SET- 20 POLITY & GOVERNANCE

Transcription

1 1 SET- 20 POLITY & GOVERNANCE

2 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 2 Q. 1. Consider the following statements regarding Fundamental Duties 1. Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the Fundamental Duties are confined to Citizens only and do not extend to foreigners. 2. The Parliament of India is free to enforce them by suitable legislation. Which of the following statements are Correct? a. 1 only b. 2 only c. Both 1 and 2 d. Neither 1 nor 2 ANS: Both 1 and 2 Some of them are moral duties while others are civic duties. For instance, cherishing noble ideals of freedom struggle is a moral precept and respecting the Constitution, National Flag and National Anthem is a civic duty. They refer to such values which have been a part of the Indian tradition, mythology, religions and practices. In other words, they essentially contain just a codification of tasks integral to the Indian way of life. Unlike some of the Fundamental Rights which extend to all persons whether citizens or foreigners, the Fundamental Duties are confined to citizens only and do not extend to foreigners. Like the Directive Principles, the fundamental duties are also nonjusticiable. The Constitution does not provide for their direct enforcement by the courts. Moreover, there is not legal sanction against their violation. However, the Parliament is free to enforce them by suitable legislation.

3 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 3 Q. 2. Consider the following statements regarding The Vice-President 1. All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Election Commission of India whose decision is final. 2. The election of a person as Vice-President can be challenged on the ground that the Electoral College was incomplete. 3. He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise and can act as President only for a maximum period of six months. Which of the following statements are Incorrect? a. 1 only b. 2 and 3 c. 1 and 2 ANS: 1 and 2 All doubts and disputes in connection with election of the Vice-President are inquired into and decided by the Supreme Court whose decision is final. The election of a person as Vice-President cannot be challenged on the ground that the electoral college was incomplete (i.e., existence of any vacancy among the members of electoral college). If the election of a person as Vice President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated (i.e., they continue to remain in force). He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise.

4 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 4 He can act as President only for a maximum period of six months within which a new President has to be elected. While acting as President or discharging the functions of President, the Vice-President does not perform the duties of the office of the chairman of Rajya Sabha. During this period, those duties are performed by the Deputy Chairman of Rajya Sabha. Q. 3. Which Articles in the Constitution give provisions for the electoral system in our country? a. Articles b. Articles c. Articles d. Articles ANS: Articles Q. 4. Which of the following are features of Parliamentary form of government in India? 1. Majority party rule 2. Dissolution of the lower House 3. Presence of nominal and real executives Select the answer from the Codes a. 1 and 2 b. 1 and 3 c. 3 only ANS: All of the above

5 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 5 The parliamentary system is also known as the Westminster model of government, responsible government and cabinet government. The Constitution establishes the parliamentary system not only at the Centre but also in the states. The features of parliamentary government in India are: (a) Presence of nominal and real executives; (b) Majority party rule (c) Collective responsibility of the executive to the legislature, (d) Membership of the ministers in the legislature, (e) Leadership of the prime minister or the chief minister, (f) Dissolution of the lower House (Lok Sabha or Assembly). Even though the Indian Parliamentary System is largely based on the British pattern, there are some fundamental differences between the two. For example, the Indian Parliament is not a sovereign body like the British Parliament. Further, the Indian State has an elected head (republic) while the British State has hereditary head (monarchy). Q. 5. Consider the following statements regarding Consequences of President s Rule 1. The Parliament or in case of delegation, the President or any other specified authority can make laws conferring powers and imposing duties on the Centre or its officers and authorities. 2. The practice has been for the president to make laws for the state in consultation with the members of Parliament from that state which are known as President s Acts. 3. A law made by the Parliament or president or any other specified authority expires after the President s Rule. Which of the following statements are Correct? a. 1 and 2 b. 1 and 3 c. 2 and 3

