TEST 06: INDIAN POLITY AND CONSTITUTION

Syllabus: Amendment, Parliamentary and Federal system, Center-State and Inter-state relation

1.With reference to the procedure for constitutional amendment under Article 368, consider the following statements:

1. The bill for amendment cannot be introduced without the prior permission of the president.

2. The bill for amendment can be introduced in either house of the parliament but not in the state legislatures

3. If the bill seeks to amend the federal provisions of the constitution, it must also be ratified by legislatures of half of the states by special majority

Which of the statements given above is/are correct?

A. 1 and 3 only

B. 2 only

C. 2 and 3 only

D. 1, 2 and 3

2. Consider the following statements:

1. Article 368 provides the provision of holding a joint sitting in case of disagreement between the two houses over the constitutional amendment bill

2. Under Article 368, a number of provisions in the constitution can be amended by a simple majority

3. It is mandatory for the President to give his assent to the constitutional amendment bill under Article 368

Which of the statements given above is/are correct?

A.  2 and 3 only

B. 1 and 2 only

C. 2 only

D.  3 only

3. Which of the following provisions of the constitution do not require consent of the states?

A. Election of the President and its manner

B.  Union List given in the seventh schedule of the Indian constitution

C. Elections to Parliament and state legislatures

D. Power of the Parliament to amend the constitution and its procedure

4. Which of the following represent the federal features of the Indian constitution?

1. Flexible Constitution

2. Supremacy of the constitution

3. Integrated Judiciary

4. Bicameralism

Select the correct answer from the code given below:

A.  1, 2 and 4 only

B.  2 and 4 only

C.  2, 3 and 4 only

D.  1, 2, 3 and 4

5. Consider the following statements:

1. Both India and Britain have a system of legal responsibility of minister.

2. Parliamentary system ensures formulation and continuity of long term policies.

3. Harmony between the legislature and executive is envisaged in the parliamentary system of government.

Which of the statements given above is/are correct?

A.  1 and 3 only

B. 2 and 3 only

C. 3 only

D. 1, 2 and 3

6. With reference to the Presidential form of government, consider the following statements:

1. President is both the head of the state and the head of government

2. It is characterized by fusion of power as opposed to separation of powers which is a feature of the parliamentary form of government

3. Stability of the government is envisaged in Presidential form of government

Which of the statements given above is/are correct?

A.  2 and 3 only

B. 1 and 3 only

C.  1 and 2 only

D.  1, 2 and 3

7. Consider the following statement:

1. During the president’s rule, the laws made by the parliament on any matters in the state list continue to be operative even after the president’s rule

2. In case of a conflict between a central law and state law on a subject enumerated in the concurrent list, the central law always prevails over the state law without any exception

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

8. Consider the following statements regarding Parliament:

1. The Parliament is the legislative organ of the Union government as well of State government.

2. Parliament occupies a pre-eminent and central position in the Indian democratic political system due to adoption of the parliamentary form of government, also known as ‘Westminster’ model of government.

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

A. Only 1

B. Only 2

C. Both 1 and 2

D. Neither 1 nor 2

9. Consider the following statements regarding organisation of Parliament under the Constitution of India:

1. Under the Constitution, the Parliament of India consists of three parts viz, the President, the Council of States and the House of the People.

2. In 1954, the Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’ were adopted by the Council of States and the House of People respectively.

3. The Rajya Sabha is the Upper House (Second Chamber or House of Elders) and the Lok Sabha is the Lower House (First Chamber or Popular House).

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

A. Only 1

B. 1 and 2

C. 1 and 3

D. All of the above

10. President of India is a part of which of the following two houses of the parliament?

A. Upper House

B. Lower House

C. Both A and B

D. Neither A nor B

11. Consider the following statements regarding the composition of Rajya Sabha:

1. The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the president.

2. At present, the Rajya Sabha has 245 members. Of these, 229 members represent the states, 4 members represent the union territories and 12 members are nominated by the president.

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

A. Only 1

B. Only 2

C. Both 1 and 2

D. Neither 1 nor 2

12. Which of the following statements is true regarding the representatives of states in Rajya Sabha:

1. The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies.

2. The election of representatives of states is held in accordance with the system of proportional representation by means of the single transferable vote.

3. The seats are allotted to the states in the Rajya Sabha on the basis of population.

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

A. Only 1

B. 1 and 2

C. 1 and 3

D. All of the above

13. Consider the following statements regarding election of the representatives of states for the Lok Sabha:

1. The voting age of an individual was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988.

2. The representatives of states in the Lok Sabha are directly elected by the people from the territorial constituencies in the states.

