Day-611 | Daily MCQs | UPSC Prelims | POLITY

Answer: D
Explanation:
The Constitution of India is interpreted by the judiciary by using all the above tools and instruments. Art 367 explains the meanings of words used in the constitution. It also says that the General Clauses Act, 1897 will also be used for interpretation. The General Clauses Act of 1897 aims to consolidate various provisions for the interpretation of words and legal principles into a single statute. These provisions would otherwise have to be specified separately in many different Acts and regulations. The Act also includes definitions of some words and some general principles of interpretation. It aims to provide general definitions that apply to all Central Acts and Regulations. Another method to know the meaning of words used in the Constitution is to look into the Constituent Assembly debates. Constituent Assembly debates are frequently cited before courts to canvas a particular interpretation of the Constitution. The Supreme Court has referred to the Constituent Assembly debates in important constitutional cases such as A K Gopalan vs. State of Madras, Golak Nath vs. State of Punjab and Kesavananda Bharati vs. State of Kerala.
The courts also use the judicial precedents to understand the meaning of words and phrases employed in the Constitution. The most commonly cited source of constitutional meaning is the Supreme Court’s prior decisions on questions of constitutional law. For most, if not all Justices, judicial precedent provides possible principles, rules, or standards to govern judicial decisions in future cases with arguably similar facts.

Answer: D
Explanation:
Statement 1 is incorrect: The GST Council is a constitutional body responsible for making recommendations on issues related to the implementation of the Goods and Services Tax in India. According to Article 279A, it is the President by order who will constitute the GST Council within 60 days from the commencement of 101st amendment. The GST Council was constituted on 15.09.2016 under Article 279A of the Constitution by the President. The GST Council consists of the Union Finance Minister, the Union Minister of State in charge of Revenue or Finance and the Minister in charge of Finance or Taxation or any other Minister nominated by each State Government.
Statement 2 is incorrect: The dispute resolution mechanism provided under the CGST Act is of an Appellate Tribunal called GSTAT which decides appeals from the decisions of the GST implementation authorities. This is different from the mechanism provided in Art 279A.
As per Art 279A (11),
The Goods and Services Tax Council shall establish a mechanism to
adjudicate any dispute—
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other side; or
(c) between two or more States,
arising out of the recommendations of the Council or implementation thereof.
So, both the statements are incorrect.
Hence, option D is the correct answer.

Answer: A
Explanation:
Article 3 of the Constitution of India deals with the formation of new States and alteration of areas, boundaries or names of existing States. It provides that no Bill for such purpose shall be introduced in either House of Parliament except on the recommendation of the President. It also provides for the reference of the Bill by the President to the Legislature of the concerned state for expressing its views within such period. It means, along with Presidential recommendation, the reference to the concerned assembly, ideally should be mandatory. But in the Article 370 judgment, the SC held that this reference is not mandatory while upholding the carving out of the UT of Ladakh from the then state of J and K. Hence, as the law stands today, reorganization of states inter se, does not require mandatory reference to the concerned state assembly.
Hence, option A is the correct answer.

Answer: B
Explanation:
The Department of Public Enterprises (DPE) is located in the Ministry of Finance. On July 7, 2021, the DPE was moved from the Ministry of Heavy Industries to the Ministry of Finance. The shift of DPE to the Finance Ministry will help in efficient monitoring of the capital expenditure, asset monetisation and financial health of the Central Public Sector Enterprises. The DPE plays an important role in developing policies and guidelines for the functioning and performance of PSUs in India. It oversees the functions of the GoI’s Public Sector Undertakings and advises on their efficient management and control in the functional areas, such as finance, production, organisation and marketing.
The DPE’s functions include:
Monitoring the performance of state-run firms
Monetizing their assets better through divestment and strategic sales
Directing their procurements policies
Coordinating matters of general policy affecting all Public Sector Enterprises
Hence, the answer is B

Answer: C
Explanation:
The fundamental duties were incorporated in Part IV-A of the Constitution by the Constitution (42nd Amendment) Act, 1976, during emergency. Article 51(A) describes 11 fundamental duties — 10 came with the 42nd Amendment; the 11th was added by the 86th Amendment in 2002. They were made a part of the Constitution to emphasise the obligation of the citizen in return for the fundamental rights that he or she enjoys. The Russian Constitution has the concept of fundamental duties. The 42nd Constitutional Amendment was made in light of the recommendations of the Swaran Singh Committee.
The fundamental duties are not made self-executory unlike most of the fundamental rights. The enforceability of fundamental duties has posed a persistent legal dilemma. The constitution itself does not prescribe a legal sanction against the breach or the non-performance of a fundamental duty. It doesn’t even ask the state to make laws in conformity with the fundamental duties. Under the Constitution, neither is there a provision that enforces fundamental duties nor is there any specific prohibition to their enforcement. Nevertheless, the legislature has incorporated some fundamental duties in certain statutes. These statutes lay down frameworks for enforcement of duties and set sanctions in the event of a failure to adhere with the prescription of the law.