Day-580
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Question 1 of 5
1. Question
1. Consider the following statements in the context of the Ethics Committee of the Lok Sabha:
1. The question of the relevance of the evidence for the investigation by the committee is decided by the Speaker only.
2. The rules of evidence under the Evidence Act are not applicable to a probe conducted by the Ethics Committee.
Which one of the statement given above is/are correct?Correct
Answer: C
Explanation:
Statement 1 is correct: If the committee examines a complaint against a member of the House, he can appear before it through an advocate and also cross-examine the complainant and other witnesses on permission by the chair. Findings are arrived at after the analysis of all the evidence made available to the committee.
In the ultimate analysis, the committee takes a view on the basis of common sense. The findings of the committee of Parliament can be said to be on the basis of preponderance of probabilities. The question of the relevance of the evidence of a person or a document is finally decided by the Speaker only, and not according to the Evidence Act.
Statement 2 is correct: The rules of evidence under the Evidence Act are not applicable to a probe by a parliamentary committee including the Ethics Committee. An interesting aspect of the Ethics Committee is that the term ‘unethical conduct’ has not been defined anywhere. It is left entirely to the committee to examine a particular act of conduct and decide whether it is unethical or not.
The Parliament does the investigative work through its committees which function under the Rules of the House. The usual methods are examination of the written documents placed before the committee by the complainant and the witnesses, oral examination of all the relevant witnesses, deposition of experts, if deemed necessary, sifting of the whole volume of evidence placed before the committee, and arriving at findings on the basis of the evidence.
The Ethics Committee of the Lok Sabha
Established in 2000, the committee aims to investigate complaints related to unethical conduct by MPs and recommend appropriate action. This includes instances like misuse of power, financial irregularities, corruption, breach of privilege, and conduct unbecoming of an MP.
• Comprises 15 members, appointed by the Lok Sabha Speaker for a one-year term.
• Members represent various political parties, ensuring diverse perspectives and impartiality.
• It examines each complaint thoroughly, summoning witnesses and gathering evidence.
• If allegations are substantiated, the committee can recommend various actions, including:
o Expulsion from the House
o Suspension of membership
o Recommendation for further investigation by law enforcement agenciesIncorrect
Answer: C
Explanation:
Statement 1 is correct: If the committee examines a complaint against a member of the House, he can appear before it through an advocate and also cross-examine the complainant and other witnesses on permission by the chair. Findings are arrived at after the analysis of all the evidence made available to the committee.
In the ultimate analysis, the committee takes a view on the basis of common sense. The findings of the committee of Parliament can be said to be on the basis of preponderance of probabilities. The question of the relevance of the evidence of a person or a document is finally decided by the Speaker only, and not according to the Evidence Act.
Statement 2 is correct: The rules of evidence under the Evidence Act are not applicable to a probe by a parliamentary committee including the Ethics Committee. An interesting aspect of the Ethics Committee is that the term ‘unethical conduct’ has not been defined anywhere. It is left entirely to the committee to examine a particular act of conduct and decide whether it is unethical or not.
The Parliament does the investigative work through its committees which function under the Rules of the House. The usual methods are examination of the written documents placed before the committee by the complainant and the witnesses, oral examination of all the relevant witnesses, deposition of experts, if deemed necessary, sifting of the whole volume of evidence placed before the committee, and arriving at findings on the basis of the evidence.
The Ethics Committee of the Lok Sabha
Established in 2000, the committee aims to investigate complaints related to unethical conduct by MPs and recommend appropriate action. This includes instances like misuse of power, financial irregularities, corruption, breach of privilege, and conduct unbecoming of an MP.
• Comprises 15 members, appointed by the Lok Sabha Speaker for a one-year term.
• Members represent various political parties, ensuring diverse perspectives and impartiality.
• It examines each complaint thoroughly, summoning witnesses and gathering evidence.
• If allegations are substantiated, the committee can recommend various actions, including:
o Expulsion from the House
o Suspension of membership
o Recommendation for further investigation by law enforcement agencies -
Question 2 of 5
2. Question
2. Consider the following statements:
1. The 7th Constitutional Amendment Act abolished the classification of states based on four categories.
2. Right to form cooperative societies is a fundamental right given through the 97th Constitutional Amendment Act.
3. The Parliament was deprived of its special powers to make laws to deal with the anti-national activities through the 44th Constitutional Amendment Act.
