Day-411
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Question 1 of 5
1. Question
2 points1. Consider the following statements about the Election Commission of India:
1. The Chief Election Commissioner is appointed by the President as per the provisions of the Allocation of Business Rules, 1961.
2. The procedure for the removal of an Election Commissioner is equivalent to that of a judge of the Supreme Court.
Which of the statements given above is/are correct?Correct
Answer: D
Explanation:
● Statements 1 and 2 are incorrect: As per Article 324, the appointment of the Chief Election Commissioner and other Election Commissioners is done by the President subject to the provisions of any law made in that behalf by Parliament. As on date, no such law has been made by the Parliament. The current appointment process is regulated as per the Transaction of Business Rules 1961 under which the Prime Minister advises the President regarding the appointment and the President appoints the Election Commissioners including the Chief Election Commissioner.
● The Chief Election Commissioner enjoys security of tenure as the removal procedure is mentioned in the Constitution. The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court. However, the Election Commissioners do not enjoy the security of tenure and they can be removed by the President based on the recommendation of the CEC.
Hence. option D is the correct answer.Incorrect
Answer: D
Explanation:
● Statements 1 and 2 are incorrect: As per Article 324, the appointment of the Chief Election Commissioner and other Election Commissioners is done by the President subject to the provisions of any law made in that behalf by Parliament. As on date, no such law has been made by the Parliament. The current appointment process is regulated as per the Transaction of Business Rules 1961 under which the Prime Minister advises the President regarding the appointment and the President appoints the Election Commissioners including the Chief Election Commissioner.
● The Chief Election Commissioner enjoys security of tenure as the removal procedure is mentioned in the Constitution. The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court. However, the Election Commissioners do not enjoy the security of tenure and they can be removed by the President based on the recommendation of the CEC.
Hence. option D is the correct answer. -
Question 2 of 5
2. Question
2 points2. The most appropriate feature of the term “Rule of Law “in the contemporary context is:
Correct
Answer: C
Explanation:
● The concept of Rule of Law has been given by Dicey in the 19th century. But the classical conceptualisation Rule of Law has undergone changes, and hence in the contemporary times, the Rule of Law includes provisions of discretionary power to the officials but within the four corners of law. It also provides scope for delegated legislation. A striking feature of the modern conception Rule of Law is that it provides for reasonable classification. It means that there can be discrimination between groups on the basis of intelligible differentials. In the Indian context the Article 14 of the Constitution has been interpreted by the supreme court as providing for reasonable classification. This reasonable classification is the basis for carrying out affirmative action programs including reservation to the vulnerable sections of the Indian society.
Hence, option C is the correct answer.Incorrect
Answer: C
Explanation:
● The concept of Rule of Law has been given by Dicey in the 19th century. But the classical conceptualisation Rule of Law has undergone changes, and hence in the contemporary times, the Rule of Law includes provisions of discretionary power to the officials but within the four corners of law. It also provides scope for delegated legislation. A striking feature of the modern conception Rule of Law is that it provides for reasonable classification. It means that there can be discrimination between groups on the basis of intelligible differentials. In the Indian context the Article 14 of the Constitution has been interpreted by the supreme court as providing for reasonable classification. This reasonable classification is the basis for carrying out affirmative action programs including reservation to the vulnerable sections of the Indian society.
Hence, option C is the correct answer. -
Question 3 of 5
3. Question
2 points3. Which of the following statements is/are incorrect about the National Emergency as provided in the Constitution?
1. The Parliament is empowered to pass a resolution for the revocation of the National Emergency.
2. The President revokes the National Emergency on the basis of written advice from the Union Cabinet.
Select the correct answer using the code given below:Correct
Answer: C
Explanation:
● Both statements 1 and 2 are incorrect: Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. A proclamation of national emergency may be applicable to the entire country or only a part of it. The President can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister. The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.
● The proclamation of emergency must be approved by both the Houses of Parliament within one month from the date of its issue. To impose the national emergency, the approval of the Lok Sabha is not needed. Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act of 1978. A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval. Further, the President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation. Again, this safeguard was introduced by the 44th Amendment Act of 1978. Before the amendment, a proclamation could be revoked by the President on his own and the Lok Sabha had no control in this regard.
Hence the answer is option C.Incorrect
Answer: C
Explanation:
● Both statements 1 and 2 are incorrect: Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. A proclamation of national emergency may be applicable to the entire country or only a part of it. The President can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the prime minister. The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone taking a decision in this regard.
● The proclamation of emergency must be approved by both the Houses of Parliament within one month from the date of its issue. To impose the national emergency, the approval of the Lok Sabha is not needed. Originally, the period allowed for approval by the Parliament was two months, but was reduced by the 44th Amendment Act of 1978. A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval. Further, the President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation. Again, this safeguard was introduced by the 44th Amendment Act of 1978. Before the amendment, a proclamation could be revoked by the President on his own and the Lok Sabha had no control in this regard.
Hence the answer is option C. -
Question 4 of 5
4. Question
2 points4. Consider the following pairs:
Name of the Export Control Regimes/Committees – Related Subject Matter
1. Australia Group – Biological and Chemical Weapons
2. Wassenaar Arrangement – Dual-Use Weapons
3. Hague Code of Conduct – Limitations on Unmanned Aerial Vehicles
4. Zangger Committee – Non-proliferation of Nuclear Weapons
How many pairs given above are correctly matched?Correct
Answer: C
Explanation:
Name of the Export Control Regime/Committee – Related Subject Matter
1. Australia Group – Biological and Chemical Weapons
2. Wassenaar Arrangement – Dual-Use Weapons
3. Hague Code of Conduct – Limitations on Ballistic Missiles
4. Zangger Committee – Non-proliferation of Nuclear Weapons.Incorrect
Answer: C
Explanation:
Name of the Export Control Regime/Committee – Related Subject Matter
1. Australia Group – Biological and Chemical Weapons
2. Wassenaar Arrangement – Dual-Use Weapons
3. Hague Code of Conduct – Limitations on Ballistic Missiles
4. Zangger Committee – Non-proliferation of Nuclear Weapons. -
Question 5 of 5
5. Question
2 points5. Consider the following statements:
1. While the President has both constitutional and statutory clemency power, the Governor has only constitutional clemency power.
2. The power to grant remission of a sentence under the Criminal Procedure Code within a state lies with the Governor of that state.
Which of the statements given above is/are correct?Correct
Answer: D
Explanation:
● Statements 1 and 2 are incorrect: The President and the Governor have only the Constitutional clemency power as provided under Article 72 and 161, respectively. Statutory clemency is the clemency power provided under the CrPC Section 432 and is exercised by the Central or the State Government as the case may be. Hence, both statements are incorrect.
● Section 432 in the Code of Criminal Procedure, 1973: Power to suspend or remit sentences: When any person has been sentenced to punishment for an offence, the appropriate government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. The appropriate government can be either the Central or State government depending upon under which laws the person is convicted.Incorrect
Answer: D
Explanation:
● Statements 1 and 2 are incorrect: The President and the Governor have only the Constitutional clemency power as provided under Article 72 and 161, respectively. Statutory clemency is the clemency power provided under the CrPC Section 432 and is exercised by the Central or the State Government as the case may be. Hence, both statements are incorrect.
● Section 432 in the Code of Criminal Procedure, 1973: Power to suspend or remit sentences: When any person has been sentenced to punishment for an offence, the appropriate government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. The appropriate government can be either the Central or State government depending upon under which laws the person is convicted.
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