UPSC Prelims Research: Indian Polity 2015

Q. The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to

(a) protect the interests of Scheduled Tribes

(b) determine the boundaries between States

(c) determine the powers, authority and responsibilities of Panchayats

(d) protect the interests of all the border States

Answer: (a) protect the interests of Scheduled Tribes

Notes:

• The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.
• The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram.
• It protects the interest of Schedule tribes.
  • It does not relate to the boundaries of states.
• It excludes the fifth and sixth schedule areas from the application of the Panchayati Raj system.
• This is to ensure that the local tribal practices, customs, religious laws, social and political institutions are not tampered with.
  • It does not protect the interests of the border States.
• Article 244 (1) applies the Fifth Schedule provisions to Scheduled Areas in states other than Assam, Meghalaya, Tripura, and Mizoram.
• Article 244 (2) applies the Sixth Schedule to the aforementioned states.

Q. The fundamental object of Panchayati Raj system is to ensure which among the following?

1. People’s participation in development
2. Political accountability
3. Democratic decentralisation
4. Financial mobilisation

Select the correct answer using the code given below:

(a) 1, 2 and 3 only
(b) 2 and 4 only
(c) 1 and 3 only
(d) 1, 2, 3 and 4

Answer: (c) 1 and 3 only

Notes:

• The Panchayati Raj institutions are meant to promote grass-root democracy and development.
• The most fundamental objective of the Panchayati Raj system is to ensure people’s participation in development and democratic decentralization.
  • Establishment of Panchayati Raj Institutions does not automatically lead to political accountability.
  • Financial mobilization is not the fundamental objective of Panchayati Raj, although it seeks to transfer finances and resources to the grass root government.
• The 73rd Constitutional Amendment Act, 1992, also known as the Panchayati Raj Act, is a landmark legislation in India that aims to provide a three-tier system of decentralized self-governance in rural areas.
  • The main provisions of the Act are outlined in Part IX of the Indian Constitution, which consists of Articles 243 to 243-O.
• Some major provisions of the 73rd Constitutional Amendment Act, 1992 are
  • Three-tier system: Establishing a three-tier system of panchayats (local self-governments) in rural areas, comprising the gram panchayat (village council), panchayat samiti (block council), and Zilla parishad (district council).
  • Population: Providing for the establishment of a panchayat at the village level for every village having a population of at least 500 persons.
  • Elections: Mandating regular elections to panchayats and the conduct of elections in accordance with the provisions of the Act and the rules made thereunder.
  • Reservation: Providing for the reservation of seats for scheduled castes, scheduled tribes, and women in panchayats at all levels, as well as reservation of office of the chairpersons of panchayats at the village and intermediate levels for Scheduled Castes, Scheduled Tribes, and women.
  • State Finance Commission: Providing for the constitution of finance commissions to review the financial position of panchayats and to make recommendations for the devolution of funds, grants-in-aid, and taxes to panchayats.
  • Power and Functions: Providing for the powers, authority, and responsibilities of panchayats, including the preparation of plans for economic development and social justice and the implementation of schemes for the development of agriculture, cottage and small-scale industries, education, health, and other sectors.
  • State Election Commission: Providing for establishing a State Election Commission to conduct elections to local governments at three tiers.
  • Dissolution: of panchayats and the filling of casual vacancies in panchayats.
  • Suspension or removal of the chairpersons or members of panchayats.

Q. The ideal of ‘Welfare State’ in the Indian Constitution is enshrined in its

(a) Preamble

(b) Directive Principles of State Policy

(c) Fundamental Rights

(d) Seventh Schedule

Answer: (b) Directive Principles of State Policy

Notes:

• A welfare state is the concept of state governance in which the state plays an important role in the economic and social progress of the citizens.
• The concept of a welfare state lies in the “Directive Principle of State Policy”.
• Articles 38 and 39 make the principle of distributive justice a reality.
  • Which directs the establishment of social, economic, and political justice.
• The Directive Principle of State Policy is described in Articles No. 36 to 51 in Part IV of the Constitution.
• It cannot be enforced by the court.
• The Directive Principle of State Policy is derived from the Constitution of Ireland.

Q. Consider the following statements regarding the Directive Principles of State Policy:

1. The Principles spell out the socio-economic democracy in the country
2. The provisions contained in these Principles are not enforceable by any court.

