1. In addition to the Indian Constitution, The Representation Of The People Act, 1951 has laid down various provisions for qualification of members of the Legislative Councils. In this context, consider the following statements: (1) A person must be a resident of the State in order to get nominated by the Governor for the State Legislative Council of the State concerned. (2) A person must be an elector for an Assembly Constituency of the State in order to get elected to the Legislative Council of the State concerned. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (c) Explanation: Article 169 of the Constitution of India provides for the establishment of a Legislative Council/ Vidhan Parishad/ Upper House in a State. The constitutional provisions under Article 173 for qualification of members of the Legislative Council include that he: (a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule; (b) Is not less than thirty years of age; and (c) Possesses such other qualifications as may be prescribed in that behalf by or under any law made by the Parliament. Statement 1 is correct. As per section 6(2) of The Representation of the People Act, 1951, a person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by nomination by the Governor unless he is ordinarily resident in the State. Statement 2 is correct. As per section 6(1) of The Representation of the People Act, 1951, a person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector for any Assembly constituency in that State.
2. With reference to the 73rd Constitutional Amendment Act, 1992, which of the
following provisions are voluntary in nature?
(1) Reservation for the backward classes
(2) Reservation of seats for the Scheduled Castes and Scheduled Tribes in Panchayats
(3) Financial autonomy for the Panchayats
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: (b) Explanation: The provisions of the 73rd Amendment Act can be grouped into two categories - compulsory and voluntary. The compulsory provisions of the Act have to be included in the State laws creating the new Panchayati Raj System. The voluntary provisions, on the other hand, may be included at the discretion of the States, in accordance with the local situations and needs. Voluntary provisions of the
1. Giving voting rights to members of the Union and the State Legislatures in these bodies;
2. Providing reservation for the backward classes.
3. Giving the Panchayats financial autonomy and thereunder the power to levy taxes, fees, etc.
4. Devolution of powers to the Panchayat bodies to perform functions as provided in the
XIth Schedule to the Constitution. Reservation of seats for the Scheduled Castes and Scheduled Tribes in Panchayats come under the Compulsory provisions. Hence, option (b) is the correct answer.
3. In India, the Governor of any State has both Constitutional and situational discretion. In this context, which among the following is a Constitutional discretion? (a) Dismissal of a State Council of Ministers when it cannot prove the confidence of the State Legislative Assembly (b) Recommendation of the imposition of President’s Rule in a State (c) Dissolution of a State Legislative Assembly if the State Council of Ministers has lost its confidence (d) Appointment of the Chief Minister when no party has a clear cut majority Answer: (b) Explanation: The Governor has a constitutional discretion in the following cases: ● Reservation of a Bill for the consideration of the President ● Recommendation for the imposition of the President’s Rule in the State. ● Seeking information from the Chief Minister with regard to the administrative and legislative matters of the State. Following are the situational discretions: 1. Dismissal of the Council of Ministers when it cannot prove the confidence of the State Legislative Assembly. 2. Dissolution of the State Legislative Assembly if the State Council of Ministers has lost its confidence 3. Appointment of the Chief Minister when no party has a clear cut majority Hence, option (b) is the correct answer.
4. Consider the following statements regarding Cabinet Committees:
(1) The Cabinet Committees are Constitutional bodies.
(2) All the Cabinet Committees are Standing Committees which are permanent in nature.
(3) The Prime Minister presides over all the Cabinet Committees.
Which of the statements given above are not correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (d) Explanation: Statement 1 is not correct: The Cabinet Committees are extra-constitutional in nature. They are not mentioned in the Constitution. However, The Rules of Business provide for their establishment. Statement 2 is not correct: There are two types of Cabinet Committees – Standing and Ad-hoc. The Standing Committee is of permanent nature whereas Ad-hoc Committee is of a temporary nature. The Ad-hoc Committees are disbanded after their task is completed. Statement 3 is not correct: The Cabinet Committees are mostly headed by the Prime Minister. However, sometimes other Cabinet Ministers, particularly the Home Minister or the Finance Minister also preside over the Cabinet Committees.
5. In the context of the Parliamentary system of India, the term 'whip' is often in the news. Which of the statements given below is/are correct regarding the office of the Whip? (1) The Office of Whip is mentioned in the Rules of each House of the Parliament. (2) The Speaker/Chairman appoints Whip for each party who ensures attendance of party members. 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: Statement 1 is not correct: The Office of ‘Whip’, is mentioned neither in the Constitution of India nor in the Rules of the House nor in a Parliamentary Statute. It is based on the Conventions of the Parliamentary System of Government. Statement 2 is not correct: Every political party, whether ruling or Opposition has its own Whip in the Parliament. He is appointed by the political party to serve as an Assistant Floor Leader. He is charged with the responsibility of ensuring the attendance of his party members in large numbers and securing their support in favour of or against a particular issue. He regulates and monitors their behaviour in the Parliament. The members are supposed to follow the directives given by the Whip. Otherwise, disciplinary action can be taken against the erring members of the political party