[DAY 13] 60 DAY RAPID REVISION (RaRe) SERIES for UPSC Prelims 2022 – POLITY, CURRENT AFFAIRS & CSAT; Test Series, Videos & Notes!

Solution (d)

Basic Info:

Please note the question is asking about a bill seeking to amend federal provisions and in such cases the power to initiate an amendment to the Constitution lies with the Parliament.

The state legislatures cannot initiate any bill or proposal for amending the Constitution except in one case, that is, passing a resolution requesting the Parliament for the creation or abolition of legislative councils in the states. Here also, the Parliament can either approve or disapprove such a resolution or may not take any action on it.

The power of abolition and creation of the State legislative council is vested in Parliament of India as per article 169. To create or to abolish a state legislative council, the state legislative assembly must pass a resolution, which must be supported by majority of the strength of the house and 2/3rd majority of the present and voting.

When a legislative council is created or abolished, the Constitution of India is also changed. However, still, such type of law is NOT considered a Constitution Amendment Bill under Article 368.

If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states (not all states) by a simple majority.

Solution (d)

Basic Info:

The following provisions can be amended by amended by special majority of the parliament along with consent of the states:

1. Election of the President and its manner.
   2. Extent of the executive power of the Union and the states.
   3. Supreme Court and high courts.
   4. Distribution of legislative powers between the Union and the states.
   5. Any of the lists in the Seventh Schedule.
   6. Representation of states in Parliament.
   7. Power of Parliament to amend the Constitution and its procedure (Article
   368 itself)

Admission or establishment of new states and amendment to Sixth Schedule—administration of tribal areas can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368.

Solution (b)

Basic Info:

The following provisions the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:

1. Admission or establishment of new states.
2. Formation of new states and alteration of areas, boundaries or names of
existing states.
3. Abolition or creation of legislative councils in states.
4. Second Schedule—emoluments, allowances, privileges and so on of the
president, the governors, the Speakers, judges, etc.
5. Quorum in Parliament.
6. Salaries and allowances of the members of Parliament.
7. Rules of procedure in Parliament.
8. Privileges of the Parliament, its members and its committees.
9. Use of English language in Parliament.
10. Number of puisne judges in the Supreme Court.
11. Conferment of more jurisdiction on the Supreme Court.
12. Use of official language.
13. Citizenship—acquisition and termination.
14. Elections to Parliament and state legislatures.
15. Delimitation of constituencies.
16. Union territories.
17. Fifth Schedule—administration of scheduled areas and scheduled tribes.
18. Sixth Schedule—administration of tribal areas

Solution (c)

Statement Analysis:

Solution (d)

Basic Info:

The President of India is indirectly elected with single transferable vote by means of an electoral college consisting:

• Elected members of the Rajya Sabha
• Elected members of the Lok Sabha
• Elected members of each state’s Legislative Assembly
• Elected members of each union territory possessing a Legislative assembly, which includes Delhi and Puducherry only. Jammu & Kashmir is not included.

Solution (d)

Statement Analysis:

The total value of the votes of all the MLAs is equal to that of all the elected MPs only
which excludes the nominated ones.

All doubts and disputes regarding the election of the President is enquired into by the Supreme Court of India considering the high prestige of the office of President of India.

Solution (b)

Basic Info:

The President is entitled to a number of privileges and immunities. He enjoys personal
immunity from legal liability for his official acts. 

During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisoned.

Exception: A civil proceeding can be instituted against the President during his term of office if the act is done or alleged to be done by him in his personal capacity, whether before or after he entered upon the office of President.

Further, two months prior notice is provided to the President stating the nature of the proceeding, cause of action, the details of the other party including name, description, and place of residence, and the relief claimed by the other party

Solution (c)

Basic Info regarding pardoning powers of the President

Article 72 of the Indian Constitution confers pardoning powers upon the President. It states that the President has right to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence-

• In all cases where the punishment or sentence is by a court Martial
• In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends
• In all cases where the sentence is a sentence of death.

In simple words, it means that the President has power to forgive the accused. This act of forgiving is called as “pardon”. Once an accused is pardoned, he is free from all the charges and innocent in the eyes of law.