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

Answer: (c) Both 1 and 2

Salient features of the Directive Principles of State Policy (DPSP):

• Constitutional Instructions: They denote the constitutional instructions to the State in dealing with legislative, executive, and administrative matters. Thus, they serve as ideals to be kept in mind by the state while formulating policies and enacting laws.
• Non-Justiciable: Unlike the Fundamental Rights, which are legally enforceable, the DPSPs are non-justiciable. Thus, they are not legally enforceable by the courts for their violation and the governments cannot be compelled to implement them.
• Aimed at Welfare State: They aim at realizing the ideals of Justice, Liberty, Equality, and Fraternity as envisaged in the Preamble to the Indian Constitution. Thus, they embody the concept of a ‘Welfare State’.
• Aimed at Socio-Economic Democracy: They constitute very comprehensive economic, social, and political programs that seek to establish socio-economic democracy in the country. Thus, they aim to establish a modern democratic state.
• Promote Good Governance: They allow for adaptation and innovation in governance to meet the objectives of socio-economic development. Thus, they promote good governance practices.
• Resemblance to ‘Instrument of Instructions’: As noted by Dr. Ambedkar, they resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.
• Aids Judiciary: Though non-justiciable, they help the courts in examining and determining the constitutional validity of a law.
  • As ruled by the Supreme Court, in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be ‘reasonable’ in relation to Article 14 (Equality before Law and Equal Protection of Laws) or Article 19 (Protection of Six Freedoms).

Q. Consider the following statements:

1. The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.
2. The Governor of a State nominates the Chairman of Legislative Council of that particular State.

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

Answer: (d) Neither 1 nor 2

Notes:

• The State Legislative Council, or Vidhan Parishad, is the upper house in those states of India that have a bicameral state legislature; the lower house being the State Legislative Assembly.
  • Its establishment is defined in Article 169 of the Constitution of India.
  • Only 6 out of 28 states have a Legislative Council. These are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh.
    • No union territory has a legislative council.
• Under Article 171 of the Constitution, the size of the State Legislative Council cannot be more than one-third of the membership of the State Legislative Assembly.
• However, the size of the legislative council cannot be less than 40 members.
• Members of a State Legislative Council (MLC) must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be an enrolled voter of the state.
• The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
• It is a permanent body and is not subject to dissolution. 
• The Chairman of the Legislative Council is elected by the members from amongst itself.

Q. There is a Parliamentary System of Government in India because the

(a) Lok Sabha is elected directly by the people

(b) Parliament can amend the Constitution

(c) Rajya Sabha cannot be dissolved

(d) Council of Ministers is responsible to the Lok Sabha

Answer: (d) Council of Ministers is responsible to the Lok Sabha

Notes:

• A parliamentary system is a type of government in which the executive holds power with the support of the legislature. India is governed by a parliamentary system modeled after the British Westminster system.
• The term “Parliamentary government” refers to the Parliament’s total authority. The Parliamentary system is also referred to as the cabinet system, responsible government, or the Prime Minister Model. 

Features of the Indian Parliamentary System  

• Nominal And Real Executives  
  • The nominal executive officer is the president, while the actual executive officer is the prime minister (de facto executive officer).  
  • As a result, the president serves as the head of state, while the prime minister serves as the head of government.  
  • Article 74 establishes a Council of Ministers led by the Prime Minister to assist and advise the President in carrying out his duties. The President is bound by the proposal made in this manner.  
• The close connection between legislative and executive power  
  • The prime minister and the Council of Ministers serve as the executive body, while the parliament serves as the legislative body.  
  • The prime minister and ministers are elected from among members of parliament, implying that the legislature wields executive power.  
• Collective Responsibility  
  • This is the fundamental tenet of parliamentary government.  
  • Ministers are collectively accountable to the entire parliament, particularly the People’s Chamber (Article 75). They sink and swim together as a group.  
• Political Homogeneity  
  • Members of the Council of Ministers generally belong to the same political party and thus share the same political ideology.  
  • The ministers in a coalition government are bound by consensus.  
• Dual Membership  
  • Ministers are members of both the legislative and executive branches of government.  
  • This means that if a person is not a member of Parliament, he cannot be a minister.  
  • The constitution states that ministers will lose their positions if they do not serve as members of Parliament for six months in a row. 
• The Prime Minister’s Leadership  
  • The Prime Minister is the most powerful person in this government system. He is the leader of the Council of Ministers, the parliament, and the ruling party.  
  • Among these capabilities, it plays a critical role in the government’s operation.  
• Dissolution Of The Lok Sabha  
  • On the Prime Minister’s recommendation, the President may dissolve the House of Commons (Lok Sabha).  
  • In other words, the Prime Minister can recommend to the President that the People’s Chamber be dissolved and a new election be held before the end of his term.  
  • This means that the executive branch has the authority to dissolve the legislature and convert the country to a parliamentary system.  
• Secrecy  
  • Ministers are bound by the principle of procedure confidentiality and are not permitted to reveal information about their procedures, policies, or decisions.  
  • Before entering your office, they swore an oath of secrecy. The president administers the ministers’ oath of secrecy.    

