Question Discussion & Solution

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

The correct answer is the Preamble and the Directive Principles of State Policy.

PREAMBLE:

1. It is a short introduction to the Indian Constitution.
2. According to the Preamble-

   Ø  The source of authority of the Indian Constitution lies with the Indian people.

   Ø  India is a Sovereign, Socialist, Secular, Democratic, and Republic nation.

   Ø  Objectives - to secure justice, liberty, equality to all citizens and promote fraternity so as to maintain unity and integrity of India.

3. The Preamble of the Indian Constitution secures the Social, Economic, and Political Justice of its people.
4. The Preamble of the Indian Constitution gives Liberty of Thought, Expression, Belief, Faith, and Worship to its people.
5. The Preamble of the Indian Constitution gives  Equality of Status and Opportunity to its people.

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP):

1. These are the 15 guidelines given to the federal institutes governing the State of India that are to be kept under consideration while forming the laws.
2. These are moral obligations and not the legal bindings on the state authorities.
3. Articles 36-51 in Part IV of the Indian Constitution contain the DPSP.
4. Borrowed from the Irish Constitution.
5. As per Article 38 of the DPSP, the state shall strive to promote the welfare of the people of India by securing and protecting their Social, Economic, and Political justice.

The correct answer is All of the above.

Key Points

• Directive Principles of State Policy (DPSP):
  • Articles 36-51 of Part-IV of the Indian Constitution deals with Directive Principles of State Policy (DPSP).
  • They are borrowed from the constitution of Ireland. 
  • DPSP's are non-justiciable and are enforceable in the court of law.
  • They act as directives to the government to create any law.
  • They act as the ‘instrument of instructions’.
  • Dr. B. R. Ambedkar described Directive Principles as a “Novel Feature” of the Constitution. 
• The Directive Principles are classified on the basis of their ideological source and objectives.
• For the sake of making their study convenient, we can broadly place them in four categories, These are;
  • Economic and Socialist Principles;
  • Directives Based on Gandhian Principles;
  • Directive Principles relating to International Peace; and
  • Liberal-Intellectual Principles.

Untouchability refers to discrimination on the basis of caste.

• It is the practice of excluding a group of people regarded as 'untouchables', resulting in the segregation and persecutions from the people regarded as "higher" caste.
• The term is most commonly associated with the treatment of the Dalit communities in the Indian subcontinent. 
• Article 17 of the Indian Constitution abolishes untouchability and forbids its practise in any form.
• In 1976 the Untouchability Act 1955 was amended and renamed the Protection of Civil Rights act 1955.
• The term untouchability has not been defined in the constitution or in any act.

Option 4 is incorrect.

Key Points

• The tenth Schedule contains provisions as to disqualification on the ground of defection.
• It was added by the Constitution (52^nd Amendment) Act, 1985. Hence Option 4 is an incorrect statement.

 Important Points

• India has the world’s lengthiest constitution with 448 articles, 25 parts, and 12 schedules. Hence Option 1 is correct.
• The eleventh Schedule contains the powers, authority, and responsibilities of Panchayats.
• The twelfth Schedule contains the powers, authority, and responsibilities of Municipalities.
• These two were added in 1992 by the 73rd  and 74th Constitution Amendment Act. Hence Option 2 is correct.
• The Ninth Schedule was incorporated in 1951 by the First Amendment to the Constitution to protect land reform laws. Hence Option 3 is correct.