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Question 1 of 5
1. Question
1 pointsConsider the following statements
1. Beginning of Parliamentary System in India can be traced back to Indian Council Act, 1861
2. Charter Act of 1833 recommended for the appointment of Macaulay Committee on Indian Civil Service.
3. Charter Act of 1833 deprived the governor of Bombay and Madras of their legislative powers and the
Governor General of India was given exclusive legislative powers for the entire British India.
Which of the above statements is/are correct?Correct
Only 3 is correct.
Beginning of Parliamentary System in India can be traced back to Charter Act of 1853.
• It separated, for the first time, the legislative and executive functions of the Governor General’s council.
• It provided for addition of six new members called legislative councillors to the council.
• Charter Act of 1853 recommended for the appointment of Macaulay Committee on Indian Civil Service.Incorrect
Only 3 is correct.
Beginning of Parliamentary System in India can be traced back to Charter Act of 1853.
• It separated, for the first time, the legislative and executive functions of the Governor General’s council.
• It provided for addition of six new members called legislative councillors to the council.
• Charter Act of 1853 recommended for the appointment of Macaulay Committee on Indian Civil Service. -
Question 2 of 5
2. Question
1 pointsThe Parliament under Article 368 can amend any part of the Constitution without affecting ‘basic structure’ of the Constitution, that includes:
1. Harmony and balance between Fundamental Rights and Directive Principles
2. Principle of equality
3. Free and fair elections
4. Independence of Judiciary
Select the correct answer codeCorrect
All 1, 2, 3 and 4 are correct.
Even though the basic structure doctrine was given by the SC, it is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution. It is not mentioned anywhere in the constitution, and our understanding of the basic structure comes from the various judgements of the court.
The following have emerged as ‘basic structure’ of the Constitution:
• Supremacy of the Constitution; Sovereign, democratic and republican nature of the Indian polity; Secular character of the Constitution
• Separation of powers between the legislature, the executive and the judiciary; Federal character of the Constitution; Unity and integrity of the nation; Welfare state (socio-economic justice)
• Judicial review; Freedom and dignity of the individual; Parliamentary system; Rule of law; Harmony and balance between Fundamental Rights and Directive Principles; Principle of equality
• Free and fair elections; Independence of Judiciary; Limited power of Parliament to amend the Constitution; Effective access to justice; Principle of reasonableness; Powers of the Supreme Court under Articles 32, 136, 141 and 142; Powers of the High Courts under Articles 226 and 227.Incorrect
All 1, 2, 3 and 4 are correct.
Even though the basic structure doctrine was given by the SC, it is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution. It is not mentioned anywhere in the constitution, and our understanding of the basic structure comes from the various judgements of the court.
The following have emerged as ‘basic structure’ of the Constitution:
• Supremacy of the Constitution; Sovereign, democratic and republican nature of the Indian polity; Secular character of the Constitution
• Separation of powers between the legislature, the executive and the judiciary; Federal character of the Constitution; Unity and integrity of the nation; Welfare state (socio-economic justice)
• Judicial review; Freedom and dignity of the individual; Parliamentary system; Rule of law; Harmony and balance between Fundamental Rights and Directive Principles; Principle of equality
• Free and fair elections; Independence of Judiciary; Limited power of Parliament to amend the Constitution; Effective access to justice; Principle of reasonableness; Powers of the Supreme Court under Articles 32, 136, 141 and 142; Powers of the High Courts under Articles 226 and 227. -
Question 3 of 5
3. Question
1 pointsA Partial Protection against Double Jeopardy is a
Correct
A partial protection against double jeopardy is a Fundamental Right guaranteed under Article 20 (2) of the Constitution of India, which states “No person shall be prosecuted and punished for the same offence more than once”.
Incorrect
A partial protection against double jeopardy is a Fundamental Right guaranteed under Article 20 (2) of the Constitution of India, which states “No person shall be prosecuted and punished for the same offence more than once”.
-
Question 4 of 5
4. Question
1 pointsApart from the Minerva Mills case, which of the following cases deal with the primacy of fundamental rights vis-à-vis directive principles or vice versa?
1. Champakam Dorairajan (1951)
2. Golak Nath case (1967)
3. Kesavananda Bharati Case (1973)
4. ADM Jabalpur case (1976)
Select the correct answer codeCorrect
1, 2 and 3 are correct.
In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail. It declared that the Directive Principles have to conform to and run as subsidiary to the Fundamental Rights.
The above situation underwent a major change in 1967 following the Supreme Court’s judgement in the Golaknath case (1967). In that case, the Supreme Court ruled that the Parliament cannot take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature. In other words, the Court held that the Fundamental Rights cannot be amended for the implementation of the Directive Principles.
In the Kesavananda Bharati case (1973), the Supreme Court declared a particular provision of Article 31C as unconstitutional and invalid on the ground that judicial review is a basic feature of the Constitution and hence, cannot be taken away.
(ADM Jabalpur v Shivakant Shukla Case) – 1976: In this landmark judgment, the Supreme Court declared that the rights of citizens to move the court for violation of Articles 14, 21 and 22 would remain suspended during emergencies.Incorrect
1, 2 and 3 are correct.
In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail. It declared that the Directive Principles have to conform to and run as subsidiary to the Fundamental Rights.
The above situation underwent a major change in 1967 following the Supreme Court’s judgement in the Golaknath case (1967). In that case, the Supreme Court ruled that the Parliament cannot take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature. In other words, the Court held that the Fundamental Rights cannot be amended for the implementation of the Directive Principles.
In the Kesavananda Bharati case (1973), the Supreme Court declared a particular provision of Article 31C as unconstitutional and invalid on the ground that judicial review is a basic feature of the Constitution and hence, cannot be taken away.
(ADM Jabalpur v Shivakant Shukla Case) – 1976: In this landmark judgment, the Supreme Court declared that the rights of citizens to move the court for violation of Articles 14, 21 and 22 would remain suspended during emergencies. -
Question 5 of 5
5. Question
1 pointsConsider the following statements regarding Select Committees.
1. Select Committees are formed for examining a particular Bill and its membership is limited to MPs from one House.
2. Select Committees of Lok Sabha are headed by the Speaker of Lok Sabha.
3. According to the Rules of Business of the houses of Parliament, Referring of Bills to parliamentary committees is mandatory.
Which of the above statements is/are incorrect?Correct
2 and 3 are incorrect.
What is a Select Committee?
This is formed for examining a particular Bill and its membership is limited to MPs from one House.
They are chaired by MPs from the ruling party.
Since Select Committees are constituted for a specific purpose, they are disbanded after their report. Referring of Bills to parliamentary committees is not mandatory.Incorrect
2 and 3 are incorrect.
What is a Select Committee?
This is formed for examining a particular Bill and its membership is limited to MPs from one House.
They are chaired by MPs from the ruling party.
Since Select Committees are constituted for a specific purpose, they are disbanded after their report. Referring of Bills to parliamentary committees is not mandatory.
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