UPSC Essentials | Daily subject-wise quiz — Polity and Governance (Week 10)

QUESTION 1

With reference to the administration of the National Capital Territory of Delhi (NCTD), consider the following statements:

1. The Legislative Assembly of the NCTD does not have the power to legislate any matter related to public order, land and police.

2. NCTD is the only Union Territory that has legislative and executive powers over services.

Which of the above statement(s) is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

QUESTION 2

With reference to the composition of panchayats, consider the following statements:

1. All the seats in a Panchayat shall be filled by persons chosen by indirect election.

2. The ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall be the same throughout the State. 

Which of the above statement(s) is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

QUESTION 3

Consider the following statements about the disqualification:

1. Section 8 of the Representation of the People Act, 1951 deals with the disqualification of a lawmaker for conviction in certain offences.

2. Article 102 of the Indian Constitution deals with the disqualification of members of parliament and members of legislative assemblies.

3. The Supreme Court in its ruling in Lok Prahari v Union of India (2018) clarified that a disqualification triggered by a conviction will be reversed if the conviction is stayed by a court.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

QUESTION 4

Consider the following statements about appropriation bills:

1. They meet the grants so made by the House of the People.

2. No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant.

3. No money shall be withdrawn from the consolidated fund of India except under appropriation made by law passed in accordance with articles 115 and 116.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

QUESTION 5

Which of the following articles of the Constitution of India deals with analogous powers of the Governor to promulgate/ withdraw an Ordinance when the state legislature is not in session?

(a) Article 123

(b) Article 240

(c) Article 214

(d) Article 213

ANSWERS TO MCQs

1. (c)

FYI:

— The Supreme Court held that the state government will have legislative and executive control over administrative services in the National Capital Territory of Delhi (NCTD) except with regard to public order, police and land. Hence, statement 1 is correct.

— The Supreme Court also sought to distinguish NCTD from other Union territories. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a State.

— The Legislative Assembly of NCTD has competence over entries in List II (state list) and List III (concurrent list) except for the expressly excluded entries of List II,” the Supreme Court said. The excluded entries are related to public order, police and land.

— The Supreme Court also made it clear that “NCTD has legislative and executive power over Services, that is, Entry 41 of List II of the Seventh Schedule…” Entry 41 of List II deals with state public services and the State Public Service Commission. Hence, statement 2 is correct.

— The Centre had contended that NCTD does not have legislative competence over Entry 41 of List II on the ground that Part XIV of the Constitution which deals with “services under the Union and states” does not contemplate any services for Union Territories. 

Therefore, option (c) is the correct answer.

2. (b)

FYI:

— Article 243-C of part IX of the Constitution of India deals with the Composition of Panchayats

— The ratio between the population of the territorial area of a Panchayat at any level and the number of seats in such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State. Hence, statement 2 is correct.

— All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and, for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area. Hence, statement 1 is not correct.

— The Legislature of a State may, by law, provide for the representation—

(a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level;

(b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level;

(c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat;

(d) of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within—

(i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level;

(ii) a Panchayat area at the district level, in Panchayat at the district level.

— The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats.

— The Chairperson of—

(a) a Panchayat at the village level shall be elected in such manner as the Legislature of a State may, by law, provide; and

(b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof.

Therefore, option (b) is the correct answer.

(Source: Constitution of India)

3. (b)

FYI:

— Wayanad MP Rahul Gandhi’s membership of Parliament has been cancelled following his conviction and sentencing by a local court in Surat. A notification issued by the Lok Sabha Secretariat said Rahul “stands disqualified from the membership of Lok Sabha from the date of his conviction i.e. March 23, 2023, in terms of the provisions of Article 102(1)(e) of the Constitution of India read with Section 8 of the Representation of the People Act, 1951”.

— Section 8 of the RP Act deals with the disqualification of a lawmaker for conviction in certain offences. The provision is aimed at “preventing criminalisation of politics and keeping ‘tainted’ lawmakers from contesting elections. Hence, statement 1 is correct.

— Section 8(3) of the Representation of the People Act, 1951 states that “a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”

— Article 102 of the Constitution deals with grounds for disqualification of a parliamentarian. Sub-clause (e) of Article 102(1) says an MP will lose his membership of the House “if he is so disqualified by or under any law made by Parliament. Hence, statement 2 is not correct.

— The Supreme Court in its ruling in Lok Prahari v Union of India (2018) clarified that a disqualification triggered by a conviction will be reversed if the conviction is stayed by a court. “Once the conviction has been stayed during the pendency of an appeal, the disqualification which operates as a consequence of the conviction cannot take or remain in effect,”. Hence, statement 3 is correct.

Therefore, option (b) is the correct answer.

4. (c)

FYI:

— Article 114 of part V of the Constitution of India deals with Appropriation Bills.

Appropriation bills are introduced as soon as the grants under Article 113 have been made by the House of the People required to meet —

(a) the grants so made by the House of the People, and Hence, statement 1 is correct.

(b) the expenditure charged on the Consolidated Fund of India but not exceeding, in any case, the amount shown in the statement previously laid before Parliament.

— No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final. Hence, statement 2 is correct.

— Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article. Hence, statement 3 is correct.

Therefore, option (c) is the correct answer.

(Source: Constitution of India)

5. (d)

FYI:

— Article 213 of the Constitution of India deals with the Power of the Governor to promulgate Ordinances during the recess of the Legislature.

— If at any time, except when the Legislative Assembly of a State is in session, or where there is a Legislative Council in a State, except when both Houses of the Legislature are in session, the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

— Provided that the Governor shall not, without instructions from the President, promulgate any such Ordinance if—

(a) a Bill containing the same provisions would under this Constitution have required the previous sanction of the President for the introduction thereof into the Legislature; or

(b) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President; or

(c) an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless having been reserved for the consideration of the President, it had received the assent of the President. 

Therefore, option (d) is the correct answer.

(Source: Constitution of India)

New initiative for UPSC Mains

UPSC CSE Mains 2023 season has begun. Are you ready for it? UPSC Essentials brings to you its new initiative for the practice of Mains answer writing. Mains Answer Writing will cover essential topics of static and dynamic parts of the UPSC Civil Services syllabus covered under various GS papers. This answer-writing practice is designed to help you as a value addition to your UPSC CSE Mains. Try it out!

UPSC Essentials: Mains answer practice — GS 1 (Week 1)

UPSC Essentials: Mains answer practice — GS 2 (Week 1)

UPSC Essentials: Mains answer practice — GS 3 (Week 2)

UPSC Essentials: Mains answer practice — GS 1 (Week 2)

UPSC Essentials: Mains answer practice — GS 2 (Week 2)

UPSC Essentials: Mains answer practice — GS 3 (Week 3)

UPSC Essentials: Mains answer practice — GS 4 (Week 2)

UPSC Essentials: Mains answer practice — GS 4 (Week 3)

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