Polity MCQ- 13

Answer- 1

Article 352 Proclamation of Emergency – The Constitution employs the expression proclamation of
emergency‘ to denote the National Emergency only due to war, external aggression or armed rebellion.

An Emergency due to the failure of the constitutional machinery in the states (Article 356). This is
popularly known as President‘s Rule‘. It is also known by other two names- State Emergency‘ or
̳constitutional Emergency‘. However, the Constitution does not use the word emergency‘ for this
situation.

Financial Emergency is proclaimed under Article 360 – due to a threat to the financial stability or credit of
India.

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Answer- 2

The features of the Government of India Act,1935 were:

• It provided for the establishment of an All-India Federation consisting of provinces and princely states
  as units. However, the federation never came into being as the princely states did not join it. Hence,
  statement 1 is correct.
• It abolished dyarchy in the provinces and introduced provincial autonomy in its place. Hence,
  statement 2 is not correct.
• It provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects were divided into
  reserved subjects and transferred subjects. However, this provision of the act also did not come into
  operation.
• It provided for the establishment of a Reserve Bank of India to control the currency and credit of the
• It provided for the establishment of a Federal Public Service Commission and also Provincial Public
  Service Commissions and Joint Public Service Commissions for two or more provinces.
• It provided for the establishment of a Federal Court, which was set up in 1937.

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Answer-3

Statement 1 is not correct. The term of office of the AG is not fixed by the Constitution. Further, the
Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure
of the president. This means that he may be removed by the president at any time. He may also quit his office
by submitting his resignation to the president. Conventionally, he resigns when the government (council of
ministers) resigns or is replaced, as he is appointed on its advice.

Statement 2 is not correct. Attorney General is not a full-time counsel for the Government. He does not fall
in the category of government servants. Further, he is not debarred from private legal practice. However,
following limitations are placed on the Attorney General in order to avoid any complication and conflict of
duty:

• He should not advise or hold a brief against the Government of India.
• He should not advise or hold a brief in cases in which he is called upon to advise or appear for the
  Government of India.
• He should not defend accused persons in criminal prosecutions without the permission of the Government
  of India.
• He should not accept appointment as a director in any company or corporation without the permission of
  the Government of India.

Statement 3 is correct. AG has the right to speak and to take part in the proceedings of both the Houses of
Parliament or their joint sitting and any committee of the Parliament of which he may be named a member,
but without a right to vote. He enjoys all the privileges and immunities that are available to a member of
Parliament.

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Answer- 3

The following principles reflect the ideology of socialism as they lay down the framework of a democratic
socialist state, aim at providing social and economic justice, and set the path towards welfare state. They
direct the state:

• To promote the welfare of the people by securing a social order permeated by justice— social, economic
  and political—and to minimise inequalities in income, status, facilities and opportunities (Article 38).
• To secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution of
  material resources of the community for the common good; (c) prevention of concentration of wealth and
  means of production; (d) equal pay for equal work for men and women; (e) preservation of the health and
  strength of workers and children against forcible abuse; and (f) opportunities for healthy development of
• To promote equal justice and to provide free legal aid to the poor (Article 39 A).
• To secure the right to work, to education and to public assistance in cases of unemployment, old age,
  sickness and disablement (Article 41).
• To make provision for just and humane conditions for work and maternity relief (Article 42).
• To secure a living wage, a decent standard of life and social and cultural opportunities for all workers
  (Article 43).
• To take steps to secure the participation of workers in the management of industries (Article 43 A).
• To raise the level of nutrition and the standard of living of people and to improve public health (Article
  47).
• To organise village panchayats and enable them to function as units of self-government is a Gandhian
  principle. (Article 40)

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Answer- 4

• S K Dhar Commission: There had been a demand from different regions, particularly South India, for
  reorganisation of states on linguistic basis post independence. Accordingly, in June 1948, the Government
  of India appointed the Linguistic Provinces Commission under the chairmanship of S K Dhar to examine
  its feasibility. The commission submitted its report in December 1948 and recommended the
  reorganisation of states on the basis of administrative convenience rather than linguistic factor.
• JVP Committee: The recommendations of S K Dhar Commission created a lot of resentment and led to
  the appointment of another Linguistic Provinces Committee by the Congress in December 1948, to
  examine the whole question again. It consisted of Jawaharlal Nehru, Vallahbhai Patel and Pattabhi
  Sitaramayya and hence, was popularly known as JVP Committee. It submitted its report in April 1949
  and formally rejected language as the basis for reorganisation of states.
• Fazl Ali Commission: The creation of Andhra state in 1953 intensified the demand from other regions for
  creation of states on linguistic basis. This forced the Government of India to appoint (in December 1953)
  a three-member States Reorganisation Commission under the chairmanship of Fazl Ali to re-examine the
  question. Its other two members were K M Panikkar and H N Kunzru. It submitted its report in September
  1955 and broadly accepted language as the basis of reorganisation of states. But, it rejected the theory of
  one language–one state‘.

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