Hello All,
The Group usage here is a little cumbersome, so I am creating this thread to make sure that all questions with doubts stay in one place. Can someone push all the doubts and queries here? I will make this an announcement?
-Faceless, Anonymous "root"
Which of the following was/ were the consequences of apex court propounding the Doctrine of Basic Structure?
1. There is a limit to constituent power of Parliament.
2. Strengthened the concept of popular sovereignty
Select the correct answer using the code given below.
Please help me to understand 2nd statement. popular sovereignity = parliament is supreme? agr apex court doctrine of basic structure dete h = court has laid restriction on parliament. isse to parliament weak huina?
Which of the following was/ were the consequences of apex court propounding the Doctrine of Basic Structure?
1. There is a limit to constituent power of Parliament.
2. Strengthened the concept of popular sovereignty
Select the correct answer using the code given below.
Please help me to understand 2nd statement. popular sovereignity = parliament is supreme? agr apex court doctrine of basic structure dete h = court has laid restriction on parliament. isse to parliament weak huina?
Popular sovereignty is the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power.
In simple words, Popular Sovereignty means people should be powerful and not parliamentarians.
Suppose Basic structure doctrine is NOT present. Then it might happen that a law is made to abrogate some of the Fundamental Rights and thus people lose power. Thus, the DECLINE of Popular Sovereignty.
Hence, when Basic Structure is present it Strengthens Popular Sovereignty.
Test 3, Question 35
Which of the following statements regarding Motion of Thanks is/are correct?
1. The first session after each general election and the first session of each year is addressed by the President of India.
2. Defeat of Motion of Thanks in either house of Parliament amounts to collapse of the
government.
Select the correct answer using the code below.
"Parliament may by law provide for the abolition of the Legislative Council of a Stateeven withoutthe consent of the State Legislative Assembly."
How is this correct?
Article 169: Parliament may by law provide for the abolition...,IF Legislative Assembly passes a resolution to that effect ...
@ssver2 The only example I can think of it right now is the abolition of the Legislative Council of J&K.
But I am not sure about the rule since Article 169 has mentioned only one condition. Maybe it is in some different scenarios that Parliament can abolish without the recommendation of the State Legislative Assembly.
With reference to the Indian Constitution, consider the following statements regarding the State Legislature:
1. The minimum age to enter the Legislative Assembly is lower than the minimum age to enter Legislative Council.
2. Legislative Assembly is a directly elected body while Legislative Council is an indirectly elected body.
3. While the Legislative Assembly normally gets automatically dissolved at the expiration of its five-year term; the Legislative Council is not subject to dissolution.
Which of the statements given above is/are correct?
The second statement is given as correct. How can election to the council be termed indirect when people are voting directly( teachers and graduates) though with a limited franchise? It is filled both directly and indirectly.
With reference to the Indian Constitution, consider the following statements regarding the State Legislature:
1. The minimum age to enter the Legislative Assembly is lower than the minimum age to enter Legislative Council.
2. Legislative Assembly is a directly elected body while Legislative Council is an indirectly elected body.
3. While the Legislative Assembly normally gets automatically dissolved at the expiration of its five-year term; the Legislative Council is not subject to dissolution.
Which of the statements given above is/are correct?
The second statement is given as correct. How can election to the council be termed indirect when people are voting directly( teachers and graduates) though with a limited franchise? It is filled both directly and indirectly.
@mhs11 Direct election is a system of choosing political officeholders in which the voters directly cast ballots for the persons or political party that they desire to see elected.
In Indirect election, the voters elect a body which in turn elects the officeholder in question.
Since here teachers and graduates are chosen by people to represent them for voting it can be called indirect.
Test 3, Question 35
Which of the following statements regarding Motion of Thanks is/are correct?
1. The first session after each general election and the first session of each year is addressed by the President of India.
2. Defeat of Motion of Thanks in either house of Parliament amounts to collapse of the
government.
Select the correct answer using the code below.
@cot_ainok The fiscal year statement mentioned in laxmikant is an error. Art 87 of the constitution-
87. Special address by the President
"Parliament may by law provide for the abolition of the Legislative Council of a Stateeven withoutthe consent of the State Legislative Assembly."
How is this correct?
Article 169: Parliament may by law provide for the abolition...,IF Legislative Assembly passes a resolution to that effect ...
Hi,
This was clarified in the class by Sir. According to Article 169, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
Parliament cannot do this on its own.
With reference to the Indian Constitution, consider the following statements regarding the State Legislature:
1. The minimum age to enter the Legislative Assembly is lower than the minimum age to enter Legislative Council.
2. Legislative Assembly is a directly elected body while Legislative Council is an indirectly elected body.
3. While the Legislative Assembly normally gets automatically dissolved at the expiration of its five-year term; the Legislative Council is not subject to dissolution.
Which of the statements given above is/are correct?
The second statement is given as correct. How can election to the council be termed indirect when people are voting directly( teachers and graduates) though with a limited franchise? It is filled both directly and indirectly.
There are two types of elections in India - direct and indirect elections. Direct elections refer to the elections through which the members of the State legislative assemblies and the members of the Lok Sabha are elected. In these elections,all people above the age of 18 years vote directly.
