Indian Polity Quiz: Revision | 13 June, 2021

The Constitution of India, being federal in structure, divides all powers (legislative, executive and financial) between the Centre and the states.

• However, there is no division of judicial power as the Constitution has established an integrated judicial system to enforce both the Central laws as well as state laws.
• Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the states.
• Articles 268 to 293 in Part XII of the Constitution deal with Centre state financial relations.

Source: Laxmikanth

The Constitution provides for a three-fold distribution of legislative subjects between the Centre and the states, viz., List-I (the Union List), List-II (the State List) and List-III (the Concurrent List) in the Seventh Schedule.

• The Government of India Act of 1935 provided for a three-fold enumeration, viz., federal, provincial and concurrent.
• The present Constitution follows the scheme of this act but with one difference, that is, under this act, the residuary powers were given neither to the federal legislature nor to the provincial legislature but to the governor-general of India.
• In this respect, India follows the Canadian precedent.

Source: Laxmikanth

The 80th Amendment was enacted to give effect to the recommendations of the 10th Finance Commission.

• The Commission recommended that out of the total income obtained from certain central taxes and duties, 29% should go to the states.
• This is known as the ‘Alternative Scheme of Devolution’ and came into effect retrospectively from April 1, 1996.

• This amendment has brought several central taxes and duties like Corporation Tax and Customs Duties at par with Income Tax (taxes on income other than agricultural income) as far as their constitutionally mandated sharing with the states is concerned.

Source: Laxmikanth

The President is elected not directly by the people but by members of Electoral College consisting of:

• the elected members of both the Houses of Parliament;
• the elected members of the legislative assemblies of the states; and

• the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

Thus, the nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Pondicherry do not participate in the election of the President.

Source: Laxmikanth

Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the:

• Punishment or sentence is for an offence against a Union Law;
• Punishment or sentence is by a court martial (military court); and
• Sentence is a sentence of death.

The pardoning power of the President is independent of the Judiciary; it is an executive power.

Source: Laxmikanth

Before the Prime Minister enters upon his office, the president administers to him the oaths of office and secrecy. In his oath of office, the Prime Minister swears:

• to bear true faith and allegiance to the Constitution of India,
• to uphold the sovereignty and integrity of India,
• to faithfully and conscientiously discharge the duties of his office, and

• to do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill will.

Source: Laxmikanth

The various comments made by the eminent political scientists and constitutional experts on the role of cabinet in Britain hold good in the Indian context also. These are mentioned below.

• Ramsay Muir: “The Cabinet is the steering wheel of the ship of the state.”

• Lowell: “The Cabinet is the keystone of the political arch”.
• Sir John Marriott: “The Cabinet is the pivot around which the whole political machinery revolves”.
• Gladstone: “The Cabinet is the solar orb around which the other bodies revolve”.

Source: Laxmikanth

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.

Source: Laxmikanth & Indian Express

The first session after each general election and the first session of every fiscal year is addressed by the president.

• In this address, the president outlines the policies and programmes of the government in the preceding year and ensuing year.
• This address of the president, which corresponds to the ‘speech from the Throne in Britain’, is discussed in both the Houses of Parliament on a motion called the ‘Motion of Thanks’.

Source: Laxmikanth

Financial bills are those bills that deal with fiscal matters, that is, revenue or expenditure. However, the Constitution uses the term ‘financial bill’ in a technical sense. Financial bills are of three kinds:

• Money bills–Article 110
• Financial bills (I)–Article 117 (1)
• Financial bills (II)–Article 117 (3)

Source: Laxmikanth