[Solution] – Monday Polity Quiz #4

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We, ForumIAS team had posted 7 questions on Indian Polity yesterday, and we hope that you all have already attempted the Monday Polity Quiz #4 and made comments in comment section. If you have not done so, please attempt the quiz before looking the answer. To attempt the quiz, click the link given below.

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[Solution]

1)Which of the following made Indian Legislature bicameral?
a) Indian Councils Act, 1909
b) Govt of India Act, 1919
c) Government of India Act , 1935
d) Govt of India Act, 1947

Ans- B
Explanation– GoI act of 1919 introduced bicameralism in Indian legislature. It was also called as Montagu Chelmsford act. Salient features of the act were:

1. Act made the central legislature bicameral and introduced elections first time in the country. The first house which was central legislature, with 145 members was called central Legislative Assembly and second called with 60 member was called Council of States.
2. This Act declared that objective of the British Government is gradual introduction of responsible Government in India.
3. Diarchy was introduced at Provincial Level. The provincial subjects were divided into two groups: reserved and transferred.
4. The Act provided for the establishment of a Public Service Commission in India.
5. This act made a provision that a statutory commission would be set up at the end of 10 years after the act was passed which shall inquire into the working into the system of the government. The Simon commission of 1927 was an outcome of this provision.
6. The communal representation was extended and Sikhs, Europeans and Anglo Indians were included. The Franchise was granted to the limited number of only those who paid certain minimum “Tax” to the government.
7. It also prepared the ground for the Indian Federalism, as it identified the provinces as units of fiscal and general administration. However the structure of the govt continued to be centralised and unitary.

2)Which of the following was not a feature of Govt of India Act, 1935?
a) Provincial Autonomy
b) Dyarchy at center
c) Bicameral legislature
d) All India federation

Ans- [C]
Explanation– Features of the Government of India Act 1935 were:

1. Abolition of provincial dyarchy and introduction of ‘provincial autonomy’ in its place. Act introduced, responsible government in the provinces, that is, governor was required to act with the advice of ministers responsible to the provincial legislature. It came into effect in 1937 and discontinued in 1939.
2. Introduction of dyarchy at centre. This provision, never came into operation at all.
3. Introduced bicameralism in 6 out of 11 provinces.
4. Abolition of Council of India and introduced an advisory body in its place.
5. Provision for an All India Federation with British India territories and princely states. Act divided powers between centre and units in terms of 3 lists- Federal lists, Provincial lists and the concurrent lists. Residuary powers were given to the viceroy.
6. Elaborate safeguards and protective instruments for minorities. Further extended the principle of communal representation by providing separate electorate for the depressed classes, women and labors.
7. Supremacy of British Parliament.
8. Increase in size of legislatures, extension of franchise to 10% of total population, division of subjects into three lists and retention of communal electorate.
9. Establishment of RBI to control the currency and credit of the country.
10. Establishment of federal public service commission, provincial public service commission and Joint public service commission for two or more states
11. Provided for the establishment of the federal court which was setup in 1937.
12. Separation of Burma from India

3)The main recommendations of the Cabinet Commission included?
a) formation of Federal Union consisting of British Indian provinces and Indian States
b) A Constituent Assembly to frame a Constitution for India
c) an Interim government consisting of representatives of various political parties
d) All of the above

Ans-[D]
Explanation – Recommendation of the cabinet mission plans were:

1. It proposed that there shall be a Union of India which was to be empowered to deal with the defense, foreign affairs and communications.
2. The whole of India including the Princely States should form a Federation.
3. There should be an Interim National Government with leaders of the Indian parties to take charge of the administration.
4. It turned down the Muslim league’s demand for a separate Pakistan.
5. The Cabinet mission restricted the Communal representation
6. It provided that all the members of the Interim cabinet would be Indians and there would be minimum interference by the Viceroy.
7. Provided for formation of the constituent assembly on democratic principle of population.
8. Recognized Indian Right to cede from the Commonwealth.
9. It proposed a weak Centre. All subjects other than the Union Subjects and all the residuary powers would be vested in the provinces. The Princely states would retain all subjects and all residuary powers.
10. A Constituent Assembly will be formed of the representatives of the Provincial Assemblies and the Princely states. Each province had to be allotted a total number of seat in proportion to the its population.

