Questions from Crash Course

1. Which of the following statements is/are correct?

1. The President of India is empowered to direct that an act of parliament does not apply to fifth schedule areas.
2. 2.Governor of Assam can direct that an act of parliament does not apply to a tribal area under sixth schedule.

Which of the above statements is/are incorrect?

A. 1 only

B. 2 only

C. Both 1 and 2 

D. Neither 1 nor 2

2. Which of the following statements is incorrect?

A. The President can modify  the constitutional distribution of revenues between the centre and the states during a National Emergency.

B. The time period for approval of proclamation of National Emergency was increased to two months by the 42nd Constitutional Amendment Act of 1976.

C. Fundamental rights under Article 19 can only be suspended in case of National emergency declared on grounds of war or external aggression.

D. In case of a State emergency, Legislative assembly can only be dissolved after parliament has approved the presidential proclamation.

3. A resolution that authorizes Parliament to enact laws on a subject on the State List may be passed by the Rajya Sabha. Consider the following statements regarding this : 

1. An absolute majority is required to approve such a resolution.
2. Until the State demands its withdrawal, the resolution is in effect indefinitely.

Which of the aforementioned statements is true?

A. 1 only

B. 2 only 

C. Both 1 and 2 

D. Neither 1 nor 2

4. Which of the following statements is incorrect?

1. A person elected to both houses of parliament , who does not intimate his preference of seat, is allocated his/her Rajya Sabha seat.
2. If a sitting member of a house is elected to the other house, his/her seat in first house becomes vacant.
3. If a person is elected to both seats in a house, he should exercise his option for one, otherwise he will be allocated seat with his / her domicile.
4. If an MLA becomes an MP, his seat in legislature becomes vacant if he does not decide which seat he prefers.

A. Only 1 statement is incorrect

B. Only 2 statements are incorrect

C. Only 3 statements are incorrect

D. All statements are incorrect

UPSC Previous Year Question 2019

5. Consider the following statements:

• The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
• The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

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

Answers with Explanations

1. Which of the following statements is/are correct?

1. The President of India is empowered to direct that an act of parliament does not apply to fifth schedule areas.
2. 2.Governor of Assam can direct that an act of parliament does not apply to a tribal area under sixth schedule.

Which of the above statements is/are incorrect?

A. 1 only

B. 2 only

C. Both 1 and 2 

D. Neither 1 nor 2

Answer: A

Explanation

Exceptions to the territorial application of laws of Parliament

• The President can make regulations for the peace, progress and good government of the four Union Territories having the same effect as law of Parliament-
• Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. 
• He/she may also repeal or amend any act of Parliament in relation to these union territories. 
• The governor is empowered to direct that an act of Parliament does not apply to a scheduled area in the state or apply with specified modifications and exceptions. 
• The Governor of Assam may likewise direct that an act of Parliament does not apply to a tribal area (autonomous district) in the state or apply with specified modifications and exceptions. The President enjoys the same power with respect to tribal areas (autonomous districts) in Meghalaya, Tripura and Mizoram.

2. Which of the following statements is incorrect?

A. The President can modify  the constitutional distribution of revenues between the centre and the states during a National Emergency.

B. The time period for approval of proclamation of National Emergency was increased to two months by the 42nd Constitutional Amendment Act of 1976.

C. Fundamental rights under Article 19 can only be suspended in case of National emergency declared on grounds of war or external aggression.

D. In case of a State emergency, Legislative assembly can only be dissolved after parliament has approved the presidential proclamation.

Answer: B

Explanation

Impact of emergencies in Financial Relations: 

National Emergency:

• The President can modify the constitutional distribution of revenues between the Centre and the states. 
• Such modification continues till the end of the financial year in which the emergency ceases to operate. 

Financial Emergency:

Centre can give directions to the states: 

• to observe the specified canons of financial propriety;
• to reduce the salaries and allowances of all class of persons serving in the state;
• to reserve all money bills and other financial bills for the consideration of the President. 

Parliamentary Approval and Duration:

• The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue. 
• Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act of 1978. 
• However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it. 

Impact on Fundamental Rights- Article 358

• When a proclamation of national emergency is made, the six Fundamental Rights under Article 19 are automatically suspended. No separate order for their suspension is required. 
• The state can make any law or can take any executive action abridging or taking away the six Fundamental Rights guaranteed by Article 19. 
• Any such law or executive action cannot be challenged on the ground that they are inconsistent with the six Fundamental Rights guaranteed by Article 19.  When the National Emergency ceases to operate, Article 19 automatically revives.
• Any law made during Emergency, to the extent of inconsistency with Article 19, ceases to have effect. However, no remedy lies for anything done during the Emergency 

The 44th Amendment Act of 1978 restricted the scope of Article 358 in two ways:

