Day-597 | Daily MCQs | UPSC Prelims | POLITY

Answer: B
Explanation:
Statement 1 is incorrect:
o Rule Number 373 of the Rules of Procedure and Conduct of Business for Lok Sabha
• It empowers presiding officers to direct an MP to withdraw from the House for disorderly conduct.
• This rule says that any Member so ordered to withdraw shall remain absent during the remainder of the day’s sitting.
o Rules 374 and 374A – To deal with more recalcitrant
• Rule 374 empowers the Presiding officers to name the legislators if the MP continues disrupting the House even after repeated warnings.
• After that, the House can move a motion to suspend the MP for a period not exceeding the remainder of the session
• Rule 374A was incorporated in the Rule Book in December 2001. The intention was to circumvent the necessity of adopting a motion for suspension.
• Under this rule, the Speaker can name an MP, who shall then automatically stand suspended for five days or the remaining part of the session, whichever is less.
• Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.
This makes it clear that there are instances when there is no need to pass a motion for the suspension of MPs named by the Speaker.
Statement 2 is correct: Rule 374Aof the ‘Rules of Procedure and Conduct of Business in the Lok Sabha’deal with the disorderly conduct of Members of Parliament (MPs) in the Lok Sabha and the power of the Speaker to take disciplinary action against them.

Answer: A
Explanation:
Statement 1 is incorrect: The Constitution, under Article 280, mandates the President of India to constitute a Finance Commission, not the Parliament.
The Parliament plays a crucial role in the Finance Commission’s work, but not in its establishment. Once the Commission submits its report to the President, it is laid before both houses of Parliament. Parliament can then debate the report and make recommendations to the government on its implementation. However, the recommendations of the Finance Commission are not binding on the government. The government can choose to accept them in full, partially, or even reject them altogether.
Constitutional Provisions:
• Article 280: Establishes the Finance Commission and mandates its constitution by the President.
• Article 281: Requires the President to lay the Commission’s report before Parliament. (Hence Statement 2 is correct)
Statement 3 is incorrect: While the Finance Commission plays a crucial role in recommending grants and resource allocation between the Union and the States in India, states do not have a legal right to receive the exact amounts recommended by the Commission.
While the Commission’s recommendations carry significant weight, they are not legally binding on the government. This means the Union government has the discretion to accept, modify, or even reject the recommended amounts.
It is nowhere laid down in the constitution that the recommendations of the Commission shall be binding upon the government of India or that it would give rise to the legal right in favor of the beneficiary States to receive the moneys recommended to be offered to them by the commission.

Answer: C
The text of Preamble of Indian Constitution is as follow-
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Answer: C
Explanation: While the Indian Councils Act, 1861 marked a significant step in the evolution of India’s representative government, its political provisions were limited and had certain drawbacks. The key provisions are:
• Recognition of the Portfolio System: Divided the Governor-General’s Council into departments and assigned each member a specific portfolio like finance, home, or public works.
• Expansion of Legislative Council: Increased the number of members in the Governor-General’s Legislative Council and allowed for the appointment of some Indians through nomination by the Governor-General. This was the first time Indians were formally included in the legislative process, albeit in a limited way.
• Restoration of Legislative Powers to Certain Presidencies: It restored legislative powers to the Bengal, Punjab and North-Western Provinces. This allowed these regional bodies to make laws on specific issues relevant to their territories.
• Symbolic Step towards Representative Government: Although the Act’s powers remained heavily tilted towards the British, it symbolized a step towards representative government for Indians. Their inclusion in the legislative process, even in a limited capacity, fueled future demands for greater participation and self-governance.(Raja of Benaras, Maharaja of Patiala and Sir Dinkar Rao)

Answer: A
Explanation:
Statement 1 is correct: Section 11 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 states that:
Section 11(1): The Chief Election Commissioner or an Election Commissioner may, at any time, by writing under his hand addressed to the President, resign his office.
Section 11(2):The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court.
Section 11(3):The other Election Commissioners shall not be removed from office except on the recommendation of the Chief Election Commissioner.
Statement 2 is incorrect: As per Article 324 of the Constitution, the Election Commission consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs), as the President may decide. The CEC and other ECs are appointed by the President.
The Act specifies the same composition of the Election Commission; however, it adds that the CEC and other ECs will be appointed by the President on the recommendation of a Selection Committee.
• A Search Committee will prepare a panel of five persons for the consideration of the Selection Committee.
• The Search Committee will be headed by the Law Minister.
• It will have two other members, not below the rank of Secretary to the central government, having knowledge and experience in matters related to elections.
However, the Selection Committee may also consider candidates who have not been included in the panel prepared by the Search Committee.
Statement 3 is incorrect:
Section 9 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 states that:
1. The Chief Election Commissioner and other Election Commissioners shall hold office for a term of six years from the date on which he assumes his office or till he attains the age of sixty-five years, whichever is earlier.
2. The Chief Election Commissioner and other Election Commissioners shall not be eligible for re-appointment. (i.e. the Election Commissioner can be appointed as Chief Election Commissioner, but is not eligible for reappointment as Election Commissioner.)
3. Where an Election Commissioner is appointed as Chief Election Commissioner, his term of office shall not be more than six years in aggregate as the Election Commissioner and the Chief Election Commissioner.