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Indian Politics Questions and Answers

602.

The Attorney General of India is appointed by

Answer: C

Correct answer: The President

The Attorney General is appointed by the President under Article 76, and must be qualified to be a judge of the Supreme Court. The office holds during the President’s pleasure, so there is no fixed term. The Attorney General is the first law officer of the Government of India, advises the government on legal matters, appears for it in the Supreme Court and in any High Court where it is concerned, and has a right of audience in all courts. The office carries an unusual parliamentary position: the Attorney General may speak in and take part in the proceedings of either House and of any parliamentary committee, but may not vote. Unlike the Advocate General of a state or a government servant, the Attorney General is not a full-time salaried officer and may take private practice, though not against the government. The Solicitor General and Additional Solicitors General assist, but only the Attorney General is a constitutional office.

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603.

The Special officer for Scheduled Castes and Scheduled Tribes is appointed by the 

Answer: B

The Special Officer for Scheduled Castes and Scheduled Tribes is appointed by the president, under Article 338 as it originally stood.

The 65th Amendment of 1990 replaced the single officer with a multi-member National Commission for Scheduled Castes and Scheduled Tribes, later split into two separate commissions in 2003.

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604.

Which Article of the Constitution of India accords Special status to the state of Jammu and Kashmir?

Answer: D

Article 370 accorded special status to Jammu and Kashmir.

It limited Parliament's power to legislate for the state to defence, external affairs and communications, and let the state have its own constitution. Its operation was ended by a presidential order in August 2019, and the state was reorganised into two Union Territories.

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Answer: A

Correct answer: A simple majority of members present and voting

A bill at a joint sitting is passed by a simple majority of the total number of members of both Houses present and voting. Because the Lok Sabha has 543 members against the Rajya Sabha’s 245, the numbers strongly favour the lower House, which is the point of the mechanism: it resolves a deadlock in favour of the chamber that carries the popular mandate. The joint sitting is summoned by the President under Article 108 where an ordinary bill has been rejected by the other House, or the Houses disagree on amendments, or six months pass without the other House disposing of it. The Speaker of the Lok Sabha presides, not the Vice President. Only amendments that became necessary because of the delay, or that the presiding officer allows, may be moved - the sitting is not an occasion to reopen the bill. It is unavailable for money bills and for constitutional amendment bills. It has been used three times, most recently for the Prevention of Terrorism Bill in 2002.

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606.

The Supreme Court’s advisory jurisdiction, under which the President may refer a question of law to it, is provided by

Answer: A

Correct answer: Article 143

Article 143 allows the President to refer to the Supreme Court any question of law or fact of public importance that has arisen or is likely to arise, and to seek the Court’s opinion on it. Two features distinguish it. The opinion is advisory and not binding on the President; and the Court is not obliged to give one, and may decline - as it did in 1993 on the Ayodhya reference. Where the reference concerns a dispute arising out of a pre-Constitution treaty with a princely state, the Court must give its opinion. It has been used sparingly but on significant questions: the Kerala Education Bill in 1958, the Berubari Union in 1960, the Presidential Poll in 1974, the Special Courts Bill in 1978, the Cauvery dispute in 1992, and the 2G spectrum case in 2012. The other articles cover the enforcement of fundamental rights (32), special leave to appeal (136) and the High Courts’ writ jurisdiction (226).

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Answer: C

Correct answer: The British monarch

The Indian President is a nominal or constitutional head of state, whose position is closest to that of the British monarch: the head of state reigns, and the Council of Ministers governs. Article 74 makes ministerial advice binding, so the President exercises almost no independent power. The differences are real but secondary. The Indian President is elected, for a five-year term, and can be impeached; the British monarch is hereditary and holds office for life. But the constitutional function - assenting to legislation, appointing the head of government, acting on advice - is the same. The American President is the opposite case: separately elected, head of state and head of government at once, not answerable to the legislature and unable to be removed by it except through impeachment for specified offences. The residual powers the Indian President does hold are worth knowing: a suspensive veto on ordinary bills, the power to require reconsideration of advice once, and genuine discretion when no party has a clear majority in the Lok Sabha.

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Answer: D

The governor of a state is appointed by the president, under Article 155, and holds office during the president's pleasure.

In practice the appointment is made on the advice of the union council of ministers, which is why the office has often been criticised as an agent of the centre in the state.

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Answer: A

Correct answer: The President, after consultation with the collegium

Under Article 124 judges of the Supreme Court are appointed by the President, who must consult such judges of the Supreme Court and the High Courts as are considered necessary, and must consult the Chief Justice of India for every appointment other than that of the Chief Justice. What that consultation means has been settled by litigation rather than text. In the Three Judges Cases, culminating in 1993 and 1998, the Supreme Court held that consultation means concurrence, and established the collegium - the Chief Justice and the four senior-most judges - whose recommendation is binding on the executive, which may return a name once but must accept it if repeated. Parliament tried to replace this in 2014 with a National Judicial Appointments Commission, but the Supreme Court struck the 99th Amendment down in 2015 as violating judicial independence, part of the basic structure. A judge holds office to the age of 65 and can be removed only by impeachment for proved misbehaviour or incapacity.

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610.

The idea of including the Emergency provisions in the Constitution of india has been borrowed from the_________

Answer: B

The emergency provisions were borrowed from the Weimar Constitution of Germany.

Its Article 48 allowed the president to suspend civil rights and rule by decree, and the Indian provisions for suspending fundamental rights during a proclamation of emergency follow the same design. What that article was used for in 1933 is part of the reason the 44th Amendment tightened India's version.

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