice of the Council of Ministers and not at his or her own discretion. Hence statement 1 is incorrect
In Maru Ram’s case and other subsequent judgments of the Supreme Court that the Governor’s act of granting pardon is subject to judicial review and can be struck down if it is arbitrary or mala fide. Hence statement 2 is correct

Answer – A

• EC conducts the elections of parliament, state legislatures, the office of president of India and the office of vice-president of India. Hence statement 1 and 2 are correct.
• Election commission is not concerned with the elections to panchayats and muncipalities in the states. For this, the Constitution of India provides for a separate State Election Commission. Hence statement 3 is incorrect.

Answer – B

Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws can be noted, viz.

• The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission. Statement 1 is incorrect
• The Constitution has not specified the term of the members of the Election Commission.
• The Constitution has not debarred the retiring election commissioners from any furthe appointment by the government. Hence statement 2 is correct.

Answer – a

Functions of EC are

• To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament. Hence statement 1 is correct.
• To grant recognition to political parties and allot election symbols to them, and To act as a court for settling disputes related to granting of recognition to political parties an allotment of election symbols to them. Hence statement 2 is incorrect.
• To advise the president on matters relating to the disqualifications of the members of Parliament. Hence statement 3 is correct.

Answer – B

• At the state level, the Election Commission is assisted by the chief electoral officer who is appointed by the chief election commissioner in consultation with the state government. Hence statement 1 is incorrect
• Below this, at the district level, the collector acts as the district returning officer.
• He appoints a returning officer for every constituency in the district and presiding officer for every polling booth in the constituency. Hence statement 2 is correct.

Answer – B

• In Maru Ram v. Union of India (1980) and Kehar Singh v. Union of India (1988) — the Supreme Court held that in exercising the power under Article 72 (the power of the President to grant pardons, and to suspend, remit or commute sentences in certain cases) or Article 161 (the power of the Governor to do the same) of the Constitution, the President or the Governor has to act on the advice of the Council of Ministers and not at his or her own discretion. Hence statement 1 is incorrect
• In Maru Ram’s case and other subsequent judgments of the Supreme Court that the Governor’s act of granting pardon is subject to judicial review and can be struck down if it is arbitrary or mala fide. Hence statement 2 is correct

Answer – A

• Constitution visualises the UPSC to be the ‘watch-dog of merit system’ in India.
• It is concerned with the recruitment to the all-India services and Central services—group A and group B and advises the government, when consulted, on promotion and disciplinary matters. Hence statement 1 is correct.
• It is not concerned with the classification of services, pay and service conditions, cadre management, training, and so on. These matters are handled by the Department of Personnel and Training one of the three departments of the Ministry of Personnel, Public Grievances and Pensions. Hence statement 2 and 3 are incorrect.

Answer – C

• The emergence of Central Vigilance Commission (CVC) in 1964 affected the role of UPSC in disciplinary matters. This is because both are consulted by the government while taking disciplinary action against a civil servant. Hence both statements are correct.
• The problem arises when the two bodies tender conflicting advise. However, the UPSC, being an independent constitutional body, has an edge over the CVC, which is created by an executive resolution of the Government of India and conferred a statutory status in October 2003.

Answer – A

• UPSC consists of a chairman and other members appointed by the President of India. The Constitution, without specifying the strength of the Commission has left the matter to the discretion of the President, who determines its composition. Usually, the Commission consists of nine to eleven members including the chairman. Hence statement 1 is correct.
• Article 315 to 323 of the Constitution contain elaborate provisions regarding the composition, appointment and removal of members along with the independence, powers and functions of the UPSC. Hence statements 2 and 3 are incorrect.

Answer – C

• The president can exclude posts, services and matters from the purview of the UPSC. Hence statement 1 is correct
• The Constitution states that the president, in respect to the all-India services and Central services and posts may make regulations specifying the matters in which, it shall not be necessary for UPSC to be consulted. Hence statement 2 is correct
• But 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 – D

• Finance Commission consists of a chairman and four other members to be appointed by the president. They hold office for such period as specified by the president in his order. They are eligible for reappointment. Hence statement 1 is incorrect
• Constitution authorises the Parliament to determine the qualifications of members of the commission and the manner in which they should be selected. Hence statement 2 is also incorrect.

Answer – A

• Parliament has specified the qualifications of the chairman and members of the commission.
• The chairman should be a person having experience in public affairs. Hence statement 2 is incorrect.
• Four other members should be selected from amongst the following:

• • A judge of high court or one qualified to be appointed as one. Hence statement 1 is correct
  • A person who has specialised knowledge of finance and accounts of the government.
  • A person who has wide experience in financial matters and in administration.
  • A person who has special knowledge of economics.

Answer – C

• Finance Commission is required to make recommendations to the president of India on the following matters:
  • The distribution of the net proceeds of taxes to be shared between the Centre and the states, and the allocation between the states of the respective shares of such proceeds. Hence statement 1 is correct.
  • The principles that should govern the grants-in-aid to the states by the Centre (i.e., out of the consolidated fund of India). Hence statement 2 is correct.
  • The 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. This function was added by the 73rd and 74th Constitutional Amendment Acts of 1992, which have granted constitutional status and protection on the panchayats and the municipalities respectively.

Answer – D

• National Commission for Women, National Commission for Minorities (1993), the National Commission for Backward Classes (1993), the National Human Rights Commission (1993) and the National Commission for Protection of Child Rights (2007) are statutory bodies. Hence option D is correct.

Answer – C

• Article 29 provides that 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. Hence statement 1 is correct.
• Article 29 grants protection to both religious minorities as well as linguistic minorities. However, the Supreme Court held that the scope of this article is not necessarily restricted to minorities only, as it is commonly assumed to be. This is because of the use of words ‘section of citizens’ in the Article that include minorities as well as majority. Hence statement 2 is correct.

Solution: c

Statement 1 and 3 -Panchayats receive funds in the following ways:

• Grants from the union government based on the recommendations of the Central Finance Commission as per Article 280 of the constitution.
• Devolution from state government based on the recommendation from state finance commission as per Article 243-I.
• Loans / grants from state government.
• Allocation under centrally sponsored schemes and additional central assistance.
• Internal resource generation (tax and non-tax).

Statement 2 – Panchayats are heavily dependent on grants from union and state government.

Economic Survey 2018 said that – Tax collections at panchayat level are extremely low, which is posing a challenge to fiscal federalism and accountability.

Solution: d

Statements 1 and 4 are compulsory provisions and statements 2 and 3 are voluntary provisions.

Solution: d

The constitution empowers the Parliament to make laws on the subjects mentioned in the State List in the following circumstances:

• When a resolution is passed by Rajya Sabha by a majority of not less than two-thirds of members present and voting.
• When a proclamation of National Emergency is in operation.
• When two or more states make a joint request to the parliament.
• When necessary to give effect to international agreements, treaties and conventions.
• When President’s rule is in operation in the state.

Solution: c

The features of Federal Government are:

• Dual Government ( national government and regional government)
• Written constitution
• Division of power between the national and regional government
• Supremacy of the constitution
• Rigid constitution
• Independent judiciary
• Bicameral legislature

Flexible constitution is the feature of Unitary Government.

Solution: c

Statements 1 and 5 are executive power of the President.

Statements 2, 3 and 6 are the legislative powers.

Statement 4 is the financial power.