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Polity -06

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#1 Which of the following Commissions were formed to examine the Center State Relations? 1. Dhar Commission 2. Rajamannar Commission 3. Punchi Commission 4. Sarkaria Commission. Select the code from following:?Solution (b)

The issues in Centre-State relations have been under consideration since the mid 1960s. In this direction, the following commissions have been formed:

· Administrative Reforms Commission

· Rajamannar Committee
· Anandpur Sahib Resolution

· West Bengal Memorandum

· Sarkaria Commission
· Punchhi Commission

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#2 Which of the following statements regarding National Emergency is/are correct? 1. Article 359 suspends the Fundamental Rights in case of National Emergency. 2. Article 20 and 21 are restricted during National Emergency. Select the code from below:?Solution (d)

Distinction between Articles 358 and 359

The differences between Articles 358 and 359 can be summarized as follows:

1. Article 358 is confined to Fundamental Rights under Article 19 only whereas Article 359 extends to all those Fundamental Rights whose enforcement is suspended by the Presidential Order.

2. Article 358 automatically suspends the fundamental rights under Article 19 as soon as the emergency is declared. On the other hand, Article 359 does not automatically suspend any Fundamental Right. It only empowers the president to suspend the enforcement of the specified Fundamental Rights.

3. Article 358 operates only in case of External Emergency (that is, when the emergency is declared on the grounds of war or external aggression) and not in the case of Internal Emergency (ie, when the Emergency is declared on the ground of armed rebellion). Article

359, on the other hand, operate in case of both External Emergency as well as Internal Emergency.

4. Article 358 suspends Fundamental Rights under Article 19 for the entire duration of Emergency while Article 359 suspends the enforcement of Fundamental Rights for a period specified by the president which may either be the entire duration of Emergency or a shorter period.

5. Article 358 extends to the entire country whereas Article 359 may extend to the entire country or a part of it.

6. Article 358 suspends Article 19 completely while Article 359 does not empower the suspension of the enforcement of Articles 20 and 21.

7. Article 358 enables the State to make any law or take any executive action inconsistent with

Fundamental Rights under Article 19 while Article 359 enables the State to make any law or take any executive action inconsistent with those Fundamental Rights whose enforcement is suspended by the Presidential Order.

There is also a similarity between Article 358 and Article 359. Both provide immunity from challenge to only those laws which are related with the Emergency and not other laws. Also, the executive action taken only under such a law is protected by both.

The 44 th Amendment Act of 1978 restricted the scope of Article 359 in two ways –

· Firstly, the President cannot suspend the right to move the Court for the enforcement of fundamental rights guaranteed by Articles 20 to 21. In other words, the right to protection in respect of conviction for offences (Article 20) and the right to life and personal liberty (Article 21) remain enforceable even during emergency.

· Secondly, only those laws which are related with the emergency are protected from being challenged and not other laws and the executive action taken only under such a law, is protected.

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#3 Which of the following qualifications are required to contest for Presidential Elections in India? 1. A person should be a citizen of India by Birth. 2. The person should have completed 35 years of age 3. The person should be qualified for election as a member of Lok Sabha 4. He should not hold any office of profit. Select the code from following:?Solution (b)

Qualifications for Election as President

A person to be eligible for election as President should fulfill the following qualifications: 1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Lok Sabha.

4. He should not hold any office of profit under the Union government or any state government or any local authority or any other public authority. A sitting President or Vice-President of the

Union, the Governor of any state and a minister of the Union or any state is not deemed to hold any office of profit and hence qualified as a presidential candidate.

Further, the nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Every candidate has to make a security deposit of Rs 15,000 in the Reserve Bank of India. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled.

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#4 Which of the following Veto Power is not enjoyed by the President of India??Solution (b)

The veto power enjoyed by the executive in modern states can be classified into the following four types:

1. Absolute veto that is, withholding of assent to the bill passed by the legislature.
2. Qualified veto, which can be overridden by the legislature with a higher majority.
3. Suspensive veto, which can be over ridden by the legislature with an ordinary majority. 4. Pocket veto that is, taking no action on the bill passed by the legislature.

Of the above four, the President of India is vested with three—absolute veto, suspensive veto and pocket veto. There is no qualified veto in the case of Indian President ; it is possessed by the American President.

TRICK- q is last alphabetically= not allow

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#5 Which of the following statements correctly differentiates between the pardoning power of the President and a Governor? 1. The President can pardon sentences inflicted by court martial while the governor cannot. 2. The President can pardon death sentence while governor cannot. Select the code from below:?Solution (c)

Difference in pardoning powers

The pardoning power of the governor differs from that of the President in following two respects:

1. The President can pardon sentences inflicted by court martial (military courts) while the governor cannot.

2. The President can pardon death sentence while governor cannot. Even if a state law prescribes death sentence, the power to grant pardon lies with the President and not the governor. However, the governor can suspend, remit or commute a death sentence. In other words, both the governor and the President have concurrent power in respect of suspension, remission and commutation of death sentence.

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