Question Discussion & Solution

The correct answer is The Canadian System.

Key Points

• By vesting the residuary powers in the Union, the Indian Constitution has followed the Canadian System.
• The provisions of a Federation with a strong center, Residuary powers of the Centre, the appointment of State governors by the Centre, and the advisory jurisdiction of the Supreme Court, are all borrowed from the Canadian constitution.

Additional Information

Important borrowed features of the constitution:

The correct answer is option 2, i.e. Education.

86^th Constitutional Amendment Act inserted Education in Fundamental rights of the constitution.

• It made the elementary education a fundamental right and added a new article 21A.
• It declares that the state shall provide compulsory education to all children of the age 6 to 14 years.
• It changed the subject of Article 45 in directive principles that state shall provide early childhood care and education for all children until they reach the age of 6 years.
• It also added a new fundamental duty in Article 51A that it is the duty of every citizen to provide opportunities for education to their children between the age of 6 to 14 years.
• This was amended in the year 2002.
• Right to property was deleted from the fundamental right by the 44^th Constitutional Amendment Act in 1978. Now it is a legal right under Article 300A.
• Right to equality is a fundamental right under article 14 to 18 of the constitution.
• Right to freedom is given from article 19 to 22 in the constitution.

The correct answer is Dr. Shyamaprasad Mukherjee.

• The founder of 'BHARTIYA JANSANGH' was Dr Shyamaprasad Mukherjee.

Additional Information 

• Syama Prasad Mukherjee, founder of the Bharatiya Jana Sangh.
  • The Bharatiya Jana Sangh was an Indian right-wing political party that existed from 1951 to 1977 and was the political arm of Rashtriya Swayamsevak Sangh (RSS), a Hindu nationalist volunteer organisation.
  • In 1977, it merged with several other lefts, centre and right parties opposed to the Indian National Congress and formed the Janata Party.
  • In 1980, the Jana Sangh faction broke away from Janata Party over the issue of dual membership (of the political Janata Party and the social organization RSS) and formed Bharatiya Janata Party.
  • Syama Prasad Mukherjee was an Indian politician, barrister and academician, who served as the Minister for Industry and Supply in Prime Minister Jawaharlal Nehru's cabinet.
  • After falling out with Nehru, protesting against the Nehru-Liaquat Pact, Mukherjee resigned from Nehru's cabinet.

The correct answer is Joint session will be held in scheduled time.

Key Points

• Note that if President summons for the joint session of parliament and if in the meantime, Lok Sabha dissolved then the joint sitting takes place despite of the dissolution of the lower house.
• But also note that, if in case of Lok Sabha is dissolved before the summon of joint sitting on a bill by President then the pending bill lapses and there shall be no joint sitting.

Important Points

Joint Sitting of Parliament-

•  Article 108 of the constitution provides for the provision of Joint sessions of both the Houses of Parliament.
• A joint sitting can be summoned by President in case if a bill is passed by one House and forwarded to other house-
  • The other house rejects the bill
  • The house do not agree on the amendments made to the bill
  • More than six months elapsed with the bill being recieved by the other House withougt it being passe.

The correct answer is Option 2.

• There is no provision for a joint sitting of the Legislative Council and the legislative assembly. In the case of a disagreement, the decision of the Assembly is deemed final. Hence statement 2 is incorrect.

Key Points

State legislature:

• In most states, the Legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha). This means that these states have unicameral Legislature.
• In a few states, there are two houses of the Legislature namely, Legislative Assembly (Vidhan Sabha) and Legislative council (Vidhan Parishad) besides the Governor. Where there are two Houses, the Legislature, is known as bicameral. 
• Legislative Assembly (Vidhan Sabha):
  • There is a Legislative Assembly (Vidhan Sabha) in every State. It represents the people of the State.
  • The members of Vidhan Sabha are directly elected by people on the basis of the universal adult franchise.
  • They are directly elected by all adult citizens registered as voters in the State. 
  • Members are elected from territorial constituencies.
  • Every State is divided into as many (single member) constituencies as the number of members to be elected.
  • As in the case of Lok Sabha, a certain number of seats are reserved for Scheduled Castes, and in some States for Scheduled Tribes also.
  • This depends on the population of these weaker sections in the State.
  • In order to become a Member of Vidhan Sabha a person must: be a citizen of India; have attained the age of 25 years; his/her name must be in voters’ list; must not hold any office of profit i.e.; should not be a government servant. Hence statement 3 is correct.
• Legislative Council (Vidhan Parishad):
  • Vidhan Parishad is the upper House of the State Legislature. It is not in existence in every State.
  • Very few States have a bicameral Legislature that means having two Houses.
  • The Parliament can create Vidhan Parishad in a State where it does not exist, if the Legislative Assembly of the State passes a resolution to this effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting, and sends the resolution to the Parliament.
  • Similarly, if a State has a Council and the Assembly wants it to be abolished, it may adopt a resolution by a similar majority and send it to Parliament. In this situation, Parliament resolves to abolish the concerned Legislative Council.
  • According to the Constitution, the total number of members in the Vidhan Parishad of a State should not exceed one-third of the total number of members of Vidhan Sabha but this number should not be less than 40. Hence statement 4 is correct.
  • The Vidhan Parishad is partly elected and partly nominated. Most of the members are indirectly elected in accordance with the principle of proportional representation by means of a single transferable vote system. 
• Sessions of the State Legislature: The State Legislature meets at least twice a year and the interval between two sessions cannot be more than six months. Hence statement 1 is correct.
• The Governor summons and prorogues the sessions of State Legislature.
• He addresses the Vidhan Sabha or both Houses (if there is a bi-cameral Legislature) at the commencement of the first session after each general election and at the commencement of the first session of the year