4) The theory of Fundamental rights implies
a) Freedom to citizens
b) Limitations on State
c) Equality of Citizens before law
d) Rule of Law

Ans- [B]
Explanation– Fundamental rights prevent executive and legislative from becoming totalitarian. By doing this, it provides opportunity to citizen for self development. Philosophy behind fundamental rights is that constitutional limitations on the powers of govt are only way of surviving basic human freedom. Thus, it out limitations on the state.

5) An ordinance promulgated by the President has
a) an infinite life
b) is workable only when the Lok Sabha is dissolved
c) must be laid before Parliament when it reassembles
d) is a parallel power of legislation

Ans- [C]

Explanation– President has legislative power to promulgate ordinances when the Parliament is not in session. These ordinances must be approved by the Parliament within six weeks of the assembly. President can withdraw ordinance at any time.

6) The Vice President of India
1) enjoys similar powers as that of President of USA
2) is a part of the Union executive
3) is a speaker of the Rajya Sabha
4) takes up office as the President of India for the rest of the term in case of demise of the President

Select the correct statements using the codes below:
a) 1 and 3 only
b) 2 and 3 only
c) 2, 3 and 4 only
d) 1 only

Ans- [B]
Explanation– Statement 1 is wrong as Vice-president of India does not enjoy similar powers as that of President of USA. Thought the office of the Indian VP is modelled on the lines of American VP. One major difference is, American VP succeeds to the presidency when it falls vacant, and remains president for the unexpired term of the predecessor whereas the Indian Vice President, does not assume the office of the President when it falls vacant for the unexpired term. He merely serves as an acting President until the new President assumes charge. Thus, Statement 4 is also wrong.

VP is part of the Union executive. Statement 2 is correct.
Statement 3 is also correct. Though, he is called as Chairman of the Rajya Sabha and is Presiding officer of it, but as  a presiding officer the power and functions of the Chairman in Rajya Sabha are similar to those of the Speaker in the Lok Sabha. In this respect he resembles, American VP who also acts as the Chairman of the Senate-Upper house of the American Legislature.

7) Rajya Sabha has the exclusive authority over
a) impeachment of the Vice President
b) initiate proceedings against the Chief Election Commissioner
c) recommend creation of All India Services
d) All of the above

Ans- [C]

Explanation– Due to the federal structure, Rajya Sabha has been given two exclusive powers that are not enjoyed by the Lok Sabha. These are:

1. Rajya Sabha can authorize the Parliament to make a law on a subject enumerated in the state list( Article 249)
2. It can authorise the Parliament to create new All-India services common to the both centre and states(Article 312).

In the election and removal of the vice president, both the houses have equal status. However, Rajya Sabha alone can initiate the removal of the VP. He is removed by a resolution passed by the Rajya Sabha by a special majority and agreed to by the Lok Sabha by a simple majority.

You can read about position of Rajya Sabha wrt Lok sabha on variety of matters on page 22.28 and page 22.29 of Indian Polity by Laxmikanth.

Chief election commissioner is provided with the security of the tenure. He can not be removed from the office except in same manner and on the same grounds as a judge of the Supreme court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity. For this let us in brief understand removal procedure of SC judge:

1. A removal motion signed by 100 members(in case of Lok Sabha) or by 50 members (in case of Rajya Sabha) is to be given to speaker/chairman.
2. The speaker/chairman may admit the motion or refuse to admit it.
3. If admitted, then the speaker/chairman is to constitute a three member committee to investigate the charges.
4. The committee should consists of (a) Chief justice or a judge of SC (b) a chief justice of High court © a distinguished Jurist
5. If the committee, finds the judge to be guilty of misbehaviour or suffereing from incapacity, the house can take up the consideration of the motion.
6. After the motion is passed by each house with a special majority, an address is presented to the President for removal of the judge.
7. Finally, the President passes an order removing the SC judge.

Thus, he does not hold office till the pleasure of the president though he is appointed by him.