Daily Quiz: UPSC Prelims Marathon – April 4, 2018

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.

After the partition of the country in 1947, the Constituent Assembly, consisted of 299 members as on 31st December 1947. Of these 229 members were elected by the provincial assemblies and the rest were nominated by the rulers of the princely states. Majority of the members in the Constituent Assembly belonged to the Congress party. All prominent leaders of the freedom movement were members of the Assembly.

Both the statements are incorrect.

An independent member of a House (elected without being set up as a candidate by any political party) becomes disqualified to remain a member of the House if he joins any political party after such election.

If a member, after being elected as the presiding officer of the House, voluntarily gives up the membership of his party or rejoins it after he ceases to hold that office. This exemption has been provided in view of the dignity and impartiality of this office.