1. Under Article 12 of the Indian Constitution, which of the following bodies come under the definition of ‘State’?
(1) District Boards
(2) Navratnas like ONGC
(3) Any private agency working for AADHAR registration
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (d) Explanation: Article 12 has defined the term ‘State’ for the purposes of Part III. According to it, the State includes the following: (a) The Government and the Parliament of India, that is, the Executive and the Legislative organs of the Union Government. Statements 1 and 2 are correct as per (b) and (c) given below: (b) The Government and Legislature of States, that is, the Executive and the Legislative organs of the State Government. (c) All local authorities i.e. Municipalities, Panchayats, District Boards, Improvement Trusts, etc. This provision is also given in Entry 5; List II of the 7th Schedule to the Indian Constitution. (d) All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc. The Board of Directors of a Central Public Sector Enterprises (CPSE) exercise delegated powers subject to broad policy guidelines issued by the Government. The categorization of PSUs has granted enhanced powers to the Boards of the profit making enterprises under various schemes like ‘Maharatna’, ‘Navratna’ and ‘Miniratna’ Statement 3 is correct: According to the Supreme Court interpretation in Ajay Hasia vs Khalid Mujhib Sehravardi case, 1980, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12. Note: The Indian Constitution does not mention Judiciary under the definition of the ‘State’.
2. Which of the following provision of the Indian Constitution resembles the ‘Instrument of Instructions’ enumerated in the Government of India Act, 1935?
(a) Fundamental Rights
(b) Fundamental Duties
(c) Directive Principles of State Policy
Answer: (c) Explanation: Directive Principles of State Policy is the correct answer. The Directive Principles of State Policy (DPSPs) are enumerated in Part IV of the Constitution from Articles 36 to 51. It has been borrowed from the Irish Constitution of 1937, which had been copied from the Spanish Constitution.
• They resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act, 1935. In the words of Dr B.R. Ambedkar, "the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935. The Government of India Act of 1935 was a result of the Nehru Report 1928, the Simon Commission report 1930, the 3 Round Table Conferences and the White Paper on Constitutional Reforms. What is called Directive Principles is merely another name for the Instrument of Instructions. The only difference is that they are instructions to the Legislature and the Executive." Hence, Option (c) is the correct answer.
• In 1927, the INC resolved to set up a Committee to draft a "Swaraj Constitution" for India based on a declaration of rights that would provide safeguards against oppression. The 11-member Committee, led by Motilal Nehru, was constituted in 1928. Its report made a number of recommendations, including proposing guaranteed fundamental rights to all Indians. Several of these provisions were later replicated in various parts of the Indian Constitution including fundamental rights.
• The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, set out in Part IV–A of the Constitution concern individuals and the nation. The idea for Fundamental Duties has been taken from erstwhile USSR.
• The Preamble to the Indian Constitution embodies the fundamental values and the philosophy on which the Constitution is based. Its sets out the main objectives which the Constituent Assembly intended to achieve.
3. Consider the following statements:
(1) The residuary power of legislation is vested with the Parliament of India.
(2) In case of any conflict between the Union Law and the State Law (on a concurrent subject), the decision of the Supreme Court of India is final regarding which law among the two prevails.
(3) The division of subjects between the Union and the States under the Seventh Schedule can be altered by the Parliament through an amendment to the Constitution of India.
(4) There is a 4-fold division of subjects under the Seventh Schedule viz.: Union, State, Concurrent and Local Governments.
In the context of the distribution of legislative powers between Union and State governments; which of the statements given above are incorrect?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 2 and 4 only
Answer: (d) Explanation: Statement 1 is correct: The residuary power of legislation is vested with the Parliament of India. Residuary subjects are the matters which are not enumerated in any of the three lists. Statement 2 is incorrect: In case of any conflict between the Union Law and the State Law (on a concurrent subject), the former prevails. However, the State Law will prevail if it has been reserved for the consideration of the President and has received her/his assent. Statement 3 is correct: The division of subjects between the Union and the States under the Seventh Schedule can be altered by the Parliament with an amendment to the Constitution. Certain subjects like Forests, Education have been moved from State List to Concurrent List via an amendment to the Constitution. Statement 4 is incorrect: There is only a 3-fold division of subjects under the Seventh Schedule viz.: Union, State and Concurrent. Local governments are not conferred legislative powers by the Indian Constitution.
4. With reference to the Parliament's power to reorganize the States under Article 3 of the Indian Constitution’, which of the following statements is/are correct?
(1) A bill contemplating the reorganisation of States can be introduced in the Parliament with or without prior recommendation of the President.
(2) The bill, after its introduction in the Parliament has to be referred to the State Legislature concerned for expressing its views within a specified period.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (d) Explanation: Article 3 of the Indian Constitution authorises the Parliament to:
(a) form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State, (b) Increase the area of any State, (c) Diminish the area of any State, (d) Alter the boundaries of any State, and (e) Alter the name of any State. However, Article 3 lays down two conditions in this regard: Statement 1 is incorrect: A bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; Statement 2 is incorrect: Before recommending the bill, the President has to refer the same to the State Legislature concerned for expressing its views within a specified period.
• The President (or the Parliament) is not bound by the views of the State Legislature and may either accept or reject them, even if the views are received in time.
• Further, it is not necessary to make a fresh reference to the State Legislature every time an amendment to the bill is moved and accepted in the Parliament.
5. By which of the following Act, the ‘Legislative Council of India’ received the power to discuss the budget for the first time?
(a) The Indian Councils Act, 1861
(b) The Indian Councils Act, 1892
(c) The Morley-Minto Reforms 1909
(d) The Government of India Act, 1935
Answer: (b) Explanation: The Indian Councils Act 1861 was passed by the British Parliament on 1st August 1861 to make substantial changes in the composition of the Governor General’s Council for executive & legislative purposes. The most significant feature of this Act was the association of Indians with the legislation work. Indian Councils Act 1892 was passed by the British Parliament to increase in the size of the Legislative Councils. This Act marked the beginning of the representative form of Government. The Indian Councils Act, 1892 authorized the increase in members of the Central and Provincial Legislative Councils but maintained the official majority in them. It gave them the power to discuss the budget and addressing questions to the Executive. Hence, option (b) is correct. The Indian Councils Act 1909 or Morley-Minto Reforms was passed by the British Parliament in 1909 in an attempt to widen the scope of Legislative Councils, placate the demands of moderates in Indian National C
Congress and to increase the participation of Indians in the administration.
The Government of India Act 1935 was passed by British Parliament in August 1935. This Act ended the system of dyarchy introduced by the Government of India Act 1919 and provided for the establishment of a Federation of India to be made up of Provinces of British India and some or all of the Princely States. However, the Federation never came into being as the required number of Princely States did not join it.