Day-566 | Daily MCQs | UPSC Prelims | POLITY

Answer: A
Explanation:
Statement 1 is correct: Article 77(3) of the Constitution of India empowers the President to make rules for two crucial aspects of government functioning:
1. Transaction of Business: The President can determine how the government conducts its internal operations. This includes aspects like:
• Meetings and procedures of the Cabinet: This could involve setting the frequency of meetings, agenda format, voting procedures, and decision-making processes within the Cabinet.
• Communication and coordination between ministries: The President can establish channels for information exchange and collaboration among different government departments.
• Delegation of powers: The President can define the extent to which ministers can make decisions on behalf of the government without requiring Cabinet approval.
2. Allocation of Business: The President can assign specific areas of responsibility to individual ministers. This involves:
• Dividing ministerial portfolios: The President can determine which ministries will handle specific sectors like finance, defense, education, or health.
• Redistribution of portfolios: The President can adjust ministerial responsibilities based on changing priorities or government reorganization.
• Coordination among ministries: The President can establish mechanisms for inter-ministerial collaboration on issues that span multiple portfolios.
Significance of this Article-77 (3): It grants the President significant influence in shaping the government’s internal structure and functioning.
• It ensures efficient and coordinated handling of government business by establishing clear lines of authority and communication.
• It provides flexibility for the government to adapt its structure and responsibilities to changing circumstances.
Statement 2 is incorrect: Article 77(1) of the Constitution states that “All executive action of the Government of India shall be expressed to be taken in the name of the President.” This means that while the Prime Minister and cabinet lead the government and make decisions, all official actions and documents are issued and executed in the President’s name.
Statement 3 is incorrect: The statement is partially correct; while Article 143 of the Indian Constitution empowers the President to seek the Supreme Court’s opinion, it encompasses more than just matters related to a fact of public importance. It actually covers two categories i.e. question of law or fact of public importance: This includes any legal or factual issue that has arisen or is likely to arise and significantly impacts the public interest. It could involve interpretations of the Constitution, disputes regarding treaties, or complex policy matters. However, it’s important to note that the Supreme Court’s opinion under Article 143 is purely advisory, meaning it’s not legally binding on the President.

Answer: B
Explanation:
Statement 1 is correct: Article 32 of the Constitution of India guarantees the right to constitutional remedies, empowering individuals to approach the Supreme Court for the enforcement of their fundamental rights. Often referred to as the “heart and soul” of the Indian Constitution. It grants citizens the right to move the Supreme Court directly if they believe their fundamental rights have been violated by any executive action or legislative provision. This right plays a crucial role in upholding the rule of law and ensuring justice for all.
Statement 2 is correct: The Indian Constitution recognizes the importance of education through Article 21A (Right to Education) and Article 45 (Directive Principles). The Right to Education is explicitly listed as a fundamental right. Also, the Right to Education Act, 2009, enacted by the Parliament, makes elementary education (6-14 years) a fundamental right for all children.
Statement 3 is incorrect: While fundamental rights are essential safeguards, they are not absolute. The Constitution empowers the government to impose reasonable restrictions on certain rights under specific circumstances for the greater good of society.
For example, freedom of speech and expression can be limited in the interest of national security, public order, or morality (Article 19(2) of the Constitution of India).

Answer: C
Explanation: While there’s no single specific law defining the Chief Justice of India’s (CJI) power to allocate cases to benches in the Supreme Court, their authority stems from a combination of factors:
1. The Constitution of India:
• Article 145 of the Constitution empowers the Supreme Court to make rules for regulating its practice and procedure. This broad power lays the foundation for the Court’s own internal rules guiding case allocation.
2. The Supreme Court Rules, 2013:
• These rules, formulated by the Court itself under Article 145 of the Constitution of India, explicitly recognize the CJI as the “Master of the Roster.” They establish the framework for bench formation, case allocation, and listing orders, but leave some discretion to the CJI.
3. Conventions and Established Practices:
• Over time, the Court has developed specific conventions and practices regarding case allocation, often based on past precedents and judges’ expertise.
4. Judicial Independence:
• The independence of the judiciary, a fundamental principle in India, grants the CJI significant authority regarding internal court matters. This includes freedom to determine case allocation procedures as long as they adhere to the broader constitutional and legal framework.
Therefore, the CJI’s power to allocate cases arises from a confluence of constitutional provision, self-made rules,established practices, and judicial independence. This framework balances flexibility with accountability, allowing the CJI to tailor case allocation while ensuring adherence to broader legal principles.

