Question Discussion & Solution

The correct answer is Dr. Sampurnanand. 

Key Points

The correct answer is Not less than 45.

• Establishment of Lokpal
  • The Lokpal shall consist of
    (a) a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person who fulfills the eligibility specified in clause (b) of sub-section (3); and
    (b) such number of Members, not exceeding eight out of whom fifty percent. shall be Judicial Members: Provided that not less than fifty percent. of the Members of the Lokpal shall be from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities and women.
  • A person shall be eligible to be appointed —
    (a) as a Judicial Member if he is or has been a Judge of the Supreme Court or is or has been a Chief Justice of a High Court;
    (b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
  • The Chairperson or a Member shall not be
    (i) a member of Parliament or a member of the Legislature of any State or Union territory;
    (ii) a person convicted of any offence involving moral turptitude;
    (iii) a person of less than forty-five years of age, on the date of assuming office as the Chairperson or Member, as the case may be;
    (iv) a member of any Panchayat or Municipality;
    (v) a person who has been removed or dismissed from the service of the Union or a State, and shall not hold any office of trust or profit (other than his office as the Chairperson or a Member) or be affiliated with any political party or carry on any business or practise any profession and, accordingly, before he enters upon his office, a person appointed as the Chairperson or a Member, as the case may be, shall, if—
    (a) he holds any office of trust or profit, resign from such office; or
    (b) he is carrying on any business, sever his connection with the conduct and management of such
    business; or
    (c) he is practising any profession, cease to practise such profession.

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 1 and 2 only.

Key Points

• Parliamentary government
  • Members of the Cabinet are Members of the Parliament.
    • ​Hence statement 1 is correct.
  • Ministers hold the office till they enjoy confidence in the Parliament.
    • ​Hence statement 2 is correct.
  • The Head of the state is President and he/she does not head the cabinet
    • Hence statement 3 is not correct.​

Additional Information

• Parliamentary System of Government
  • There are two executives:
    • The nominal executive is the head of state e.g. President while the real executive is the Prime Minister, who is the head of government.
  • In such a system, the role of the president or monarch is primarily ceremonial and the Prime Minister along with the cabinet wields effective power.
  • Countries with such a system include Germany, Italy, Japan, the United Kingdom as well as Portugal.
  • The Constitution of India provides for a parliamentary form of government, both at the Centre and in the States.
  • Articles 74 and 75 deal with the parliamentary system of government at the Union level and Articles 163 and 164 contain provisions with regard to the States.
  • The executive is responsible to the legislature for its policies and acts.
• Presidential System of Government
  • There is only one executive.
  • In this system, the President is both head of state and government, e.g. the USA, South Korea, etc.
  • The executive is not responsible to the legislature for its policies and acts and is constitutionally independent of the legislature in respect of its term of office.

The correct answer is 42nd Amendment.

Key Points

• The term "Secular" was added to the Preamble by Indira Gandhi Government in the 42nd amendment.
• Secular means the relationship between the government and the religious groups is defined by constitution and law.
• Under the 42nd Amendment Act, three words were added: Socialist, Secular, and Integrity.
• The Indian Constitution embodies the positive concept of secularism, all the religions in our country have the same status and support from the state.
• However, as the Supreme Court said in 1974, although the words ‘secular state’ was not explicitly mentioned in the Constitution, there can be no doubt that Constitution-makers wanted to establish such a state, and accordingly, Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the constitution.
• On 18 December 1976, during the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution.
• Through this amendment, the words "socialist" and "secular" were added between the words "sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".