Q. Consider the following statements:

1. The Rajya Sabha has no power either to reject or to amend a Money Bill.
2. The Rajya Sabha cannot vote on the Demands for Grants.
3. The Rajya Sabha cannot discuss the Annual Financial Statement.

Which of the statements given above is/are correct?

(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3

Answer: (b) 1 and 2 only

The Constitutional Position of the Rajya Sabha as compared with the Lok Sabha can be studied from three angles:

• Equal Status with Lok Sabha 
  • Introduction and passage of ordinary bills, Constitutional Amendment bills, and financial bills involving expenditure from the Consolidated Fund of India.
  • Election and impeachment of the President. Election and removal of the Vice-President.
  • Making recommendations to the President for the removal of Chief Justice and judges of Supreme Court and high courts, chief election commissioner and comptroller and auditor general. 
  • Approval of ordinances issued by the President and proclamation of all three types of emergencies by the President.  
  • Selection of ministers and consideration of the reports of the constitutional bodies like Finance Commission, Union Public Service Commission, comptroller and auditor general, etc. 
  • Enlargement of the jurisdiction of the Supreme Court and the Union Public Service Commission. 
• Unequal Status with Lok Sabha
  • A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha. Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14 days, either with recommendations or without recommendations. 
    • The Lok Sabha can either accept or reject all or any of the recommendations of the Rajya Sabha.
    • In both cases, the money bill is deemed to have been passed by the two Houses. 
  • A financial bill, not containing solely the matters of Article 110, also can be introduced only in the Lok Sabha and not in the Rajya Sabha. But, concerning its passage, both the Houses have equal powers.
  • The final power to decide whether a particular bill is a Money Bill is vested in the Speaker of the Lok Sabha.
  • The Speaker of Lok Sabha presides over the joint sitting of both the Houses. The Lok Sabha with greater numbers wins the battle in a joint sitting.
  • A resolution for the discontinuance of the national emergency can be passed only by the Lok Sabha and not by the Rajya Sabha.
  • The Rajya Sabha cannot remove the council of ministers by passing a no-confidence motion. 
• Special Powers of Rajya Sabha 
  • It can authorize the Parliament to make a law on a subject enumerated in the State List (Article 249). 
  • It can authorize the Parliament to create new All-India Services common to both the Centre and states (Article 312). 
  • It alone can initiate a move for the removal of the vice-president. (Article 67). 
  • If a proclamation is issued by the President for imposing a national emergency or president’s rule or financial emergency at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place within the period allowed for its approval, then the proclamation can remain effective even if it is approved by the Rajya Sabha alone (Articles 352, 356 and 360). 

Q. When a bill is referred to a joint sitting of both the Houses of the Parliament, it has to be passed by

(a) a simple majority of members present and voting

(b) three-fourths majority of members present and voting

(c) two-thirds majority of the Houses

(d) absolute majority of the Houses

Answer: (a) a simple majority of members present and voting

Joint Sitting Of Two Houses:

