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 86th Amendment.

Key Points

• The Right to Education was inserted in the Indian Constitution by 86th Amendment.
  • The 86th amendment to the constitution of India in 2002, provided the Right to Education as a fundamental right in part-III of the Constitution.
  • The same amendment inserted Article 21A which made the Right to Education a fundamental right for children between 6-14 years.
  • The first official document on the Right to Education was Ramamurti Committee Report in 1990.

Additional Information

• 44th Amendment : 
  • 44th Amendment of the Constitution of India, officially known as the Constitution 1978, was enacted by the Janata Party.
    • It was introduced into the constitution by 45th Amendment Bill in the year 1978.
    • In 1976, with the introduction of the 42nd Amendment Act, there were various provisions that were amended against the will of the citizens hence, to reverse those changes and safeguard the interests of the nation, 44th Amendment Act was called into action.
    • The 44th Amendment of 1978 removed the right to property from the list of fundamental rights.
• 91st Amendment :
  • The maximum number of members in the council of Ministers has been capped at less than one-sixth of the total members of the primary house of the Union and the State Legislatures according to the 91st Amendment Act, 2003.
  • The total number of ministers, including the Prime Minister, in the Central Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha.
  • The provision of the Tenth Schedule (anti-defection law) pertaining to an exemption from disqualification in case of split by one-third of members of the legislature party has been deleted. It means that the defectors have no more protection on grounds of splits.
• 31st Amendment:
  • The 31st Amendment of the Indian Constitution was all about changing the number of seats in Parliament.
  • This Amendment Act of 1972 increased the number of Lok Sabha seats from 525 to 545. 

The correct answer is 1994.

• The State Election Commission (SEC), Rajasthan was constituted in July 1994 under Article 243 K of the Constitution of India.

Key Points

• The SEC is a single member Committee headed by the State Election Commissioner.
  • It has a Secretary who is also the Chief Electoral Officer for the State.
  • The Commission discharges its Constitutional duty by way of preparing electoral rolls and holding elections for Panchayati Raj Institutions as well as for Municipal bodies. 
• The first election was conducted in 1960 by the Panchayat Department. 
• The State Election Commission is the Constitutional body responsible for conducting and supervising elections to the local bodies in the State. 

Additional Information

• In Rajasthan, urban local bodies are called Municipalities, Municipal Councils, and Municipal Corporations. 
• The Commission discharges its constitutional duty by way of preparing electoral rolls and holding elections for Municipal bodies under Article 243 ZA.
• At present, Rajasthan has 188 Municipal bodies with 5232 territorial constituencies.

The correct answer is Article 108

Key Points

• Article 108:
  • Article 108 of the Indian Constitution of India provides for Joint sitting of both Houses.
  • The joint sitting of the Parliament is called by the President.
  • It is presided over by the Speaker or, in his absence, by the Deputy Speaker of the Lok Sabha or in his absence, the Deputy-Chairman of the Rajya Sabha.
  • The Chairman doesn't preside over the joint session at any means/cost.
  • The joint sitting of both the houses is also held to resolve the deadlock over the passing of key legislation.
  • Not all bills can be referred to a joint sitting of Parliament.
  • There are two exceptions: The money bill under Article 110 and the Constitution amendment bill under Article 368.
  • The Secretary-General shall issue summons to each member specifying the time and place for a joint sitting.
  • The duration and adjournment of the joint sitting shall be determined by the Speaker.
  • The quorum to constitute a joint sitting shall be one-tenth of the total number of members of the Houses.
  • The procedures of joint sessions are subject to modifications and variations as the Speaker may consider necessary or appropriate.

Additional Information

•  Article 72:
  • Article 72 empowers the President the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
• Article 102:
  • Disqualifications for membership. 
  • The Centre is considering a constitutional amendment to define the term ‘office of profit’ and the exempted categories.
  • The draft amendment proposes to exempt advisors appointed by the Centre or states and those appointed to discharge legislative functions such as the leader of the opposition, chief whips, etc from disqualification related to the ‘office of profit’.
• Article 111:
  • Veto Power of the President of India is guided by Article 111 of the Indian Constitution.
  • Three Types of Veto Power: Absolute veto, Suspensive veto and Pocket veto.
  • Exception: The President has no veto power when it comes to the constitutional amendment bills.
• Absolute Veto:
  • It refers to the power of the President to withhold his assent to a bill passed by the Parliament.
  • The bill then ends and does not become an act.
• Suspensive Veto:
  • The President uses a suspensive veto when he returns the bill to the Indian Parliament for its reconsideration.
  • If the Parliament resends the bill with or without amendment to the President, he has to approve the bill without using any of his veto powers.
• Pocket Veto:
  • The bill is kept pending by the President for an indefinite period when he exercises his pocket veto.
  • He neither rejects the bill nor returns the bill for reconsideration.

The correct answer is 1 only.

Confusion Points

• The Northern Zonal Council, The Central Zonal Council, The Eastern Zonal Council, The Western Zonal Council and The Southern Zonal Council are established by an Act of the Parliament, that is, the States Reorganisation Act of 1956. 
• In addition to the above Zonal Councils, a North-Eastern Council was created by a separate Act of Parliament i.e. the North-Eastern Council Act of 1971. Hence, statement 3 is NOT correct.

Key Points

• Zonal Councils:
  • The Zonal Councils are the statutory (and not the constitutional) bodies. Hence, statement 1 is correct.
  • They are established by an Act of the Parliament, that is, the States Reorganisation Act of 1956. 
  • There are 5 five Zonal councils:
    • The Northern Zonal Council, comprising the States of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, National Capital Territory of Delhi, and Union Territory of Chandigarh.
    • The Central Zonal Council, comprising the States of Chhattisgarh, Uttarakhand, Uttar Pradesh, and Madhya Pradesh.
    • The Eastern Zonal Council, comprising the States of Bihar, Jharkhand, Orissa, and West Bengal.
    • The Western Zonal Council, comprising the States of Goa, Gujarat, Maharashtra, and the Union Territories of Daman & Diu and Dadra & Nagar Haveli.
    • The Southern Zonal Council, comprising the States of Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu, and the Union Territory of Puducherry.
  • North-Eastern Council
    • In addition to the above Zonal Councils, a North-Eastern Council was created by a separate Act of Parliament i.e. the North-Eastern Council Act of 1971.
    • Its functions are similar to those of the zonal councils, but with few additions.
    • Its members include Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura, and Sikkim.
  • While forming these zones, several factors have been taken into account which includes:
    • The natural divisions of the country, the river systems and means of communication, the cultural and linguistic affinity, and the requirements of economic development, security, and law and order.
    • They are only deliberative and advisory bodies.
• Composition:-
  • Chairman: The Union Home Minister is the Chairman of each of these Councils. Hence, statement 2 is NOT correct.
  • Vice-Chairman: The Chief Ministers of the States included in each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding office for a period of one year at a time.
  • Members: Chief Minister and two other Ministers as nominated by the Governor from each of the States and two members from Union Territories included in the zone.
  • Advisers: One person nominated by the Planning Commission (which has been replaced by NITI Ayog now) for each of the Zonal Councils, Chief Secretaries, and another officer/Development Commissioner nominated by each of the States included in the Zone.
  • Union Ministers are also invited to participate in the meetings of Zonal Councils depending upon necessity.