Question Discussion & Solution

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

• Parliament can impose reasonable restrictions on Fundamental Rights.
• Fundamental Rights listed in Part III of the Constitution are not absolute and can be restricted on reasonable grounds by legislation enacted by Parliament.
• Article 13(1)  states that all laws in force in the territory of India immediately before the commencement of this constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
• Article 13(4)-Nothing in this article shall apply to any amendment of this Constitution made under article 368.
• The Constitutional Bench in Kesavananda Bharati case ruled that Parliament could amend any part of the Constitution so long as it did not alter or amend the basic structure or essential features of the Constitution.

The correct answer is Justice, Liberty, Equality, Fraternity.

• The correct sequence of assurances given in the Preamble of India Constitution is Justice, Liberty, Equality, Fraternity.

Additional Information 

• Preamble Of Indian Constitution
  • 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.

The correct answer is Article 14.

Key Points

• Article 14 states for equality before the law.
  • All persons are equal before the law.
  • It provides equal protection before laws.
• Article 19 is related to the right to freedom.
  • It gives 6 types of freedom to Indian citizens.
• Article 21 is related to the protection of life and personal liberty. 
  • It gives the fundamental right to live life.
• Article 256 is related to the executive power of the state.

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 Election Commission.

Important Points  In India, the political parties are given ‘recognition’ by the Election Commission of India.

• Election Commission of India:
  • The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India.
  • The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
  • Part XV of the Indian constitution deals with elections and establishes a commission for these matters.
  • The Election Commission was established in accordance with the Constitution on 25th January 1950.
  • Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc of the commission and the member.
• Articles related to Elections:

Key Points

•  Functions of ECI:
  • Election Commission of India superintendents, direct and control the entire process of conducting elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India.
  • The most important function of the commission is to decide the election schedules for the conduct of periodic and timely elections, whether general or bye-elections.
  • It prepares the electoral roll, issues Electronic Photo Identity Card (EPIC).
  • It decides on the location of polling stations, assignment of voters to the polling stations, location of counting centers, arrangements to be made in and around polling stations and counting centers, and all allied matters.
  • It grants recognition to political parties & allots election symbols to them along with settling disputes related to it.
  • The Commission also has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
  • It issues the Model Code of Conduct in elections for political parties and candidates so that no one indulges in unfair practice or there is no arbitrary abuse of powers by those in power.
  • It sets limits of campaign expenditure per candidate to all the political parties and also monitors the same.