However, the powers of President are always debated. The Supreme Court has therefore laid down provisions for controlling the pardoning powers of the President and has also allowed judicial review of the cases where the accused is pardoned. The Court further said that if any case is pardoned by the President, it is subject to judicial review.

Solution (a)

Basic Info:

The President can be removed from office by a process of impeachment for violation of the Constitution. However, the Constitution does not define the meaning of the phrase violation of the Constitution.

The impeachment charges can be initiated by either House of Parliament. These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days notice should be given to the President. 

The nominated members of either House of Parliament can participate in the impeachment of the President though they do not participate in his election.

The elected members of the legislative assemblies of states and the Union Territories of Delhi and Puducherry do not participate in the impeachment of the President though they participate in his election.

In the History of the Indian Republic, no Indian President has been so far “impeached” from his post. 

Solution (b)

Basic Info:

Types of Veto:

1. Absolute veto, that is, withholding of assent to the bill passed by the legislature.
2. Suspensive veto, which can be over ridden by the legislature with an ordinary majority.
3. Qualified veto, which can be overridden by the legislature with a higher majority.
4. Pocket veto, that is, taking no action on the bill passed by the legislature.

Of the above four, the President of India is vested with three—absolute veto, suspensive veto and pocket veto. There is no qualified veto in the case of Indian President.

Solution (a)

Basic Info:

Extension of the President’s Rule beyond one year:

– The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of the parliament to extend a proclamation of President’s Rule beyond one year.

 The Act provided that beyond one year the President’s Rule can be extended by six months at a time only when two conditions are fulfilled:

1. A Proclamation of National emergency should be in operation in the whole of India, or in the whole or any part of the state
2. The Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.

Solution (c)

Basic Info:

Executive powers and functions of the President:

All executive actions of the Government of India are formally taken in his name. He can make rules specifying the manner in which the orders and other instruments made and executed in his name shall be authenticated.

He can make rules for more convenient transaction of business of the Union government, and for allocation of the said business among the ministers.

He appoints the prime minister and the other ministers. They hold office during his pleasure.

He appoints the attorney general of India and determines his remuneration. The attorney general holds office during the pleasure of the President.

He appoints the comptroller and auditor general of India, the chief election commissioner and other election commissioners, the chairman and members of the Union Public Service Commission, the governors of states, the chairman and members of finance commission, and so on.

He can appoint a commission to investigate into the conditions of SCs, STs and other
backward classes.

He directly administers the union territories through administrators appointed by him.

He can appoint an inter-state council to promote Centre–state and inter- state cooperation. However, such a council is presided over by the Prime Minister of India.

He can declare any area as scheduled area and has powers with respect to the administration of scheduled areas and tribal areas.

Solution (c)

Basic Info:

Solution (d)

Basic Info:

According to Article 79 of the Constitution there shall be a Parliament for the Union which shall consists of the President and two Houses to be known respectively as the Council of States and the House of the People.

Though the President of India is not a member of either House of Parliament and does not sit in the Parliament to attend its meetings, he is an integral part of the Parliament. This is because a bill passed by both the Houses of Parliament cannot become law without the President’s assent.

He also performs certain functions relating to the proceedings of the Parliament, for example, he summons and prorogues both the Houses, dissolves the Lok Sabha, addresses both the Houses, issues ordinances when they are not in session, and so on.

Solution (d)

Statement Analysis: 

Solution (a)

Basic Info:

Some of the important amendments made by 42nd Amendment Act 1976 were:

• Added three new words (i.e., socialist, secular and integrity) in the Preamble.
• Added Fundamental Duties by the citizens (new Part IV A).
• Made the president bound by the advice of the cabinet.
• Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
• Made the constitutional amendments beyond judicial scrutiny.
• Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
• Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
• Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights.
• Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights.
• Added three new Directive Principles viz., equal justice and free legal aid, the participation of workers in the management of industries and protection of the environment, forests, and wildlife.
• Facilitated the proclamation of national emergency in a part of the territory of India.
• Extended the one-time duration of the President’s rule in a state from 6 months to one year.
• Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order.
• Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts.
• Did away with the requirement of quorum in the Parliament and the state legislatures.
• Empowered the Parliament to decide from time to time the rights and privileges of its members and committees.
• Provided for the creation of the All-India Judicial Service.
• Shortened the procedure for disciplinary action by taking away the right of a civil servant to make representation at the second stage after the inquiry (i.e., on the penalty proposed).

