1. Match List I with List II and select the correct answer using the code given below the lists.

List-I List-II

A. Establishment of the Supreme : 1. Regulating Act, 1773 Court

B. Establishment of Board of Control : 2. Government of India Act, 1919

C. Introduction of Bicameralism : 3. Government of India Act, 1935

D. Introduction of Federal System : 4. Pitts India Act, 1784

Codes

A B C D

(a) 2 3 1 4

(b) 1 4 2 3

(c) 1 2 3 4

(d) 4 3 2 1

Answer: (b) Explanation: Regulating Act of 1773 provided for the establishment of a Supreme Court at Calcutta comprising of one Chief Justice and three other judges. Pitts India Act of 1784 empowered the Board of control to supervise and direct all operations of the civil and military government or revenues of the British possessions in India. Government of India Act, 1919 introduced Bicameralism .The Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper House and a Lower House. The Government of India Act 1935 provided for the establishment of an All India Federation made up of both princely and provincial states. It divided the powers between the Centre and provincial legislatures and abolished dyarchy in the provinces, giving them autonomy and introduced dyarchy at the Centre.

2. With reference to the ‘President’s Rule under Article 356’ of the Indian Constitution, which of the following provisions are correct?

(1) The 42nd Constitutional Amendment Act 1976 amended Article 356 and provided that approval of the Parliament will be needed for one year at a time during President’s Rule.

(2) The 44th Constitutional Amendment Act 1978 introduced certain conditions for proclamation of President’s Rule beyond one year but maximum upto three years.

(3) The power vested in the President under President’s Rule is open to judicial review.

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

Answer: (d) Explanation: All the given provisions are correct. The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year. Thus, it provided that, beyond one year, the President’s Rule can be extended by six months at a time only when the following two conditions are fulfilled: 1. A proclamation of National Emergency should be in operation in the whole of India, or in the whole or any part of the state.

The Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties. The 38th Amendment Act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which could not be challenged in any court on any ground. But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.

28. Consider the following terms/phrases:

(1) Martial Law

(2) Judicial Review

(3) Essential Religious Practice

Which of the above terms is/are not mentioned in the Constitution?

(a) 3 only

(b) 2 and 3 only

(c) 1 and 2 only

(d) 1, 2 and 3

Answer: (b) Explanation:

• Article 34: Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area. Hence, Martial Law finds mention in the Constitution.

• Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Article 13 declares that all the laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. Thus, Judicial Review is implicit under Article 13 as it has conferred ‘doctrine of judicial review’ expressively to the Supreme Court under Article 32 and the High Court under Article 226 of the Constitution. Thus, it is not mentioned explicitly anywhere in the Constitution.

• A seven-judge Bench of the Supreme Court invented the doctrine of “essentiality” in the Shirur Mutt case in 1954. The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion. The essentiality/integrality doctrine has tended to lead the court into an area that is beyond its competence (Judicial Overreach), and given judges the power to decide purely religious questions. Essential Religious Practice is a doctrine founded by the Supreme Court for testing

4. Which of the following pairs is/are correctly matched?

Body Chairperson/ Head

1. Inter-State Council : The Prime Minister of India

2. Zonal Councils : Union Home Minister

3. Finance Commission of : The President of India India

Select the correct answer using the code given below:

(a) 1 only

(b) 1 and 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

Answer: (b) Explanation:

• Inter State Council can be established by the President under Article 263. The Prime Minister of India is the chairperson of the Inter State Council.

• Zonal Councils are extra-Constitutional statutory bodies created through Parliamentary Acts to foster inter-state cooperation. Union Home Minister is the Chairperson of all the Zonal Councils.

• The Finance Commission of India is constituted by the President under Article 280. Its Chairperson is appointed by the Government of India. Article 280 mandates that the Chairperson must be a person having ‘experience in public affairs’. Hence, pairs 1 and 2 are correct; pair 3 is incorrect.

5. With reference to establishment, composition and duties of the ‘Inter-State Council’ in India, consider the following statements:

(1) It can be established by the Prime Minister of India in public interest.

(2) The President of India is empowered to define the duties of an Inter-State Council

(3) It consists of the Prime Minister and Chief Ministers of all the States only.

Which of the statements given above is/are correct?

(a) 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

Answer: (a) Explanation: Statement 1 is incorrect: Under Article 263, the President of India can establish such a council if at any time it appears to him that the public interest would be served by its establishment. Statement 2 is correct: The President of India can define the nature of duties to be performed by such a council and its organisation and procedure. Statement 3 is incorrect: The composition of the Council is as follows: (i) The Prime Minister as the Chairman (ii) The Chief Ministers of all the States (iii) The Chief Ministers of Union Territories having Legislative Assemblies (iv) The Administrators of Union Territories not having Legislative Assemblies (v) The Governors of States under President’s rule (vi) Six Central cabinet ministers, including the Home Minister, to be nominated

by the Prime Minister. Five Ministers of Cabinet rank / Minister of State (independent charge) nominated by the Chairman of the Council (i.e., Prime Minister) are permanent invitees to the Council.