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Doubt Clearance Thread: UPSC 2021

According to most CA magazine and websites BRICS New Development Bank has equal voting rights.

But according to their website The voting power of each member shall equal its subscribed shares in the capital stock of the Bank 

In some tests I have seen the 1 st statement as correct . Is it correct or not ?

https://www.ndb.int/about-us/organisation/governance/#shares

Jyada mat sochiye. Equal hi h voting rights as subscribed capital stock is also equally shared. Future m koi change hoga to badlega. But as of now they have 50 bn stocks divided equally. Later on they may add suppose 2 bn each, Raising overall stock to 60bn - still keeping share %age equal - hence equal voting rights ! 

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BGPsaid

Which of the following limit(s) the Sovereignty of the Indian Parliament?

1. Written nature of the Constitution

2. Federal system of government

3. System of judicial review

4. Directive Principles of State Policy

Select the correct answer using the code given below.

(a) 1, 2 and 3 only

(b) 2 and 4 only

(c) 3 only

(d) 1, 2, 3 and 4


The answer given is A  --Reason for exclusion of DPSP isNon-justiciable  and hence doesn't limit sovereignty of Parliament.

But DPSP are also used as reference by court for constitutional validity of law. Also DPSP are the ideals which parliament should keep in mind while formulating laws. Then in my opinion it is limiting the sovereignty of parliament. 

Am i Wrong? 

By that logic they may be expanding the sovereignty of parliament sometimes ! For ex Some FRs can be limited by Parliament by law if the law is in sync with DPSPs like Art 39 ! = So removing/reducing constitutional limits imposed on state.


But legally as they are non justifiable and state will & capacity based aspect - The DPSPs can not be called as limitations per se. 

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Decision of Speaker regarding declaring a bill as money bill is not open to judicial review. Is this statement correct as given in laxmikanth, in the light of 2018 Aadhar judgement. Please clarify what should be the final position. Thanks

Leave exceptions and accept generalized views given in the standard books especially NCERTs. In law matters, until and unless honorable SC with a CONSTITUTIONAL BENCH ANNOUNCES (not just do it) something NEW as future truth, only previous truth shall be accepted. 


So as of now, Laxminkanth view stands true if asked as a general statement. But if upsc clearly add riders like NO MONEY BILL DECISION EVER CHALLENGED IN SC then it should be untrue. 



(https://m.economictimes.com/news/politics-and-nation/supreme-court-to-examine-whether-lok-sabha-speakers-decision-can-be-scrutinised/articleshow/62544147.cms)


I hope this clear your doubt. Apply same to all such polity / law doubts. 

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What is the difference between appointment by President and appointment by Central government.. 


It's difference of day and night. When someone is appointed by Hon'ble Pres - s/he is protected by Him/her and stays till his Pleasure (maximum job security ideally !). If ministry appoints you, you stays till pleasure of the minister. That means political compulsions can get you out in more easily if you are later category civil servant. All India Services appointed by Mahamahim - so protected under Art 311 which is extra tight article for protection of civil servants.

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I didn't found in any credible source that whip has given statutory status. Rajya sabha website doesn't have such mention. So, I am going with Whip as parliamentary convention.

https://rajyasabha.nic.in/rsnew/practice_procedure/oppo.asp#WH

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What is the difference between Waman Rao case and I.R.Coelho case?

Waman rao case was the case like when Modi ji was declared as People's Love in 2014. I R Coelho was the case like when Modi ji was re-confirmed VERY CLEARLY, OBJECTIVELY AND MORE LOUDLY as People's Love in 2019 ! 


Simply speaking - Both examined the Ninth Schedule validity post Keshwanand bharti BUT IRC case was more clear,more wide (like enabled RIGHTS TEST in examining 9th schedule laws etc) and more objective assertion by the hon'ble SC about Ninth Schedule and Basic structure doctrine relationship. :) 


Isse jyada mat padna, upsc mein koi kaam nahi aayega. Just remember both dealt with ninth schedule validity issue post Keshavananda !!

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Neyawnsaid

» show previous quotes

+1 

It is really get to see your enthusiastically answer the questions, sire!

When I was selected for a certain govt job, long back, I quickly checked who the appointing authority was. It was the Central Govt. The appointment letter was signed by Additional or Under Secy Rural Development. 

What does this mean?

This means that anytime the Central Govt wanted , they could remove me with just a letter signed by the Secy, Rural Development. 

When you are appointed to the All India Services, the appointment is by the President, who , is also the authority who can remove such officials. 

This means that if the govt quickly wants to remove someone, they have send the letter to President. While the President is bound to follow the advice, note that President may apply his mind to such recommendations. Or even sit on it for a long time ( The pocket of Indian President , as you may have read is deeper than the American President ). So it is not easy for central govts to remove someone appointed by the President. If for some reason that President is not happy, he may require additional information from the Govt.

So this makes a lot of difference.

Also, with respect to submission of reports, if a Constitutional Body is there, then it is most likely to submit its report to the President than the Govt. That additional layer of having the President takes away a lot of whims and facies of the govt in effect.

Please also note that when governments are in absolute majority, neither the President not the Supreme Courts are able to withstand executive pressure. 

Sir does that mean security of appointment in the ascending order would be (in case of central govt appointments): central govt

Also sir, governor is appointed by President, but his removal depends on whims of the President (cabinet)? How does that mean that appointment by President guarantees more security then?

@Yo_Yo_Choti_Singh @Neyawn 

AIS Appointment by Prez + Art 312 = Best protection for Civil Servants in India


Governor is not a civil servant under Art 312 protection, hence can't be compared. Though ideally it should not be the case !

