Day-573
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Question 1 of 5
1. Question
1. Consider the following statements about the parliamentary form of government:
1. The Head of Government holds executive power but remains answerable to the legislature in a parliamentary system.
2. The Head of State performs purely ceremonial duties in all parliamentary systems.
3. The Indian parliamentary system works on the basis of the collective responsibility of the cabinet to the legislature.
How many of the above given statements are correct?Correct
Answer: A
Explanation:
Statement 1 is correct: A key feature of the parliamentary system is the fusion of executive and legislative powers. The head of government is chosen from the elected members of the legislature, typically the leader of the party or coalition with the majority of seats. They are accountable to the legislature and can be removed if they lose its confidence through a vote of no confidence. This ensures a close link between the government and the representatives of the people.
Statement 2 is incorrect: While in some parliamentary systems, the head of the state has mainly ceremonial duties, others have different arrangements. Here’s a breakdown with examples:
Countries with a Monarch as Head of State:
• United Kingdom: The King/Queen serves as the head of state but holds mainly symbolic powers. The actual executive power resides with the Prime Minister and cabinet, who are members of the elected House of Commons.
Countries with a President as Head of State:
• Germany: The President plays a more active role than a ceremonial monarch, holding some constitutional powers like appointing judges and dissolving parliament under certain conditions. However, the executive power mainly rests with the Chancellor, who leads the government and is chosen from the legislature.
• India: The President acts as the head of state but the real power lies with the Prime Minister heading the Council of Ministers. Nevertheless, the Indian President is not a symbolic head rather the she is described as a working president having situational discretions.
Statement 3 is incorrect: One of the fundamental postulates of parliamentary democracy is the principle of collective responsibility of the Executive to the popularly elected House. Article 75(3) of the Constitution provides for the collective responsibility of the Council of Ministers( not the cabinet) to the Lok Sabha.Incorrect
Answer: A
Explanation:
Statement 1 is correct: A key feature of the parliamentary system is the fusion of executive and legislative powers. The head of government is chosen from the elected members of the legislature, typically the leader of the party or coalition with the majority of seats. They are accountable to the legislature and can be removed if they lose its confidence through a vote of no confidence. This ensures a close link between the government and the representatives of the people.
Statement 2 is incorrect: While in some parliamentary systems, the head of the state has mainly ceremonial duties, others have different arrangements. Here’s a breakdown with examples:
Countries with a Monarch as Head of State:
• United Kingdom: The King/Queen serves as the head of state but holds mainly symbolic powers. The actual executive power resides with the Prime Minister and cabinet, who are members of the elected House of Commons.
Countries with a President as Head of State:
• Germany: The President plays a more active role than a ceremonial monarch, holding some constitutional powers like appointing judges and dissolving parliament under certain conditions. However, the executive power mainly rests with the Chancellor, who leads the government and is chosen from the legislature.
• India: The President acts as the head of state but the real power lies with the Prime Minister heading the Council of Ministers. Nevertheless, the Indian President is not a symbolic head rather the she is described as a working president having situational discretions.
Statement 3 is incorrect: One of the fundamental postulates of parliamentary democracy is the principle of collective responsibility of the Executive to the popularly elected House. Article 75(3) of the Constitution provides for the collective responsibility of the Council of Ministers( not the cabinet) to the Lok Sabha. -
Question 2 of 5
2. Question
2. Consider the following statements about the Bar Council of India (BCI):
1. It is a statutory body created by the Parliament to regulate and represent the Indian Bar.
2. It prescribes the rules and regulations that advocates need to follow in their professional conduct.
3. Foreign advocates need not register with the BCI when they participate in specific scenarios under the “Fly-in, Fly-out” rule.
How many of the above given statements are correct?Correct
Answer: B
Explanation:
Statement 1 is correct: The Bar Council of India is a statutory body created by the Parliament to regulate and represent the Indian Bar. It performs the regulatory function by prescribing standards of professional conduct and etiquettes and by exercising disciplinary jurisdiction over the Bar. it also sets standards for legal education and grant recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate.