3. Every Indian citizen who is above 18 years of age and who is not disqualified under the provisions of the Constitution or any law is eligible to vote at such election.

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

A. Only 1

B. 1 and 2

C. 1 and 3

D. All of the above

14. In order to make re-adjustment and allocation of seats in the Lok Sabha the states after each census, the Parliament enacted the Delimitation Commission Acts in which of the following years?

A. 1952

B. 1962

C. 1972

D. All of the above

15. Which of the following Amendment Act of the constitution of India froze the allocation of seats in the Lok Sabha to the states and the division of each state into territorial constituencies till the year 2000 at the 1971 level?

A. The 42nd Amendment Act

B. The 84th Amendment Act

C. The 87th Amendment Act

D. The 95th Amendment Act

ANSWERS

1. B

• The bill for amendment under Article 368 can be introduced either by a minister or by a private member and does not require prior permission of the president.

• An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.

• If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.

2. D

• Each House must pass the amendment bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.

• Article 368 provides for two types of amendments, that is, by a special majority of Parliament and also through the ratification of half of the states by a simple majority. But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368.

• The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.

3. C

• The following provisions are amended by special majority and consent of half of the state legislatures by a simple majority:

1. Election of the President and its manner.

2. Extent of the executive power of the Union and the states.

3. Supreme Court and high courts.

4. Distribution of legislative powers between the Union and the states.

5. Any of the lists in the Seventh Schedule.

6. Representation of states in Parliament.

7. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

• Amendments in provisions related to elections to parliament and state legislature can be done by a special majority and does not require the consent of states.

4. B

• Following reflect the federal features of the Indian constitution:

1. Dual Polity

2. Written Constitution

3. Supremacy of the constitution

4. Rigid Constitution

5. Division of Powers

6. Independent Judiciary

7. Bicameralism

5. C

• Britain has the system of legal responsibility of the minister while India has no such system. Unlike in Britain, the ministers in India are not required to countersign the official acts of the Head of the State.

• The parliamentary system is not conductive for the formulation and implementation of long-term policies. This is due to the uncertainty of the tenure of the government. A change in the ruling party is usually followed by changes in the policies of the government.

• The greatest advantage of the parliamentary system is that it ensures harmonious relationship and cooperation between the legislative and executive organs of the government. The executive is a part of the legislature and both are interdependent at work. As a result, there is less scope for disputes and conflicts between the two organs

6. B

• President is both the head of the State and the head of government. As the head of State, he occupies a ceremonial position. As the head of government, he leads the executive organ of government.

• The doctrine of separation of powers is the basis of the presidential system. The legislative, executive and judicial powers of the government are separated and vested in the three independent organs of the government.

• In presidential form of government, the president is elected for a fixed tenure. The procedure for his removal is difficult. Thus, the government generally survive its tenure and the ministers do not depend on the mercy of the majority legislators for their continuity. This provides stability

7. A

• During President’s Rule When the President’s rule is imposed in a state, the Parliament becomes empowered to make laws with respect to any matter in the State List in relation to that state. A law made so by the Parliament continues to be operative even after the president’s rule. This means that the period for which such a law remains in force is not co-terminus with the duration of the President’s rule. But, such a law can be repealed or altered or re-enacted by the state legislature.

• In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law. But, there is an exception. If the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state.

• But, it would still be competent for the Parliament to override such a law by subsequently making a law on the same matter.

8. B

• The Parliament is the legislative organ of the Union government. It occupies a pre-eminent and central position in the Indian democratic political system due to adoption of the parliamentary form of government, also known as ‘Westminster’ model of government.

• Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges, powers and so on of the Parliament.

9. D

10. D

• Though the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he is an integral part of the Parliament. This is because a bill passed by both the Houses of Parliament cannot become law without the President’s assent.

• He also performs certain functions relating to the proceedings of the Parliament, for example, he summons and prorogues both the Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when they are not in session, and so on.

11. C

• The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the president.

• At present, the Rajya Sabha has 245 members. Of these, 229 members represent the states, 4 members represent the union territories and 12 members are nominated by the president. The Fourth Schedule of the Constitution deals with the allocation of seats in the Rajya Sabha to the states and union territories.

12. D

13. D

14. D

15. A

• The 42nd Amendment Act of 1976 froze the allocation of seats in the Lok Sabha to the states and the division of each state into territorial constituencies till the year 2000 at the 1971 level.

• This ban on readjustment was extended for another 25 years (i.e., up to year 2026) by the 84th Amendment Act of 2001, with the same objective of encouraging population limiting measures.