QUIZ – 2020: INSIGHTS STATIC , 14 August 2021 – Polity – INSIGHTSIAS

Solution: a)

Fundamental rights, protect citizens against the arbitrary and absolute exercise of power by the State. The Constitution of India guarantees the rights of the individual against the State as well as against other individuals.

Solution: a)

A parliamentary committee means a committee that:

• Is appointed or elected by the House or nominated by the Speaker / Chairman
• Works under the direction of the Speaker / Chairman
• Presents its report to the House or to the Speaker / Chairman
• Has a secretariat provided by the Lok Sabha / Rajya Sabha

Solution: c)

Article 356 of the Constitution of India gives President of India the power to suspend state government and impose President’s rule on any state in the country “if he is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution”.

Upon the imposition of this rule, there would be no Council of Ministers. The Vidhan Sabha is either dissolved or prorogued.

The state will fall under the direct control of the Union government, and the Governor will continue to be head the proceedings, representing the President of India – who is the Head of the State.

The imposition of the President’s rule requires the sanction of both the houses of Parliament.

If approved, it can go on for a period of six months. However, the imposition cannot be extended for more than three years, and needs to be brought before the two houses every six months for approval.

A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.

Solution: b)

The President can exercise these powers:

• In all cases where the punishment or sentence is by a court martial;
• In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
• In all cases where the sentence is a sentence of death.

This power of pardon shall be exercised by the President on the advice of Council of Ministers.

The constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction.

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: d)

A310 essentially conveys that civil servants of the Union hold office during the pleasure of the President, and those at the state at the pleasure of the Governor.

A311 conveys that they cannot be removed by an authority subordinate to the one that appointed them, and that due inquiry must be conducted where they are allowed to hear charges against them and defend themselves appropriately.