Day-604 | Daily MCQs | UPSC Prelims | POLITY

Answer: C
Explanation:
Statement 1 is incorrect: Article 35A was added into the Constitution through the Constitution (Application to Jammu and Kashmir) Order 1954. Article 35A empowered the Jammu and Kashmir State Legislature to define the State’s ‘permanent residents’ and their special rights and privileges. It was specially devised to save the State subject laws that had already been defined under the Dogra ruler Maharaja Hari Singh’s regime and notified in 1927 and 1932. Under the 1952 Delhi Agreement between Sheikh Abdullah and Jawaharlal Nehru, several provisions of the Constitution were extended to Jammu and Kashmir through the 1954 Presidential Order. Article 35A, not a part of the original Constitution, was conceived under the 1952 Delhi Agreement entered into by Jammu and Kashmir with India. In other words, it is a byproduct of Article 370 of the Indian Constitution.
Statement 1 is incorrect: Although the 106th CAA, 2023 provided for 33 percent reservation to women in the Lok Sabha and state assemblies including Delhi, it did not include such provisions for Jammu and Kashmir and Puducherry. On December 12, 2023, the Lok Sabha passed two Bills that provide 33% reservation for women in the Jammu and Kashmir and Puducherry Legislative Assemblies. The Jammu & Kashmir Reorganisation (Second Amendment) Act 2023 reserves one-third of all elected seats in the Jammu and Kashmir Legislative Assembly for women. The reservation for women will also apply to the seats reserved for Scheduled Castes and Scheduled Tribes in the J&K Assembly.
The reservation will be effective once the census conducted after the commencement of the Bill has been published. Based on the census, delimitation will be undertaken to reserve seats for women. The reservation will be in place for 15 years. However, it will continue till such date as determined by a law made by Parliament. The Constitution bars delimitation before the first census post 2026. Similarly, the Government of Union Territories (Amendment) Bill 2023 reserves one third of all elected seats in the Puducherry Legislative Assembly for women.
Hence, option C is the correct answer.

Answer: A
Explanation:
Statement 1 is correct: The SC in Article 370 judgment has held that the Parliament has the authority to take actions, legislative or otherwise with irreversible consequences with respect to a state under Presidential rule. The court approved the power of the Parliament to make irreversible and fundamental changes to a state’s polity when it is placed under the President’s rule. The significant executive and legislative alterations concerning Jammu and Kashmir—such as the repeal of its special status, the separation of Ladakh, and its conversion into a Union territory—all transpired during the period of President’s rule.
Statement 2 is incorrect: It is generally held that when Art 355 is imposed in a state, it is followed by imposition of Art 356. But in the case of Manipur, this did not happen. The Manipur CM has told an All Party meeting that Article 355 has been imposed in the state when the violence started. But despite the imposition of Art 355, 356 was not imposed in Manipur. Article 355 of the Constitution says the Centre must protect states against external aggression and internal disturbance to ensure government stability. It allows the Centre to take charge of a state’s law and order enforcement. It is considered a step towards the President’s rule, which gives full control to the President. The fact of the matter is Art 356 is not an immediate and a necessary consequence of 355 imposition.
Statement 3 is incorrect: Art 356 deals with provisions in case of failure of constitutional machinery in States. It says that the President can impose Art 356 on receipt of a report from the Governor of a State or otherwise,. He can do it when he is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
Hence, the answer is A

Answer: B
Explanation:
Features of the Constitution – Countries of Influence
1. Concurrent List – Australia
2. Rule of Law – Britain
3. Suspension of Fundamental Rights during National Emergency – Weimar Republic
4. Joint sitting of two houses – Australia

Answer: A
Explanation:
The Doctrine of Pith and Substance is a legal principle that is used to determine the true nature or purpose of a law, in order to determine which level of government has the authority to enact it. It is a legal doctrine used to determine under which head of power, a piece of legislation falls. Literally Pith means ‘true nature’ and substance means ‘the essential part of something’ as a whole it defines the true nature of the most important part of something. The Doctrine of Pith and Substance comes into picture where the question of separation of powers of legislation arises.
The Doctrine of Pith and Substance is based on the idea that a law should be evaluated based on its substance or purpose, rather than its form or incidental effects. This means that when a court is determining the validity of a law, it will consider the law’s true purpose or subject matter, rather than any incidental effects that it may have. If a law is found to be within the constitutional authority of the enacting government, it will be upheld as valid. If it is found to be outside the constitutional authority of the enacting government, it will be struck down as invalid. In the State of Bombay and Another V. F.N. Balsara 1951, the SC upheld the Doctrine of Pith and Substance and said that it is important to ascertain the true nature and character of a legislation for the purpose of determining the List under which it falls.
Hence, option A is correct.

Answer: A
Explanation:
Art. 19. Protection of certain rights regarding freedom of speech, etc.-
(1) All citizens shall have the right-
(a) to freedom of speech and expression
(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
Incitement to sedition, Anti national activity, and Threat to law and order are not reasonable grounds under Art 19(2). For contempt of court, both the Parliament and the state legislatures have power to make laws. Entry 14 in concurrent list provides for the power to make laws to states in relation to Contempt of Court excluding that of Supreme Court.
Hence, the answer is option A.