Flash-Cards-for-IAS-Prelims-2018-polity-Day-10
70 Days WAR Plan

Day#10 Static Flash Cards Polity & Governance [70 Days WAR Plan]

Inter-state river water dispute; Members of Lok Sabha from the Union Territories (UTs); 91st Amendment Act of 2003; Delimitation Commission; First reading of an ordinary bill; Sovereignty of Indian Parliament; Adjournment Motion; Taxes collected during the inter-state trade and commerce; Joint sitting of the two Houses of Parliament; Non-Constitutional Bodies in India; Subject of “urban local government”;
By IT's Core Team
April 01, 2019

 

 

 

At Union level, the subject of “urban local government” is dealt by which ministries?

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Answer:

At the Central level, the subject of ‘urban local government’ is dealt with by the following three ministries:

  • Ministry of Urban Development, created as a separate ministry in 1985
  • Ministry of Defence in the case of cantonment boards
  • Ministry of Home Affairs in the case of Union Territories

Enrich Your Learning:

Urban local government:

  • The system of urban government was constitutionalised through the 74th Constitutional Amendment Act of 1992.
  • It signifies the governance of an urban area by the people through their elected representatives.
  • The jurisdiction of an urban local government is limited to a specific urban area which is demarcated for this purpose by the state government.
  • There are eight types of urban local governments in India—municipal corporation, municipality, notified area committee, town area committee, cantonment board, township, port trust and special purpose agency.

 

 

 

Give names of some of the Non-Constitutional Bodies in India.

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Answer:

Non-Constitutional Bodies in India:

  • NITI Aayog
  • National Human Rights Commission
  • State Human Rights Commission
  • Central Information Commission
  • State Information Commission
  • Central Vigilance Commission
  • Central Bureau of Investigation
  • Lokpal and Lokayuktas

Enrich Your Learning:

Constitutional bodies in India

  • Election Commission – Article 324
  • Union Public Service Commission – Article-315 to 323.
  • State Public Service Commission – Article-315 to 323
  • Finance Commission – Article-280
  • National Commission for SCs – Article-338
  • National Commission for STs – Article-338 A
  • Special Officer for Linguistic Minorities – Article-350 B
  • Comptroller and Auditor General of India – Article-148
  • Attorney General of India – Article-76
  • Advocate General of the State – Article-165

 

 

 

Who can’t preside over a joint sitting of the two Houses of Parliament?

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Answer:

  • Chairman of Rajya Sabha can’t preside over a joint sitting of the two Houses of Parliament as the Chairman of Rajya Sabha is not a member of either House of the Parliament.
  • Generally, the Speaker of Lok Sabha presides over a joint sitting of the two Houses and the Deputy Speaker, in his absence.

Joint sitting of the two Houses of Parliament

  • Joint sitting is an extraordinary machinery provided by the Constitution to resolve a deadlock between the two Houses over the passage of a bill. But this mechanism is not provided in the state legislature.
  • A deadlock is deemed to have taken place under any one of the following three situations after a bill has been passed by one House and transmitted to the other House:
    • 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; or
    • 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.
  • In the above three situations, the president can summon both the Houses to meet in a joint sitting for the purpose of deliberating and voting on the bill.
  • It must be noted here that 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.
  • The Speaker of Lok Sabha presides over the joint sitting of both the Houses.
  • The Lok Sabha with greater number wins the battle in a joint sitting except when the combined strength of the ruling party in both the Houses is less than that of the opposition parties.
  • The Constitution does not provide for the mechanism of joint sitting of both the Houses to resolve the disagreement between the two Houses over a bill. On the other hand, there is a provision for joint sitting of the Lok Sabha and the Rajya Sabha to resolve a disagreement between the two over an ordinary bill.
  • The mechanism of joint sitting for resolving a deadlock applies to a bill whether originating in the Lok Sabha or the Rajya Sabha. If a joint sitting is not summoned by the president, the bill ends and becomes dead.

 

 

 

The net proceeds of the taxes collected under Article 269 are part of the Consolidated Fund of India. Right OR Wrong?

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Answer:

Right Statement:

  • The net proceeds of the taxes collected under Article 269 do not form a part of the Consolidated Fund of India.

Enrich your learning:

Taxes collected during the inter-state trade and commerce:

  • A tax imposed on the sale or purchase of goods declared by Parliament to be of special importance in inter-state trade and commerce is subject to the restrictions and conditions specified by the Parliament.
  • They are assigned to the concerned states in accordance with the principles laid down by the Parliament. These taxes are: (a) Taxes on the sale or purchase of goods (other than newspapers) in the course of inter-state trade or commerce. (b) Taxes on the consignment of goods in the course of inter-state trade or commerce.
  • Articles 301 to 307 in Part XIII of the Constitution deal with the trade, commerce and intercourse within the territory of India. Article 301 declares that trade, commerce and intercourse throughout the territory of India shall be free. The object of this provision is to break down the border barriers between the states and to create one unit with a view to encourage the free flow of trade, commerce and intercourse in the country.
  • The freedom under this provision is not confined to inter-state trade, commerce and intercourse but also extends to intra-state trade, commerce and intercourse. Thus, Article 301 will be violated whether restrictions are imposed at the frontier of any state or at any prior or subsequent stage.

 

 

Rajya Sabha cannot make use of Adjournment Motion. True or False?

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Answer:

  • As the Adjournment Motion interrupts the normal business of the House, it is regarded as an extraordinary device. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device.