6 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 6 ANS: 1 and 2 President either suspends or dissolves the state legislative assembly. The Parliament passes the state legislative bills and the state budget. The practice has been for the president to make laws for the state in consultation with the members of Parliament from that state. Such laws are known as President s Acts. A law made by the Parliament or president or any other specified authority continues to be operative even after the President s Rule. When the state legislature is thus suspended or dissolved: The Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him in this regard, The Parliament or in case of delegation, the President or any other specified authority can make laws conferring powers and imposing duties on the Centre or its officers and authorities The President can authorise, when the Lok Sabha is not in session, expenditure from the state consolidated fund pending its sanction by the Parliament, The President can promulgate, when the Parliament is not in session, ordinances for the governance of the state. Q. 6. The resolution for removing the Vice-President of India can be moved in the: a. Lok Sabha b. Either house of the Parliament c. Joint Sitting d. Rajya Sabha alone ANS: Rajya Sabha alone

7 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 7 The term of office of the Vice President is five years. The term may end earlier by resignation which should be addressed to the President. The term may also terminate earlier by removal. The Vice President can be removed by a resolution by the members of the Rajya Sabha. To move such resolution, a 14 days notice is to be given. Such a resolution, though passed by the Rajya Sabha only, but must be agreeable to the Lok Sabha. There is no need of impeachment of Vice President for removal. Q. 7. Consider the following statements regarding Official Language. 1. The Official Language Act (1963) lays down that English should be used for purposes of communication between the Union and the non Hindi states. 2. When the Parliament (on a demand being made) is satisfied that a substantial proportion of the population of a state desire the use of any language spoken by them to be recognised by that state, then such language shall also be officially recognised in that state. Which of the following statements are Correct? a. 1 only b. 2 only c. Both 1 and 2 d. Neither 1 nor 2 ANS: 1 only

8 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 8 The Official Language Act (1963) lays down that English should be used for purposes of communication between the Union and the non Hindi states (that is, the states that have not adopted Hindi as their official language). Further, where Hindi is used for communication between a Hindi and a non-hindi state, such communication in Hindi should be accompanied by an English translation. When the President (on a demand being made) is satisfied that a substantial proportion of the population of a state desire the use of any language spoken by them to be recognised by that state, then he may direct that such language shall also be officially recognised in that state. This provision aims at protecting the linguistic interests of minorities in the states. Q. 8. The entry Public Health and Sanitation is included in the Constitution of India in: a. State List b. Union List c. Concurrent d. None of the above ANS: State List The State List or List-II is a list of 61 items (Initially there were 66 items in the list) in Seventh Schedule to the Constitution of India. The legislative section is divided into three lists: Union List, State List and Concurrent List. Unlike the federal governments of the United States, Switzerland or Australia, residual powers remain with the Union Government, as with the Canadian federal government. Q. 9. Consider the following statements regarding Committee of Parliament on Official Language.

9 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 9 1. Under the The Official Language Act (1963), a Committee was to be constituted after ten years of the promulgation of the Act to review the progress made in the use of Hindi for the official purpose of the Union. 2. The resolution to this effect can be moved in the Rajya Sabha only 3. The previous sanction of the President is needed for it. 4. As a convention, the Prime Minister has been elected as Chairman of the Committee from time to time. Which of the following statements are Correct? a. 1 and 2 b. 1 and 3 c. 3 and 4 ANS: 1 and 3 The Official Language Act (1963) provided for the setting up of a Committee of Parliament on Official Language to review the progress made in the use of Hindi for the official purpose of the Union. Under the Act, this Committee was to be constituted after ten years of the promulgation of the Act (i.e., 26 th January, 1965). Accordingly, this Committee was set up in This Committee comprises of 30 members of Parliament, 20 from Lok Sabha and 10 from Rajya Sabha. The Act contains the following provisions relating to the composition and functions of the committee: 1. After the expiration of ten years from the date on which the Act comes into force, there shall be constituted a Committee on Official Language, on a resolution to that effect being moved in either House of Parliament with the previous sanction of the President and passed by both Houses.

