Question Discussion & Solution

The correct answer is Election Commission.

Important Points  In India, the political parties are given ‘recognition’ by the Election Commission of India.

• Election Commission of India:
  • The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India.
  • The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
  • Part XV of the Indian constitution deals with elections and establishes a commission for these matters.
  • The Election Commission was established in accordance with the Constitution on 25th January 1950.
  • Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc of the commission and the member.
• Articles related to Elections:

Key Points

•  Functions of ECI:
  • Election Commission of India superintendents, direct and control the entire process of conducting elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India.
  • The most important function of the commission is to decide the election schedules for the conduct of periodic and timely elections, whether general or bye-elections.
  • It prepares the electoral roll, issues Electronic Photo Identity Card (EPIC).
  • It decides on the location of polling stations, assignment of voters to the polling stations, location of counting centers, arrangements to be made in and around polling stations and counting centers, and all allied matters.
  • It grants recognition to political parties & allots election symbols to them along with settling disputes related to it.
  • The Commission also has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
  • It issues the Model Code of Conduct in elections for political parties and candidates so that no one indulges in unfair practice or there is no arbitrary abuse of powers by those in power.
  • It sets limits of campaign expenditure per candidate to all the political parties and also monitors the same.

The correct answer is 86th Amendment.

Key Points

• The Right to Education was inserted in the Indian Constitution by 86th Amendment.
  • The 86th amendment to the constitution of India in 2002, provided the Right to Education as a fundamental right in part-III of the Constitution.
  • The same amendment inserted Article 21A which made the Right to Education a fundamental right for children between 6-14 years.
  • The first official document on the Right to Education was Ramamurti Committee Report in 1990.

Additional Information

• 44th Amendment : 
  • 44th Amendment of the Constitution of India, officially known as the Constitution 1978, was enacted by the Janata Party.
    • It was introduced into the constitution by 45th Amendment Bill in the year 1978.
    • In 1976, with the introduction of the 42nd Amendment Act, there were various provisions that were amended against the will of the citizens hence, to reverse those changes and safeguard the interests of the nation, 44th Amendment Act was called into action.
    • The 44th Amendment of 1978 removed the right to property from the list of fundamental rights.
• 91st Amendment :
  • The maximum number of members in the council of Ministers has been capped at less than one-sixth of the total members of the primary house of the Union and the State Legislatures according to the 91st Amendment Act, 2003.
  • The total number of ministers, including the Prime Minister, in the Central Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha.
  • The provision of the Tenth Schedule (anti-defection law) pertaining to an exemption from disqualification in case of split by one-third of members of the legislature party has been deleted. It means that the defectors have no more protection on grounds of splits.
• 31st Amendment:
  • The 31st Amendment of the Indian Constitution was all about changing the number of seats in Parliament.
  • This Amendment Act of 1972 increased the number of Lok Sabha seats from 525 to 545. 

The Correct answer is ​President has refused to give his assent to the Bill.

Key Points

• Joint sitting is not summoned when the president has refused to give his assent to the Bill. Hence it is not a sufficient ground to call joint sitting.

Occasions when Joint Session of Parliament is summoned:

• To resolve deadlock when any house of the Parliament passes a bill and:
• The other House rejects this bill, or
• The Houses do not agree on the amendments made to the bill, or
• More than six months elapsed with the bill being received by the other House without it being passed. Hence Option 1, 2, and 3 are sufficient grounds for join sitting.

​Important Points

• Article 108 of the Indian Constitution provides for a joint sitting of both Houses of Parliament.
• The joint session is summoned by the President.
• It is presided over by the Speaker of the Lok Sabha.
• The joint sitting is governed by the Rules of Procedure of Lok Sabha and not of Rajya Sabha.
• The quorum to constitute a joint sitting: 1/10th of the total number of members of the House.
• The Bill is passed by a simple majority of the total number of members of both the Houses present and voting in the joint sitting.

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.

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.