Daily Quiz: UPSC Prelims Marathon – January 31, 2018

STATEMENT 2 AND 4 ARE INCORRECT:

• Two sets of polities on at National level another at Regional level
• INDEPENDENT judiciary
• Written constitution and Rigid Constitution which is considered to be supreme
• SEPERATION of power
• Supremacy of the Constitution A Written Constitution and Sovereignty of the Amending Body
• Bicameral Legislature
• Whenever there is a dispute regarding any provision of the constitution judiciary has to interpret it.

1. It has the duty to declare any law whether central or provincial as unconstitutional if it is in conflict with the constitution. This is called the power of judicial review.
2. Since the formal method of amending the constitution is normally very difficult, it is the judiciary, which by its liberal interpretation of the provisions of the constitution makes it flexible and workable. This is called the

Doctrine of eclipse: 

It states that an existing law which is inconsistent with a fundamental right become inoperative from the date of the commencement of the constitution, it cannot be accepted as dead altogether.

To restate it: A law made before the commencement of the constitution remains eclipsed or dormant to the extent it comes
under the shadow of the fundamental rights

Doctrine of Severability:
A law becomes invalid only to the extent to which it is inconsistent with the fundamental rights. So only that part of the law will be declared invalid which is inconsistent, and the rest of the law will stand. However, on this point a clarification has been made by the courts that invalid part of the law shall be severed and declared invalid if really it is severable. This is known as Doctrine Severability.

Doctrine of implied power:

This is a Legal principle which states that, in general, the rights and duties of a legislative body or organization are determined from its functions and purposes as specified in its constitution or charter and developed in practice.

Doctrine of basic structure:
Doctrine of basic structure is the judge-made principle that certain features of the Constitution of India are beyond the limit of the powers of amendment of the Indian parliament. This doctrine, was first expressed in Kesavananda Bharati v. The State of Kerala. The basic structure doctrine applies only to the constitutionality of amendments and not to ordinary Acts of Parliament, which must conform to the entirety of the constitution and not just to its basic structure

Doctrine of colourable legislation:

It is based on the maxim that what cannot be done directly cannot also be done indirectly. It is only when a legislature having no power to legislate frames a legislation in a way that it is camouflaging the same as to make it appear to fall within its competence, the legislation thus enacted may be regarded as colourable legislation.

Doctrine of pith and substance

Pith means “true nature” or “essence” and substance means the essential nature underlying a phenomenon. Thus, the doctrine of pith and substance relates to finding out the true nature of a statute. This doctrine is widely used when deciding whether a state is within its rights to create a statute that involves a subject mentioned in Union List of the Constitution. The basic idea behind this principle is that an act or a provision created by the State is valid if the true nature of the act or the provision is about a subject that falls in the State list

Statement 1 is incorrect:

• They are present even today ,due to Cultural distinctness, political and administrative convenience and strategic importance.

Statement 2 is incorrect:

• Like other states Delhi can make laws on all matters of state list and concurrent list excluding police, land and public order.
• President can make regulation for peace, prosperity and good governance only in 4 UT’S Andaman & NIcobar, Daman & Diu, Dadra & Nagar Haveli, Lakshwadeep.

Election Commission of India

The main functions of the Election Commission of India are briefly discussed below:

Functions

Conduct and Supervision of Elections: The Election Commission conducts, directs, controls and supervises all elections to:

• Lok Sabha and Rajya Sabha of Parliament;
• State Legislative Assemblies and the Legislative Councils where it exists;
• The office of the President and Vice-President and
• All by-elections to Parliament and State Legislature.

Electoral Rolls: The Commission sees to it that correct electoral rolls are prepared. The names of all eligible voters irrespective of their religion, race, caste, sex or any of them, who are otherwise not disqualified under any law must be registered as voters. The Commission shall also try to photo-identity cards to the voters.

Staff Requisition: The Commission also requests the President or the Governor, as the case may be, to make available such staff and army as may be necessary for the smooth conduct of the elections.

