Question Discussion & Solution

The correct answer is Neither 1 nor 2.

Key Points

• Role of the commission:
  • From the above, it is clear that the functions of the commission are mainly recommendatory in nature.
  • It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim. Hence, statement 1 is not correct.
  • Notably, its recommendations are not binding on the concerned government or authority. Hence, statement 2 is not correct.
  • But, it should be informed about the action taken on its recommendations within one month.
  • In this context, a former member of the Commission observed: 
    • The government cannot wash away the recommendations made by the Commission.
    • The commission’s role may be recommendatory, advisory, yet the Government considers the cases forwarded by it.
    • It is, therefore, improper to say that the commission is powerless.
    • It enjoys great material authority and no government can ignore its recommendation’.
    • Moreover, the commission has a limited role, powers and jurisdiction with respect to the violation of human rights by the members of the armed forces.
    • In this sphere, the commission may seek a report from the Central government and make its recommendations.
    • The Central government should inform the Commission of the action taken on the recommendations within three months.
    • The commission submits its annual or special reports to the Central government and to the state government concerned.
    • These reports are laid before the respective legislatures, along with a memorandum of action taken on the recommendations of the commission and the reasons for non-acceptance of any of such recommendations.

The correct answer is Dr. Sampurnanand. 

Key Points

The correct answer is  Habeus corpus.

• The writ that is issued to secure the release of a person under illegal detention is Habeus corpus.
• Article 32  of the Indian Constitution has been described as the ‘heart and soul’ of the Indian Constitution by Dr. B. R. Ambedkar.
• It gives a citizen the right to approach the Supreme Court in case of the violation of any of their fundamental rights.
• It is also known as; Right to Constitutional Remedies.

  Article	Consists of
  Article 32	Right to move the Supreme court for the enforcement of fundamental rights including the writs. habeas corpus mandamus prohibition certiorari quo warranto

• Habeas Corpus: This writ is issued to produce a person who has been detained whether in prison or in private custody, before a court and to release him if such detention is found illegal.
• Mandamus: The writ of command is issued by the supreme or high court when any government, court, corporation, or any public authority has to do a public duty but fails to do so.
• Prohibition: It is a writ issued with a view to restraining a person from holding a public office to which he is not entitled.
• Certiorari: The writ of certiorari can be issued by the supreme or high court for quashing the order already passed by an inferior court, tribunal, or quasi-judicial authority.
• Quo-Warranto: The writ of quo-warranto can be issued by the supreme or high court for asking of by what authority or warrant. It is issued by the court to enquire into the legality of a claim of a person to a public office.

The correct answer is B.N. Rao.

Key Points

• BN Rao was elected by the Constituent Assembly as its constitutional advisor.
  • The Constituent Assembly was a partly elected and partly nominated body.
  • The first meeting of the Constituent Assembly was held on 9 December 1946.
  • The Muslim League boycotted the meeting and insisted on a separate state of Pakistan.
  • Thus only 211 members attended the meeting.
  • Later on 11 December 1946 Dr. Rajendra Prasad and H.C. Mukherjee was elected as the Speaker and Deputy Speaker of the Legislative Assembly respectively.
  • Vallabhbhai Patel was the President of the Provincial Constitution Committee
  • Jawaharlal Nehru was the chairman of the Central Constitution Committee.

Additional Information

• In 1934, M N Roy first proposed the idea of a constituent assembly. Under the Cabinet Mission plan of 1946, elections were held for the formation of the constituent assembly.
• On 24 January 1950, The Indian Constituent Assembly adopted "Vande Mataram " as a national song.
• Drafting Committee:
  • The Drafting Committee had seven members:
    • Alladi Krishnaswami Ayyar, N. Gopalaswami, B.R. Ambedkar, K.M Munshi, Mohammad Saadulla, B.L. Mitter, and D.P. Khaitan.
  • At its first meeting on 30th August 1947, the Drafting Committee elected B.R Ambedkar as its Chairman. 

The Correct answer is Justice Fazl Ali.

Key Points

• The creation of the Andhra state intensified the demand from other regions for the creation of states on a linguistic basis.
• This forced the Government of India to appoint (in December 1953) a three-member States Reorganisation Commission under the chairmanship of Fazl Ali to re-examine the whole question. Its other two members were K M Panikkar and H N Kunzru.
• It submitted its report in September 1955 and broadly accepted language as the basis of the reorganisation of states. But, it rejected the theory of ‘one language-one state’. Its view was that the unity of India should be regarded as the primary consideration in any redrawing of the country’s political units. It identified four major factors that can be taken into account in any scheme of the reorganisation of states:

1. Preservation and strengthening of the unity and security of the country.
2.  Linguistic and cultural homogeneity.
3. Financial, economic and administrative considerations.
4. Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.

• The commission suggested the abolition of the four-fold classification of states under the original Constitution and the creation of 16 states and 3 centrally administered territories. The Government of India accepted these recommendations with certain minor modifications.
• By the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act (1956), the distinction between Part-A and Part-B states was done away with and Part-C states were abolished. Some of them were merged with adjacent states and some others were designated as union territories. As a result, 14 states and 6 union territories were created on November 1, 1956.
• The States Reorganisation Act of 1956 established the new state of Kerala by merging the Travancore- Cochin State with the Malabar District of Madras state and Kasargode of South Canara (Dakshina Kannada).
• It merged the Telugu-speaking areas of Hyderabad state with the Andhra state to create the Andhra Pradesh state. Further, it merged the Madya Bharat state, Vindya Pradesh state and Bhopal state into the Madya Pradesh state. Similarly, it merged the Saurashtra state and Kutch state into that of the Bombay state.