QUIZ – 2020: INSIGHTS STATIC , 10 July 2021 – Polity – INSIGHTSIAS

Solution: c)

Republic

• A democratic polity can be classified into two categories–monarchy and republic. In a monarchy, the head of the state (usually king or queen) enjoys a hereditary position, that is, he comes into office through succession, e.g., Britain. In a republic, on the other hand, the head of the state is always elected directly or indirectly for a fixed period, e.g., USA.
• The term ‘republic’ in our Preamble indicates that India has an elected head called the president. He is elected indirectly for a fixed period of five years.
• A republic also means two more things: one, vesting of political sovereignty in the people and not in a single individual like a king; second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

Solution: c)

Provisions relating to the emoluments, allowances, privileges and so on of:

• The President of India
• The Governors of States
• The Speaker and the Deputy Speaker of the Lok Sabha
• The Chairman and the Deputy Chairman of the Rajya Sabha
• The Speaker and the Deputy Speaker of the Legislative Assembly in the states
• The Chairman and the Deputy Chairman of the Legislative Council in the states
• The Judges of the Supreme Court
• The Judges of the High Courts
• The Comptroller and Auditor-General of India

Solution: b)

Article 59 – Conditions of Presidents office: The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President

Article 79 – Constitution of Parliament: There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the council of States and the House of the People

Though the offices of the leader of the House and the leader of the Opposition are not mentioned in the Constitution of India, they are mentioned in the Rules of the House and Parliamentary Statute respectively.

Solution: a)

1. The power of pardon shall be exercised by the President on the advice of Council of Ministers.
2. The constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction.
3. But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness.

Solution: b)

Pardoning Powers of Governor:

Article 161 deals with the Pardoning Power of the Governor.

• The Governor can grant pardons, reprieves, respites and remissions of punishments or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.
• The Governor cannot Pardon a Death Sentence. (The President has the power of Pardon a death Sentence).
• The Governor cannot grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial. However, the President can do so.