Question Discussion & Solution

The correct answer is Both Supreme Court and High Court.

• The P. I. L. petition related to Fundamental Rights can be filed with both the Supreme Court and High Court.

Additional Information

• History of Public Interest Litigation (PIL) in India:
  • In 1979, Kapila Hingorani filed a petition and secured the release of almost 40000 undertrials from Patna’s jails in the famous ‘Hussainara Khatoon’ case. Hingorani was a lawyer.
  • This case was filed in the SC before a Bench led by Justice P N Bhagwati.
  • Hingorani is called the ‘Mother of PILs’ as a result of this successful case.
  • The court permitted Hingorani to pursue a case in which she had no personal locus standi making PILs a permanent fixture in Indian jurisprudence.
  • The Supreme Court of India and the High Courts have the right to issue PILs.
  • The concept of PILs stems from the power of judicial review.
  • The concept of PILs has diluted the principle of locus standi, which implies that only the person/party whose rights have been infringed upon can file petitions.
  • Procedure to File PIL in India:
    • Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition:
    • In the SC under Article 32
    • In the High Courts under Article 226
    • The court can treat a letter as a writ petition and take action on it.
    • The court has to be satisfied that the writ petition complies with the following: the letter is addressed by the aggrieved person or a public-spirited individual or a social action group for the enforcement of legal or constitutional rights to any person who, upon poverty or disability, are not able to approach the court for redress.
    • The court can also take action on the basis of newspaper reports if it is satisfied with the case.

The correct answer is Article 318.

Key Points

• The Commission consists of a Chairman and such number of Members as are determined by the Governor from time to time under Article 318 of the Constitution.
• Their conditions of service have also been determined by the Governor under the said Article by notifying the Rajasthan Public Service Commission (Conditions of Service) Regulations, 1974.
• Under Article 318 (b), the Governor makes provision with respect to the number of members of the staff of the Commission from time to time.
• Their conditions of service have also been provided in the Rajasthan Public Service Commission (Ministerial and Subordinate Services) Rules and Regulations, 1979, and RPSC (Gazetted Staff) Service Rules and Regulations, 1991. 

Additional Information

• Article 343(1) of the Constitution provides that Hindi in Devanagari script shall be the Official Language of the Union.
• Article 320 states the functions of Public Service Commission.
• Article 323 deals with publishing of annual reports by Public Service Commission.

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 Dr. Shyamaprasad Mukherjee.

• The founder of 'BHARTIYA JANSANGH' was Dr Shyamaprasad Mukherjee.

Additional Information 

• Syama Prasad Mukherjee, founder of the Bharatiya Jana Sangh.
  • The Bharatiya Jana Sangh was an Indian right-wing political party that existed from 1951 to 1977 and was the political arm of Rashtriya Swayamsevak Sangh (RSS), a Hindu nationalist volunteer organisation.
  • In 1977, it merged with several other lefts, centre and right parties opposed to the Indian National Congress and formed the Janata Party.
  • In 1980, the Jana Sangh faction broke away from Janata Party over the issue of dual membership (of the political Janata Party and the social organization RSS) and formed Bharatiya Janata Party.
  • Syama Prasad Mukherjee was an Indian politician, barrister and academician, who served as the Minister for Industry and Supply in Prime Minister Jawaharlal Nehru's cabinet.
  • After falling out with Nehru, protesting against the Nehru-Liaquat Pact, Mukherjee resigned from Nehru's cabinet.

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.