1. The office of the Leader of the Opposition is mentioned in the

a) Constitution of India

b) Rules of the House

c) Parliamentary Statute

d) None of the above

Answer: d

Explanation:

Features of Cabinet Committees:

1. They are extra-constitutional in emergence. In other words, they are not mentioned in the Constitution. However, the Rules of Business provide for their establishment.

2. They are set up by the Prime Minister according to the exigencies of time and requirements of the situation. Hence, their number, nomenclature, and composition vary from time to time. So, statement 1 is not correct.

3. They are of two types - Standing and Ad-hoc. The former is permanent while the latter is temporary. The Ad-hoc Committees are constituted from time to time to deal with special problems. They are disbanded after their task is completed.

4. Their membership varies from three to eight. They usually include only Cabinet Ministers. However, the non-Cabinet Ministers are not debarred from their membership. They not only include the Ministers in charge of subjects covered by them but also include other senior Ministers. So, statement 2 is not correct.

5. They are mostly headed by the Prime Minister. Sometimes other Cabinet Ministers, particularly the Home Minister or the Finance Minister, also acts as their Chairman. But, in case the Prime Minister is a member of a Committee, he invariably presides over it.

Therefore, the correct answer is d.

2. With reference to the Cabinet Committees, consider the following statements:

1. They are set up by the President according to the exigencies of time and requirement of the situation.

2. Non-Cabinet Ministers are debarred from membership of such Committees.

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:

Though the offices of the Leader of the House and the Leader of the Opposition are not mentioned in the Constitution of India, they are mentioned in the Rules of the House and Parliamentary Statute respectively. The Leader of the Opposition in the Houses of Indian Parliament is a statutory post. This post is defined in the Salaries and Allowances of Leaders of Opposition in Parliament Act, 1977 as simply the leader of the numerically biggest party in opposition to the government and recognised as such by the Speaker of LS/ Chairman of RS.

In this Act, “Leader of the Opposition”, in relation to either House of Parliament, means that member of the Council of States or the House of the People, as the case may be, who is, for the time being, the Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.

Therefore, the correct answer is c.

3. With reference to the National Commission for Minority Educational Institutions (NCMEI), consider

the following statements:

1. It is a quasi-judicial body which has been endowed with the powers of a Civil Court.

2. It is to be headed by a Chairman who has been a Judge of the Supreme Court of India.

3. Decision of the Commission would be final regarding affiliation of a minority educational institution to a university.

Which of the statements given above are correct?

a) 1 and 2 only

b) 2 and 3 only

c) 1 and 3 only

d) 1, 2 and 3

Answer: c

Explanation:

The National Commission for Minority Educational Institutions was set up in 2004. The Government brought out an Ordinance in November 2004 establishing the Commission. Later a bill was introduced in the Parliament in December 2004 and both Houses passed the Bill. The NCMEI Act was notified in January 2005.

The Commission is mandated to look into specific complaints regarding deprivation or violation of rights of minorities to establish and administer educational institutions of their choice. ∙ This Commission is a quasi-judicial body and has been endowed with the powers of a Civil Court. So, statement 1 is correct.

∙ It is to be headed by a Chairman who has been a Judge of the High Court and three members are to be nominated by Central Government. The Commission has 3 roles namely adjudicatory function, advisory function and recommendatory powers. So, statement 2 is not correct.

∙ So far as affiliation of a minority educational institution to a university is concerned, the decision of the Commission would be final. So, statement 3 is correct.

Many state governments still do not have any rules for recognition of institutions as minority institutions. The Central government has also not issued any comprehensive guidelines for the recognition of minority institutions. That is why a statutory commission was given the task in 2004 of determining the minority status of educational institutions in cases where a state government refuses or sleeps over the ‘no objection’ request for the establishment of a minority educational institution. The NCMEI Act lays down that the commission will have the power to intervene in such cases. The Act gives state governments 90 days to make a decision one way or the other; if it fails to clear the file in that period, ‘no objection’ shall be deemed to have been given. The commission was originally given the mandate of facilitating direct affiliation of a minority institution to six central universities listed in the schedule. Two subsequent amendments further broadened its powers and mandate.

Therefore, the correct answer is c.

4. The Vice President can be removed from the office by a

(a) resolution passed by both the Houses with special majority

(b) executive resolution passed by the Union Cabinet to be approved by the Parliament

(c) resolution passed by a majority of the Rajya Sabha and agreed to by the Lok Sabha

(d) None of the above

Answer: c

Explanation:

The Vice-President holds office for a term of five years from the date on which he enters upon his office. However, he can resign from his office at any time by addressing the resignation letter to the President. He can also be removed from the office before completion of his term. A formal impeachment is not required for his removal. He can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha. This means that this resolution should be passed in the Rajya Sabha by an effective majority and in the Lok Sabha by a simple majority. It must be noted here that the effective majority in India is only a type of special majority and not a separate one. Further, this resolution can be introduced only in the Rajya Sabha and not in the Lok Sabha. But, no such resolution can be moved unless at least 14 days’ advance notice has been given. Notably, no ground has been mentioned in the Constitution for his removal.

Therefore, the correct answer is c.

5. Consider the following provisions with reference to the Original Jurisdiction of High Courts:

1. Disputes relating to elections of Members of the Parliament and State Legislatures

2. Interstate River water disputes

3. Enforcement of Fundamental Rights

Which of the provisions 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: b

Explanation:

Original Jurisdiction means the power of a High Court to hear disputes in the first instance, not by way of appeal. It extends to the following:

(a) Matters of admiralty and contempt of court.

(b) Disputes relating to the election of members of the Parliament and State Legislatures. So, provision 1 is correct.

(c) Regarding revenue matter or an act ordered or done in revenue collection.

(d) Enforcement of fundamental rights of citizens. So, provision 3 is correct.

(e) Cases ordered to be transferred from a subordinate court involving the interpretation of the Constitution to its own file.

(f) The four High Courts (i.e., Calcutta, Bombay, Madras and Delhi High Courts) have original civil jurisdiction in cases of higher value.

The river water disputes are looked by the Supreme Court. Parliament by law may provide for the adjudication of any dispute with respect to use, control and distribution of Inter-state River and may also provide that neither the Supreme Court nor any other court is to exercise their jurisdiction in this regard. However, as Inter-state water dispute falls under public welfare, the Supreme Court held that it can interfere in any such disputes. . So, provision 2 is not correct.

Therefore, the correct answer is b.