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[Solution] – Monday Polity Quiz #3

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The Monday Polity Quiz #3

 

[Solutions]

Q.1) There is a parliamentary system of government in India because
a) The Lok Sabha is directly elected by the people
b) The Parliament can amend the Constitution
c) The Rajya Sabha cannot be dissolved
d) The Council of Ministers is responsible to the Lok Sabha

Ans- [D]

Explanation- Constitution of India provides for a parliamentary system of government modelled on the British pattern, the council of ministers headed by the Prime Minister is the real executive authority in our politico-administrative system. The fundamental principle underlying the working of parliamentary system of government is the principle of collective responsibility. All ministers own joint responsibility to the lok sabha for all their acts of omission and commission. They swim and sink together. When Lok sabha passes a no confidence motion against the council of ministers, all the ministers have to resign including those who are from the Rajya Sabha.

Two articles, article 74 and article 75 deal with them in a broad manner.

Article 74:

There shall be a Council of Ministers with the PM at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advises. Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advises tendered after such reconsideration.

Article 75:

Other provisions as to Ministers

(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister

(2) The total number of ministers including the PM in the council of ministers shall not exceed 15% of the total strength of the Lok Sabha. The Provision was added by the 91st amendment act of 2003.

(3) The Minister shall hold office during the pleasure of the President

(4) The Council of Ministers shall be collectively responsible to the House of the People

(5) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule

(6) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister

(7) The salaries and allowances of Ministers shall be such as Parliament may from time to time

 

Q.2) As far as Armed Forces are concerned, the fundamental rights granted under Articles 14 and 19 are:

  1. Available only at the discretion of the Chief of Army Staff
  2. Available only according to law made by the Parliament
  3. Not available at all

Choose the correct answer using the codes given below:
a) 1 only
b) 2 only
c) 3 only
d) None of the above

Ans- [B]

Explanation: Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of the armed forces, para military forces, police forces, intelligence agencies and analogous forces. Article 33 text says following:

Article 33: Power of Parliament to modify the rights conferred by this Part in their application etc.

Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,

(a) the members of the Armed Forces; or

(b) the members of the Forces charged with the maintenance of public order; or

(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or

(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

This means that Power to make laws under article 33 is conferred only on Parliament and not on any body else. Any such laws made by Parliament can not be challenged in any court on the grounds of contravention of fundamental rights. Parliament has enacted Army act of 1950, Navy act of 1950, the Air Force act of 1950, Police forces (Restriction of Rights) act, 1950 and so on.  They imposes restrictions on their freedom of speech, right to form associations, right to be members of the trade unions or political association, right to communicate with the press, right to attend public meetings etc.

Thus, statement 1 and 3 are wrong.

Q.3) Consider the following statements:

  1. A person born on the 26th of January, 1951 in Rangoon whose father was a citizen of India by birth at the time of his birth is deemed to be an Indian citizen by descent.
  2. A person born on the 1st of July, 1988 in Itanagar whose mother is a citizen of India at the time of his birth but the father is not, is deemed to be a citizen of India by birth.

Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Ans- [C] Citizenship act of 1955 prescribes five ways of acquiring citizenship, Birth, descent, registration, naturalisation and incorporation of territory.
Statement 1 is correct. Citizenship by descent clause says a person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India at the time of his birth.
A person born outside India on or after 10th December 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.

Statement 2 is correct. Citizenship by birth clause says, a person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents.

A person born in India on or after 1st July 1987 is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth.

Q.4) During a proclamation of emergency due to the breakdown of constitutional machinery in a State, the President can

  1. Assume all powers vested in and exercisable by the Governor
  2. Declare that the powers of the State Legislature shall be exercised by the Parliament
  3. Assume certain powers of the High Court
  4. Suspend by order any or all Fundamental Rights except those under Articles 20 and 21

Choose the correct answer using the codes given below:
a) 1 and 2 only
b) 1 and 3 only
c) 2 and 4 only
d) 1, 2 , 3 and 4

Ans- [A]

Explanation- When President’s rule is imposed in the state than state legislature is either suspended or dissolved. As president’s rule is constitutional emergency under article 356, president can do the following:

  1. He can take up the functions of the state govt. and powers vested in the governor or any other executive authority of the state. He can promulgate ordinances too. Statement 1 is correct thus.
  2. He can declare that power of the state legislature shall be exercised through Parliament. Statement 2 is correct.
  3. He can take all other necessary steps including the suspensions of the constitutional provisions relating to anybody or state authority.

President in no situation can exercise powers of a high court.

Statement 4 is is a situation that arises in case of National emergency.

Therefore, Option A is correct.

Q.5) Consider the following statements in the context of the President of India

  1. He has the pardoning power in respect to a sentence by court martial
  2. He can grant reprieve and respite in case of punishment for an offense against any law of the land
  3. He alone can pardon a sentence of death
  4. His exercise of the power of pardon is open to judicial review

Which of the above statements is/are NOT correct?
a) 1 and 3 only
b) 2 and 3 only
c) 1 and 4 only
d) 2 and 4 only

Ans- 2 only

Explanation- 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:

  1. Punishment or sentence is for an offence against a Union Law. As statement 2 is saying ‘against any law of the land’ which includes state law too, this statement stands incorrect.
  2. Punishment or sentence is by a court martial. Statement 1 is correct.
  3. Sentence is a sentence of a death.