In addition, it also performs certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organise welfare schemes for them.
The Bar Council of India was established by the Parliament under the Advocates Act, 1961. The statutory functions are defined under Section 7 which covers the Bar Council’s regulatory and representative mandate for the legal profession and legal education in India. Hence Statement 2 is correct.
Statement 3 is incorrect: The Bar Council of India (BCI) has established regulations regarding foreign advocates practicing in India. These regulations ensure legal services maintain high standards while respecting international legal cooperation. Here’s a breakdown:
Practice Rights:
• Foreign advocates generally cannot directly practice law in Indian courts.
• However, they can participate in specific scenarios under the “Fly-in, Fly-out” rule:
o Acting as an advisor or consultant on foreign law matters relevant to Indian proceedings.
o Assisting Indian advocates in cases involving foreign law elements with prior permission from the court.
o Participating in arbitration proceedings seated in India with relevant expertise and prior approval.
Qualifications and Registration:
• Foreign advocates must possess qualifications recognized by the BCI, typically equivalent to an Indian law degree.
• They need to register with the BCI through a designated nodal agency, providing necessary documents and fulfilling any additional requirements.
Ethical Considerations:
• Foreign advocates must adhere to the BCI’s Code of Professional Ethics and Conduct, even during limited engagements.
• They are expected to maintain professional courtesy and respect towards Indian legal institutions and authorities.Incorrect
Answer: B
Explanation:
Statement 1 is correct: The Bar Council of India is a statutory body created by the Parliament to regulate and represent the Indian Bar. It performs the regulatory function by prescribing standards of professional conduct and etiquettes and by exercising disciplinary jurisdiction over the Bar. it also sets standards for legal education and grant recognition to Universities whose degree in law will serve as qualification for enrolment as an advocate.
In addition, it also performs certain representative functions by protecting the rights, privileges and interests of advocates and through the creation of funds for providing financial assistance to organise welfare schemes for them.
The Bar Council of India was established by the Parliament under the Advocates Act, 1961. The statutory functions are defined under Section 7 which covers the Bar Council’s regulatory and representative mandate for the legal profession and legal education in India. Hence Statement 2 is correct.
Statement 3 is incorrect: The Bar Council of India (BCI) has established regulations regarding foreign advocates practicing in India. These regulations ensure legal services maintain high standards while respecting international legal cooperation. Here’s a breakdown:
Practice Rights:
• Foreign advocates generally cannot directly practice law in Indian courts.
• However, they can participate in specific scenarios under the “Fly-in, Fly-out” rule:
o Acting as an advisor or consultant on foreign law matters relevant to Indian proceedings.
o Assisting Indian advocates in cases involving foreign law elements with prior permission from the court.
o Participating in arbitration proceedings seated in India with relevant expertise and prior approval.
Qualifications and Registration:
• Foreign advocates must possess qualifications recognized by the BCI, typically equivalent to an Indian law degree.
• They need to register with the BCI through a designated nodal agency, providing necessary documents and fulfilling any additional requirements.
Ethical Considerations:
• Foreign advocates must adhere to the BCI’s Code of Professional Ethics and Conduct, even during limited engagements.
• They are expected to maintain professional courtesy and respect towards Indian legal institutions and authorities. -
