Daily Quiz: UPSC Prelims Marathon – January 30, 2019

Both the statements are correct

The Fundamental Rights guaranteed by the Indian Constitution can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression (i.e., external emergency) and not on the ground of armed rebellion (i.e., internal emergency).

Statement 1 is correct:

The Constitution can be amended in three ways:

a) Amendment by simple majority of the Parliament,

b) Amendment by special majority of the Parliament, and

c) Amendment by special majority of the Parliament and the ratification of half of the state legislatures.

The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 per cent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting.

Note: The provisions which can be amended special majority includes: (i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories. So the 2nd statement Incorrect.

Statement 2 is incorrect:

The following provisions can be amended by Special Majority of Parliament and Consent of States:

1. Election of the President and its manner.
2. Extent of the executive power of the Union and the states.
3. Supreme Court and high courts.
4. Distribution of legislative powers between the Union and the states.
5. Any of the lists in the Seventh Schedule.
6. Representation of states in Parliament.
7. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

Inter-State Water Dispute Tribunals Set-up So Far SI.

1. Krishna Water Disputes Tribunal- 1969- Maharashtra, Karnataka and Andhra Pradesh
2. Godavari Water Disputes Tribunal- 1969- Maharashtra, Karnataka, Andhra Pradesh, Madhya Pradesh and Orissa
3. Narmada Water Disputes Tribunal- 1969- Rajasthan, Gujarat, Madhya Pradesh and Maharashtra
4. Ravi and Beas Water Disputes Tribunal- 1986- Punjab and Haryana
5. Cauvery Water Disputes Tribunal- 1990- Karnataka, Kerala, Tamil Nadu and Puducherry
6. Second Krishna Water Disputes Tribunal- 2004- Maharashtra, Karnataka and Andhra Pradesh
7. Vansadhara Water Disputes Tribunal-2010- Odisha and Andhra Pradesh
8. Mahadayi Water Disputes Tribunal- 2010- Goa, Karnataka and Maharashtra

A cantonment board is established for municipal administration for civilian population in the cantonment area. It is set up under the provisions of the Cantonments Act of 2006—a legislation enacted by the Central government. It works under the administrative control of the defence ministry of the Central government.

A cantonment board consists of partly elected and partly nominated members. The elected members hold office for a term of five years while the nominated members (i.e., ex-officio members) continue so long as they hold the office in that station. The military officer commanding the station is the exofficio president of the board and presides over its meetings. The vice-president of the board is elected by the elected members from amongst themselves for a term of five years.

The executive officer of the cantonment board is appointed by the president of India. He implements all the resolutions and decisions of the board and its committees. He belongs to the central cadre established for the purpose.

Statement 1 is incorrect. For uniformity of legislation nationwide parliament make laws on matter present in Union list and concurrent list.

Statement 2 is incorrect. This is not the main objective as the constitution provides clear cut distribution of legislative powers between the Centre and the states.

Statement 3 is incorrect. There is a Parliamentary System of Government in India because the Council of Ministers is responsible to the Lok Sabha. It has nothing to do with residuary power of the Parliament.

Statement 4 is correct. Article 248 says that the parliament has exclusive power to make laws on matters not present in union list, State list and Concurrent list.

The Constitution can alter the boundaries of any state (Article 3). A Bill contemplating such an alteration can be introduced in the Parliament only with the prior recommendation of the President; and before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.

The President (or Parliament) is not bound by the views of the state Legislature and may either accept or reject them, even if views are received in time.

The Supreme Court in 1969 ruled that settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian Territory to a foreign country.

Indian Territory can be ceded to a foreign state only by amending the Constitution under Article 368.

Under Article 3, the Parliament is authorized to form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state. Such laws can be passed by a simple majority and by the ordinary legislative process.