Daily Quiz: UPSC Prelims Marathon – February 20, 2019

The parliamentary government or cabinet government or responsible government or Westminster model of government and is prevalent in Britain, Japan, Canada, India among others.

The presidential government, on the other hand, is also known as non-responsible or non-parliamentary or fixed executive system of government and is prevalent in USA, Brazil, Russia, Sri Lanka among others.

The 42nd and 44th Amendment Acts of 1976 and 1978 respectively have made the ministerial advice binding on the president.

The Constitution of India has provided for a parliamentary form of government. Consequently, the President has been made only a nominal executive; the real executive being the council of ministers headed by the prime minister. In other words, the President has to exercise his powers and functions with the aid and advise of the council of ministers headed by the prime minister. The President may return a matter once for reconsideration of his ministers, but the reconsidered advice shall be binding. Hence, Statement 1 is correct.

Statement 2 is incorrect. The council of ministers shall be collectively responsible to the Lok Sabha (Article 75). This provision is the foundation of the parliamentary system of government.

Statement 1 is incorrect. Unlike the case of Fundamental Rights, the courts cannot declare a law violative of any of the Directive Principles as unconstitutional.

The courts can only uphold the validity of a law on the ground that it was enacted to give effect to a directive principle. They cannot declare a law invalid for violation of DPSPs.

Statement 2 is correct. The DPSP’s are guiding principles for the state to follow. They cannot be implemented without legislation unlike the Fundamental Rights.

Statement 1 and 2 are correct.

The Comptroller and Auditor General of India (CAG) resign any time from his office by addressing the resignation letter to the President.

The Comptroller and Auditor General of India (CAG) can also be removed by the president on same grounds and in the same manner as a judge of the Supreme Court. Thus, 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.

Statement 3 is incorrect. No minister can represent the CAG in Parliament (both Houses) and no minister can be called upon to take any responsibility for any actions done by him.

Statement 1 is incorrect. The Attorney General (AG) is appointed by the president. He must be a person who is qualified to be appointed a judge of the Supreme Court. He must be a citizen of India and he must have been a judge of some high court for five years or an advocate of some high court for ten years or an eminent jurist, in the opinion of the President.

Statement 2 is correct. The term of office of the AG is not fixed by the Constitution. Further, the 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. He may also quit his office by submitting his resignation to the president. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.

‘Amendments’ not ‘deemed’ to be so there are some provisions in the Indian Constitution that may be amended by the parliament but such ‘amendments’ are not considered- ‘deemed’ – Constitution amendments. The reason is that the procedure for such changes is not found in Article 368; the process requires only a simple majority in the Parliament; some of them are of consequential nature (Art. 4 and 169, for example). The following are such provisions in the Constitution:

• Admission or establishment of new States or formation of new states and alteration of areas, boundaries or names of existing States; changes in First and Fourth Schedules as a result (Art.4)
• Art. 11 empowers Parliament to make laws related to certain aspects of citizenship
• Parliament can amend Second Schedule to revise the salaries of certain Constitutional dignitaries
• Creation or abolition of Legislative Councils in States(Art.169)
• Fifth and Sixth Schedules – administration and control of Scheduled Areas and Scheduled tribes; administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram respectively; amendment of Scheduled Castes and Scheduled Tribes Orders
• Art.239A relating to creating an Assembly or Council of Ministers in a UT.
• Art. 105(3) contains parliamentary privileges until Parliament defines them.

The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. The basic features of the Constitution have not been explicitly defined by the Judiciary, and the claim of any particular feature of the Constitution to be a “basic” feature is determined by the Court in each case that comes before it.

The Thirty-ninth Amendment of the Constitution of India, enacted on 10 August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975-1977. It was struck down by Supreme court as ultra vires the constitution.