Daily Quiz: UPSC Prelims Marathon- August 16

The discretionary power of governor is greater than that of the president.

Statement 2 is incorrect:

42nd constitutional amendment (1976) provides that aid and advice by council of minister binding on president. But no such provision with respect with governor was made.

Statement 2 is incorrect:

He cannot pardon a death sentence even if state law prescribes it . Pardoning power lies with president and not governor.

In a general sense, any Bill that relates to revenue or expenditure is a Financial Bill. A Money Bill is a specific kind of Financial Bill, defined very precisely: a Bill is deemed to be a Money Bill if it deals only with matters specified in Article 110 (1) (a) to (g). A Money Bill is certified by the Speaker as such — in other words, only those Financial Bills that carry the Speaker’s certification are Money Bills.

STATEMENT 2 IS INCORRECT:

A Bill of the first kind, like a Money Bill, can be introduced only in Lok Sabha, and only with the recommendation of the President. But other restrictions that apply to Money Bills do not apply to these Bills. Bills under Article 117 (3) can be introduced in either House, though the President’s recommendation is essential for their consideration, and therefore, passage.

NATIONAL COMMISSION ON SC

ARTICLE -338

Quasi-judicial body

It  Monitors and reports working of constitutional safeguards for SC’s (including OBC’s and ST’s)

While investigation and inquiry, has all the powers of a civil court.

SPECIAL LINGUSTIC OFFICER

ARTICLE-350B

Monitors constitutional safeguards provided to linguistic minorities.

Important learning: 

GST Council

As per Article 279A of the amended Constitution, the GST Council which will be a joint forum of the Centre and the States, shall consist of the following members: –

1. a) Union Finance Minister                                          –           Chairperson
2. b) The Union Minister of State,

In-charge of Revenue of finance                           –           Member

1. c) The Minister In-charge of finance or

Taxation or any other Minister nominated

by each State Government                                    –           Members

As per Article 279A (4), the Council will make recommendations to the Union and the States on important issues related to GST, like the goods and services that may be subjected or exempted from GST, model GST Laws, principles that govern Place of Supply, threshold limits, GST rates including the floor rates with bands, special rates for raising additional resources during natural calamities/disasters, special provisions for certain States, etc.

National Commission for Socially and Educationally Backward Classes (NSEBC)

It will replace the existing National Commission for Backward Classes (NCBC), created in response to a Supreme Court ruling in 1992; it examines and recommends requests for inclusion and exclusion in the list of Other Backward Classes or OBCs.National Commission for Socially and Educationally Backward Classes will become as a constitutional body by making an amendment to the Constitution, mainly by insertion of Article 338B.

Statement 1 is incorrect because it cannot be issued against private body

Mandamus means “we command”.  This writ is a command issued by court to a public official, public body, corporation, inferior court, tribunal or government asking them to perform their duties which they have refused to perform. Due to this, Mandamus is called a “wakening call” and it awakes the sleeping authorities to perform their duty. Mandamus thus demands an activity and sets the authority in action. Mandamus cannot be issued against the following:

• A private individual or private body.
• If the duty in question is discretionary and not mandatory.
• Against president or governors of state
• Against a working chief justice
• To enforce some kind of private contract.

A petition for writ of mandamus can be filed by any person who seeks a legal duty to be performed by a person or a body. Such a filing person must have real or special interest in the subject matter and must have legal right to do so.

RCEP is a proposed comprehensive regional economic integration agreement (mega Free Trade Agreement) amongst the 10-ASEAN countries (Brunei, Indonesia Cambodia, Laos, Myanmar, Malaysia, Philippines, Thailand, Singapore and Vietnam) and its six Free Trade Agreements (FTAs) partners, viz. Australia, New Zealand, India, China, Japan and Korea.

Statement 1 is incorrect because Pro-term speaker is appointed by President of India and not chief justice of India

Important Learning:

• After a general election and the formation of a new government, a list of senior Lok Sabha members prepared by the Legislative Section is submitted to the Minister of Parliamentary Affairs, who selects a protem speaker. The appointment has to be approved by the president.
• The first meeting after the election when the Speaker and the Deputy Speaker are selected by members of the Parliament is held under the pro tem Speaker. In absence of the Speaker, the Deputy Speaker acts as Speaker and in the absence of both a committee of six member selected by the Speaker will act as Speaker according to their seniority.