• Joint sitting is extraordinary machinery provided by the Constitution to resolve a deadlock between the two Houses over the passage of a bill.
• Article 108 of the Indian Constitution of India provides for Joint sitting of both the Houses. The joint sitting of the Parliament is called by the President and is presided over by the Speaker or, in his absence, by the Deputy Speaker of the Lok Sabha or in his absence, the Deputy-Chairman of the Rajya Sabha.
  • The Chairman doesn’t preside over the joint session at any means/cost.
• Conditions of Deadlock: A deadlock is deemed to have taken place under any one of the following three situations:
  • If the bill is rejected by the other House.
  • If the Houses have finally disagreed as to the amendments to be made in the bill.
  • If more than six months have elapsed from the date of the receipt of the bill by the other House without the bill being passed by it.
• Applicability: The provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or Constitutional amendment bills.
  • In the case of a money bill, the Lok Sabha has overriding powers, while a Constitutional amendment bill must be passed by each House separately.
• Summons to members: The Secretary-General shall issue summons to each member specifying the time and place for a joint sitting.
• Time of sitting: The duration and adjournment of the joint sitting shall be determined by the Speaker.
• Quorum: The quorum to constitute a joint sitting is one-tenth of the total number of members of the two Houses.
• Procedure: The procedures of joint sessions are subject to modifications and variations as the Speaker may consider necessary or appropriate.
• Majority: At the joint sitting of parliament, a bill has to be passed by the simple majority of the total number of members of both Houses present and voting.
• Instances of Joint Sittings: Since 1950, the provision regarding the joint sitting of the two Houses has been invoked only thrice. The bills that have been passed at joint sittings are:
  • Dowry Prohibition Bill, 1960.
  • Banking Service Commission (Repeal) Bill, 1977.
  • Prevention of Terrorism Bill, 2002.

Q. Consider the following statements:

1. The Executive Power of the Union of India is vested in the Prime Minister.
2. The Prime Minister is the ex-officio Chairman of the Civil Services Board.

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

Answer: (d) Neither 1 nor 2

Notes:

• The executive power of the Union is vested in the President, and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution.
  • Supreme command of defence forces of the Union also vests in him.
  • Article 53(1) of the constitution vests the executive power of the union in the President.
• For this purpose, ministers are deemed to be officers subordinate to him.
• The Council of Ministers exercises the real executive power in the name of the President.
• All executive decisions are taken in the name of the President (Article 77).
• The Cabinet Secretary is the ex-officio chairman of the Civil Services Board, the Cabinet Secretariat, the Indian Administrative Service (IAS), and the head of all civil services under the rules of business of the Government of India.

Prime Minister

• A Prime Minister is the head of government in India’s political setup. He is the de facto head of state.
• The Prime Minister is appointed by the President of India and is the leader of the party or coalition that holds the majority of seats in the Lok Sabha, the lower house of India’s parliament.
• The Prime Minister is responsible for the administration of the government and serves as the chief spokesperson for the government’s policies.
• Under Article 75, the Council of Ministers shall be appointed by the President on the advice of the Prime Minister.
• Also, Article 74(1) states that there shall be a Council of Ministers with a Prime Minister at the head to aid and advise the President. Thus, other ministers work under the direction of the Prime Minister.
• The powers of the Prime Minister of India can be broadly categorized into the following:
  • Executive powers: The Prime Minister is the head of the Union Council of Ministers and is responsible for the administration of the government. He presides over cabinet meetings and coordinates the activities of the various ministries and departments.
  • Legislative powers: The Prime Minister is a member of the Lok Sabha or the Rajya Sabha and can participate in the proceedings of either house. He advises the President on the summoning and prorogation of the parliament sessions and dissolution of Lok Sabha.
  • Diplomatic powers: The Prime Minister represents India in the international arena and conducts negotiations with foreign countries. He also receives foreign diplomats and dignitaries on behalf of the President.
  • Emergency powers: In times of national emergency, the Prime Minister advises the President on the measures to be taken to protect the security of India.
  • Appointment powers: The Prime Minister (and the Council of Ministers) advises the President with respect to the appointments to the higher judiciary and key administrative posts such as the Governors, the Chief Election Commissioner, the Comptroller and Auditor General of India, and the Attorney General of India.
  • Financial powers: The Prime Minister is responsible for the overall economic and financial management of the country. His/her government presents the annual budget to the parliament and ensures it is passed.