10 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE The Committee shall consist of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote. 3. It shall be the duty of the Committee to review the progress made in the use of Hindi for the official purposes of the Union and submit a report to the President making recommendations thereon and the President shall cause the report to be laid before each House of Parliament and sent it to all the State Governments. 4. The President may, after consideration of the report, and the views, expressed by the State Governments thereon, issue directions in accordance with the whole or any part of the report. 5. The Chairman of the Committee is elected by the members of the Committee. 6. As a convention, the Union Home Minister has been elected as Chairman of the Committee from time to time. Q. 10. Which of the following statements regarding the Municipalities are Correct? 1. All the members of a municipality shall be elected Indirectly. 2. The state legislature may provide the manner of election of the chairperson of a municipality. 3. A municipality reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period. 4. All questions of disqualifications shall be referred to State Election Commission. Select the answer from the Codes a. 1, 2 and 3 b. 2 and 3 c. 1, 3 and 4

11 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 11 ANS: 2 and 3 All the members of a municipality shall be elected directly by the people of the municipal area. For this purpose, each municipal area shall be divided into territorial constituencies to be known as wards. The state legislature may provide the manner of election of the chairperson of a municipality. The state legislature may provide for the manner of reservation of offices of chairpersons in the municipalities for SCs, STs and women. It may also make any provision for the reservation of seats in any municipality or offices of chairpersons in municipalities in favour of backward classes. A municipality reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period. The superintendence, direction and control of the preparation of electoral rolls and the conduct of all elections to the municipalities shall be vested in the state election commission. The state legislature may make provision with respect to all matters relating to elections to the municipalities. No person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years. Further, all questions of disqualifications shall be referred to such authority as the state legislature determines. Q. 11. Consider the following statements regarding District Planning Committee 1. Half of the members should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves. 2. The representation of these members in the committee should be in proportion to the ratio between the rural and urban populations in the district.

12 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 12 Which of the following statements are Incorrect? a. 1 only b. 2 only c. Both 1 and 2 d. Neither 1 nor 2 ANS: 1 only Every state shall constitute at the district level, a district planning committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole. The state legislature may make provisions with respect to the following: 1. The composition of such committees 2. The manner of election of members of such committee 3. The functions of such committees in relation to district planning 4. The manner of the election of the chairpersons of such committees. The act lays down that four-fifths of the members of a district planning committee should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves. The representation of these members in the committee should be in proportion to the ratio between the rural and urban populations in the district. The chairperson of such committee shall forward the development plan to the state government.

13 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 13 Q. 12. Consider the following statements regarding Prime Minister. 1. The resignation or death of an incumbent Prime Minister do not dissolves the council of ministers. 2. He advises the president with regard to the appointment of Comptroller and Auditor General of India. 3. Constitutionally, the Prime Minister may be a member of any of the two Houses of parliament. Which of the following statements are Correct? a. 1 and 2 b. 1 and 3 c. 2 and 3 ANS: 2 and 3 Since the Prime Minister stands at the head of the council of ministers, the other ministers cannot function when the Prime Minister resigns or dies. In other words, the resignation or death of an incumbent Prime Minister automatically dissolves the council of ministers and thereby generates a vacuum. The resignation or death of any other minister, on the other hand, merely creates a vacancy which the Prime Minister may or may not like to fill. He advises the president with regard to the appointment of important officials like attorney general of India, Comptroller and Auditor General of India, chairman and members of the UPSC, election commissioners, chairman and members of the finance commission and so on. Constitutionally, the Prime Minister may be a member of any of the two Houses of parliament.

