Results
#1. The Parliament can make any law for whole or any part of India for implementing international treaties?
The Parliament can make laws on any matter in the State List for implementing the international treaties, agreements or conventions. It can be done without the consent of the states. This provision enables the Central government to fulfilits international obligations and commitments.
Some examples of laws enacted under the above provision are United Nations (Privileges and Immunities) Act, 1947; Geneva Convention Act, 1960; Anti-Hijacking Act, 1982 and legislations relating to environment and TRIPS.
#2. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the
Article 249 of the Constitution of India deals with the power of the Parliament to legislate with respect to a matter in the State List in national interest. It requires Rajya Sabha to pass a resolution supported by not less than two-thirds of the members present and voting.
If the Rajya Sabha declares that it is necessary in the national interest that Parliament should make laws with respect to goods and services tax a or a matter in the State List, then the Parliament becomes competent to make laws on that matter. Such a resolution must be supported by two-thirds of the members present and voting. The resolution remains in force for one year; it can be renewed any number of times but not exceeding one year at a time. The laws cease to have eff ect on the expiration of six months aft er the resolution has ceased to be in force. This provision does not restrict the power of a state legislature to make laws on the same matter. But, in case of inconsistency between a state law and a parliamentary law, the latter is to prevail.
#3. The main advantage of the parliamentary form of governments is that:
In a Parliamentary form of Government, real executive power lies with the Council of Ministers headed by the Prime Minister which is responsible to the legislature. In other words, they hold offi ce only if the majority in Lok Sabha supports them and must resign if they lose confidence of the Lok Sabha.
#4. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular state, then
The establishment of an independent judiciary necessarily indicates the federal character of Indian polity. The Constitution establishes an independent judiciary headed by the Supreme Court to settle the disputes between the Centre and the states or between the states. This helps in maintaining the separate jurisdiction and authority of both the Centre and the States. Following are the federal features of Indian Constitution:
• Dual polity consisting of the Union at the Centre and the states at the periphery.
• Written Constitution • Division of powers between the Centre and the states (by Schedule VII)
• Supremacy of the Constitution
• Rigidity of the constitution
• Bicameral legislature consisting of Rajya Sabha and Lok Sabha • Independency of judiciary
#5. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?
Sarkaria Commission was constituted by the Government of India in 1983 to look after the situation on various matters, the most important being centre-state relations. The important recommendation of the Sarkaria Commission were –
• Setting up a permanent inter-state council
• Article 356 should be used sparingly
• Institution of all-India service should be strengthened
• Residuary power should remain with the parliament
• Reasons should be communicated to the state when
state bills are vetoed by the President
• Centre should have powers to deploy its armed forces,
even without the consent of states. However, it is
desirable that the states should be consulted
• Procedure of consulting the chief minister in
the appointment of the state governor should be
prescribed in the constitution it self
• The Governor should be an eminent person from
outside the State
• Governor should be a detached fi gure without
political links or should not have taken part in politics
in the recent past
• Governors should be allowed to complete their term
of five years
• Commissioner for linguistic minorities should be
activated
#6. Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
Emergency Provisions are included in part XVIII from articles 352 to 360 in the Constitution for dealing with extraordinary situations that may threaten the peace, security, stability and governance of the country or a part thereof. According to the Constitution it is the duty of the Union Government to ensure that governance of a State is carried on in accordance with the provisions of the Constitution. Under Article 356, the President may issue a proclamation to impose emergency in a state if he is satisfied on receipt of a report from the Governor of the concerned State, or otherwise, that a situation has arisen under which the administration of the state cannot be carried on according to the provisions of the constitution.
In such a situation, proclamation of emergency by the President is on account of the failure (or breakdown) of constitutional machinery. Thus, it is known as “President’s Rule” or “State Emergency” or “Constitutional Emergency”. Effects of Imposition of President’s Rule in a state
– The President can assume to himself all or any of the functions of the state government or he may vest all or any of those functions with the Governor or any other executive authority.
– The President may dissolve the State Legislative Assembly or put it under suspension. He may authorize the Parliament to make laws on behalf of the state Legislature. (Hence, option b is correct)
– The Parliament can delegate the power to make laws for the state to the President or any other body specified by him when the state legislature is suspended or dissolved.
#7. Which one of the following best defines the term ‘State’?
State is “a community of persons permanently occupying a defi nite portion of territory, independent of external control, and possessing an organized government” According to Max Weber, a State is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory.
The state possesses a government which has the authority to enforce a system of rules over the people living inside it. That system of rules is commonly composed of a constitution, statutes, regulations, and common law. It is independent of external control.
Its mains functions can be maintaining law, order and stability, resolving various kinds of disputes through the legal system, providing common defence. It also looks out for the welfare of the population in ways that are beyond the means of the individual, such as implementing public health measures, providing mass education and underwriting expensive medical research.
#8. Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?
The Separation of powers between the legislature, the executive and the judiciary constitute an important safeguard of liberty in a liberal democracy. The doctrine of Separation of powers entails the division of the legislative, executive, and judicial functions of government among different organs. This separation minimizes the possibility of arbitrary excesses by the government, since all the three organs act as check and balance on the powers of each other. Therefore, none of the three organs can usurp the essential functions of other organs.
This demarcation prevents the concentration of excessive power by any branch of the Government. It thus helps to safeguard the liberty and rights of the people in a democracy.
