Daily Quiz: UPSC Prelims Marathon – February 21, 2018

Both the statements are correct. Hence, the answer is D.

The judges of the Supreme Court are appointed by the President in consultation with the members of judiciary itself. This provision curtails the absolute discretion of the executive and thus ensures that the judicial appointments are not based on any political or practical considerations.

Once appointed, the Chief Justice remains in office until the age of 65 years. The judges of the Supreme Court can be removed in the manner and on the grounds mentioned in the Constitution.

Both the statements are correct.

The Indian council Act of 1861 is an important landmark in the constitutional history of India for two reasons. First, it enabled the Viceroy of India to associate representatives of the Indian people with the work of legislation by nominating them to his expanded Council.  In 1862, Lord Canning, the then Viceroy, nominated three Indians to his legislative council – the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao. However, these non-official members could hardly play any effective role. No questions could be asked and the budget could not be discussed. Thus, it could not satisfy Indian aspirations.

Secondly, the Indian council Act of 1861 decentralized the legislative powers of the Viceroy’s council and vested them in the Governments of Bombay and Madras.

Both the statements are incorrect.

The Morley-Minto Reforms Act considerably increased the size of the legislative councils, both Central and provincial. The number of the members in the Central Legislative council was raised from 16 to 60.

The number of the members in the provincial legislative councils was not uniform.

This act introduced the system of communal representation for Muslims only under the concept of ‘separate electorate’.  Under this, the Muslim members were to be elected only by Muslim voters. That is why viceroy lord Minto came to be known as the Father of Communal Electorate.

Statement 1, 2 and 3 are correct.

Statement 4 is incorrect.

Indian Councils Act 1892 was the first step towards the beginning of representative government with indirect election in India.

Statement 1 is correct. Article 32 of the Constitution confers the right to remedies for the enforcement of the fundament rights of an aggrieved citizen. The right to get the Fundamental Rights protected is in itself a fundamental right.
Statement 2 is incorrect. The Supreme Court (under Article 32) and the High Courts (under Article 226) can issue the writs of Habeas corpus, mandamus, prohibition, certiorari and quo-warranto. Thus, the writ jurisdiction of Supreme Court is not both original and exclusive in enforcing Fundamental Rights.

Constitutionalism is a political philosophy based on the idea that government authority is derived from the people and should be limited by a constitution that clearly expresses what the government can and can’t do.

Fundamental rights act as limitations on the government powers like state must respect citizens’ right to express, speech, liberty. If the government did not respect these rights then the aggrieved citizen can approach judiciary for their enforcement. In this context they can act as constraints.

Directive Principles of State Policy are fundamental to the governance of a country. Fundamental duties are in fact constraints/limitations on the part of citizens not on the government. Fundamental duties do not limit the working of the government.

Statement is 1 correct. This act divided the Provincial subjects into two parts- transferred and reserved. Transferred subjects were to be administered by governor with the help of ministers while reserved list was to be administered by governor and his executive council. This was termed dual system of governance or Diarchy.

Statement 2 is correct. It replaced Indian Legislative Council with Bicameral legislature consisting of two houses. The elections to both the houses were largely by direct elections.

Statement 3 is correct. It separated, for the first time, provincial budgets from the Central budget and authorized the provincial legislatures to enact their budgets.

Statement 4 is incorrect. The separate electorate for Muslims was introduced in the act of 1909. This provision was extended to Sikhs, Indian Christians, Anglo Indians and Europeans.