• 1. Firstly, the six Fundamental Rights under Article 19 can be suspended only when the National Emergency is declared on the ground of war or external aggression and not on the ground of armed rebellion. 
• 2. Secondly, only those laws which are related with the Emergency are protected from being challenged and not other laws. Also, the executive action taken only under such a law is protected. 
• A nine-judge Constitution Bench of the court in the Bommai case, laid down certain propositions for President’s rule:
• Firstly, Governor’s recommendation should be based on “objective material” and not on a political whim or fancy. 
• The presidential proclamation imposing President’s Rule is subject to judicial review. Burden lies on the Centre to prove that relevant material exist to justify the imposition of the President’s Rule. 
• The court cannot go into the correctness of the material or its adequacy but it can see whether it is relevant to the action. 
• If the court holds the presidential proclamation to be unconstitutional and invalid, it has power to restore the dismissed state government and revive the state legislative assembly if it was suspended or dissolved. 
• The state legislative assembly should be dissolved only after the Parliament has approved the presidential proclamation. Until such approval is given, the president can only suspend the assembly. In case the Parliament fails to approve the proclamation, the assembly would get reactivated. 

The power under Article 356 is an exceptional power to be used sparingly for specific occasions.

3. A resolution that authorizes Parliament to enact laws on a subject on the State List may be passed by the Rajya Sabha. Consider the following statements regarding this : 

1. An absolute majority is required to approve such a resolution.
2. Until the State demands its withdrawal, the resolution is in effect indefinitely.

Which of the aforementioned statements is true?

A. 1 only

B. 2 only 

C. Both 1 and 2 

D. Neither 1 nor 2

Answer: D

Explanation

• The Rajya Sabha has the authority to declare that it is in the public interest for the Parliament to pass legislation on a State List item if it deems that to be required.
• Two-thirds of the members present and voting must back such a resolution (a case of special majority). 
• Resolution remains in force for one year at a time.
• When six months have passed since the resolution’s expiration date, the laws are no longer in force.
• The ability of a state legislature to enact laws on the same subject is not limited by this clause. 
• But, if there is a conflict between a parliamentary law and a state law, the former is to take precedence.

4. Which of the following statements is incorrect?

1. A person elected to both houses of parliament , who does not intimate his preference of seat, is allocated his/her Rajya Sabha seat.
2. If a sitting member of a house is elected to the other house, his/her seat in first house becomes vacant.
3. If a person is elected to both seats in a house, he should exercise his option for one, otherwise he will be allocated seat with his / her domicile.
4. If an MLA becomes an MP, his seat in legislature becomes vacant if he does not decide which seat he prefers.

A. Only 1 statement is incorrect

B. Only 2 statements are incorrect

C. Only 3 statements are incorrect

D. All statements are incorrect

Answer : B

Explanation

Vacancy of Seats: 

Double Membership: A person cannot be a member of both Houses of Parliament at the same time. Thus RPA 1951 requires: 

• If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve. In default of such intimation, his seat in the Rajya Sabha becomes vacant.
• If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.
• If a person is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant.
• If an MLA becomes MP, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days. 

Disqualification: If a member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his seat becomes vacant. 

Resignation: A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha, as the case may be. 

Absence: A House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty days without its permission. In computing the period of sixty days, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days. 

Other cases: A member has to vacate his seat in the Parliament: (a) if his election is declared void by the court; (b) if he is expelled by the House; (c) if he is elected to the office of President or Vice-President; and (d) if he is appointed to the office of governor of a state. 

UPSC Previous Year Question 2019

5. Consider the following statements:

• The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
• The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

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: B

Explanation

Statement 1 is INCORRECT

• 39TH constitutional amendment Act 1975 placed the election of the office of President, Vice President , Prime Minister and the Speaker of the Lok Sabha  beyond the judicial review.
• Instead, a body constituted by the parliament would be vested with the power to resolve such election disputes.

Statement 2 is CORRECT.

• The 99th Constitutional Amendment Act 2014 amended Article 124 of the Constitution to change the collegium system of appointments and provide for a National Judicial Appointments Commission.
• NJAC would have been responsible for the recruitment, appointment and transfer of Judges of Higher Judiciary
• Constitution (99th Amendment) Act, introduced three key Articles- 124 A, B, and C and amended clause 2 of Article 124.
  • Article 124A created the National Judicial Appointments Commission (NJAC), a constitutional body to replace the collegium system
  • Article 124B vested in this NJAC the power to make appointments to both the Supreme Court and the various high courts
  • Article 124C accorded express authority to Parliament to make laws regulating the the NJAC’s functioning.
• The NJAC was to be composed of:
  • The Chief Justice of India as the ex officio Chairperson
  • Two senior-most Supreme Court Judges as ex officio members
  • The Union Minister of Law and Justice as ex officio member
  • Two eminent persons from civil society (to be nominated by a committee consisting of the Chief Justice of India, Prime Minster of India and the Leader of Opposition in the Lok Sabha; one of the eminent persons to be nominated from SC/ST/OBC/minorities or women)

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