27 November 2023

Q1. Which of the following factors limit the sovereignty of Indian Parliament:

• Written Nature of the Constitution
• Federal System of Government
• System of Judicial Review
• Fundamental Rights
• Fundamental Duties

Select the correct answer code:

1. 1, 2, 3, 5
2. 1, 3, 4, 5
3. 1, 2, 3, 4
4. 1, 2, 3, 4, 5

• Solution:

(C)

• The factors that limit the sovereignty of Indian Parliament are:

1. Written Nature of the Constitution:Parliament has to operate within the limits prescribed by the Constitution.
2. Federal System of Government:The law-making authority of the Parliament gets confined to the subjects enumerated in the Union List and Concurrent List and does not extend to the subjects enumerated in the State List (except in five abnormal circumstances and that too for a short period).

• System of Judicial Review:The adoption of an independent Judiciary with the power of judicial review also restricts the supremacy of our Parliament.

1. Fundamental Rights:The authority of the Parliament is also restricted by the incorporation of a code of justiciable fundamental rights under Part III of the Constitution. Fundamental duties does not limit the sovereignty of Indian Parliament.

Q2. Consider the following statements regarding Parliamentary Privileges:

• The Constitution provides Parliamentary privileges to the members of both the houses of parliament and not their committees.
• The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak in the proceedings of a House of Parliament.
• The parliamentary privileges do not extend to the president of India.

Which of the above statements is/are correct:

1. 1, 2
2. 2, 3
3. 2 only
4. 1, 3

• Solution:

(B)

• Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members.
• The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees.
• These include the attorney general of India and Union ministers.
• The parliamentary privileges do not extend to the president who is also an integral part of the Parliament.

Q3. The act created for the first time, a Government of India having authority over the entire territorial area possessed by the British in India:

1. Charter Act of 1833
2. Act of 1891
3. Act of 1909
4. Government of India Act 1935

• Solution:

(A)

• Charter Act of 1833 was the final step towards centralisation in British India.
• It made the Governor-General of Bengal as the Governor-General of India and vested in him all civil and military powers.
• It deprived the governor of Bombay and Madras of their legislative powers.
• It ended the activities of the East India Company as a commercial body, which became a purely administrative body.
• It provided that the company’s territories in India were held by it ‘in trust for His Majesty, His heirs and successors’.

Q4. The “Sovereignty” of India means:

1) No external power can dictate to the government of India.

2) Citizens cannot be discriminated against on any grounds.

3) There is freedom of speech and expression for Indian citizens.

Select the correct answer code:

1. 1, 2
2. 1 only
3. 1, 3
4. 1, 2, 3

• Solution:

(B)

• Sovereignty simply implies that India is a state that takes its own decisions ultimately guided by the people.
• No external agency dictates terms to India.
• However, the notion of sovereignty does not seep into the framework of all democratic rights.
• For e.g. a sovereign state might very well discriminate between its citizens.
• Same applies for freedom of speech and expression.
• A sovereign state may very well restrict freedom of speech, as it is not an absolute right, even though it is vital to a democracy.

Q5. Which of the following statement is not correct:

1. Fundamental Rights are not sacrosanct
2. Fundamental Rights promote the ideal of political democracy
3. The six rights guaranteed by Article 19 can be suspended when the emergency is declared on the grounds of external aggression and armed rebellion
4. Laws made to enforce fundamental rights can be made only by the parliament and not by state legislatures

• Solution:

(C)

• 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)

Q6. The salaries and allowances of the Judges of the High Court are charged to the:

1. Contingency Fund of India
2. Consolidated Fund of India
3. Consolidated Fund of the State
4. Contingency Fund of the State

• Solution:

(C)

• The salaries and allowances of the Judges of the HC are charged to the Consolidated Fund of the state but their pensions are payable as Charged Expenditure /Art 112(3).

Q7. Which of the following comes outside the scope of Article 368:

• Elections to Parliament and state legislatures.
• Rules of procedure in Parliament.
• Supreme Court and high courts.

Select the correct code:

1. 1, 3
2. 2, 3
3. 1, 2
4. 1, 2, 3

• Solution:

(C)

• A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368.
• These include: Elections to Parliament and state legislatures and Rules of procedure in Parliament.
• The provisions related to Supreme Court and high courts can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.

Q8. Which of the following is the competent authority to change the name of any State of India:

1. Governor of the State
2. Concerned State Legislature
3. Union Home Minister
4. Parliament

• Solution:

(D)

• The Constitution authorizes the Parliament to form new states or alter the areas, boundaries or names of the existing states without their consent.

Q9. If the Union Parliament wishes to move a matter from Concurrent List to the Union List, which of these follows:

1. The Rajya Sabha must initiate a constitutional amendment bill.
2. The President must consult the Governors of a majority of States and act according to their advice.
3. The Cabinet must pass an executive fiat to this effect.
4. It must obtain the consent of all State Legislatures for the same.

• Solution:

(A)

• Moving a matter from the Concurrent List to Union List needs an amendment to the constitution.

Q10. When a MP has voted against his political party in the Parliament, which among the following authorities will decide on his disqualification pertaining to anti defection law:

1. Parliamentary Committee on Anti defection
2. President of India
3. Election Commission of India
4. Presiding Officer of that House of the Parliament

• Solution:

(D)

• Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House.