Options 4 and 5 were amendments made by 44th Amendment Act 1978

Solution (a)

Basic Info:

Constitution of India in Article 67(b) about the term of office of the Vice-President mentions that-A Vice President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days notice has been given of the intention to move the resolution. 

Therefore, he can be removed from the office before completion of his term. A formal impeachment is not required for his removal. He can be removed by a resolution of the Rajya Sabha passed by an effective majority (i.e., a majority of the total members of the House minus the vacant seats) and agreed to by the Lok Sabha with a simple majority. Notably, no ground has been mentioned in the Constitution for his removal.

Solution (a)

Basic Info:

Solution (b)

Statement Analysis:

Solution (a)

Basic Info:

The Constitution gives the President the power to address either House or a joint sitting of the two Houses of Parliament.

Article 87 provides two special occasions on which the President addresses a joint sitting. The first is to address the opening session of a new legislature after a general election.

The second is to address the first sitting of Parliament each year not financial year. A session of a new or continuing legislature cannot begin without fulfilling this requirement.

When the Constitution came into force, the President was required to address each session of Parliament.

Solution (a)

Statement Analysis:

Context – The Calcutta High Court gave West Bengal Assembly Speaker a deadline to pass an order in the defection case

Solution (b)

Uzbekistan is bordered by Kazakhstan to the northwest and north, Kyrgyzstan and Tajikistan to the east and southeast, Afghanistan to the south, and Turkmenistan to the southwest.

Context – India’s Foreign minister was in Kyrgyzstan on a bilateral visit

Solution (a)

Statement Analysis:

Context – India was re-elected to the United Nations Human Rights Council (UNHRC) for the 2022-24 term.

Solution (c)

Remittances, Invisible trade, Investment income are a part of current account component of BoP. Whereas, Banking capital and Non – Resident Indian deposits are a part of capital account component.

Context – Deputy Governor of Reserve Bank of India (RBI) indicated towards fundamental shifts in the capital account convertibility framework in India.

Solution (b)

Statement Analysis:

Context – China reportedly tested a nuclear-capable hypersonic glide vehicle that circled the globe before speeding towards its target

Solution (c)

A’s 1 day’s work = 1/15 

B’s 1 day’s work = 1/20 

(A + B)’s 1 day’s work = (1/15+1/20)=  7/60

 (A + B)’s 4 day’s work = (7x 4)/60 = 7/15 

Hence, Option(c) is the right answer

Solution (b)

A’s 1 hour’s work = 1/4 

(B + C)’s 1 hour’s work = 1/3 

(A + C)’s 1 hour’s work = 1/2 

(A + B + C)’s 1 hour’s work = (1/4+1/3) = 7/12

B’s 1 hour’s work = ((A+B+C) – (A+C)) = (7/12-1/2) = 1/12 

Therefore, B alone will take 12 hours to do the work.

Solution (c)

75 % in terms of fraction is 3/4.

So, ¾ of the work is done in 15 days

Whole work can be done by A in (15×4/3) = 20 days.

 Now, (1 -3/4) i.e.,1/4 work is done by A and B in 2.5 days. 

 Whole work will be done by A and B in (4 x 2.5) = 10 days.

 A’s 1 day’s work = 1/20 

(A + B)’s 1 day’s work = 1/ 10

 Therefore B’s 1 day’s work = ((A+B) – (A) = (1/10-1/20) = (2-1/20) = 1/20. 

 So, B alone would do the work in 20 days

Solution (b)

A’s 1 day work = 1/4

B’s 1 day work = 1/6

C’s 1 day work = 1/15

If they work together = ( (1/4) + (1/6) + (1/15)) = ( (15+10+4)/60))= 29/60 days

Solution (b)

The passage does not mention ‘institutional structures’ or talk about these being essential to the study of visual culture.

From the line, “…task is to understand how artifacts contribute to the construction of a world”, we understand a is true. 

Option c is true, based on the line “scholars may learn a great deal when they scrutinize the constituents of vision, that is, the structures of perception as a physiological process as well as the epistemological frameworks informing a system of visual representation”. 

Option d is also true, based on the first paragraph.