Q.31) Answer (d)
The President is elected by an Electoral College, which consists of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of all the States and also of NCT of Delhi and the Union Territory of Puducherry. [Article 54 of the Constitution of India]
Q.32) Answer (a)
Speaker of Lok Sabha is elected by members of Lok Sabha. Others are appointed by the President.
Q.33) Answer (c)
Article 72. Power of President to grant pardons, etc, and to suspend, remit or commute sentences in certain cases
(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence
(a) in all cases where the punishment or sentence is by a court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death
Q.34) Answer (a)
Q.35) Answer (c)
All bills passed by the parliament can become laws only after receiving the assent of the president per Article 111. After a bill is presented to him, the president shall declare either that he assents to the Bill, or that he withholds his assent from it.
When, after reconsideration, the bill is passed accordingly and presented to the president, with or without amendments, the president cannot withhold his assent from it.
Q.36) Answer (b)
Q.37) Answer (a)
Q.38) Answer (c)
Q.39) Answer (d)
Q.40) Answer (a)
Q.41) Q.76) Answer (b)
According to the Constitution it is the duty of the Union Government to ensure that governance of a State is carried on in accordance with the provisions of the Constitution. Under Article 356, the President may issue a proclamation to impose emergency in a state if he is satisfied on receipt of a report from the Governor of the concerned State, or otherwise, that a situation has arisen under which the administration of the State cannot be carried on according to the provisions of the constitution.
In such a situation, proclamation of emergency by the President is on account of the failure (or breakdown) of constitutional machinery. Thus, it is known as “President’s Rule” or “State Emergency” or “Constitutional Emergency”. Effects of Imposition of President’s Rule in a State.
The President can assume to himself all or any of the functions of the State Government or he may vest all or any of those functions with the Governor or any other executive authority.
The President may dissolve the State Legislative Assembly or put it under suspension. He may authorize the Parliament to make laws on behalf of the State Legislature.
The Parliament can delegate the power to make laws for the state to the President or any other body specified by him when the state legislature is suspended or dissolved.
Q.42) Answer (a)
Sarkaria Commission was set up in 1983 by the central government of India. The Sarkaria Commission’s charter was to examine the central-state relationship on various portfolios and suggest changes within the framework of Constitution of India.
Q.43) Answer (c)
Article 263 contemplates the establishment of an inter-state council to effort coordination between the states and between centre and states. Thus, the president can establish such a council if at any time it appears to him that the public interest would be served by its establishment. He can define the nature of duties to be performed by such a council and its organisation and procedure.
Q.44) Answer (b)
The Sarkaria Commission on Centre-State Relations (1983–87) made a strong case for the establishment of a permanent Inter-State Council under Article 263 of the Constitution. It recommended that in order to differentiate the Inter-State Council from other bodies established under the same Article 263, it must be called as the Inter-Governmental Council. The Commission recommended that the Council should be charged with the duties laid down in clauses (b) and (c) of Article 263.
In pursuance of the above recommendations of the Sarkaria Commission, the Janata Dal Government headed by V. P. Singh established the Inter-State Council in 1990.
But the main aim of setting up of inter-state council is to effect coordination between the states and between Centre and states. That is to strengthen the federal provisions of the Constitution.
Q.45) Answer (a)
The Second commission on Centre-State Relations was set-up by the Government of India in April 2007 under the Chairmanship of Madan Mohan Punchhi, former Chief Justice of India.
Q.46) Answer (d)
The executive branch includes presidents, prime ministers, Council of Ministers, Attorney General and the administrative machinery (civil servants). While the heads of government and their ministers are together known as the political executive, civil servants are called the permanent executive.
Members of Parliaments are part of legislative. Only those MPs, which are ministers form part of Executive.
Q.47) Answer (c)
When no party has a clear majority in the legislative assembly, then governor may exercise his personal discretion in the selection and appointment of CM. In such a situation the governor usually appoints, the leader of largest party or largest coalition party, as the CM and ask him to seek a vote of confidence in the house within a month.
The governor may exercise his individual judgment in the selection and appointment of CM when CM in the office dies suddenly and there is no obvious successor. However, on the death of a CM, the ruling party usually elects a new leader and governor appoints him/her as CM.
Q.48) Answer (d)
Inter-State councils consists of the following members:
– The PM as the Chairman.
– CMs of all the States.
– CMs of UTs having legislative assemblies.
– Administrators of UTs not having legislative assemblies.
– Six Central cabinet ministers,including the home minister,to be nominated by the prime minister.
Governors are not part of the council.
Q.49) Answer (c)
The election commission has the power of superintendence, direction and conduct of all elections to the Parliament, State Legislatures, Office of President and Office of Vice President. The Speaker is elected by the Lok Sabha from amongst its members.
Q.50) Answer (d)
The constitution does not require that a person must prove his majority in the legislative assembly before he is appointed as a Chief Minister. The governor may first appoint him as the CM and then ask him to prove his majority in the legislative assembly, within a reasonable period.
A person who is not a member of the state legislature can be appointed as a Chief Minister for 6 months, within which time he should be elected to the state legislature, failing which he ceases to be CM.
The term of the Chief Minister is not fixed and he holds the office during the pleasure of the governor.