Q.16) Answer (c)
The Council of Ministers shall be collectively responsible to the parliament; the Prime minister shall communicate to the president about the proposals for legislation but the union. If a President were to dismiss the Council of Ministers on his or her own initiative, it might trigger a constitutional crisis. Thus, in practice, the Council of Ministers cannot be dismissed as long as it commands the support of a majority in the Lok Sabha.
Q.17) Answer (a)
Clause (3) of Article 77 “Conduct of Business of the Government of India” of the Constitution of India lays down as follows: “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.
The Constitution of India mentions that, “All executive action of the Government of India shall be expressed to be taken in the name of the President.” Therefore, only option (a) is correct.
Q.18) Answer (d)
The Executive powers of the Union of India is vested in the President. The Cabinet Secretary (and not the Prime Minister) is the ex-officio head of the Civil Services Board.
Q.19) Answer (b)
When the vacancy is going to be caused by the expiration of the term of the sitting President, an election to fill the vacancy must be held before the expiration of the term. In case of any delay in conducting the election of new President by any reason, the outgoing President continues to hold office (beyond his term of five years) until his successor assumes charge.
This is provided by the Constitution in order to prevent an ‘interregnum’. In this situation, the Vice-President does not get the opportunity to act as President or to discharge the functions of the President.
When a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise, the Vice-President acts as the President until a new President is elected.
Q.20) Answer (a)
The Prime Minister is the leader of the Lower House. In this capacity, he enjoys the following powers:
- He advises the President with regard to summoning and proroguing of the sessions of the Parliament.
- He can recommend dissolution of the Lok Sabha to President at any time.
- He announces government policies on the floor of the House.
Q.21) Answer (c)
The value of votes cast by elected members of the state legislative assemblies and both houses of parliament are determined by the provisions of article 55(2) of the Constitution of India.
The value of the vote of each MLA of each state is different. It is determined by the average constituency size and 1971 census.
The value of an MLA of Uttar Pradesh is highest i.e.208. The value of the vote of each MP of Lok Sabha and Rajya Sabha is equal i.e.708. The total value of current strength of Lok Sabha MPs is 384,444 and Rajya Sabha’s (233) total value is 164,964.
Q.22) Answer (d)
All the statements are correct [F] and [C]
Article 123 of the constitution empowers the President to promulgate ordinances during the recess of parliament. These ordinances have the same force and effect as an act of parliament but are in nature of temporary laws.
President can promulgate an ordinance only when both the houses of parliament are not in session or when either of the two houses of parliament are not in session. An ordinance can also be issued when only one house is in this session because a law can be passed by both the houses and not by one house alone.
Every ordinance issued by the president during the recess of parliament must be laid before both the houses of parliament when it reassembles. If the ordinance is approved by both the houses, it becomes an act. If parliament takes no action at all, the ordinance ceases to operate on the expiry of 6 weeks from the reassembly of the parliament. If the houses of parliament are summoned to reassemble on different dates, the period of 6 weeks is calculated from the later of those dates. This means that the maximum life of an ordinance can be 6 months and 6 weeks, in case of non-approved by the parliament (6 months being the maximum gap between the two sessions of the parliament).
Q.23) Answer (b)
Statement 1 and 2 are incorrect [C]
Cabinet committees are extra-constitutional in emergence. In other words, they are not mentioned in the constitution. However, the Rules of Business provide for their establishment.
They are of two types, standing committees are of a permanent nature while the ad-hoc are of temporary nature. The ad hoc committee is constituted from time to time to delete special problems. They are disbanded after their task is completed.
They are an organisational device to reduce the enormous workload of the cabinet. They also facilitate in depth examination of policy issues and effective co-ordination. They are based on the principles of division of labour and effective delegation.
Q.24) Answer (c)
Statement 1 is correct.
Statement 2 is correct. The Constitution has not prescribed any time limit within which the President has to take decision with regard to a bill reserved by the governor for his consideration. He can permanently pocket it. This question checks your question reading ability because it has lot of confusing words.
Q.25) Answer (a)
Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.
Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment
Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.
Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.
All of these are concepts… Do repeated revision…
Q.26) Answer (b)
The state executive consists of the governor, the chief minister, the council of ministers and the advocate general of the state. Thus, there is no office of vice-governor (in the state) like that of Vice-President at the Centre.
Q.27) Answer (c)
Chief Minister advises the governor with regard to the appointment of important officials like advocate general, chairman and members of the state public service commission, state election commissioner, and so on.
Q.28) Answer (b)
Parliament has prescribed a number of additional disqualifications in the Representation of People Act (1951).
On the question whether a member has become subject to any of the above disqualifications, the governor’s decision is final. However, he should obtain the opinion of the Election Commission and act accordingly.
Q.29) Answer (c)
The Constitution of India makes special provisions for the administration of the tribal dominated areas in four states viz. Assam, Meghalaya, Tripura and Mizoram. As per article 244 and 6th Schedule, these areas are called “Tribal Areas“, which are technically different from the Scheduled Areas under fifth schedule.
Q.30) Answer (a)
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