Question Discussion & Solution

The correct answer is (A) is true but (R) is false.

Key Points

• The Election Commission of India issues guidelines for conducting free and fair elections in the country. These guidelines are called the Election Model Code of Conduct (MCC). Hence statement 2 is not correct.
• The MCC is a set of guidelines issued by the Election Commission to regulate political parties and candidates prior to elections. 
• It is not statutory but Political Parties, Candidates and Polling Agents are expected to observe the norms, on matters ranging from the content of election manifestos, speeches and processions, to general conduct. Hence statement 1 is correct.
• It aims to ensure free and fair elections. 
• This is in keeping with Article 324 of the Constitution, which gives the Election Commission the power to supervise elections to the Parliament and state legislatures. 
• The MCC is operational from the date that the election schedule is announced till the date that results are announced. Hence statement 1 is correct.
•  A form of the MCC was first introduced in the state assembly elections in Kerala in 1960. 

The correct answer is option 2, i.e. Article 14 to Article 18.

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 Freedom from attendance as Witness.

Key Points

• Originally the constitution envisaged two types of privileges under Article 105 of the Indian constitution.
• One is freedom of speech in Parliament and the right of publication of its proceedings.
• The concept of parliamentary privilege in the Constitution of India has been taken from the British Constitution.
• The main motive of these privileges is to uphold the supremacy of the office of the Parliament and its members.
• These rights are also given to those individuals who speak and participate in any committee of the Parliament, which includes the Attorney General of India and the Union Ministers.
• The President, even if he is part of Parliament, does not have parliamentary privileges.

Additional Information

• The collective privileges of Members of Parliament are as follows
  • No person (either a member or outsider) can be arrested and no legal process (criminal or civil) can be initiated within the premises of the house without the permission of the presiding officer of the house.
  • No Court has the right to investigate proceedings of the House or any of its committees.
  • Parliament can exclude guests from its proceedings and in some cases of national interest it can also hold a secret meeting on any important matter.
  • Parliament can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition, or imprisonment (also suspension or expulsion in case of members).
• Individual Privileges of Members of Parliament are as follows
  • When the Parliament is in session, a Member of Parliament or a privileged person may refuse to appear in court or to present any evidence in a court.
  • The members of Parliament can’t be arrested during the session of the Parliament and 40 days before the beginning and 40 days after the end of the session. However, this privilege is available in civil cases only not in criminal cases.
  • No member is liable to any proceedings in any given court for anything said or any vote by him/her in the parliament or its committees.

The correct answer is 1, 3 and 4 only.

• National Development Council was established on 6th August 1952 by the government of India.
• It acts as an advisory body of the Planning Commission.
• It was set up to:

1. Promote the overall development of the country.
2. Create common economic policies.
3. Strengthen and mobilize the efforts and resources of the country for the accomplishment of the plan.
4. Provide assistance to states related to their developmental works.

• Composition of NDC:

• The secretary of the Planning Commission is also the secretary of the National Developmental Council.
• They generally meet twice a year.

 Additional Information

• Since the inception of NITI Aayog on January 1st, 2015, the NDC has not organized meetings.