Answer: A
Explanation:
Statement 1 is incorrect: As per Entry 97 of the Union list, Seventh Schedule, the residual power of legislation lies with the Union legislature and the state legislatures have no power over them.
Entry 97: Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists.
The Seventh Schedule is constituted under Article 246 of the Constitution of India:
• Article 246 deals with the distribution of legislative powers between the Union (central government) and the States.It divides subjects into three lists:Union List, State List and Concurrent List.
• The Seventh Schedule provides a detailed breakdown of specific areas under each list, defining the scope of legislative powers for both the Union and the States.
• This division enables both levels of government to function effectively within their respective jurisdictions.
Statement 2 is incorrect: Amending the Seventh Schedule requires a special majority in both houses of Parliament, and consent of atleast half of the states by simple majority.
Statement 3 is correct: Recommendations of the Sarkaria Commission:
• It recommended that the residuary powers of legislation in regard to taxation matters should remain exclusively in the competence of Parliament while the residuary field other than that of taxation should be placed on the concurrent list.
• To ensure uniformity on the basic issues of national policy, with respect to the subject of a proposed legislation, consultations may be carried out with the state governments individually and collectively at the forum of the proposed Inter-Governmental Council. It was not recommended that the consultation be a constitutional obligation.
• Ordinarily, the Union should occupy only that much field of a concurrent subject on which uniformity of policy and action is essential in the larger interest of the nation, leaving the rest and details for state action.
• On administrative relations, Sarkaria made the following observation: “Federalism is more a functional arrangement for cooperative action, than a static institutional concept. Article 258 (power of the Union to confer powers etc on states in certain cases) provides a tool by the liberal use of which cooperative federalism can be substantially realised in the working of the system. A more generous use of this tool should be made than has hitherto been done, for progressive decentralisation of powers to the governments of the states.”
• On Article 356, it was recommended that it be used “very sparingly, in extreme cases, as a measure of last resort, when all other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state.

Answer: A
Explanation:
Statement 1 is correct: The Lokpal’s jurisdiction in investigating corruption matters is primarily defined by the Lokpal and Lokayuktas Act, 2013, and indeed, its core authority focuses on offenses covered by the Prevention of Corruption Act, 1988 (PCA). This means the Lokpal can investigate public servants accused of offenses like bribery, taking undue advantage to obtain gratification, and misconduct in public office as outlined in the PCA.
Statement 2 is incorrect: A per Section 8 of the Act, a member can be appointed as the Chairperson. But he or she shall be eligible to be appointed as the Chairperson, if his total tenure as Member and Chairperson does not exceed five years. It means where amember is appointed as the Chairperson, his/her term of office will not be more than five years in aggregate as the Member and the Chairperson.
Statement 3 is incorrect: Although the Lokpal can investigate the corruption complaints against private individuals, the consent of the full bench of the Lokpal is not needed. In certain circumstances, even the private persons will be deemed to be pubic servants for the purposes of initiating inquiry and investigation. For example, as per Section 14 of the Lokpal and Lokayuktas Act, 2013, a person who is a director or other office bearer of a trust/society etc will be deemed to be a public servant. This is based on the condition that if such an organisation receives a donation of 10 Lakh in a year from a foreign source under FCRA, 2010.
Section 14:any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may specify; shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988.