Indirect elections refer to those elections through which the members of Rajya Sabha, the members of the Legislative councils, Vice President and President of India are elected. In these, it is either the people's representatives (such as MLAs and MPs) vote or certain sections of the people (based on qualifications such as graduates of three years standing and secondary school or higher level teachers of three years standing) are only allowed to participate in the voting. Thus, first there is no universal adult franchise, second it is the people's representatives that participate in these elections.
Majority (that is 66%) of the members of the Legislative Council are indirectly elected by - MLAs (1/3rd) and members of Local bodies (1/3rd). Rest of the members are either elected by the graduates and teachers or nominated (both 1/6th). Thus, we can call the legislative council as the indirectly elected body.
"The Vidhan Parishad (Legislative Council) forms a part of the state legislatures of India. In six of India's 28 States (Uttar Pradesh, Bihar, Karnataka, Maharashtra, and Andhra Pradesh), the Legislative Council serves as the indirectly-elected upper house of a bicameral legislature. " - This is for reference, where the Ministry of Statistics has referred to the Legislative Council as the indirectly elected upper house.
"Parliament may by law provide for the abolition of the Legislative Council of a Stateeven withoutthe consent of the State Legislative Assembly."
How is this correct?
Article 169: Parliament may by law provide for the abolition...,IF Legislative Assembly passes a resolution to that effect ...
@ssver2 The only example I can think of it right now is the abolition of the Legislative Council of J&K.
But I am not sure about the rule since Article 169 has mentioned only one condition. Maybe it is in some different scenarios that Parliament can abolish without the recommendation of the State Legislative Assembly.
That's an exception that I don't think one can factor in here. (President's Rule, Parliament acts for SLA). Eg if statement says "Parliament can legislate on citizenship and agriculture," I can't mark it right b/c Parliament can legislate in state field under five exceptions.
"Parliament may by law provide for the abolition of the Legislative Council of a Stateeven withoutthe consent of the State Legislative Assembly."
How is this correct?
Article 169: Parliament may by law provide for the abolition...,IF Legislative Assembly passes a resolution to that effect ...
@ssver2 The only example I can think of it right now is the abolition of the Legislative Council of J&K.
But I am not sure about the rule since Article 169 has mentioned only one condition. Maybe it is in some different scenarios that Parliament can abolish without the recommendation of the State Legislative Assembly.
That's an exception that I don't think one can factor in here. (President's Rule, Parliament acts for SLA). Eg if statement says "Parliament can legislate on citizenship and agriculture," I can't mark it right b/c Parliament can legislate in state field under five exceptions.
Yes in that scenario I believe Parliament requires the recommendation of State Legislative Assembly for abolition or creation of Legislative Council.
Test 3, Question 35
Which of the following statements regarding Motion of Thanks is/are correct?
1. The first session after each general election and the first session of each year is addressed by the President of India.
2. Defeat of Motion of Thanks in either house of Parliament amounts to collapse of the
government.
Select the correct answer using the code below.
"Statement 2 is incorrect: Defeat of Motion of Thanks in Lok Sabha (and not in Rajya Sabha) amounts to collapse of the government "
Q32
https://sgp1.digitaloceanspaces.com/forumias/noticeboard/wp-content/uploads/2020/02/20144555/CORRIGENDUM-TO-THE-SFG_RLG-TEST-4.pdf
This is regarding Q39 of Test 3.The Pro tem Speaker is for administrating oath to the new members of Lok Sabha however option B talks about Parliament.
Since option D is also there (i.e. none of the above) how come option B is correct and not D?Or am I missing something?
@GravityShades Do you consider members of Lok Sabha as Members of Parliament. If yes, then B is the correct option.
This is regarding Q39 of Test 3.The Pro tem Speaker is for administrating oath to the new members of Lok Sabha however option B talks about Parliament.
Since option D is also there (i.e. none of the above) how come option B is correct and not D?Or am I missing something?@GravityShades Do you consider members of Lok Sabha as Members of Parliament. If yes, then B is the correct option.
“The Council of Ministers in the Centre shall be collectively responsible to the Parliament”
Acc to official key (2013), this statement is false because they are responsible toLok Sabhaandnot Parliament.
According to your argument, the statement should have been correct because Lok Sabha is also a part of Parliament only.
“The Council of Ministers in the Centre shall be collectively responsible to the Parliament”
Acc to official key (2013), this statement is false because they are responsible toLok Sabhaandnot Parliament.
According to your argument, the statement should have been correct because Lok Sabha is also a part of Parliament only.
@GravityShades Ok, I didn't make things clear. Explaining further.
In Parliament, RS is continuing house and only LS is reformed after dissolution so the need for oath will be only for LS members. Hence, here even if it says Parliament in that the only group requiring oath after dissolution would be LS.
I believe we should NOT push the logic too far if the statement cannot be negated then it stands true.
In this case, protem speaker does administer an oath to LS members who are MP's(thus to members of Parliament).
Although there may be exceptions everywhere and the answer to this question may change considering the fact that LS is NOT Parliament.
I told that if the answer is given B then what could be the reason.