How many of the statements given above are correct?Correct
Answer: B
Explanation:
Statement 1 is correct: The 7th Constitutional Amendment Act abolished the then-existing classification of states into four categories i.e., Part A, Part B, Part C and Part D states, and reorganized them into 14 states and 6 union territories. By virtue of the 7th Constitutional Amendment Act, the distinction between Part-A and Part-B states was done away with and Part-C states were abolished.
Statement 2 is correct: The 97th Constitutional Amendment Act provided for the fundamental right to form cooperative societies.
• It included a new Directive Principle of State Policy on the promotion of cooperative societies (Article 43B).
• It added a new Part IX-B in the constitution, which is entitled “The Cooperative Societies” (Article 243-ZH to 243-ZT).
Statement 3 is incorrect: The 43rd Constitutional Amendment Act deprived the Parliament of its special powers to make laws to deal with anti-national activities.
• Restored the powers of the judiciary: The act repealed articles inserted by the 42nd Amendment that restricted the Supreme Court and High Courts’ power of judicial review and issuance of writs. This aimed to safeguard individual rights and ensure judicial oversight over the government.
• Limited Parliament’s power on “anti-national activities”: Article 31D gave Parliament sweeping powers to define and enact laws against “anti-national activities.” The 43rd Amendment repealed this article, arguing that such broad powers could be misused.
• Repealed supremacy of Directive Principles over Fundamental Rights: The 42nd Amendment declared Directive Principles, which are Aspirational goals for the government, to be superior to Fundamental Rights, which guarantee basic human rights. The 43rd Amendment restored the primacy of Fundamental Rights.Incorrect
Answer: B
Explanation:
Statement 1 is correct: The 7th Constitutional Amendment Act abolished the then-existing classification of states into four categories i.e., Part A, Part B, Part C and Part D states, and reorganized them into 14 states and 6 union territories. By virtue of the 7th Constitutional Amendment Act, the distinction between Part-A and Part-B states was done away with and Part-C states were abolished.
Statement 2 is correct: The 97th Constitutional Amendment Act provided for the fundamental right to form cooperative societies.
• It included a new Directive Principle of State Policy on the promotion of cooperative societies (Article 43B).
• It added a new Part IX-B in the constitution, which is entitled “The Cooperative Societies” (Article 243-ZH to 243-ZT).
Statement 3 is incorrect: The 43rd Constitutional Amendment Act deprived the Parliament of its special powers to make laws to deal with anti-national activities.
• Restored the powers of the judiciary: The act repealed articles inserted by the 42nd Amendment that restricted the Supreme Court and High Courts’ power of judicial review and issuance of writs. This aimed to safeguard individual rights and ensure judicial oversight over the government.
• Limited Parliament’s power on “anti-national activities”: Article 31D gave Parliament sweeping powers to define and enact laws against “anti-national activities.” The 43rd Amendment repealed this article, arguing that such broad powers could be misused.
• Repealed supremacy of Directive Principles over Fundamental Rights: The 42nd Amendment declared Directive Principles, which are Aspirational goals for the government, to be superior to Fundamental Rights, which guarantee basic human rights. The 43rd Amendment restored the primacy of Fundamental Rights. -
Question 3 of 5
3. Question
3. Consider the following statements about the Doctrine of Harmonious Construction:
1. It allows the courts to interpret the provisions of a statute to achieve harmony.
2. It only applies to the statutes and not to the Indian Constitution.
3. The provision of one section can never be used to overthrow the provision covered in another section of the same statute.
How many of the statements given above are correct?Correct
Answer: A
Explanation:
Statement 1 is correct: The Doctrine of Harmonious Construction is a fundamental principle of statutory interpretation in India. This doctrine states that when interpreting a statute, courts should read it as a whole and interpret seemingly conflicting provisions in a way that makes them consistent and avoids internal contradictions. The aim is to give effect to all provisions of the statute and uphold the legislative intent. The Doctrine of Harmonious Construction does not allow courts to rewrite or ignore provisions of a statute to achieve harmony. While courts can interpret provisions liberally to achieve internal consistency, they cannot override the plain meaning of the text or rewrite provisions. They must still give effect to the actual words chosen by the legislature.
