Flash Card

LAKSHYA-75 [Day-31] Static Flash Cards for IAS Prelims 2020

Comptroller and Auditor General (CAG) of India; 'Proclamation of Emergency'; Fazal Ali Committee; Composition of Rajya Sabha; Administration of Union Territories in India; Question hour in the parliament; Sovereignty of Indian Parliament; Election Commission; Composition of the Legislative Council; Financial emergency under article 360;
By IASToppers
April 08, 2020

Can Comptroller and Auditor General of India audit all public corporations?

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Answer:

  • The role of CAG in the auditing of public corporations is limited. Some corporations are totally subjected to private audit.
  • They submit their annual reports and accounts directly to the Parliament.
  • Examples of such corporations are Life Insurance Corporation of India, Reserve Bank of India, State Bank of India, Food Corporation of India, and others.

Enrich Your Learning:

Powers and duties of Comptroller and Auditor General (CAG) of India:

  • CAG audits the accounts of the Consolidated Fund of India, consolidated fund of each state and consolidated fund of each union territory having a Legislative Assembly.
  • He audits all expenditure from the Contingency Fund of India and the Public Account of India as well as the contingency fund of each state and the public account of each state.
  • He audits all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary accounts kept by any department of the Central Government and state governments.
  • He audits the receipts and expenditure of the Centre and each state to satisfy himself that the rules and procedures in that behalf are designed to secure an effective check on the assessment, collection and proper allocation of revenue.
  • He audits all transactions of the Central and state governments related to debt, sinking funds, deposits, advances, suspense accounts and remittance business, and receipts, stock accounts and others, with approval of the President, or when required by the President
  • He audits the receipts and expenditure of the following:
    • All bodies and authorities substantially financed from the Central or state revenues;
    • Government companies; and
    • Other corporations and bodies, when so required by related laws.
  • He audits the accounts of any other authority (like local bodies) when requested by the President or Governor.
  • He submits his audit reports relating to the accounts of the Centre to President and of a state to governor, who shall, in turn, place them before both the Houses of Parliament and state legislature respectively (Article 151).
  • He advises the President with regard to prescription of the form in which the accounts of the Centre and the states shall be kept (Article 150).
  • He guides the Public Accounts Committee of the Parliament.

Financial emergency was only declared once in India during 1991 which was caused by the currency devaluation and the current account deficit. True OR False. – False.

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Answer:

  • No Financial Emergency has been declared so far, though there was a financial crisis in 1991.=.

Enrich Your Learning:

Financial emergency under article 360:

  • The constitute empowers the President under Article 360 to proclaim a Financial Emergency.
  • But he should be satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened. His decision in this regard is not beyond judicial review.
  • The financial emergency when proclaimed must be approved by both the Houses of Parliament within two months from the date of its issue.
  • If the Lok Sabha is dissolved or during the two months period if Lok Sabha gets dissolved then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, but till that time Rajya Sabha has to approve it.
  • After approval the financial emergency continues indefinitely untill it is revoked.
  • It may be revoked by the president at any time by a subsequent proclamation which does not require the parliamentary approval.
  • During the operation of a financial emergency, the Centre acquires full control over the states in financial matters.
  • The centre directs any state in all the financial matters during financial emergency.
  • No Financial Emergency has been declared so far, though there was a financial crisis in 1991.

Governor of a state can nominate how many members of the state legislative council?

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Answer:

  • Governor of a state can nominate one-sixth of members of the state legislative council.

Enrich Your Learning:

About Legislative Council:

  • Article 171 of the Constitution of India provides for the establishment of a Vidhan Parishad. The Vidhan Parishad or Legislative Council is the upper house in those states of India that have a bicameral legislature.
  • The Vidhan Parishad is a permanent house, and hence it is not dissolved. Members are elected/nominated for a period of six years. One-third of its members retire after every two years. The retiring members are eligible for re-election.
  • The qualifications for becoming members of the Legislative Council are similar to those for the members of the Legislative Assembly.
  • However, the minimum age in case of Legislative Assembly is 25 years whereas for the Council it is 30 years. The State Legislature meets twice a year at least and the interval between two sessions cannot be more than six months.
  • The members of Vidhan Sabha and Vidhan Parishad elect their respective Presiding Officers, as well as Speaker and Deputy Speakers, the Chairman and Deputy Chairman.
  • The business of the two houses is conducted by their respective Presiding Officers who also maintain discipline and order in the houses.

