Daily Quiz: UPSC Prelims Marathon – February 13, 2019

Statement 1 is incorrect. Formation of new state requires amendment in constitution under article 3 by simple majority and it is not considered as amendment under the article 368.

Statement 2 is correct. Special majority under article 368 required for amendment by parliament is the majority of the total membership of each House and a majority of two-thirds of the members present and voting. Amendment of the provisions related to federal features of the constitution requires consent of the half of the states along with the special majority.

The Panchayati Raj system aims to promote democracy in grass root level. The 73rd Amendment of the Constitution provided a provision for the mandatory creation of the Gram Sabha. As per the act, it would comprise of all the adult members registered as voters in the Panchayat area. Its role and functions are decided by State legislation.

Panchayati Raj is the third tier of the government aimed at development and social justice at the local level and acts as an instrument of decentralization of powers.

Statement 1 is correct. The Vice-President can be removed by a resolution of the Rajya Sabha passed by an absolute majority (i.e., a majority of the total members of the House) and agreed to by the Lok Sabha. But, no such resolution can be moved unless at least 14 days’ advance notice has been given.

Statement 2 is incorrect. The Rajya Sabha can discuss the Annual Financial Statement or the Budget.

Statement 3 is incorrect.  No-confidence motion can be moved only in Lok Sabha (or state assembly as the case may be). It is not allowed in Rajya Sabha (or state legislative council).

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.

DPSP are not legally enforceable in a court of law. However, Article 37 says that It shall be the duty of the State to apply these principles in making

Mentor Note: This is a direct question with level of difficulty as “easy”. A thorough reading of the chapter on Directive Principles of State Policy should help you clear basic concepts like the above. If you are not able to answer this question, you should be able to do so after a thorough reading of the text on DPSP from any standard book including Laxmikanth.

Parliament can legislate on State subjects under certain circumstances.

There are discussed below:

• 1. When a resolution is passed by the Rajya Sabha by two-thirds majority making it lawful for the Parliament to legislate on a subject mentioned in the State List in national interest (Art.249).
• 2. When a proclamation of emergency is in operation, the Parliament has the power to make laws for the whole or any part of India on any of the matters stated in the State List (Art.250).
• 3. When two or more States give their consent and pass resolutions for the same in their respective Legislatures to enable the Parliament to make a law on any matter listed in the State List (Art.252). Any such law will be applicable to only those States which have passed such resolution, not to all states.
• 4. The Parliament has the power to make laws for the whole or any part of India for implementing any treaty, agreement or convention with any other country or any decision made at any international conference etc. (Art.253)