Miscellanous Quiz: Revision |11 Apr, 2021

The Wild Life (Protection) Act (WPA) of 1972 provided for the declaration of National Parks by the State Government in addition to the declaration of wildlife sanctuaries.

National Parks are declared in areas that are considered to be of adequate ecological, geomorphologic and natural significance although within the law, the difference in conservation value of a National Park from that of a sanctuary is not specified in the WPA 1972.

National Parks enjoy a greater degree of protection than sanctuaries.

Certain activities which are regulated in sanctuaries, such as grazing of livestock, are prohibited in National Parks.

Source: Shankar page no: 175

The Chief Wild Life Warden may, on application, grant to any person a permit to enter or reside in a sanctuary/ National Park for all or any of the following purposes:

investigation or study of wildlife and purposes ancillary or incidental thereto

photography

scientific research

tourism

transaction of lawful business with any person residing in the sanctuary

Source: Shankar Page no: 176

The Amendment Act (Wildlife Protect Act, 1972) of 2003 provided for the creation of a new type of protected area called a Conservation Reserve.

It is an area owned by the State Government adjacent to National Parks and sanctuaries for protecting the landscape, seascape and habitat of fauna and flora.

It is managed through a Conservation Reserve Management Committee

The State Government may, after having consultations with the local communities, declare any area owned by the Government as conservation reserve.

Source: Shankar Page No: 177

The Bhitarkanika Wildlife Sanctuary (Odisha) is one of India’s biggest estuarine crocodile habitats and a major coastal eco-system.

It was declared as a National Park because of its ecological, faunal, floral, geomorphological and zoological association and importance and for the purpose of protection in 1998.

In August 2002, it was designated as the second Ramsar site (i.e., Wetland of International importance).

Source: The Hindu

The Animal Welfare Board of India is a statutory advisory body on Animal Welfare Laws and promotes animal welfare in the country.

The Animal Welfare Board of India, the first of its kind to be established by any Government in the world, was set up in 1962, in accordance with Section 4 of the Prevention of Cruelty to Animals Acts 1960.

Shrimati Rukmini Devi Arundale pioneered the setting up of the Board, with its Headquaters at Chennai. She guided the activities of the Board for nearly twenty years till her demise in 1986.

Source: Shankar page no: 321

The atapaka Bird Sanctuary, part of the Kolleru Lake (Andhra Pradesh), has been identified as the world’s largest home for the spot-billed pelican.

Source: The Hindu

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.

The expression ‘total membership’ means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees.

‘Strictly speaking, the special majority is required only for voting at the third reading stage of the bill but by way of abundant caution the requirement for special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill’.

The provisions which can be amended by this way include:

Fundamental Rights;

Directive Principles of State Policy; and

All other provisions which are not covered by the first and third categories.

Source: Indian Polity by Laxmikanth

Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.

• An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.
• The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.

• The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
• Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
• If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
• After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
• The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.

• After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act.

Source: Indian Polity by Laxmikanth

Article 355 imposes a duty on the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.

• It is this duty in the performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state.
• This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
• The President’s Rule can be proclaimed under Article 356 on two grounds —one mentioned in Article 356 itself and another in Article 365.

• The 38th Amendment Act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which could not be challenged in any court on any ground.
• But this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.
• In Bommai case (1994), the Supreme Court said that imposition of President’s Rule in a state under Article 356 is subject to judicial review.

Source: Indian Polity by Laxmikanth

The Indian President is the head of the state and he is also called the first citizen of India.

• He is a part of Union Executive, provisions of which are dealt with Article 52-78 including articles related to President (Article 52-62).

• All executive actions of the Government of India are formally taken in his name.
• The President appoints the comptroller and auditor general of India and he does not determine his salary and tenure.
• The salary and other conditions of service of the CAG are determined by the Parliament of India through “The Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act, 1971”.

Source: Laxmikanth