Composition of the Legislative Council:

  • The upper chamber of the State Legislature i.e. the Legislative Council or Vidhan Parishad shall not have more than one third of the total membership of the State Legislative Assembly but not less than 40. The Legislative Council in Jammu & Kashmir has 36 members as an exception. The members of the Legislative Council are partly elected indirectly and partly nominated.

The composition of the Legislative Council is as follows:

  • One-third members are elected by the members of local bodies i.e. Municipalities, District Boards and others in the State;
  • Another one-third members are elected by the members of the Legislative Assembly;
  • One-twelfth members are elected by the electorate consisting of graduates of the State of not less than three years standing;
  • Another one-twelfth are elected by the electorate consisting of teachers having teaching experience of at least three years in the educational institutions within the State, but these institutions must not be lower in standard than secondary schools; and
  • The remaining one-sixth members are nominated by the Governor of the State.

If a person is found guilty of corrupt practices at elections, the opinion of the Election Commission is binding on the President. True or False?

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Answer:

  • The president is bound to the opinion of the Election Commission in case if a person is found guilty of corrupt practices.

Enrich Your Learning:

Election Commission:

  • Election Commission of India is a permanent Constitutional Body.
  • The Election Commission was established in accordance with the Constitution on 25th January 1950.
  • The Constitution of India has vested in the Election Commission of India the superintendence, direction and control of the entire process for conduct of elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India.
  • Originally, the commission had only a Chief Election Commissioner. It currently consists of Chief Election Commissioner and two Election Commissioners.
  • For the first time two additional Commissioners were appointed on 16th October 1989 but they had a very short tenure till 1st January 1990. Later, on 1st October 1993 two additional Election Commissioners were appointed.
  • The concept of multi-member Commission has been in operation since then, with decision making power by majority vote.
  • All Election Commissioners have equal say in the decision making of the Commission.
  • At the state level, the election work is supervised, subject to overall superintendence, direction and control of the Commission, by the Chief Electoral Officer of the State, who is appointed by the Commission from amongst senior civil servants proposed by the concerned state government. He is, in most of the States, a full-time officer and has a small team of supporting staff.
  • At the district and constituency levels, the District Election Officers, Electoral Registration Officers and Returning Officers, who are assisted by a large number of junior functionaries, perform election work. They all perform their functions relating to elections in addition to their other responsibilities. During election time, however, they are available to the Commission, more or less, on a full-time basis.
  • The Commission also has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
  • The cases of persons found guilty of corrupt practices at elections which come before the Supreme Court and High Courts are also referred to the Commission for its opinion on the question as to whether such person shall be disqualified and, if so, for what period. The opinion of the Commission in all such matters is binding on the President or, as the case may be, the Governor to whom such opinion is tendered.

Appointment & Tenure of Commissioners:

  • The President appoints Chief Election Commissioner and Election Commissioners.
  • They have tenure of six years, or up to the age of 65 years, whichever is earlier.
  • They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
  • The Chief Election Commissioner can be removed from office only through impeachment by Parliament.

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.

Question Hour is an exclusive feature of the Lok Sabha and not present in Rajya Sabha. Right OR Wrong?

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Answer:

  •  

Right Statement:

  • Question Hour is a feature of both Lok Sabha and Rajya Sabha.

Enrich Your Learning:

Question hour in the parliament:

  • The question hour is the time when the members ask questions and the ministers usually give answers.
  • The first hour of every parliamentary sitting is allotted for this.
  • It includes three types of questions namely; starred, unstarred and short notice.
  • A starred question is distinguished by an asterisk mark, which requires an oral answer so that the supplementary questions can follow.
  • An unstarred question, requires a written answer and hence, supplementary questions cannot follow.
  • A short notice question is asked by giving a notice of less than ten days and it is answered orally.
  • The questions can also be asked to the private member if the subject matter of the question relates to some Bill, resolution or other matter connected with the business of the House for which that member is responsible.
  • The list of starred, unstarred, short notice questions and questions to private members are printed in green, white, light pink and yellow colour, respectively, to distinguish them from one another.

The governor of the state can be appointed as the administrator of its adjoining union territory by the Parliament. Right OR Wrong?

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Answer:

  •  

Right Statement:

  • The governor of the state can be appointed as the administrator of its adjoining union territory by the President, wherein the governor acts independently from his council of ministers.

