UPSC Essentials : Daily subject-wise quiz | Polity and Governance MCQs on Parliamentary sessions, Money Bill, ECI and more (Week 73)

1. The President appoints the Chief Election Commissioner and all election commissioners.

2. The chief and the other two election commissioners get the same pay and benefits as judges of the High Court.

3. The ECI is empowered to supervise, oversee, and manage elections to municipalities and panchayats.

Select the correct answer using the codes given below:

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 only

(d) 1 and 3 only

Explanation

— The Election Commission of India (ECI) is a permanent, independent, and constitutional authority responsible for conducting free and fair elections in the Union and the States of India.

— The ECI is empowered to supervise, oversee, and manage elections to Parliament, state legislatures, and the offices of President and Vice President of India. Since the ECI does not oversee elections to state-level urban bodies like municipalities and panchayats, there is a separate State Election Commission. Hence, statement 3 is not correct.

— The Chief Election Commissioner and all election commissioners are appointed by the President. The President determines his or her tenure of office and the conditions of service for each commissioner. Hence, statement 1 is correct.

— The chief and the other two election commissioners get the same pay and benefits as judges of the Supreme Court, along with the same authorities. Hence, statement 2 is not correct.

— The President appoints the Election Commissioner and the other Election Commissioners. They serve in that capacity for a certain period of time, not to exceed six years, or until they turn 65. They are on the same level as Indian Supreme Court justices.

Therefore, option (c) is the correct answer.

QUESTION 2

Which of the following provisions comes under the definition of the Money Bill?

1. the imposition, abolition, remission, alteration or regulation of any tax

2. borrowing of money or the giving of any guarantee by the Government of India

3. the custody of the Contingency Fund of India

4. imposition of fines or other pecuniary penalties

5. payment of fees for licences or fees for services rendered

Select the correct answer using the codes given below:

(a) 1, 2 and 4 only

(b) 2, 3 and 5 only

(c) 1, 2, 3, 4 and 5

(d) 1, 2 and 3 only

Explanation

— A Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;

(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

(d) the appropriation of moneys out of the Consolidated Fund of India;

(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

(g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).

— A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

Therefore, option (d) is the correct answer.

(Other Source: Constitution of India)

QUESTION 3

With reference to the parliamentary sessions, consider the following statements:

1. The Constitution specifies that six months should not elapse between two parliamentary sessions.

2. This provision of parliamentary sessions is borrowed by the framers of the Constitution from the Government of India Act of 1919.

Which of the statement(s) given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Explanation

— The government determines the date and duration of parliamentary sessions. The Cabinet Committee on Parliamentary Affairs takes this decision.

— It currently has ten Ministers, including those for Defence, Home, Finance, Agriculture, Tribal Affairs, Parliamentary Affairs, and Information and Broadcasting.

— The Law Minister and the Minister of State for Foreign Affairs have been invited as special guests to the Committee. The decision of the Committee is communicated to the President, who then convenes Members of Parliament for the session.

— The Constitution specifies that six months should not elapse between two parliamentary sessions. Hence, statement 1 is correct.

— This provision is a colonial legacy. The framers of the Constitution borrowed it from the Government of India Act of 1935. It allowed the British Governor General to call a session of the central legislature at his discretion, requiring that the gap between two sessions should not be more than 12 months. Hence, statement 2 is not correct.

Therefore, option (a) is the correct answer.

QUESTION 4

With reference to the amendment to the constitution, consider the following statements:

1. Provisions related to Fundamental Rights can be amended by a simple majority.

2. Provisions related to abolition or creation of legislative councils need the amendment Bill to be passed in both Houses of Parliament by a majority of not less than two thirds of the members present and voting.

Which of the statement(s) given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Explanation

— The Constitution prescribes three different standards for amending different provisions.

Simple majority

— Several provisions of the Constitution can be amended using the same simple legislative procedure used to pass any ordinary legislation in Parliament. This is accomplished by a simple majority of those present and voting. For example, admission or establishment of new states, formation of new states, abolition or creation of legislative council. Hence, statement 2 is not correct.

— Article 368, interestingly, does not directly make a list of such ‘less significant’ provisions. However, such provisions are excluded from the scope of Article 368 throughout the Constitution, creating a separate category.

Special majority

— For amending provisions that do not fall under the first category, Article 368 requires that the amendment Bill is passed in both Houses of Parliament by a majority of not less than two thirds of the members present and voting. For example, Fundamental Rights and Directive Principle of State Policy. Hence, statement 1 is not correct.

— According to Rule 158 of the Lok Sabha Rules, ‘total membership’ refers to the total number of members of the House, regardless of any current vacancies or absentees.

Ratification by states

— A third category of provisions need not just a special majority to be amended, but also require ratification by the legislatures of at least half of the states. Only after the states’ ratification can such an amendment be presented to the President for assent. For example, Election of the President and its manner, distribution of legislative powers between the Union and the States.

Therefore, option (d) is the correct answer.

QUESTION 5

Which of the following articles of the Constitution of India provides for the separation of judiciary from executive?

(a) Article 48

(b) Article 49

(c) Article 50

(d) Article 51

Explanation

— Article 50 of the Constitution of India provides for the separation of judiciary from executive.

— The State shall take steps to separate the judiciary from the executive in the public services of the State.

Therefore, option (c) is the correct answer.

(Source: Constitution of India)

Previous Daily Subject-Wise-Quiz

Daily subject-wise quiz — Polity and Governance (Week 72)

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 72)

Daily subject-wise quiz — Environment, Geography, Science and Technology (Week 72)

Daily subject-wise quiz — Economy (Week 72)

Daily subject-wise quiz – International Relations (Week 72)

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