Indian polity & Governance Test 10

Solution: a)

A parliamentary committee means a committee that:

1. Is appointed or elected by the House or nominated by the Speaker / Chairman1
2. Works under the direction of the Speaker / Chairman
3. Presents its report to the House or to the Speaker / Chairman
4. Has a secretariat provided by the Lok Sabha / Rajya Sabha

Solution: b)

The Speaker appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises their functioning. He himself is the chairman of the Business Advisory Committee, the Rules Committee and the General Purpose Committee.

Solution: d)

Originally, it had 25 members but in 1956 its membership was raised to 30. All the thirty members are from Lok Sabha only. The Rajya Sabha has no representation in this committee. (Statement 1)

It examines the budget estimates only after they have been voted by the Parliament, and not before that. (Statement 3)

Solution: d)

This committee classifies bills and allocates time for the discussion on bills and resolutions introduced by private members (other than ministers). This is a special committee of the Lok Sabha and consists of 15 members including the Deputy Speaker as its chairman. The Rajya Sabha does not have any such committee. The same function in the Rajya Sabha is performed by the Business Advisory Committee of that House.

Solution: b)

This committee was set up first in 1921 under the provisions of the Government of India Act of 1919 and has since been in existence. (Statement 1)

It is not vested with the power of disallowance of expenditures by the departments. (Statement 3)

Solution: d)

Statements 1 and 4 are compulsory provisions and statements 2 and 3 are voluntary provisions.

India’s first railway university, The National Rail and Transportation Institute (NRTI) was inaugurated in Vadodara, Gujarat.

Solution: a)

The Gram Nyayalayas Act, 2008 has been enacted to provide for the establishment of the Gram Nyayalayas at the grass roots level for the purposes of providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen due to social, economic or other disabilities.

The presiding officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court.

The Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts.

The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it shall make use of the conciliators to be appointed for this purpose.

Solution: c)

The six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression (i.e., external emergency) and not on the ground of armed rebellion (i.e., internal emergency).

Solution: b)

Article 324 of the Constitution has made the provisions with regard to the composition of election commission.

The Election Commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time to time fix.

The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president.

In case of difference of opinion amongst the Chief election commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.

Solution: c)

The commission is a multi-member body consisting of a chairman and four members. The chairman should be a retired chief justice of India, and members should be serving or retired judges of the Supreme Court, a serving or retired chief justice of a high court and two persons having knowledge or practical experience with respect to human rights.

Solution: d)

Federalism refers to the division of responsibilities and functions between the Centre and States. Fiscal federalism is an important component of federalism. It refers to all financial matters conducted between the Centre and states with a view of a political federal structure in mind.

For e.g. the 14^th FC has radically enhanced the share of the states in the central divisible pool from 32 percent to 42 per cent which is the biggest ever increase in vertical tax devolution.

This is supposed to strengthen fiscal federalism.

Solution: b)

Gram panchayat has a Secretary who is also the secretary of the Gram Sabah. This person is not an elected person but is appointed by the state government, to oversee panchayat activities. He is responsible for calling the meetings of the Gram Sabha and Gram Panchayat and keep a record of the proceedings.

Solution: d)

Article 253 – Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

Solution: c)

Like the Directive Principles, the fundamental duties are also non-justiciable. 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.

The Fundamental Duties are confined to citizens only and do not extend to foreigners.

Solution: d)

Statement 1 – This is the responsibility of the cabinet and more importantly the Prime minister.

Statement 2 – no body supervises the work of state legislatures. At most, the parliament can interfere in state legislative matters in special circumstances such as national emergency, Rajya sabha resolution etc.

Statement 3 – Heads of constitutional bodies are appointed by the President.

Answer – B

• Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states. While the UPSC and the SPSC are created directly by the Constitution, a JSPSC can be created by an act of Parliament on the request of the state legislatures concerned. Hence statement 1 is incorrect
• The chairman and members of a JSPSC are appointed by the president. They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier. Hence statement 2 is correct

Answer – A

• The entire expense including the salaries, allowances and pensions of the chairman and members of a SPSC are charged on the consolidated fund of the state. Thus, they are not subject to vote of the state legislature. Hence statement 1 is correct.
• The chairman of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman or a member of the UPSC or as the chairman of any other SPSC, but not for any other employment under the Government of India or a state. The chairman or a member of a SPSC is (after having completed his first term) not eligible for reappointment to that office (that is, not eligible for second term). Hence statement 2 is incorrect.

Answer – B

• President can remove a member under the following circumstances:

• • If he is adjudged an insolvent (i.e., has gone bankrupt). Hence statement 2 is correct.
  • If he engages, during his term of office, in any paid employment outside the duties of his office. Hence statement 3 is correct.
  • If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body.

• In addition to these, the president can also remove the chairman or any other member of SPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry.
• Constitution has also defined the term ‘misbehaviour’ in this context. The Constitution states that the chairman or any other member of a SPSC is deemed to be guilty of misbehaviour, if he

• • is concerned or interested in any contract or agreement made by the Government of India or the government of a state. Hence both statement 1 is incorrect.
  • participates in any way in the profit of such contract or agreement or in any benefit therefrom otherwise than as a member and in common with other members of an incorporated company.

Answer – A

• Although the chairman and members of a SPSC are appointed by the governor, they can be removed only by the president (and not by the governor). The president can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC. Hence option A is correct.

Answer – D

• A State Public Service Commission consists of a chairman and other members appointed by the governor of the state. The Constitution does not specify the strength of the Commission but has left the
  matter to the discretion of the Governor. Hence statement 1 is incorrect.
• Further, no qualifications are prescribed for the commission’s membership except that one-half of the members of the commission should be such persons who have held office for at least ten years either under the government of India or under the Government of a state. Hence statement 2 is incorrect.
• The Constitution also authorises the governor to determine the conditions of service of the chairman and members of the Commission.