14 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 14 Q. 13. Consider the following statements regarding District Rural Development Agency (DRDA) 1. The primary objective of the scheme of DRDA administration is to strengthen and professionalise to effectively enhance the quality of implementation of anti-poverty programmes of the Union Ministry of Rural Development. 2. The DRDA would be headed by a project director, who should be of the rank of an Additional District Magistrate. 3. The chairman of Zilla parishad cannot be the chairman of the governing body of the DRDA. Which of the following statements are Correct? a. 1 and 2 b. 2 and 3 c. 1 and 3 ANS: 1 and 2 A District Rural Development Agency (DRDA) is the principal organ at the district level to manage and oversee the implementation of different anti-poverty programmes of the Union Ministry of Rural Development. The primary objective of the scheme of DRDA administration is to strengthen and professionalise the DRDAs so that they are able to effectively enhance the quality of implementation of anti-poverty programmes of the Union Ministry of Rural Development. The DRDAs are also expected to coordinate effectively with the line departments, Panchayati Raj institutions, banks and other financial institutions, the NGOs as well as technical institutions with a view to gathering support and resources required for poverty reduction effort in the district. The DRDAs are expected to deal only with the anti-poverty programmes of the Union Ministry of Rural Development.

15 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 15 If DRDAs are entrusted with programmes of other ministries or those of the state governments, it should be ensured that these have a definite anti-poverty focus. Each district will have its own DRDA. The DRDA would be headed by a project director, who should be of the rank of an Additional District Magistrate. In respect of such states where DRDAs do not have a separate identity, a cell will be created in the zilla parishad to maintain separate accounts so that these are capable of being audited separately. The chairman of zilla parishad would be the chairman of the governing body of the DRDA. Q. 14. The Parliament shall have and the legislature of a state shall not have power to make laws with respect to which of the following matters? 1. Indemnifying any government servant or any other person for any act done during the operation of martial law in any area. 2. Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs of all kinds for the enforcement of fundamental rights 3. Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc. Select the answer from the Codes a. 1 only b. 1 and 3 c. 2 and 3 ANS: All of the above

16 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 16 Article 35 extends the competence of the Parliament to make a law on the matters specified above, even though some of those matters may fall within the sphere of the state legislatures (i.e., State List) The Parliament shall have (and the legislature of a state shall not have) power to make laws with respect to the following matters: 1. Prescribing residence as a condition for certain employments or appointments in a state or union territory or local authority or other authority (Article 16). 2. Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs of all kinds for the enforcement of fundamental rights (Article 32). 3. Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc. (Article 33). 4. Indemnifying any government servant or any other person for any act done during the operation of martial law in any area (Article 34). Q. 15. Consider the following statements regarding Legal Aid. 1. Article 40A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. 2. The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes. 3. Persons in custody are not eligible for getting free legal services. Which of the following statements are Correct? a. 1 and 2 b. 2 only c. 1 and 3

17 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 17 ANS: 2 only Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act. The persons eligible for getting free legal services include:- (i) Women and children (ii) Members of SC/ST (iii) Industrial workmen (iv) Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster (v) Disabled persons (vi) Persons in custody (vii) Persons whose annual income does not exceed Rs. 1 lakh (in the Supreme Court Legal Services Committee the limit is Rs. 1,25,000/-). (viii) Victims of trafficking in human beings or begar. Q. 16. Consider the following statements regarding Advocate General of the State 1. The term of office of the advocate general is fixed by the Constitution. 2. He receives such remuneration as the Governor may determine. 3. He does not have the right to speak and but can take part in the proceedings of both the Houses of the state legislature. 4. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice. Which of the following statements are Correct? a. 1, 3 and 4

18 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 18 b. 2 and 4 c. 1 and 3 ANS: 2 and 4 The advocate general is appointed by the governor. He must be a person who is qualified to be appointed a judge of a high court. The term of office of the advocate general is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the governor. This means that he may be removed by the governor at any time. He may also quit his office by submitting his resignation to the governor. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice. The remuneration of the advocate general is not fixed by the Constitution. He receives such remuneration as the governor may determine. He has the right to speak and to take part in the proceedings of both the Houses of the state legislature or any committee of the state legislature of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a member of the state legislature. Q. 17. Which of the following agencies/organisations/institutions work under the administrative control of the Ministry of Home Affairs? 1. Office of the Custodian of Enemy Property for India 2. Indian Council for Cultural Relations 3. Inter-State Council Secretariat 4. Bureau of Immigration 5. National Crime Records Bureau

