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 The maximum number is not fixed.

• According to the Indian Constitution, at one time, a person can be the Governor of a maximum of any number of states, the maximum number is not fixed.

Key Points

• The office of the Governor is the highest office in the state.
• The Governor is also called the first-person of the state.
• The Governor is appointed and removed by the President of India.
• Governor holds the office till the President of India.
• Condition for the office of the governor:
  • He should be an Indian Citizen.
  • He should be 35 years old or more.
  • He should not hold any office of profit.
  • He cannot be a member of parliament or state legislature.

Additional Information

• Article Related to Governor:
  • Article 152: Definition
  • Article 153: Governors of states.
  • Article 154: Executive Power of Governor.
  • Article 155: Appointment of Governor
  • Article 156: Term of office of Governor
  • Article 157: Qualifications for that appointment of Governor
  • Article 158: Conditions of Governor's office.
  • Article 159: Oath or Affirmation by Governor
  • Article 160: Discharge Of the functions of the Governor in Contingencies
  • Article 161: Power of Governor to grant pardon, etc.
  • Article 162: Extent of Executive Power of State. 

The correct answer is option 1 i.e. Minorities can establish and administer educational institutions of their choice

• Article 30 secures religious and linguistic minorities the right to establish and administer educational institutions.
• Only religious and linguistic minorities find mention in Article 30 not ethnic. Hence, both Options 2 and 3 are NOT correct.
• Article 30 also states that any State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. Hence, Option 4 is NOT correct.

Rajasthan Panchayati Raj Act, 1994:

Resignation of Sarpanch, Up-Sarpanch, Panch, Pradhan, Up-Pradhan, Pramukh, Up-Pramukh and Members of Panchayat Samiti or Zila Parishad-

• The Sarpanch, Up-Sarpanch, or Panch may resign his office by writing under his hand addressed to the Vikas Adhikari.
• A member holding office as Pradhan of the Panchayat Samiti may resign his office at any time by writing under his hand addressed to the Pramukh, Zila Parishad, and the UpPradhan or a member of a Panchayat Samiti may resign his office at any time by writing under his hand addressed to the Pradhan, Panchayat Samiti.
• The Pramukh may resign his office by writing under his hand addressed to the Divisional Commissioner, and the Up-Pramukh or a member, Zila Parishad may resign his office by writing under his hand addressed to the Pramukh. 
• Every resignation under Sub-secs. (1), (2), and (3) shall take effect on the expiry of fifteen days from the date of its receipt by the authority aforesaid unless withdrawn within this period of fifteen days.
• Every Up-Sarpanch, Pradhan, Up-Pradhan, Pramukh, and Up-Pramukh shall vacate the office if he ceases to be a member of Panchayat or, as the case may be, a Panchayat Samiti or a Zila Parishad.

Thus, we can conclude that in Rajasthan, a member of Zila Parishad may resign his office by writing under his hand addressed, to Zila Pramukh.

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.