Indian polity & Governance Test 8

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: c

Solution: b

Procedure established by law – Japanese constitution

Federation with strong centre – Canadian constitution

Cabinet system – British constitution

Joint sitting of the two houses of the parliament – Australian constitution

Solution: d

The Supreme Court held that the freedom of speech and expression includes the following:

(a) Right to propagate one’s views as well as views of others.

(b) Freedom of the press.

(c) Freedom of commercial advertisements.

(d) Right against tapping of telephonic conversation.

(e) Right to telecast, that is, government has no monopoly on electronic media.

(f) Right against bundh called by a political party or organisation.

(g) Right to know about government activities.

(h) Freedom of silence.

(i) Right against imposition of pre-censorship on a newspaper.

(j) Right to demonstration or picketing but not right to strike.

The State can impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence.

Solution: d

The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution. Granville Austin has described the Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution’.

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 National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society.

It organizes Lok Adalats for amicable settlement of disputes.

Public awareness, equal opportunity and deliverable justice are the cornerstones on which the edifice of NALSA is based. Apart from this, functions of NALSA include spreading legal literacy and awareness, undertaking social justice litigations etc.

Persons whose annual income does not exceed Rs. 1 lakh are eligible for getting free legal services.

Solution: d

NALSA along with other Legal Services Institutions conducts Lok Adalats. Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987.

There is no court fee payable when a matter is filed in a Lok Adalat.

Reference: https://nalsa.gov.in/lok-adalat

Solution: a

The Family Courts Act, 1984 was enacted to provide for the establishment of Family Courts with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs.

Family Courts Act, 1984 provides for the establishment of Family Courts by the State Governments in consultation with the High Courts.

Solution: c

Nyaya Panchayats have been constituted in some states. They possess the authority to hear some petty civil and criminal cases. They can impose fines but cannot award a sentence. They have often been successful in bringing about an agreement amongst contending parties. They have been effective in punishing men who harass women for dowry and perpetuate violence against them.

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 Constitution has not specified the term of the members of the Election Commission.

Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.

The Constitution has not debarred the retiring election commissioners from any further appointment by the government.

Solution: b

The additional functions relating to the services of the Union can be conferred on UPSC by the Parliament. It can also place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC. Hence the jurisdiction of UPSC can be extended by an act made by the Parliament.

Solution: d

A State Public Service Commission consists of a chairman and other members appointed by the governor of the state. They can be removed only by the president. The Constitution does not specify the strength of the Commission but has left the matter to the discretion of the Governor. 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.

Solution: c

The Finance Commission is required to make recommendations to the president of India on the following matters:

1. The distribution of the net proceeds of taxes to be shared between the Centre and the states, and the allocation between the states of the respective shares of such proceeds.
2. The principles that should govern the grants-in-aid to the states by the Centre (i.e., out of the consolidated fund of India).
3. The measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats and the municipalities in the state on the basis of the recommendations made by the state finance commission.
4. Any other matter referred to it by the president in the interests of sound finance.

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: b)

• The National Human Rights Commission is a statutory (and not a Constitutional) body.
• A sitting judge of the Supreme Court or a sitting chief justice of a high court as the member can be appointed only after consultation with the Chief Justice of India.
• After their tenure, the chairman and members are not eligible for further employment under the Central or a state government.
• The president can remove the chairman or any member from the office under the following circumstances:

(a) If he is adjudged an insolvent; or

(b) If he engages, during his term of office, in any paid employment outside the duties of his office; or

(c) If he is unfit to continue in office by reason of infirmity of mind or body; or

(d) If he is of unsound mind and stand so declared by a competent court; or

(e) If he is convicted and sentenced to imprisonment for an offence.

• In addition to these, the president can also remove the chairman or any member on the ground of proved misbehaviour or incapacity.

Solution: a)

The first Law Commission was established during the British Raj era in 1834 by the Charter Act of 1833.

Solution: b)

• The National Green Tribunal has been established under the National Green Tribunal Act 2010for effective and expeditious disposal of cases relating to environmental protection, enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.
• The Tribunal’s dedicated jurisdiction in environmental matters shall provide speedy environmental justiceand help reduce the burden of litigation in the higher courts.
• The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same.
• The Central Pollution Control Board (CPCB), statutory organisation, was constituted under the Water (Prevention and Control of Pollution) Act, 1974.
• Further, CPCB was entrusted with the powers and functions under the Air (Prevention and Control of Pollution) Act, 1981.
• Functions of the CPCB, as spelt out in the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, (i) to promote cleanliness of streams and wells in different areas of the States by prevention, control and abatement of water pollution, and (ii) to improve the quality of air and to prevent, control or abate air pollution in the country.
• Hence, statement 1 is incorrect and statement 2 is correct.

Solution: d)

All the given statements are correct.