19 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 19 Select the answer from the Codes a. 1, 2 and 5 b. 1, 3, 4 and 5 c. 3 and 5 ANS: 1, 3, 4 and 5 Indian Council for Cultural Relations (Ministry of External Affairs) Q. 18. Consider the following questions regarding The Central Council of Local Government 1. It was constituted under Article 263 of the Constitution of India by an order of the President of India. 2. It consists of the Minister for Urban Development in the Government of India and the ministers for local self government in states. 3. The Union minister is not the Chairman of the Council. 4. The Council is a non advisory body. Which of the following statements are Correct? a. 1 and 3 b. 1 and 2 c. 3 and 4 ANS: 1 and 2

20 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 20 The Central Council of Local Government was set up in It was constituted under Article 263 of the Constitution of India by an order of the President of India. Originally, it was known as the Central Council of Local Self-Government. However, the term self-government was found to be superfluous and hence was replaced by the term government in the 1980s. Till 1958, it dealt with both urban as well as rural local governments, but after 1958 it has been dealing with matters of urban local government only. The Council is an advisory body. It consists of the Minister for Urban Development in the Government of India and the ministers for local self government in states. The Union minister acts as the Chairman of the Council. The Council performs the following functions with regard to local government: (i) Considering and recommending the policy matters (ii) Making proposals for legislation (iii) Examining the possibility of cooperation between the Centre and the states (iv) Drawing up a common programme of action (v) Recommending Central financial assistance (vi) Reviewing the work done by the local bodies with the Central financial assistance Q. 19. In which of the following matters, the powers and status of the State Legislative councils are unequal to that of the State Legislative assembly? 1. Enlargement of the jurisdiction of the state public service commission 2. Approval of ordinances issued by the governor 3. The council cannot amend or reject a money bill. It should return the bill to the assembly within 14 days, either with recommendations or without recommendations. Select the answer from the Codes a. 1 and 2

21 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 21 b. 1 and 3 c. 3 only ANS: 3 only In the following matters, the powers and status of the council are broadly equal to that of the assembly: 1. Introduction and passage of ordinary bills. However, in case of disagreement between the two Houses, the will of the assembly prevails over that of the council 2. Approval of ordinances issued by the governor 3. Selection of ministers including the chief minister. Under the Constitution the, ministers including the chief minister can be members of either House of the state legislature. However, irrespective of their membership, they are responsible only to the assembly. 4. Consideration of the reports of the constitutional bodies like State Finance Commission, state public service commission and Comptroller and Auditor General of India. 5. Enlargement of the jurisdiction of the state public service commission. Q. 20. Under which of the following conditions security deposits of a candidate contesting for a Lok Sabha seat is returned to him/her? 1. The nomination made by the candidate if found to be invalid. 2. The candidate has withdrawn his/her nomination even through it is found valid. 3. The candidate lost the polls but secured 1 /6th of the total number of valid votes polled in that election. Which of the following statements are Correct? a. 1 and 2 b. 1 and 3 c. 2 and 3

22 FINAL LAP REVISION FOR PRELIMS SET 20- POLITY & GOVERNANCE 22 ANS: All of the above Q. 21. Which of the following electoral systems have been adopted for various elections in India? 1. System of direct elections on the basis of adult suffrage. 2. System of proportional representation by means of the single transferable vote. 3. List system of proportional representation. 4. Cumulative system of indirect elections. Select the answer from the Codes a. 1 and 2 b. 1 and 3 c. 1, 2 and 3 ANS: 1 and 2