Question 3 of 5
3. Question
3. Which of the following statements explains the term “mal apportionment”, recently seen in the news?
Correct
Answer D
Explanation:
Mal apportionment is a term associated with the delimitation process and representative democracy. When the constituencies are not readjusted as per the current population determined by the latest census, then there will be large scale variations in the populations of the constituencies. Some constituencies can have large number of voters while others may have relatively lesser number of voters. This scenario violates the principle of one person, one vote, and one value. That is why, the constitution of India under Article 82 provides for readjustment of constituencies and reallocation of seats after each census. But as of now, this delimitation is frozen till next census after 2026; hence there is a situation of mal apportionment in Indian electoral system.Incorrect
Answer D
Explanation:
Mal apportionment is a term associated with the delimitation process and representative democracy. When the constituencies are not readjusted as per the current population determined by the latest census, then there will be large scale variations in the populations of the constituencies. Some constituencies can have large number of voters while others may have relatively lesser number of voters. This scenario violates the principle of one person, one vote, and one value. That is why, the constitution of India under Article 82 provides for readjustment of constituencies and reallocation of seats after each census. But as of now, this delimitation is frozen till next census after 2026; hence there is a situation of mal apportionment in Indian electoral system. -
Question 4 of 5
4. Question
4. Consider the following:
Statement-I: SEBI has quasi-legislative, quasi-judicial and quasi-executive power to deal with the regulation of capital market in India.
Statement-II: The SEBI Act, 1992 established SEBI as an Independent Regulatory Body for the securities market in India.
Which one of the following is correct in respect of the above statements?Correct
Answer: A
Explanation:
Statement-I is correct: SEBI’s unique character as a “quasi-legislative and quasi-judicial body” grants it powers beyond most regulatory bodies.
1. Quasi-Legislative:
• Drafting regulations: SEBI has the power to create rules and regulations that govern the Indian securities market. These rules cover various aspects, from investor protection norms to listing requirements for companies.
• Impact on market conduct: These regulations set the standards for ethical behavior and fair practices within the market, impacting how all participants operate.
2. Quasi-Judicial:
• Conducting inquiries: SEBI can investigate suspected cases of market misconduct, such as insider trading or fraudulent activities. This involves gathering evidence, questioning witnesses, and conducting analyses.
• Passing rulings: Based on the investigation findings, SEBI can issue rulings that determine whether violations have occurred. These rulings can impose penalties on individuals or entities found guilty.
3. Quasi-Executive: SEBI has the power to implement the regulations and judgments established and to take legal action against anyone who violates the regulations and rules. It also holds the power to inspect the books of accounts and other documents if it suspects the violation of regulations.
Benefits of this hybrid power:
• Flexibility and responsiveness: SEBI’s ability to both make and enforce rules allows it to adapt quickly to changing market dynamics and address emerging issues effectively.
• Deterrence and enforcement: The power to investigate and punish violations acts as a deterrent against misconduct and ensures effective enforcement of regulations.
• Investor protection: The combination of rule-making and enforcement powers strengthens SEBI’s ability to protect the interests of investors and maintain fair market practices.
Statement-II is correct: The Securities and Exchange Board of India (SEBI) was indeed established as a non-statutory body on April 12, 1988, via a resolution of the Government of India. However, its journey didn’t stop there. It later transitioned into a statutory body with formal powers.
• 1988: Established as a non-statutory body through a government resolution.
• 1992: Granted statutory powers with the enactment of the SEBI Act, 1992. This act also formally constituted SEBI as a corporate body.
• Present: SEBI continues to function as a statutory body, playing a crucial role in regulating and developing the Indian securities market.
Before SEBI came into existence, Controller of Capital Issues was the regulatory authority; it derived authority from the Capital Issues (Control) Act, 1947. The SEBI Act empowers it with quasi legislative, quasi executive and quasi judicial powers to regulate the capital markets in India.
Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-IIncorrect
Answer: A
Explanation:
Statement-I is correct: SEBI’s unique character as a “quasi-legislative and quasi-judicial body” grants it powers beyond most regulatory bodies.
1. Quasi-Legislative:
• Drafting regulations: SEBI has the power to create rules and regulations that govern the Indian securities market. These rules cover various aspects, from investor protection norms to listing requirements for companies.
• Impact on market conduct: These regulations set the standards for ethical behavior and fair practices within the market, impacting how all participants operate.