Conduct of the Polls: Elections are hotly contested affairs, for different political parties try all possible means to have their candidates elected. The Election Commission has thus to be very vigilant in order to guard against malpractices including false voting, rigging, booth jams, managing the voting fraudulently etc. Peaceful and lawful conduct of polls depends very much on the joint endeavor of the State Government and the Election Commission.

Quasi Judicial Functions:  The Commission settles the disputes between the splinter groups of the recognized parties as its quasi-judicial jurisdiction. It ensures that Model Code of Conduct is followed by the political parties. It also sends its opinion to the higher courts in relation to the cases of the persons found guilty of corrupt practices.

Holding of by-elections: Whenever there is a mid-term vacancy in Parliament or State Legislature the Election Commission holds by-elections to fill up vacancies.

Cancellation of Polls:  But if the Commission, on the basis of information and findings, comes to the decision that the elections have been rigged at any polling booth, it has the power to cancel the elections of those booths and can order fresh re-poll in those booths.

Recognition of Political Parties and Allotment of Symbols:   Also acts as court for settling disputes realted to allotment of symbols to them.

Disqualifying the Candidates:  if he or she does not file election returns within a prescribed period.

Model Code of Conduct:

The Commission also observes the conduct of registered Political parties.

Union executive is part of the Parliament, and later controls the former through several ways, that is as following:

(i) Administrative Control: Generally, Parliament does not interfere in administrative matters but if any policy is formed in wrong way, Parliament may ask for explanations.

(ii) Legislative Control: While enacting any law in Parliament, the Government needs to explain its all provisions and answer questions asked by the MPs. Thus, it does not allow the executive to enact any arbitrary acts.

(iii) Financial Control: The Government is required to pass budget and financial bill in both the Houses. Parliament does not allow the Government to expense unnecessarily. The Government cannot withdraw any amount of money from the consolidates fund without Parliamentary authority.

(iv) Representative Control: MPs represents different sections of people. They ask questions to the executives as representatives and thus they save the interest of their people through representation.

(v) Collective and Individual Responsibility: The whole council of ministers in answerable to Lok Sabha for any step taken by any of the minister. Even the minister is answerable individually to the Lok Sabha for steps taken by his ministry. If Lok Sabha does not approve the act of the minister. The whole cabinet has to resign, because of collective responsibility.

Minerva Mill v. Union of India (1980)

In this case of Minerva Mill v.Union of India, the validity of 42nd amendment Act was challenged on the ground that they are destructive of the ‘basic structure’ of the Constitution. The Supreme Court by majority by 4 to 1 majority struck down clauses (4) and (5) of the article 368 inserted by 42nd Amendment, on the ground that these clauses destroyed the essential feature of the basic structure of the constitution. It was ruled by court that a limited amending power itself is a basic feature of the Constitution. The historical Judgment laid down that: The amendment made to Art.31C by the 42nd Amendment is invalid because it damaged the essential features of the Constitution. Clauses (4) and (5) are invalid on the ground that they violate two basic features of the Constitution viz. limited nature of the power to amend and judicial review.

Golak Nath vs. the State of Punjab (1967)

In 1967, in Golak Nath vs. The State of Punjab, a bench of eleven judges (such a large bench constituted for the first time) of the Supreme Court deliberated as to whether any part of the Fundamental Rights provisions of the constitution could be revoked or limited by amendment of the constitution. Secondly, the Supreme Court of India gave a momentous judgement on the 28th February ,1967 in the famous case of Golak Nath & others Vrs. State of Punjab by declaring that the Fundamental Rights were transcendental and inviolable and the Parliament of India had no power to take away or abridge any of the Fundamental Rights guaranteed by the Constitution by way of the Constitutional amendments. Their lordship felt that the liberty of the Individual in the Indian Constitution is subject to various “ reasonable restrictions” which are expressly mentioned in the Constitution and that no further limitations should be imposed on it at any time