Daily Quiz: UPSC Prelims Marathon – January 9, 2019

A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368.

Some of them are as follows:

1. Admission or establishment of new states.
2. Formation of new states and alteration of areas, boundaries or names of existing states.
3. Abolition or creation of legislative councils in states.
4. Second Scheduleemoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
5. Conferment of more jurisdictions to the Supreme Court.
6. Elections to Parliament and state legislatures.
7. Delimitation of constituencies.
8. Union territories.
9. Fifth Scheduleadministration of scheduled areas and scheduled tribes and Sixth Scheduleadministration of tribal areas. Etc

Both the statements are correct:

The Instrument of Accession of Jammu and Kashmir to India was signed by Pandit Jawaharlal Nehru and Maharaja Hari Singh on 26 October 1947.2 Under this, the state surrendered only three subjects (defence, external affairs and communications) to the Dominion of India. At that time, the Government of India made a commitment that the people of this state, through their own Constituent Assembly, would determine the internal Constitution of this state and the nature and extent of the jurisdiction of the Union of India over the state, and until the decision of the Constituent Assembly of the State, the Constitution of India could only provide an interim arrangement regarding the state.3 In pursuance of this commitment, Article 370 was incorporated in the Constitution of India. It clearly states that the provisions with respect to the State of J&K are only temporary and not permanent.

Both Statements are correct

• The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister. Article 164 only says that the Chief Minister shall be appointed by the governor. However, this does not imply that the governor is free to appoint any one as the Chief Minister. In accordance with the convections of the parliamentary system of government, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
• A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief Minister.3 According to the Constitution, the Chief Minister may be a member of any of the two Houses of a state legislature. Usually Chief Ministers have been selected from the Lower House (legislative assembly), but, on a number of occasions, a member of the Upper House (legislative council) has also been appointed as Chief Minister.

All the statements are correct:

• International Criminal Court (ICC) ICC based in The Hague, Netherlands is an intergovernmental organization and international tribunal.
• It has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity and war crimes.
• It was established by the Rome Statute which was adopted in July 1998 end entered into force in July 2002.
• The multilateral treaty of Rome Statute serves as the ICC’s foundational and governing document.
• Currently, there are 124 states which are party to Rome Statute and therefore members of the ICC (India and China are not its members).

Statement 1 is Incorrect:

The Oath of Office to the President of India is administered by Chief Justice of India and in his absence the senior most judge of Supreme Court available.

Statement 2 and 3 is Correct:

• In Order to be elected as President, one should be qualified for election as a member of the LokSabha.
• President cannot be arrested or imprisoned. However, after giving two months notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.

Statement 1 is correct:

The president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.

Statement 2, 3 and 4 are Incorrect:

• The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act of 1978.
• The 38th Amendment Act of 1975 made the declaration of a National Emergency immune from the judicial review. But, this provision was subsequently deleted by the 44th Amendment Act of 1978. Further, in the Minerva Mills case 4 , (1980), the Supreme Court held that the proclamation of a national emergency can be challenged in a court on the ground of malafide or that the declaration was based on wholly extraneous and irrelevant facts or is absurd or perverse.
• If approved by both the Houses of Parliament, the emergency continues for six months, and can be extended to an indefinite period with an approval of the Parliament for every six months. This provision for periodical parliamentary approval was also added by the 44th Amendment Act of 1978.

Statement 1 and 2 are incorrect:

• Like the Speaker, the Deputy Speaker is also elected by the LokSabha itself from amongst its members. He is elected after the election of the Speaker has taken place. The date of election of the Deputy Speaker is fixed by the Speaker.
• Deputy Speaker is not subordinate to the Speaker. He is directly responsible to the House.

Statement 3 is correct:

• The Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman.