Polity : Quiz - 20 | De Facto IAS

1. With reference to ‘the Leader of the Opposition’ in the Parliamentary system of India, consider the following statements:

(1) The Indian Constitution recognizes this position and accords the holder the status of a Union Cabinet Minister.

(2) The Leader of Opposition gets the same salary as that of a Union Cabinet Minister.

Which of the statement(s) given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: (b) Explanation: Statement 1 is not correct: The Leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977. Thus, the Leader of Opposition doesn’t have a Constitutional recognition. It was in 1969 that an official Leader of the Opposition was recognised for the first time. The same functionary in USA is known as the ‘minority leader’. Statement 2 is correct: The Leaders of Opposition are entitled to the salary, allowances and other facilities equivalent to that of a Union Cabinet Minister. Ivor Jennings describes the Leader of Opposition as the ‘alternative Prime Minister’. He enjoys the status of a Union Cabinet Minister and is paid by the Union government.

2. With reference to ‘Tribal Advisory Council’, in a State, which of the following statements is/are correct? (1) It consists of a maximum of 20 members out of which 3/4th are Scheduled Tribe MLAs of the State concerned.

(2) It advises the President on matters pertaining to welfare and advancement of Scheduled Tribes in the State concerned.

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: (a) Explanation: The Fifth Schedule to the Constitution envisages the following under the Tribal Advisory Council: (1) There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribal Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State. Hence, Statement 1 is correct. (2) It shall be the duty of the Tribal Advisory Council to advise the Governor on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor. Hence, Statement 2 is not correct.

3. With reference to the Judges of the Supreme Court of India, consider the following statements:

(1) The Indian Constitution prescribes a minimum age for a person to be appointed as a Judge of the Supreme Court.

(2) A Supreme Court Judge can be removed by the President when the Parliament passes a motion to that effect by a special majority.

(3) The ground mentioned for the removal of a Supreme Court Judge, in the Indian Constitution, is ‘incapacity’ or ‘proved misbehaviour’ only.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

Answer: (c) Explanation: Statement 1 is not correct. The Constitution does not prescribe a minimum age for appointment of a person to the Supreme Court (SC) as a Judge. Statement 2 is correct. The motion for the removal of the SC Judge has to be passed by special majority by the Parliament. According to the Article 124(4) of the Constitution, the President can remove a Judge when the Parliament passes a motion with a majority of the total membership of each House in favour of his removal and not less than two thirds of the members of each House present and voting. Statement 3 is correct. The Constitution provides only two grounds for removal of the Supreme Court Judge; 'proved misbehaviour' or 'incapacity.'

4. Consider the following reports:

(1) The report of the Special Officer For Linguistic Minorities

(2) The report of the National Commission For Backward Classes

(3) The report of the National Commission For Women

(4) The report of the Public Accounts Committee

(5) The report of the UPSC

Which of the reports the President does not cause to be laid before the Parliament?

(a) 1, 2 and 5 only

(b) 3 and 4 only

(c) 1, 3 and 5 only

(d) 3, 4 and 5 only

Answer: (b) Explanation: It is the duty of the President to cause to be laid before the Parliament:

● The Annual Financial Statement (Budget)

● Report of the Comptroller and Auditor General.

● Recommendations of the Finance Commission.

● Report of the UPSC

● Report of the National Commission For Scheduled Castes and Scheduled Tribes

● Report of the National Commission For Backward Classes

● Report of the Special Officer For Linguistic Minorities Hence, the correct answer is option (b).

5. With reference to the Prime Minister of India, consider the following statements:

(1) The Prime Minister is the Head of the State.

(2) The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister.

(3) According to the Conventions of the Parliamentary System of Government, the President appoints the Leader of the majority party in the Lok Sabha as the Prime Minister.

Which of the statements given above is/are correct?

(a) 3 only

(b) 1 and 2 only

(c) 1 and 3 only

(d) 2 and 3 only

Answer: (d) Explanation: Statement 1 is not correct: The President is the nominal executive authority (de jure Executive) and the Prime Minister is the real executive authority (de facto Executive). In other words, the President is the Head of the State while the Prime Minister is the Head of the Government. Statement 2 is correct: There is no separate procedure written down in the Indian Constitution, for the selection and appointment of the Prime Minister. Statement 3 is correct: According to the Conventions of the Parliamentary System of Government, the President has to appoint the Leader of the majority party in the Lok Sabha as the Prime Minister. There is no procedure written down explicitly in the Constitution of India.