Constitution Of India - Study Mode
[#3491] Which of the following statements is the correct one?
Correct Answer
(D) The President proclaims emergency on the basis of any ground mentioned in the clause (1) of the Article 352 or possibility thereof
[#3492] Consider the following statements: 1. The President can commute death sentence to the life imprisonment. 2. The Governor cannot commute death sentence to life imprisonment. 3. The President's power to pardon extends to punishments or sentences by court marital. Which one of the statements given above is/are correct
Correct Answer
(B) 1 and 3 only
[#3493] Chief Election Commissioner of India may be removed by
Correct Answer
(B) Resolution of both houses
Explanation
Solution: The Chief Election Commissioner (CEC) of India is the head of the Election Commission of India and is responsible for conducting free and fair elections in the country. The process for the removal of the Chief Election Commissioner is outlined in the Constitution of India. Removal Process: - The Chief Election Commissioner enjoys security of tenure similar to that of a Supreme Court judge. - As per Article 324(5) of the Constitution, the CEC can only be removed in the same manner as a Supreme Court judge. - This means the removal must be carried out through a resolution passed by both Houses of Parliament with a special majority on the grounds of proved misbehavior or incapacity. - The President of India acts upon this resolution for the final removal. Why are other options incorrect? - Option A: Resolution of cabinet by two third majority – Incorrect, as the removal of the CEC does not involve the Cabinet but requires parliamentary approval. - Option C: On recommendation of Chief Justice of India – Incorrect, as the Chief Justice of India has no role in the removal process. - Option D: None of these – Incorrect, because Option B correctly states the removal process. Thus, the correct answer is Option B: Resolution of both houses .
[#3494] The largest committee of Parliament of India is
Correct Answer
(B) Estimates Committee
Explanation
Solution: The Estimates Committee is one of the parliamentary committees in India. It is responsible for examining how funds allocated to various ministries and departments are utilized and suggesting improvements in economy and efficiency. Explanation: The Estimates Committee is the largest committee in the Indian Parliament. It consists of 30 members , all of whom are drawn from the Lok Sabha. The Rajya Sabha does not have representation in this committee. The members are elected annually by the Lok Sabha from among its members, based on the principle of proportional representation. The primary function of the committee is to examine the estimates of expenditure presented in the Union Budget and ensure that public funds are being used effectively. It has the authority to suggest measures to reduce wasteful expenditure and promote efficiency in administration. Why not other options? Option A: Public Accounts Committee (PAC) – This committee consists of 22 members (15 from Lok Sabha and 7 from Rajya Sabha), which is smaller than the Estimates Committee. Option C: Committee on Public Undertakings – This committee also consists of 22 members (15 from Lok Sabha and 7 from Rajya Sabha), making it smaller than the Estimates Committee. Option D: Joint Parliamentary Committee (JPC) – The number of members in a JPC varies, depending on the issue under investigation, but it is not a standing committee and does not have a fixed membership larger than the Estimates Committee. Thus, the Estimates Committee is the largest committee in the Indian Parliament, making Option B the correct answer.
[#3495] Which among the following statements is/are true according to I. R. Coelho v. State of Tamil Nadu? 1. Judicial Review on legislations inserted in Schedule 9 is allowed when the legislation is not in conformity with basic structure doctrine. 2. Legislation effecting Fundamental Rights can be reviewed.
Correct Answer
(C) Both 1 and 2
Explanation
Solution: The case of I. R. Coelho v. State of Tamil Nadu (2007) was a landmark judgment by the Supreme Court of India that reaffirmed the authority of judicial review over laws placed in the Ninth Schedule of the Constitution. The Ninth Schedule was introduced by the First Amendment in 1951 to protect certain laws from judicial scrutiny, particularly land reform laws. However, the Supreme Court in this case ruled that even laws under the Ninth Schedule are subject to judicial review if they violate the basic structure doctrine . Explanation: The Supreme Court held that any law placed in the Ninth Schedule after April 24, 1973 (the date of the Keshavananda Bharati judgment ) could be reviewed by the judiciary if it violated the basic structure of the Constitution, including Fundamental Rights. Statement 1: Judicial Review on legislations inserted in Schedule 9 is allowed when the legislation is not in conformity with basic structure doctrine. This statement is true . The Supreme Court ruled that judicial review is applicable to laws placed in the Ninth Schedule if they violate the basic structure doctrine. Laws cannot escape scrutiny merely by being placed in the Ninth Schedule. Statement 2: Legislation affecting Fundamental Rights can be reviewed. This statement is also true . The Supreme Court clarified that if a law under the Ninth Schedule affects Fundamental Rights in a manner that violates the basic structure of the Constitution, it can be reviewed and struck down if necessary. Since both statements 1 and 2 are correct, Option C (Both 1 and 2) is the correct answer.