Statement 2 is incorrect: The Doctrine of Harmonious Construction applies to statutes and to the Indian Constitution. The doctrine can be applied to interpret any legal document, including the Constitution. For example, it has been used to reconcile potential conflicts between different fundamental rights and Directive Principles.
Statement 3 is incorrect: Commissioner of Income Tax v. M/S Hindustan Bulk Carriers (2000) is a landmark case where the Supreme Court laid down principles that govern the rule of harmonious construction. The court held that the provision of one section cannot be used to overthrow the provision covered in another section unless the court is unable to find a way to settle their differences despite all its effort.Incorrect
Answer: A
Explanation:
Statement 1 is correct: The Doctrine of Harmonious Construction is a fundamental principle of statutory interpretation in India. This doctrine states that when interpreting a statute, courts should read it as a whole and interpret seemingly conflicting provisions in a way that makes them consistent and avoids internal contradictions. The aim is to give effect to all provisions of the statute and uphold the legislative intent. The Doctrine of Harmonious Construction does not allow courts to rewrite or ignore provisions of a statute to achieve harmony. While courts can interpret provisions liberally to achieve internal consistency, they cannot override the plain meaning of the text or rewrite provisions. They must still give effect to the actual words chosen by the legislature.
Statement 2 is incorrect: The Doctrine of Harmonious Construction applies to statutes and to the Indian Constitution. The doctrine can be applied to interpret any legal document, including the Constitution. For example, it has been used to reconcile potential conflicts between different fundamental rights and Directive Principles.
Statement 3 is incorrect: Commissioner of Income Tax v. M/S Hindustan Bulk Carriers (2000) is a landmark case where the Supreme Court laid down principles that govern the rule of harmonious construction. The court held that the provision of one section cannot be used to overthrow the provision covered in another section unless the court is unable to find a way to settle their differences despite all its effort. -
Question 4 of 5
4. Question
4. In the Indian context, consider the following statements about the bye-elections:
1. The Representation of the Peoples Act, 1951 empowers the Election Commission of India (ECI) to fill casual vacancies in the Lok Sabha within three months of their occurrence.
2. The ECI in consultation with the President can certify that it is difficult to hold the bye-election to a legislative assembly within six months.
Which of the above given statements is/are correct?Correct
Answer: D
Explanation:
Statement 1 is incorrect: Section 151A of the Representation of the People Act, 1951 mandates the Election Commission of India (ECI) to fill casual vacancies in the Houses of Parliament and State Legislatures through bye-elections within six months from the occurrence of the vacancy, provided the remaining term of the member is one year or more.
Statement 2 is incorrect: Section 151A(b) of the Representation of the People Act, 1951 specifies that the Election Commission in consultation with the Central Government can certify that it is difficult to hold the bye-election within the said period. With such certification the bye-elections can be deterred beyond the limit of six months.Incorrect
Answer: D
Explanation:
Statement 1 is incorrect: Section 151A of the Representation of the People Act, 1951 mandates the Election Commission of India (ECI) to fill casual vacancies in the Houses of Parliament and State Legislatures through bye-elections within six months from the occurrence of the vacancy, provided the remaining term of the member is one year or more.
Statement 2 is incorrect: Section 151A(b) of the Representation of the People Act, 1951 specifies that the Election Commission in consultation with the Central Government can certify that it is difficult to hold the bye-election within the said period. With such certification the bye-elections can be deterred beyond the limit of six months. -
Question 5 of 5
5. Question
5. Consider the following pairs:
List-I – List-II
1. Establishment of Supreme Court – Pitt’s India Act, 1784
2. Open competition for the selection of civil servants – Charter Act, 1833
3. Separation of legislative and executive functions – Charter Act, 1853
How many of the pairs given above are incorrectly matched?Correct
Answer: B
Explanation: Refer to the list of correctly matched pairs given below.
