UPSC 2014 Polity Questions with Answers

Explanation

Tenth Schedule added by 52nd Amendment Act deals with the provisions as to disqualification on grounds of defection. On the basis of a petition by any other member, a legislator may be removed from office on the grounds of defection by the Presiding officer of a legislature. The Chairman or Speaker of that House is tasked with making the final determination regarding disqualification due to defection.

Explanation

Article 51 is clear in dealing with the international peace and security and for achieving the same it directs the State to focus on:

Maintaining just and honourable relations with the nations. Foster respect for international law and treaty obligations. Encourage settlement of international disputes by arbitration.

Explanation

A constitutional government is one that operates within the framework of a Constitution. The principle of constitutionalism emphasizes limiting the power of the state to ensure it remains fair and accountable, preventing any form of autocratic rule.

Statement 1 is incorrect: Places effective restrictions on individual liberty in the interest of State Authority" is not characteristic of a Constitutional Government. One of the fundamental principles of a constitutional government is to protect individual rights and freedoms and not to restrict them unnecessarily in favor of state authority.

Statement 2 is correct: A constitutional government limits the authority of the state to prevent it from infringing on individual rights and freedoms. This is achieved through mechanisms such as constitutional checks and balances, the separation of powers, and the judicial review of government actions.

Explanation

The executive organ of government is responsible for implementing and enforcing laws and policies enacted by the legislature. It is typically headed by the President or Prime Minister and includes various government departments and agencies.

Statement 1 is correct: India follows a Parliamentary type of Government in which the President is the constitutional head of the state. He is the Executive head of India. Article 77(3) of the Indian Constitution says that the President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.

Statement 2 is incorrect: Article 77(1) of the Indian Constitution lays down all executive action of the Government of India shall be expressed to be taken in the name of the President.

Explanation

Statement 1 is correct: The Constitution of India does not explicitly mention the No-Confidence Motion. The Constitution provides the framework for parliamentary procedures but leaves the details of the procedures, including the No-Confidence Motion, to the Rules of Procedure of the Lok Sabha. The motion of No Confidence is a part of parliamentary practice that allows the Lok Sabha to hold the government accountable by voting whether or not they have confidence in the Council of Ministers headed by the Prime Minister.

Statement 2 is correct: A No-Confidence Motion can only be introduced in the Lok Sabha (the Lower House of Parliament). According to the Rules of Procedure of the Lok Sabha, the motion requires the support of at least 50 members to be introduced. The Rajya Sabha (the Upper House) does not have the provision to introduce a No-Confidence Motion against the government. A No-Confidence Motion is a tool used to test the majority support for the government.

Explanation

The Estimates Committee was set up in 1950, on the recommendation of John Mathai. It consists of 30 members, all from the Lok Sabha and it is the largest committee. These members are elected by the Lok Sabha every year from amongst its own members, according to the principles of proportional representation by means of a single transferable vote. The minister cannot be the members of the estimates committee. The chairman of the committee is appointed by the Speaker from amongst its members and he is invariably from the ruling party. Its function is to examine the budget and also suggest economies of public expenditure. It also suggests an alternative policy of bringing policy of economies.

Explanation

Statement 1 is correct: A cabinet secretary is appointed for a fixed period of time, usually two years. A Cabinet Secretary holds the responsibility of preparation of agenda for Cabinet Meetings.

Statement 2 is correct: The Prime Minister has direct control over the cabinet secretariat. The Cabinet Secretary is the administrative head of the secretariat. It also gives secretariat assistance to the Cabinet Committees.

Statement 3 is incorrect: The Cabinet Secretariat facilitates government decision-making by providing interministerial coordination. However, the Ministry of Finance is entrusted with the allocation of financial resources to the Ministries.

Explanation

Article 124(1) of the Indian Constitution mandates the establishment of the Supreme Court, consisting of the Chief Justice of India and such other judges as Parliament may prescribe from time to time.

Option (b) is correct: The power to increase the number of Supreme Court judges lies with Parliament. Under the Supreme Court (Number of Judges) Amendment Bill, 2019, the number of judges was increased by three, bringing the total number of judges, including the Chief Justice, to 34, up from 31.

Explanation

According to Article 131, the Supreme Court has original jurisdiction over disputes between two or more states. It also handles disputes between the Central Government and one or more states, or between different states and the Centre. The Supreme Court’s original jurisdiction is exclusive in such federal disputes, meaning only the Court can resolve these matters. This ensures that conflicts between the Government of India and states are directly addressed by the Supreme Court.

Explanation

Statement 1 is correct: Under Article 356, President’s Rule is imposed if the President, upon receipt of the report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution. This comes under the discretionary power of the Governor.

Statement 2 is incorrect: Article 164 (1) states that Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.

Statement 3 is correct: As per Article 200 the Governor of a state can use his legislative power to reserve the bill for the consideration of the President.

Statement 4 is incorrect: Making the rules to conduct the business of the State Government does not come under Governor’s discretionary power. In the Nabam Rebia judgement (2016), the Supreme Court held that the exercise of Governor’s discretion under Article 163 is limited and his choice of action should not be arbitrary or fanciful.