In a landmark judgment Epuru Sudhakar & Anr vs Govt. Of A.P., it was held by the Supreme Court that it is a well-set principle that a limited judicial review of exercise of clemency powers is available to the Supreme Court and High Courts. Granting of clemency by the President or Governor can be challenged on the following grounds:
a. The order has been passed without application of mind.
b. The order is mala fide.
c. The order has been passed on extraneous or wholly irrelevant considerations.
d. Relevant material has been kept out of consideration.
e. The order suffers from arbitrariness.

Therefore, statetment 4 is also correct.

President only can ‘pardon’ a death sentence. Governor can ‘suspend’ ‘remit’ or ‘commute’ a death sentence. Hence, statement 3 is correct.

Q.6) English is the official language of which of the following states?
a) Manipur
b) Nagaland
c) Karnataka
d) Kerala

Ans- [B]

Explanation– Nagaland has English as an official language. In Manipur, Karnataka and Kerela it is used as an additional official language along with Manipuri, Kannada and Malyalam respectively which is official languages of the states.

Q.7) Which of the following is/are correct regarding the office of Attorney General of India?

  1. He is a member of the cabinet
  2. He can speak in either House of Parliament
  3. He must be qualified to become a Judge of the Supreme Court
  4. His remuneration is fixed by the Parliament

Choose the correct answer using the codes given below:
a) 1 and 2 only
b) 3 and 4 only
c) 2 and 3 only
d) 4 only

Ans- (c) 2 and 3 only
Option C has been modified from (3 only) to (2 and 3 only)
Explanation- Article 76 has provided for the office of the Attorney General of India.
Attorney General is not a member of the cabinet. Cabinet members have to be Members of Parliament. Statement 1 is incorrect.
Attorney General can speak in either house of the Parliament and take part in their proceedings or their joint sittings and any committee of the Parliament of which he is a member. Statement 2 is correct.

He does not have right to vote.

He must be qualified to become a judge of the Supreme court. Statement 3 is correct.

His remuneration is fixed by the President of India. Statement 4 is incorrect.

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  • The President’s discretionary power to grant pardon in case of court martial/death sentence will not be subjected to Judicial review

  • Indroop Singh

    I know what can be subjected to judicial review and what can’t be.
    ” U can talk in general sense with some common sense ” but this is not a logical fact. It is a grey area still. It is still debated.
    If its in national interest , anything before April 23rd , 1973 could also have been subjected to Judicial Review… but again this is not so.
    UPSC doesn’t ask what is general sense based on common sense, UPSC asks what is established as a fact like what you said
    Specially what you mentioned last, Schedule 9 review is based on a Supreme Court judgement of Coelho vs State of T.N, which in itself is a theoretical fact not based on logic.
    You made a blanket statement,” there is nothing that can’t be subjected to judicial review”.
    My point was to just let you know, if you didn’t know, if you knew it then good.

    If you feel your sense of talking and calling other people’s comment as dumb is justified, I apologise for my dumbness. May God help me keep it under control!

  • pankaj

    thanks sir

  • If Manipur has English as an additional official lang.
    how does that invalidate the statement
    ” English is the official language of MANIPUR” ?
    Question statement should have explicitly mentioned ONLY word.

  • Q3 . Citizenship question
    Given Explanation : “Statement 2 is correct. Citizenship by birth clause says, a person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents.”

    BUT a/t question (b) the person is born on [1st July 1988] which clearly doesn’t lie in above given time frame.

  • Amaroks

    bro, I said that in a general sense with some common sense, anything that affects nation can be subjected to Judicial review…ur comment seems somewhat dumb to me as any fool can guess that “an advice” will not be subjected to judicial review…….but imposition of president rule is subjected to judicial review.

    furthermore anything placed in schedule 9 after 1973 is also subjected to judicial review…

    on a lighter note : This comment will not be subjected to judicial review

  • Indroop

    cabinet’s advice, advice to impose President’s rule. So there are things, but you are misguiding people too. Don’t do that!

  • albi

    ok.thank you

  • Rakesh jaiswar

    your unknown mistake helpd to understand in a bettr way,,,,thank u

  • President’s Power is subject to limited judicial review. So, statetment 4 is bit dicey as it has not been clearly said by Supreme Court till now.
    But, in Sudhakar case, supreme court held that it is subject to limited juidicial review.

  • @disqus_kbV3Vqlpob:disqus
    Thanks to pointing out our error and we have rectified the same.
    The error occured due to ignorance of “not” asked in the question. Therefore, we went the answer (1, 3 and 4 only instead of 2 only)
    So, Correct answer would be 2 only as it is the only incorrect statement. Rest all statements are correct.

    If you find any other discrepencies in our answer key, please bring it forward. We would analyse the same. Thanks again for correcting us.

    Your comments boost us to improve by every day.

    Cheers and all the best for prelims

  • albi

    “The exercise of power by president s not subjected to judicial review” except where decision is arbitrary ,blah ………….

  • Amaroks

    bro, there is nothing which cant be subjected to judicial review….

  • Bro s4 is incorrect and probably 2 also, so answer should be 2&4 are incorrect

  • Amaroks

    forum ias !!!

    dont mislead the students….check Q5 again…S4 is correct and the Qs has asked to choose incorrect. Answer cant be 134…… Only 2 is incorrect