Daily Quiz: UPSC Prelims Marathon – November 14, 2018

Statement 1 is correct. Article 280 provides for a Finance Commission as a quasi-judicial body.

Statement 2 is correct. The Finance Commission is constituted by the President every fifth year or even earlier.

Statement 3 is incorrect. The Finance Commission consists of a chairman and four other members to be appointed by the President.

Note:

The 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.

Statement 1 is incorrect. The Constitution authorises the Parliament to determine the qualifications of members of the commission and the manner in which they should be selected.

Statement 2 is correct. Through the Finance Commission Act, 1951; the Parliament has specified the qualifications of the chairman and members of the commission.The chairman should be a person having experience in public affairs and the four other members should be selected from amongst the following:

1. A judge of high court or one qualified to be appointed as one.
2. A person who has specialized 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.

The chairperson of a Panchayat at the village level shall be elected in such manner as the state legislature determines.

The President is elected not directly by the people but by members of Electoral College consisting of:

1. The elected members of both the Houses of Parliament;
2. The elected members of the legislative assemblies of the states; and
3. The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry. This provision was added by the 70th Constitutional Amendment Act of 1992 with effect from June 1, 1995.

The nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President. Where an assembly is dissolved, the members cease to be qualified to vote in presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election.

Statement 1 is correct. Article 74 (1) says that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall in the exercise of his functions, act in accordance with such advice.

Statement 2 is incorrect. The President may require the Council of Ministers to reconsider such advice. After such a reconsideration, the President has to accept such an advice.

Statement 3 is incorrect. Whenever a council of minister resigns, it shall continue as caretaker government until the next council of ministers swears in. Thus, there shall always be a council of minister to aid and advice the President.

All the statements are correct.

The Constitution expressly secure the predominance of the Union List over the State List and theConcurrent List, and that of the Concurrent List over the State List. Thus, in case of overlapping between the Union List and the State List, the former should prevail.

In case of overlapping between the Union List and the Concurrent List, it is again the former which should prevail. Where there is a conflict between the Concurrent List and the State List, it is the former that should prevail.

In case of a conflict between the Central law and the state law on a subject enumerated in theConcurrent List, the Central law prevails over the state law. But, if the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state. But, it would still be competent for the Parliament to override such a law by subsequently making a law on the same matter.

Statement 1 is correct.The number of members to be elected from each State has been fixed by the fourth schedule of the Constitution.

Statement 2 is incorrect. Only the elected members of the state assemblies elect the members of the Rajya Sabha from that state.

Statement 3 is incorrect. Every two years, one third members of the Rajya sabha complete their terms. Thus, elections are held every second year.