List-I – List-II
1. Establishment of Supreme Court – Regulating Act, 1773
2. Open competition for selection of civil servants – Charter Act, 1853
3. Separation of legislative and executive functions – Charter Act, 1853The Regulating Act of 1773
• Establishment of a Governor-General and Supreme Council:
o Warren Hastings, Governor of Bengal, was elevated to Governor-General of India, overseeing Bengal, Madras, and Bombay presidencies.
o A four-member Executive Council was created to advise and assist the Governor-General.
o Private trade and acceptance of gifts or bribes by company officials were prohibited.
o Established a Supreme Court in Calcutta.
o Strengthened the control of the British Government over the company.
Charter Act of 1833
• Office of Governor General: The Governor-General of Bengal became the Governor-General of India with exclusive legislative powers. The presidencies of Bombay and Madras were deprived of their legislative powers. The Governor-General of India was given civil and military powers. The First Governor-General of India was Lord William Bentick.
• Administrative Body (EIC): The activities of East India Company as a commercial body came to an end. The company purely became an administrative body. The company’s territories in India were to be held by it “in trust for his Majesty, his heirs and successors”.
• Attempt to Open Civil Services: The act attempted to introduce a system of open competition for selection in Civil Services. It stated that Indians should not be debarred from holding any place, office and employment under the company. It was nullified after opposition from the Court of Directors. The concept of a merit based modern Civil Service in India was introduced on the recommendations of Lord Macaulay’s Report in 1854.
The Charter Act of 1853:
• Separation of Powers: The act introduced a separation of powers within the Governor-General’s Council. A new Legislative Council with six additional members was formed, focusing solely on lawmaking, while the remaining council members handled executive functions. This marked a step towards a more centralized legislative body in India.
• Limited Indian Representation: For the first time, the Legislative Council included four Indians as non-voting members, representing Bengal, Madras, Bombay, and the North-Western Provinces. However, their role was purely advisory, and the council remained largely dominated by British officials.
• Open Competition for Civil Services: The Act paved the way for open competition for the Indian Civil Service (ICS) through examinations in Britain. While not yet fully implemented, this laid the groundwork for a more meritocratic system of recruitment, eventually impacting the composition of the colonial bureaucracy.Incorrect
Answer: B
Explanation: Refer to the list of correctly matched pairs given below.
List-I – List-II
1. Establishment of Supreme Court – Regulating Act, 1773
2. Open competition for selection of civil servants – Charter Act, 1853
3. Separation of legislative and executive functions – Charter Act, 1853The Regulating Act of 1773
• Establishment of a Governor-General and Supreme Council:
o Warren Hastings, Governor of Bengal, was elevated to Governor-General of India, overseeing Bengal, Madras, and Bombay presidencies.
o A four-member Executive Council was created to advise and assist the Governor-General.
o Private trade and acceptance of gifts or bribes by company officials were prohibited.
o Established a Supreme Court in Calcutta.
o Strengthened the control of the British Government over the company.
Charter Act of 1833
• Office of Governor General: The Governor-General of Bengal became the Governor-General of India with exclusive legislative powers. The presidencies of Bombay and Madras were deprived of their legislative powers. The Governor-General of India was given civil and military powers. The First Governor-General of India was Lord William Bentick.
• Administrative Body (EIC): The activities of East India Company as a commercial body came to an end. The company purely became an administrative body. The company’s territories in India were to be held by it “in trust for his Majesty, his heirs and successors”.
• Attempt to Open Civil Services: The act attempted to introduce a system of open competition for selection in Civil Services. It stated that Indians should not be debarred from holding any place, office and employment under the company. It was nullified after opposition from the Court of Directors. The concept of a merit based modern Civil Service in India was introduced on the recommendations of Lord Macaulay’s Report in 1854.
The Charter Act of 1853:
• Separation of Powers: The act introduced a separation of powers within the Governor-General’s Council. A new Legislative Council with six additional members was formed, focusing solely on lawmaking, while the remaining council members handled executive functions. This marked a step towards a more centralized legislative body in India.
• Limited Indian Representation: For the first time, the Legislative Council included four Indians as non-voting members, representing Bengal, Madras, Bombay, and the North-Western Provinces. However, their role was purely advisory, and the council remained largely dominated by British officials.
• Open Competition for Civil Services: The Act paved the way for open competition for the Indian Civil Service (ICS) through examinations in Britain. While not yet fully implemented, this laid the groundwork for a more meritocratic system of recruitment, eventually impacting the composition of the colonial bureaucracy.