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How to prepare polity for both mains and prelims from scratch.

I mean from ncerts to Laxmikant.

Once finish laxmi quickly.. then start with last 6 7 years polity Previous Year pre Questions.. see the trends and read ncerts again with those trend focus attitude.. fir laxmikant bhi vese hi quickly important chapters focussed reading.. For mains..  mains PYQs >>Write 1 2 questions daily from some famous test series etc and compare with model answers or ask any known senior to evaluate.. 



Basic framework.. u can change as per ur thinking.. but keep PYQs and SYLLABUS as ur bible always .. daily morning bss 10 minutes dekhne ka routine bna lo :) 


Best wishes ! #Hum_Honge_Kamyaab_Ek_Din

4.9k views

Neyawnsaid

» show previous quotes

+1 

It is really get to see your enthusiastically answer the questions, sire!

When I was selected for a certain govt job, long back, I quickly checked who the appointing authority was. It was the Central Govt. The appointment letter was signed by Additional or Under Secy Rural Development. 

What does this mean?

This means that anytime the Central Govt wanted , they could remove me with just a letter signed by the Secy, Rural Development. 

When you are appointed to the All India Services, the appointment is by the President, who , is also the authority who can remove such officials. 

This means that if the govt quickly wants to remove someone, they have send the letter to President. While the President is bound to follow the advice, note that President may apply his mind to such recommendations. Or even sit on it for a long time ( The pocket of Indian President , as you may have read is deeper than the American President ). So it is not easy for central govts to remove someone appointed by the President. If for some reason that President is not happy, he may require additional information from the Govt.

So this makes a lot of difference.

Also, with respect to submission of reports, if a Constitutional Body is there, then it is most likely to submit its report to the President than the Govt. That additional layer of having the President takes away a lot of whims and facies of the govt in effect.

Please also note that when governments are in absolute majority, neither the President not the Supreme Courts are able to withstand executive pressure. 

Sir does that mean security of appointment in the ascending order would be (in case of central govt appointments): central govt

Also sir, governor is appointed by President, but his removal depends on whims of the President (cabinet)? How does that mean that appointment by President guarantees more security then?

@Yo_Yo_Choti_Singh @Neyawn 

AIS Appointment by Prez + Art 312 = Best protection for Civil Servants in India


Governor is not a civil servant under Art 312 protection, hence can't be compared. Though ideally it should not be the case !

IMO if Sarkaria commission's recomm regarding Governor is implemented then many of the current issues could be resolved, but catch is no one willing to share power only it's usurpation

Yupp. But problem is Who will bell the cat ? Jese state govt Police reforms nahi chahti vese hi Center governor related reforms nhi chahti.. irrespective of party.. it's basic political cost benefits analysis

4.9k views
Is it really necessary to read from india year book? If you can tell

If u r a fresher u SHOULD refer some important chapter as it's necessary that u KNOW your country better than an average citizen if u want to get into its bureaucracy !!


Otherwise if u have read it once,then u can think about alternative indirect learnings. 


I will suggest u to read once !

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This isn’t a previous year question.But what should be the answer to this question?


Which of the following correctly defines Fiscal Deficit?

(a)Excess of total expenditure over revenue receipts and non-debt creating capital receipts

(b)Borrowings from RBI, abroad as well as net borrowing at home

(c)Excess of government’s total expenditure over total receipts

(d)Both (a) and (b)


In my opinion, the answer should be (a). But the answer key says (d).

D hi sahi h. Budget Deficit concept was discarded after S Chakraborty etc pointed out that it was including borrowings too which was nothing but the amount taken by govt to bridge the gap between it's expenditure and revenue. So FD came which is both A and B technically. 

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Who appoints chief sec of state? Is it CM or Governor? Confused :) 

SELECTED (Appointed) by CM.. But order always passed in the name of Governor.. answer will be CM only 

7.1k views

Consider the following statements regarding the Elections to the Rajya Sabha:

1. The number of seats allotted to the states in the Rajya Sabha has been provided as per the provisions of the Representation of People's Act 1950.

2. As per the Constitution of India, the term of Members of the Rajya Sabha is six years.

3. The election of the members of the Rajya Sabha is held by an open ballot system.

Which of the statements given above is/are correct?

a 1 and 2 only
b 1 and 3 only
c 3 only
d 1, 2 and 3

Explanation

Option (b) - 1 and 3 only is the correct answer.

Statement 1 is correct. As per article 80, the allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the fourth Schedule

Statement 2 is incorrect. As per article 83, the council of States shall not be subject to dissolution, but as nearly as possible one third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. The Constitution of India does not provide for a term for members of Rajya Sabha. It is provided by the Representation of People's Act.

Statement 3 is correct. In elections to the Council of States, a system of Open ballot is adopted in voting. Every political party which has its member(s) as MLAs can appoint an authorized agent to verify as to whom its members have voted. The authorized agent will be seated inside the polling station in seats provided by the R.O. In case of MLAs who are members of political parties, after they mark the vote and before inserting the ballot box, are required to show the marked ballot paper to the authorized agent of their party.

Source) https://timesofindia.indiatimes.com/india/cross-voting-in-rs-polls-defeat-both-open-and-secret-voting-system/articleshow/63457938.cms

Subject) Polity (Bills and Acts)

Topic) Indian Parliament

Nature) Moderate/3-statements/Factual/ Current

Relevance) Indian Parliament is an important topic for the Examination and is repeatedly asked by UPSC.

Doubt:No. of seats to be allocated to states in Rajya Sabha is provided by Constitution or RPA, 1951?

Constitution. Art 80 + Fourth Schedule. Given answer is wrong. 

6.8k views
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