[Mission 2022] QUIZ – 2022: INSIGHTS STATIC QUIZ, 25 December 2021 – Polity – INSIGHTSIAS

Solution: c)

Article 341 of the Constitution provides certain privileges and concessions to the members of Scheduled Castes.

Under the provision of Article 341, first list of SCs in relation to a states/UT is to be issued by a notified Order of the President after consulting concerned state Government.

But the clause (2) of Article 341 envisages that, any subsequent inclusion in or exclusion from the list of Scheduled Castes can be effected through an Act of Parliament.

Parliament alone is vested with the power to include or exclude any entry in the SC list under Article 341 of the Constitution.

Statement 3: Reservation is there only in the Lok Sabha.

Solution: d)

Article 256 of the Constitution obligates the State government to ensure implementation of the laws made by Parliament. If the State government fails to do so, the Government of India is empowered to give “such directions to a State as may appear… to be necessary”. The refusal to enforce the law even after the Centre issues directions would empower the President to impose President’s Rule in those States under Articles 356 and 365. The Supreme Court of India has also confirmed this reading of the law in S.R. Bommai v. Union of India — arguably the most significant case on Indian federalism.

Solution: d)

The Law Commission of India shall, inter-alia,: –

• identify laws which are no longer needed or relevant and can be immediately repealed;
• examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform and also suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution;
• consider and convey to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs);
• Consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs);
• take all such measures as may be necessary to harness law and the legal process in the service of the poor;
• revise the Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and inequities;

Solution: b)

In order to ensure that proceedings are conducted in the proper manner, the Speaker is empowered to force a Member to withdraw from the House (for the remaining part of the day), or to place him/her under suspension.

While the Speaker is empowered to place a Member under suspension, the authority for revocation of this order is not vested in her. It is for the House, if it so desires, to resolve on a motion to revoke the suspension.

Like the Speaker in Lok Sabha, the Chairman of the Rajya Sabha is empowered under Rule Number 255 of its Rule Book to “direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House.

“…Any Member so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting.”

The Chairman may “name a Member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing” business. In such a situation, the House may adopt a motion suspending the Member from the service of the House for a period not exceeding the remainder of the session.

The House may, however, by another motion, terminate the suspension.

Unlike the Speaker, however, the Rajya Sabha Chairman does not have the power to suspend a Member.

Solution: a)

The Inter-State Council is a non-permanent constitutional body set up by a presidential order on the basis of provisions in Article 263 of the Constitution of India. The body was formed by a presidential order dated 28 May 1990 on recommendation of Sarkaria Commission. The Council is formed to discuss or investigate policies, subjects of common interest, and disputes among states.

Prime Minister of India is the Chairman of Inter-State Council.