Adjournment Motion:

  • It is introduced in the Parliament to draw attention of the House to a definite matter of urgent public importance and needs the support of 50 members to be admitted.
  • The discussion on an adjournment motion should last for not less than two hours and thirty minutes.
  • The right to move a motion for an adjournment of the business of the House is subject to the following restrictions:
    • It should raise a matter which is definite, factual, urgent and of public importance;
    • It should not cover more than one matter;
    • It should be restricted to a specific matter of recent occurrence and should not be framed in general terms;
    • It should not raise a question of privilege;
    • It should not revive discussion on a matter that has been discussed in the same session;
    • It should not deal with any matter that is under adjudication by court; and
    • It should not raise any question that can be raised on a distinct motion.

 

 

 

How is the sovereignty of Indian Parliament limited in context of the Federal System of Government?

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Answer:

Federal System of Government:

  • India has a federal system of government with a constitutional division of powers between the Union and the states.
  • Both have to operate within the spheres allotted to them.
  • Hence, the law-making authority of the Parliament gets confined to the subjects enumerated in the Union List and Concurrent List.

Enrich Your Learning:

Following are the other factors that limit the sovereignty of Indian Parliament are:

Written Nature of the Constitution:

  • The Constitution is the fundamental law of the land in our country. Parliament has to operate within the limits prescribed by the Constitution.

System of Judicial Review:

  • The adoption of an independent Judiciary with the power of judicial review also restricts the supremacy of our Parliament. Both the Supreme Court and High Courts can declare the laws enacted by the Parliament as void and ultra vires.

Fundamental Rights:

  • The authority of the Parliament is also restricted by the incorporation of a code of justiciable fundamental rights under Part III of the Constitution. Article 13 prohibits the State from making a law that either takes away totally or abrogates in part a fundamental right. Hence, a Parliamentary law that contravenes the fundamental rights shall be void.

 

 

 

Which of the following bodies is tasked with redrawing the boundaries of the various assemblies and Lok Sabha constituencies based on a recent census?

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Answer:

  • Delimitation Commission

About Delimitation Commission:

  • Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body.
  • The job of delimitation is assigned to a high-power body known as Delimitation Commission or a Boundary Commission.
  • Such Delimitation Commissions have been constituted 4 times – in 1952 under the Delimitation Commission Act, 1952, in 1963 under Delimitation Commission Act, 1962, in 1973 under Delimitation Act, 1972 and in 2002 under Delimitation Act, 2002.
  • The Delimitation Commission in India is a high-power body whose orders have the force of law and cannot be called in question before any court.
  • These orders come into force on a date to be specified by the President of India in this behalf.
  • The copies of its orders are laid before the House of the People and the State Legislative Assembly concerned, but no modifications are permissible therein by them.
  • The Constitution declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court.
  • Consequently, the orders issued by the Delimitation Commission become final and cannot be challenged in any court.

 

 

 

In case of use, distribution and control of waters of any inter-state river, who has authority to issue the final verdict upon that?

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Answer:

  • As per Article 262 the Constitution provides that:
    • Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
    • Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.

Enrich Your Learning:

  • The River Boards Act (1956) and the Inter-State Water Disputes Act (1956) are enacted under these provisions.
  • Such river boards are established by the Central government on the request of the state governments concerned.
  • The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley.
  • The decision of the tribunal would be final and binding on the parties to the dispute. Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act.

 

 

 

Which stage constitute the first reading of an ordinary bill?

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Answer & Enrich Your Learning:

  • An ordinary bill can be introduced in either House of Parliament, by a minister or by any other member.
  • The member who wants to introduce the bill has to ask for the leave of the House.
  • When the House grants leave to introduce the bill, the member that introduced the bill introduces it by reading its title and objectives.
  • No discussion on the bill takes place at this stage.
  • Later, the bill is published in the Gazette of India but if a bill is published in the Gazette before its introduction, leave of the House to introduce the bill is not necessary.
  • The introduction of the bill and its publication in the Gazette constitute the first reading of the bill.

 

 

 

As per 91st Amendment Act of 2003, the Council of Ministers shall not exceed how many percent of total number of members of the House of People?

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Answer:

  • As per 91st Amendment Act of 2003, the total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha.

Enrich Your Learning:

Strength of the Council of Ministers in Central and State Government:

  • The total number of ministers, including the chief minister, in the council of ministers in a state shall not exceed 15 per cent of the total strength of the legislative assembly of that state. But, the number of ministers, including the chief minister, in a state shall not be less than 12.
  • Both these provisions were added by the 91st Amendment Act of 2003.

 

 

How are the members of Lok Sabha from the Union Territories (UTs) chosen?

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Answer:

  • There are constitutional provisions for direct elections to the house. Accordingly, the Parliament has enacted the Union Territories (Direct Election to the House of the People) Act, 1965, by which the members of Lok Sabha from the union territories are also chosen by direct election.

Explanation:

Members of Lok Sabha from Union Territories:

  • The Constitution has empowered the Parliament to prescribe the manner of choosing the representatives of the union territories in the Lok Sabha.
  • Accordingly, the Parliament has enacted the Union Territories (Direct Election to the House of the People) Act, 1965, by which the members of Lok Sabha from the union territories are also chosen by direct election.
  • The representatives of each union territory in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.
  • This election is also held in accordance with the system of proportional representation by means of the single transferable vote.
  • Out of the seven union territories, only two (Delhi and Puducherry) have representation in Rajya Sabha. The populations of other five union territories are too small to have any representative in the Rajya Sabha.
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