Q. With reference to the Union Government, consider the following statements:

1. The Department of Revenue is responsible for the preparation of Union Budget that is presented to the Parliament.
2. No amount can be withdrawn from the Consolidated Fund of India without the authorization from the Parliament of India.
3. All the disbursements made from Public Account also need the authorization from the Parliament of India.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 2 only
(d) 1, 2 and 3

Answer: (c) 2 only

Notes:

• Union Budget:
  • Article 112 to the Indian Constitution defines the term ‘Financial Statement‘ also referred to as the Union Budget.
  • It is the statement of the estimated receipts and expenditure of the government for that particular year.
  • It is now presented on the 1st of February instead of the last day of February so that sufficient time is there for the budget provisions to get materialized.
    • 2017 onwards, the Railway Budget got merged with the Union Budget.
  • The responsibility of the budget is given to the Budget Division of the Department of Economic Affairs in the Finance Ministry.
• Department of Economic Affairs:
  • This is the nodal agency for formulating the economic policies and programs of the Union Government that influence the domestic and international aspects of economic management.
  • The most significant role of the department is the preparation of the Union Budget.
• Department of Revenue:
  • This department looks into the matters relating to the Direct and Indirect Union Taxes.
  • The Central Board of Direct Taxes (CBDT) and the Central Board of Indirect Taxes and Customs (CBIC) works under the supervision of the Department of Revenue.
• Department of Financial Services:
  • The financial services provided by the institutions like banks, insurance companies, etc. come under the Department of Financial Services.
  • The Pension Fund Regulatory and Development Authority (PFRDA) works under the supervision of the Department of Financial Services.
• Department of Expenditure:
  • It is the nodal agency for supervising the Public Financial Management System (PFMS) and matters connected with the finances.
  • The National Institute of Financial Management (NIFM), Faridabad is under the administrative control of the Department of Expenditure.

Public Account of India

• Public Account of India is a constitutionally created fund, under Article 266(2) to park certain specially mobilised financial resources of the central government.
• All other public money (other than those which are credited to the Consolidated Fund of India) received by or on behalf of the Government of India shall be credited to the Public Account of India.
• The Public Account is where funds held in trust by the government are stored, such as Provident Funds, Small Savings collections, and revenue put aside for spending on specific projects.
• Public Accounts includes provident fund deposits, judicial deposits, savings bank deposits, departmental deposits, remittances and so on.
• This account is operated by executive action, that is, the payments from this account can by made without parliamentary appropriation. Such payments are mostly in the nature of banking transactions.
• The Comptroller and Auditor General is in charge of auditing all expenditures from the Public Account of India.

Q. Who/Which of the following is the custodian of the Constitution of India?

(a) The President of India

(b) The Prime Minister of India

(c) The Lok Sabha Secretariat

(d) The Supreme Court of India

Answer: (d) The Supreme Court of India

Notes:

• The Supreme Court of India is called the custodian of the Constitution in India.
• The highest court in India, the Supreme Court is considered as the guardian of the Constitution.
• The conflicts or quarrels of jurisdiction between the central government and the state governments or between the legislature and the executive are decided by the court.
• It upholds and uplifts the rule of law and also ensures and protects citizens’ rights and liberties as given in the Constitution.
• Therefore, the Supreme Court is also known as the Guardian of the Constitution.​

Q. “To uphold and protect the Sovereignty, Unity and Integrity of India” is a provision made in the

(a) Preamble of the Constitution

(b) Directive Principles of State Policy

(c) Fundamental Rights

(d) Fundamental Duties

Answer: (d) Fundamental Duties

Fundamental Duties:

• The idea of Fundamental Duties is inspired from the Constitution of Russia.
• The Indian Constitution includes a single Article, Article 51A, in Part IV-A, which deals with Fundamental Duties. These duties were added through the 42nd Amendment Act in 1976, outlining 11 Fundamental Duties for citizens.
• Originally 10 in number, one more duty was added through the 86^th Constitutional Amendment Act, 2002. All the eleven duties are listed in Article 51-A of the Constitution (the sole Article in Part-IV-A).
• The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have also to be quite conscious of duties they owe to their country, their society and to their fellow-citizens.
• However, like the Directive Principles, the duties are also non-justiciable in nature.
• These fundamental duties are mentioned below:
  1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem,
  2. To cherish and follow the noble ideals that inspired the national struggle for freedom,
  3. To uphold and protect the sovereignty, unity, and integrity of India,
  4. To defend the country and render national service when called upon to do so,
  5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities and to renounce practices derogatory to the dignity of women,
  6. To value and preserve the rich heritage of the country’s composite culture,
  7. To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures,
  8. To develop a scientific temper, humanism, and the spirit of inquiry and reform,
  9. To safeguard public property and to abjure violence,
  10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement, and
  11. To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act of 2002).