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70 Days WAR Plan

Day#8 Static Flash Cards Polity & Governance [70 Days WAR Plan]

Voting age; Members of Lok Sabha from Union Territories; Delimitation of Parliamentary constituencies; Union executive; Disqualification on ground of defection; Ideal of Justice in the Preamble; Union Territories; Integrated judicial system; Sovereignty of Indian Parliament; etc.
By IT's Core Team
March 29, 2019

 

 

 

What are the factors which limits the sovereignty of Indian Parliament?

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Answer:

Following are the 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.

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.

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 Constitutional Amendment reduced the voting age from 21 years to 18 years?

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Answer:

  • The 61st Constitutional Amendment Act of 1988 reduced the voting age from 21 years to 18 years for the Lok Sabha as well as the assembly elections.
  • This was done in order to provide to the unrepresented youth of the country an opportunity to express their feelings and help them become a part of political process.
  • Article 326 of the Constitution provides that the elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage and the voters should not be less than 21 years of age.
  • Article 326 was amended to give effect to reduced voting age of 18 years.  The act was also ratified by the legislatures of not less than one-half of the States by resolution.
  • Keeping in view of the literacy, enlightenment and politically awareness among the youth, the lowering of the voting age was carried out by the amendment.

 

 

 

In context of Indian Polity, what is the meaning of integrated judicial system?

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Answer:

  • The Indian Constitution has established an integrated and independent judicial system with the Supreme Court at the top and the state high courts below it.
  • Under a high court (and below the state level), there is a hierarchy of subordinate courts, that is, district courts and other lower courts.
  • In US, on the other hand, there is a double system of courts whereby the federal laws are enforced by the federal judiciary and the state laws by the state judiciary.
  • The Constitution has established an integrated judicial system to enforce both the Central laws as well as state laws. This is done to eliminate diversities in the remedial procedure.
  • The judges of a state high court are appointed by the president in consultation with the Chief Justice of India and the governor of the state.
  • They can also be transferred and removed by the president.
  • The Parliament can establish a common high court for two or more states. For example, Maharashtra and goa or Punjab and Haryana have a common high court.

 

 

 

Which states were Union Territories before becoming States?

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Answer:

  • In 1987, Goa was conferred a statehood, it was constituted as a union territory by the 12th Constitutional Amendment Act, 1962.
  • In 1971, the union territory of Himachal Pradesh was elevated to the status of a state, the 18th state of the Indian Union.
  • Manipur and Tripura got statehood in 1972.
  • The Union Territory of Mizoram was conferred the status of a full state as a sequel to the signing of a memorandum of settlement (Mizoram Peace Accord) in 1986.
  • Arunachal Pradesh had also been a union territory from 1972 that got the statehood in 1987.
  • Sikkim became a ‘Protectorate’ of India and in 1974 it expressed its desire for greater association with India. Thus, under 35th Constitutional Amendment Act , 1974 , it was made a State.

 

 

 

The ideal of justice in the Preamble has been take from which revolution? French OR Russian?

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Answer:

  • Ideals of justice in the preamble was taken from the Russian revolution of 1917.

Enrich Your Learning:

The ideal of Justice in the Preamble:

  • The term ‘justice’ in the Preamble embraces three distinct forms—social, economic and political.
  • The justice can be secured through various provisions of Fundamental Rights and Directive Principles.
  • This ideal has been taken from the Russian Revolution (1917).
  • Social justice means equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on.
  • Economic justice means the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income and property.
  • Political justice means that all citizens should have equal political rights, equal access to all political offices and equal voice in the government.

 

 

 

Which Schedule of the Indian Constitution deals with disqualification on ground of defection?

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Answer:

Tenth Schedule of the constitution of India deals with disqualification on ground of defection.

Enrich Your Learning:

Tenth Schedule of the constitution of India:

  • Tenth Schedule of the Indian Constitution (Article 102 and 191) deals with the provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection.
  • This schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
  • It lays down that a person shall be disqualified from being a member of Parliament if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule.
  • The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha.
  • Such decision is subject to judicial review.
  • The 91st Amendment Act of 2003 made one change in the provisions of the Tenth Schedule. It omitted an exception provision i.e., disqualification on ground of defection not to apply in case of split.

 

 

 

All executive actions of the Government of India are formally taken in the name of the?

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Answer:

  • All executive action of the Government of India shall be expressed to be taken in the name of the President.

Enrich Your Learning:

  • Constitutional Article 77, Conduct of Business of the Government of India, provides that executive actions to be taken in the name of President.
  • Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President.
  • 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 Union executive consists of whom?

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Answer:

  • The Union executive consists of the President, the Vice-President, the Prime Minister, the council of ministers and the attorney general of India.

Enrich Your Learning:

The Union executive:

  • Articles 52 to 78 in Part V of the Constitution deal with the Union executive.
  • The Union Executive is the body that is set up to look into the implementation of the laws. 
  • The organ of a government that primarily looks after the function of implementation and administration is known the Executive.
  • The Executive is the branch of Government accountable for the implementation of laws and policies legislated by the legislature.
  • Article 74 (1) of the Indian Constitution states that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall in the exercise of his functions, act in accordance with such advice.”

 

 

 

The current delimitation of Parliamentary constituencies in India is based on which census?

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Answer:

The current delimitation of Parliamentary constituencies in India is based on census 2001 as per 87thAmendment Act of 2003.

Enrich Your Learning:

  • The latest Delimitation Commission Acts was enacted by the Parliament in 2002.
  • The 84th Amendment Act of 2001 also empowered the government to undertake readjustment and rationalization of territorial constituencies in a state on the basis of the population figures of 1991 census.
  • 87thAmendment Act of 2003 provided for the delimitation of constituencies on the basis of 2001 census and not 1991 census.
  • However, this can be done without altering the total number of seats in the assembly of each state.

 

 

 

How are 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 from the Union Territories (UTs).

Enrich Your Learning:

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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70 Days Prelims Flash Cards 2019
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