Answer with Explanation for Polity- Special MCQ-3
Q1. Correct Answer : D
- The Constitution (Article 4) itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368. This means that such laws can be passed by a simple majority and by the ordinary legislative process.
- The Supreme Court in 1969 ruled that, settlement of a boundary dispute between India and another country does not require a constitutional amendment. It can be done by executive action as it does not involve cession of Indian territory to a foreign country.
Q2. Correct Answer : C
These are the rights denied to alien citizens:
Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
Right to equality of opportunity in the matter of public employment (Article 16).
Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article 19).
Cultural and educational rights (Articles 29 and 30).
Right to vote in elections to the Lok Sabha and state legislative assembly.
Right to contest for the membership of the Parliament and the state legislature.
Eligibility to hold certain public offices, that is, President of India, Vice-President of India, judges of the Supreme Court and the high courts, governor of states, attorney general of India and advocate general of states.
Q3. Correct Answer : A
- The Constitution deals with the citizenship from Articles 5 to 11 under Part II. However, it contains neither any permanent nor any elaborate provisions in this regard. It only identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950). It does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement. It leaves the same to the Parliament.
- In India both a citizen by birth as well as a naturalized citizen are eligible for the office of President while in USA, only a citizen by birth and not a naturalised citizen is eligible for the office of President.
Q4. Correct Answer : B
- FRs can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when emergency is declared on the grounds of war or external aggression (i.e., external emergency) and not on the ground of armed rebellion (i.e., internal emergency).
- Their application can be restricted while martial law is in force in any area. Martial law means military rule imposed under abnormal circumstances to restore order (Article 34). It is different from the imposition of national emergency.
Q5. Correct Answer : D
- While Planning Commission enjoyed the powers to allocate funds to ministries and state governments, NITI Aayog will be an advisory body, or a think-tank. Under Planning Commission, States’ role was limited to the National Development Council and annual interaction during Plan meetings and the commission reported to National Development Council that had state chief ministers and lieutenant governors of UTs. But Niti Aayog‘s Governing Council has state chief ministers and lieutenant governors as the all powerful body.
- Under Niti Aayog states are consulted while making policy and deciding on funds allocation. Final policy would be a result of those consultations unlike under Planning Commission when policy was formed by the commission and states were then consulted about allocation of funds.
- While Niti Aayog is a think-tank and does not have thepower to impose policies, Planning Commission decided policies for states and tied allocation of funds with projects it approved, a methodology driven by “one size fits all” concept.
Q6. Correct Answer : B
- It provided for the establishment of an All-India Federation consisting of provinces and princely states as units. The Act divided the powers between the Centre and units in terms of three lists—Federal List (for Centre, with 59 items), Provincial List (for provinces, with 54 items) and the Concurrent List (for both, with 36 items).
- Residuary powers were given to the Viceroy. However, the federation never came into being as the princely states did not join it.
- It abolished dyarchy in the provinces and introduced provincial autonomy‘ in its place. The provinces were allowed to act as autonomous units of administration in their defined spheres.
- Moreover, the Act introduced responsible governments in provinces, that is, the governor was required to act with the advice of ministers responsible to the provincial legislature. This came into effect in 1937 and was discontinued in 1939.
- It extended franchise. About 10 per cent of the total population got the voting right.
Q7. Correct Answer : A
Features of the 1853 Act
- It separated, for the first time, the legislative and executive functions of the Governor General‘s council. It provided for addition of six new members called legislative councillors to the council. In other words, it established a separate Governor-General‘s legislative council which came to be known as the Indian (Central) Legislative Council. This legislative wing of the council functioned as a mini-Parliament, adopting the same procedures as the British Parliament. Thus, legislation, for the first time, was treated as a special function of the government, requiring special machinery and special process.
- It introduced an open competition system of selection and recruitment of civil servants. The covenanted civil service was thus thrown open to the Indians also. Accordingly, the Macaulay Committee (the Committee on the Indian Civil Service) was appointed in 1854.
- It extended the Company‘s rule and allowed it to retain the possession of Indian territories on trust for the British Crown. But, it did not specify any particular period, unlike the previous Charters. This was a clear indication that the Company‘s rule could be terminated at any time the Parliament liked.
- It introduced, for the first time, local representation in the Indian (Central) Legislative Council. Of the six new legislative members of the governor-general‘s council, four members were appointed by the local (provincial) governments of Madras, Bombay, Bengal and Agra.
Q8. Correct Answer : C
This significant Act was enacted in the wake of the Revolt of 1857—also known as the First War of Independence or the sepoy mutiny‘. The act known as the Act for the Good Government of India, abolished the East India Company, and transferred the powers of government, territories and revenues to the British Crown.
Features of the Act
- It provided that India henceforth was to be governed by, and in the name of, Her Majesty. It changed the designation of the Governor-General of India to that of Viceroy of India. He (viceroy) was the direct representative of the British Crown in India. Lord Canning thus became the first Viceroy of India.
- It ended the system of double government by abolishing the Board of Control and Court of Directors.
- It created a new office, Secretary of State for India, vested with complete authority and control over Indian administration. The secretary of state was a member of the British cabinet and was responsible ultimately to the British Parliament.
- It established a 15-member Council of India to assist the secretary of state for India. The council was an advisory body. The secretary of state was made the chairman of the council.
- It constituted the secretary of state-in-council as a body corporate, capable of suing and being sued in India and in England. The Act of 1858 was, however, largely confined to the improvement of the administrative machinery by which the Indian Government was to be supervised and controlled in England. It did not alter in any substantial way the system of government that prevailed in India.
Q9. Correct Answer : D
Some Features of the Act of 1861
It made a beginning of representative institutions by associating Indians with the lawmaking process. It thus provided that the viceroy should nominate some Indians as nonofficial members of his expanded council. In 1862, Lord Canning, the then viceroy, nominated three Indians to his legislative council—the Raja of Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
Some Features of the Act of 1892
- It increased the number of additional (non-official) members in the Central and provincial legislative councils, but maintained the official majority in them.
- It increased the functions of legislative councils and gave them the power of discussing the budget and addressing questions to the executive.
- Act of 1909 considerably increased the size of the legislative councils, both Central and provincial. It retained official majority in the Central Legislative Council but allowed the provincial legislative councils to have nonofficial majority.
- It enlarged the deliberative functions of the legislative councils at both the levels. For example, members were allowed to ask supplementary questions, move resolutions on the budget, and so on.
Q10. Correct Answer : D
Features of the Act
- It relaxed the central control over the provinces by demarcating and separating the central and provincial subjects. The central and provincial legislatures were authorised to make laws on their respective list of subjects. However, the structure of government continued to be centralised and unitary.
- It further divided the provincial subjects into two parts—transferred and reserved. The transferred subjects were to be administered by the governor with the aid of ministers responsible to the legislative Council. The reserved subjects, on the other hand, were to be administered by the governor and his executive council without being responsible to the legislative Council. This dual scheme of governance was known as dyarchy‘—a term derived from the Greek word di-arche which means double rule. However, this experiment was largely unsuccessful.
- It introduced, for the first time, bicameralism and direct elections in the country. Thus, the Indian Legislative Council was replaced by a bicameral legislature consisting of an Upper House (Council of State) and a Lower House (Legislative Assembly). The majority of members of both the Houses were chosen by direct election.
- It required that the three of the six members of the Viceroy‘s executive Council (other than the commanderin- chief) were to be Indian.
- It extended the principle of communal representation by providing separate electorates for Sikhs, Indian Christians, Anglo-Indians and Europeans.