2. Quasi-Judicial:
• Conducting inquiries: SEBI can investigate suspected cases of market misconduct, such as insider trading or fraudulent activities. This involves gathering evidence, questioning witnesses, and conducting analyses.
• Passing rulings: Based on the investigation findings, SEBI can issue rulings that determine whether violations have occurred. These rulings can impose penalties on individuals or entities found guilty.
3. Quasi-Executive: SEBI has the power to implement the regulations and judgments established and to take legal action against anyone who violates the regulations and rules. It also holds the power to inspect the books of accounts and other documents if it suspects the violation of regulations.
Benefits of this hybrid power:
• Flexibility and responsiveness: SEBI’s ability to both make and enforce rules allows it to adapt quickly to changing market dynamics and address emerging issues effectively.
• Deterrence and enforcement: The power to investigate and punish violations acts as a deterrent against misconduct and ensures effective enforcement of regulations.
• Investor protection: The combination of rule-making and enforcement powers strengthens SEBI’s ability to protect the interests of investors and maintain fair market practices.
Statement-II is correct: The Securities and Exchange Board of India (SEBI) was indeed established as a non-statutory body on April 12, 1988, via a resolution of the Government of India. However, its journey didn’t stop there. It later transitioned into a statutory body with formal powers.
• 1988: Established as a non-statutory body through a government resolution.
• 1992: Granted statutory powers with the enactment of the SEBI Act, 1992. This act also formally constituted SEBI as a corporate body.
• Present: SEBI continues to function as a statutory body, playing a crucial role in regulating and developing the Indian securities market.
Before SEBI came into existence, Controller of Capital Issues was the regulatory authority; it derived authority from the Capital Issues (Control) Act, 1947. The SEBI Act empowers it with quasi legislative, quasi executive and quasi judicial powers to regulate the capital markets in India.
Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I -
Question 5 of 5
5. Question
5. Which of the following statements are correct about the Government of India Act, 1858?
1. Abolished the system of dual government.
2. Empowered the viceroy to issue ordinances.
3. Created a new office of the Secretary of State for India
4. Started associating Indians with the law making process.
Select the correct answer from the code given below:Correct
Answer: C
Explanation:
Statement 1 is correct: The Act of 1858 fundamentally restructured the governance of India:
• Abolition of the East India Company: The Company was dissolved, and its territories and administrative functions were transferred directly to the British Crown.
• Direct Crown rule: The Act established a new system of governance under the Crown, with a Secretary of State for India in London and a Viceroy in India accountable to the British Parliament. Hence statement 3 is correct.
• Centralized administration: The Act created a unified system of administration for all of British India, ending the separate presidencies and eliminating the dual power structure.
Statement 2 is incorrect: Indian Councils Act, 1861 empowered the Viceroy to issue ordinances, without the concurrence of the legislative council, during an emergency. The life of such ordinances was six months.
Statement 4 is incorrect: Indian Councils Act, 1861 made the beginning of the representative institutions by associating Indians with the law making process. Viceroy could now nominate Indians as the non-official members of his legislative council.Incorrect
Answer: C
Explanation:
Statement 1 is correct: The Act of 1858 fundamentally restructured the governance of India:
• Abolition of the East India Company: The Company was dissolved, and its territories and administrative functions were transferred directly to the British Crown.
• Direct Crown rule: The Act established a new system of governance under the Crown, with a Secretary of State for India in London and a Viceroy in India accountable to the British Parliament. Hence statement 3 is correct.
• Centralized administration: The Act created a unified system of administration for all of British India, ending the separate presidencies and eliminating the dual power structure.
Statement 2 is incorrect: Indian Councils Act, 1861 empowered the Viceroy to issue ordinances, without the concurrence of the legislative council, during an emergency. The life of such ordinances was six months.
Statement 4 is incorrect: Indian Councils Act, 1861 made the beginning of the representative institutions by associating Indians with the law making process. Viceroy could now nominate Indians as the non-official members of his legislative council.
