Daily Quiz: UPSC Prelims Marathon (Polity & International relations) – July 22, 2020

Under article 75(3) of the Constitution, the Council of Ministers is collectively responsible to Lok Sabha which means Rajya Sabha cannot make or unmake the Government.

• It can, however, exercise control over the Government and this function becomes quite prominent, particularly when the Government does not enjoy majority in Rajya Sabha.
• Ministers may belong to either House of Parliament.  The Constitution does not make any distinction between the Houses in this regard.
• Every Minister has the right to speak and take part in the proceedings of either House but he is entitled to vote only in the House of which he is a member.
• Similarly, with regard to powers, privileges and immunities of the Houses of Parliament, their members and committees thereof, the two Houses are placed absolutely on equal footing by the Constitution.
• Other important matters in respect of which both Houses enjoy equal powers are election and impeachment of the President, election of the Vice-President, approving the Proclamation of Emergency, the proclamation regarding failure of constitutional machinery in States and financial emergency.  In respect of receiving reports and papers from various statutory authorities, etc., both Houses have equal powers.

In a parliamentary democracy, Parliament has broadly two functions, which are lawmaking and oversight of the executive branch of the government.

• Parliament is the embodiment of the people’s will. Committees (Parliamentary standing committees) are an instrument of Parliament for its own effective functioning.
• Given the volume of legislative business, discussing all Bills under the consideration of Parliament in detail on the floor of the House is impossible.
• Committees are platforms for threadbare discussion on a proposed law.
• At least in principle, the assumption is that the smaller cohort of lawmakers, assembled on the basis of the proportional strength of individual parties and interests and expertise of individual lawmakers, could have more open, intensive and better informed discussions.
• Committee meetings are ‘closed door’ and members are not bound by party whips, which allows them the latitude for a more meaningful exchange of views as against discussions in full and open Houses where grandstanding and party positions invariably take precedence.

In the parliamentary system, the legislature and the executive are together and inseparable.

• The cabinet acts as the leader of legislature as well as the executive.
• As Bagehot points out, ‘the cabinet is a hyphen that joins the buckle that binds the executive and legislative departments together.’
• Hence, the whole system of government goes against the letter and spirit of the theory of separation of powers. In fact, there is a fusion of powers.

As per the Constitutional provision under Article 244 (1) of the Constitution of India, the ‘Scheduled Areas’ are defined as ‘such areas as the President may by order declare to be Scheduled Areas’ – as per paragraph 6(1) of the Fifth Schedule of the Constitution of India.

• The specification of “Scheduled Areas” in relation to a State is by a notified order of the President, after consultation with the Governor of that State.
• In accordance with the provisions of paragraph 6(2) of the Fifth Schedule of the Constitution of India, the President may increase the area of any Scheduled Area in a State after consultation with the Governor of that State; and make fresh orders redefining the areas which are to be Scheduled Areas in relation to any State.
• The same applies in the case of any alteration, increase, decrease, incorporation of new areas, or rescinding any Orders relating to “Scheduled Areas”.
• At present, Scheduled Areas have been declared in the States of Andhra Pradesh (including Telangana), Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

The criteria for declaring any area as a “Scheduled Area” under the Fifth Schedule are:

• Preponderance of tribal population,
• Compactness and reasonable size of the area,
• A viable administrative entity such as a district, block or taluk, and
• Economic backwardness of the area as compared to the neighbouring areas.

These criteria are not spelt out in the Constitution of India but have become well established. Accordingly, since the year 1950 to 2007 Constitutional Order relating to Scheduled Areas has been notified.

The higher judiciary appeared to be the sole exception to this English-to-Hindi journey as Article 348(1) stipulates the use of English in the Supreme Court and High Courts as well as for drafting Bills, Acts and Orders.

But Article 348(2) read with Section (7) of the Official Languages Act 1963 provides for Hindi or other official languages to be used in High Courts “in addition to English”.

The budget goes through the following six stages in the Parliament:

• Presentation of budget.
• General discussion.
• Scrutiny by departmental committees.
• Voting on demands for grants.
• Passing of appropriation bill.
• Passing of finance bill.

Each state having scheduled areas has to establish a tribal advisory council to advice on welfare and advancement of the scheduled tribes.

• It is to consist of 20 members, three-fourths of whom are to be the representatives of the scheduled tribes in the state legislative assembly.
• A similar council can also be established in a state having scheduled tribes but not scheduled areas therein, if the president so directs.

The Central Administrative Tribunal (CAT) was set up in 1985 with the principal bench at Delhi and additional benches in different states.

• At present, it has 17 regular benches, 15 of which operate at the principal seats of high courts and the remaining two at Jaipur and Lucknow.
• These benches also hold circuit sittings at other seats of high courts.
• The CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it.
• Its jurisdiction extends to the all-India services, the Central civil services, civil posts under the Centre and civilian employees of defence services.
• However, the members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by it.
• The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is guided by the principles of natural justice.
• These principles keep the CAT flexible in approach. Only a nominal fee of 50 is to be paid by the applicant. The applicant may appear either in person or through a lawyer.

Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

• It may be noted that 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.
• The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet.
• This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister.
• In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet. The cabinet was informed of the proclamation after it was made, as a fait accompli.
• The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.

A person to be appointed as a judge of the Supreme Court should have the following qualifications:

1. He should be a citizen of India.
2. (A) He should have been a judge of a High Court (or high courts in succession) for five years; or (B) He should have been an advocate of a High Court (or High Courts in succession) for ten years; or (C) He should be a distinguished jurist in the opinion of the president.

From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.