Enrich Your Learning:

Administration of Union Territories in India

  • Every union territory is administered by the President acting through an administrator appointed by him. The union territories are dealt with Articles 239 to 241 in Part VIII of the Constitution.
  • Though all the union territories belong to one category, there is no uniformity in their administrative system.
  • These administrators are agent of the President and not head of state like a governor.
  • The President can specify the designation of an administrator; it may be Lieutenant Governor or Chief Commissioner or Administrator.

Which schedule of the Constitution deals with the allocation of seats in the Rajya Sabha to the states and union territories?

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Answer:

  • The allocation of seats in the Rajya Sabha to the states and union territories is dealt with in fourth schedule.

Enrich Your Learning:

Composition of Rajya Sabha:

  • Rajya Sabha has fixed strength of members at 250, out of which, 238 are to be the representatives of the states and union territories (elected indirectly) and 12 are nominated by the president.
  • The representatives of states in the Rajya Sabha are elected by the elected members of state legislative assemblies through the election held in accordance with the system of proportional representation by means of the single transferable vote.
  • The seats are allotted on the basis of the population due to which the number of seats varies from state to state.
  • The members of Rajya Sabha in each of the Union Territory are elected indirectly by the members of an electoral college specially constituted for the purpose and the election is held in accordance with the system of proportional representation by means of the single transferable vote.
  • The president nominates 12 members to the Rajya Sabha from people who have special knowledge or practical experience in art, literature, science and social service.
  • The Rajya Sabha is a continuing chamber, that is, it is a permanent body and not subject to dissolution. However, one-third of its members retire every second year.
  • The term of office of a member of the Rajya Sabha shall be six years.

In context of India’s political history, the Fazal Ali Committee was constituted for which task?

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Answer:

  • To make an exhaustive study of the problem of state reorganisation, the Government of India set-up State Reorganisation Commission in 1953which was headed by Fazal Ali.

More about the committee:

  • The other members of the commission were Hriday Nath Kunzru and K M Panikkar.
  • The commission, in its report submitted in 1955, accepted the language as the basis of reorganisation of the States.
  • It suggested the reorganisation of 27 states of various categories into 16 states and 3 union territories.

Some of the important recommendations of the Commission were;

  • The Indian Union was to consist of 16 States as against the existing 27 and three centrally and ministered territories.
  • Special safeguards were recommended for linguistic minorities.
  • In the interests of national unity and good administration, the Commission—recommended the reconstitution of certain All India Services. It further recommended that at least 50 per cent of the new entrants to the All India Services and at least one third of the number of Judges in a High Court should consist of persons recruited from outside that State so that, administration might inspire confidence and help in arresting parochial trends.
  • The Commission put emphasis on the need for encouraging the study of Indian languages other than Hindi but, for some time to come, English continue to occupy an important place in the universities and institutions of higher learning.
  • The Commission rejected the demand for the creation of a Punjabi Speaking State (Punjabi Suba) because “the creation of such a state will solve neither the language nor the communal problem”.
  • The State Reorganisation Act, 1956 was passed by parliament to give effect to the recommendations of the commission.

The term ‘Proclamation of Emergency’ mentioned in the Constitution of India denotes to:

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Answer:

  • As per Article 352, the Constitution employs the expression ‘Proclamation of Emergency’ to denote the National Emergency only due to war, external aggression or armed rebellion.

Article 352 Proclamation of Emergency:

  • Proclamation of Emergency is popularly known as ‘National Emergency’.
  • Proclamation of emergency as per article 352, is declared when the security of India or part of it is threatened due to war, external aggression or armed rebellion.
  • The president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion, if he is satisfied that there is an imminent danger.
  • When a national emergency is declared on the ground of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. On the other hand, when it is declared on the ground of ‘armed rebellion’, it is known as ‘Internal Emergency’.
  • The proclamation can be applied to the entire country or only a part of it.
  • After the 42nd Amendment Act of 1976 was enacted the President was enabled to limit the operation of a National Emergency to a specified part of India.
  • The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet.
  • The 44th Amendment Act of 1978 brought such declaration under judicial review.
  • It effects the Centre–state relations, life of the Lok Sabha and State assembly, and Fundamental Rights.
  • This type of Emergency has been proclaimed three times so far—in 1962 during Chinese aggression in Arunachal Pradesh, in 1971 during the attack by Pakistan and in 1975 on the ground of internal disturbance.

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Daily Current Flash Cards 2020 Prelims 2020
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