Question Discussion & Solution

The correct answer is ​Both A and R are true and R is the correct explanation of A.

Key Points

• ENFORCEMENT OF THE CONSTITUTION
  • Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament, temporary and transitional provisions, and short title
  • contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949 itself.
  • The remaining provisions (the major part) of the Constitution came into force on January 26, 1950.
  • This day is referred to in the Constitution as the ‘date of its commencement and celebrated as Republic Day.
  • January 26 was specifically chosen as the ‘date of commencement of the Constitution because of its historical importance. Hence Assertion is correct 
  • It was on this day in 1930 that Purna Swaraj day was celebrated, following the resolution of the Lahore Session (December 1929) of the INC. Hence R is the correct explanation of A.
  • Constitution Day or Samvidhan Diwas (26th November) is also known as National Law Day. The day commemorates the adoption of the Constitution in India. On this day in 1949, the Constituent Assembly of India formally adopted the Constitution of India.

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.

The correct answer is Jawaharlal Nehru.

Key Points

• Jawaharlal Nehru was the chairman of the Union Power Committee of the Constituent Assembly of India.
• An idea for a Constituent Assembly of India was proposed in 1934 by M. N. Roy.
• The Constituent Assembly appointed a total of 22 committees to deal with different tasks of constitution-making.
• The Assembly met for the first time in New Delhi on 9 December 1946, and its last session was held on 24 January 1950.

Additional Information

• Important Committees of Constituent Assembly and their chairperson -
  • Union Constitution Committee - Jawaharlal Nehru
  • State Power Committee - Jawaharlal Nehru
  • Provincial Committee - Sardar Patel
  • Drafting Committee - BR Ambedkar
  • Minority Committee - Sardar Patel
  • Steering Committee - Rajendra Prasad. 

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 State Election Commission.

Key Points

• A state's chief minister is appointed by the governor. He or she frequently appoints the Advocate General, the Chairman of the State Public Service Commission, and the members of the State Public Service Commission. Aside from that, the Governor appoints the State Election Commissioner (though removed by thea President).
• The State Election Commission has been tasked with holding free, equal, and impartial elections for local government bodies in the state.
• Part-IX and Part-IXA of the Indian Constitution, which cover provisions concerning Panchayats and Municipalities, respectively, were introduced by amendments 73 and 74 to the Indian Constitution.
• The constitutions of Panchayats and Municipalities, as well as their elections by the State Election Commission, are included in these parts.

Additional Information

• The President of India, in accordance with Article 280 of the Indian Constitution, appoints Finance Commissions on a regular basis to determine the financial ties between the central government of India and the various state governments.
• The Union Public Service Commission (UPSC) is India's premier public-sector recruitment agency. It is in charge of all promotions and examinations for All India Services and Group A and Group B positions in the central government's civil service and defence services cadres.
• The Inter-State Council is a permanent legislative body formed by presidential order under Article 263 of the Indian Constitution.