Question Discussion & Solution

The correct answer is I, II.

Key Points

• In case of disagreement between both the houses of the Indian Parliament, there is a provision of joint sitting.
• A joint sitting can be called only on ordinary bills.
• A provision for joint sitting on Constitutional Amendment Bills is also described in Article 108.
• Hence the correct answer is I, II.

Additional Information 

• Joint Sitting of Parliament
  • The Constitution of India provides for a joint session of the Parliament. 
  • India has a bicameral Parliament.
  • To pass any bill, both the Houses (the Lok Sabha and the Rajya Sabha) must concur. The bill has to be passed by both Houses before the President can give his/her assent.
  • The founding fathers foresaw situations where there could be a deadlock between both Houses of Parliament.
  • Therefore, they provided for a constitutional mechanism to break this deadlock, in the form of joint sittings.
  • Joint Sitting of Parliament is Summoned by the President.
  • The Speaker presides over a joint sitting.
  • In the absence of the Speaker, the Deputy Speaker of the Lok Sabha presides over it, and in his absence, the sitting is presided over by the Deputy Chairman of the Rajya Sabha.
  • If any of the above-mentioned people are not available, any Member of Parliament (MP) can preside over the sitting by consensus of both Houses.
  • The quorum to constitute a joint sitting: 1/10th of the total number of members of the House.
• Joint Sitting Constitutional Provision
  • Article 108 of the Indian Constitution provides for a joint sitting of both Houses of Parliament.
  • Accordingly, a joint session can be summoned when: If after a bill is passed by one House and transmitted to the other House.
  • The other House rejects this bill, or The Houses do not agree on the amendments made to the bill, or More than six months elapse with the bill being received by the other House without it being passed.

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.

The correct answer is State Government.

​Key Points

• State Information Commissions Report:
  • The Commission submits an annual report to the State Government on the implementation of the provisions of this Act.
  • The State Government places this report before the State Legislature.
  • When a public authority does not conform to the provisions of this Act, the Commission may recommend (to the authority) steps that ought to be taken for promoting such conformity.

 Important Points ​

• State Information Commission:
  • The Right to Information Act of 2005 provides for the creation of not only the Central Information Commission but also a State Information Commission at the state level.
  • Accordingly, all the states have constituted the State Information Commissions through Official Gazette Notifications.
  • The State Information Commission is a high-powered independent body which interalia looks into the complaints made to it and decide the appeals.
  • It entertains complaints and appeals pertaining to offices, financial institutions, public sector undertakings.

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 65th Constitutional Amendment, 1992.

Key Points

• The constitutional recognition to National Commission for Scheduled Castes and Scheduled Tribes was given by the 65th Constitutional Amendment Act, 1990, and the commission was formed on 12th March 1992. 
• By the 89th Constitutional Amendment Act 2003, the erstwhile National Commission for SC and ST has been replaced by 

1. National Commission for Scheduled Caste.
2. National Commission for Scheduled Tribe. 

• Both the chairman and members of the commission are appointed by the President.
• The term of office of Chairman and members is decided by the President (generally, it is for 3 years) from the date on which he or she assumes office.
• All the members of the commission shall not be eligible for an appointment of more than 2 terms. 
• The composition of the commission includes Chairman, Deputy-Chairman, and 3 other members. 
• At least one member should be a woman.
• The Chairman and Deputy Chairman of the Commission have the status of Union Minister and Union Minister of State.
• While investigating any matter or inquiring about any complaint, the Commission shall have all the powers which the Civil Court has while pursuing the suit.
• The commission will submit its annual report to the President in case of Centre and Governor in case of State.

Additional Information

• 102nd Constitutional Amendment, 2018 provides Constitutional status to National Commission for Backward Classes.
• 104th  Constitutional Amendment, 2020 extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from 70 years to 80 years.
  • It also removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies.