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Polity MCQs -09

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#1 According to Constitution, a person shall be disqualified for being elected as a Member of Parliament if 1. He holds an office of profit. 2. He is not a citizen of India.3. He is found guilty of election offences. 4. He has been punished for practicing untouchability. Select the correct answer using code below-?Solution (a)

Under the Constitution, a person shall be disqualified for being elected as a Member of Parliament, if:

1. He holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament).

2. He is of unsound mind and stands so declared by a court. 3. He is an undischarged insolvent.

4. He is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state.

5. He is so disqualified under any law made by Parliament.

Criteria of being found guilty of election offences and for practising untouchability, are disqualifications under the Representation of People Act (1951).

NOTE-

· Holding an office of profit is an important criterion of disqualification of President, Vice- President or any member of Parliament, but it has not been defined in the Constitution or in the Representation of the People Act of 1951.

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#2 Supreme Court does not have original jurisdiction in which of the following cases? 1. Dispute between two states 2. Dispute arising out of a pre-constitutional treaty. 3. Inter-state water dispute. Select the correct answer using code below-?Solution (b)

The Supreme Court has exclusive original jurisdiction on any dispute between:
(a) The Centre and one or more states
(b) The Centre and any state or states on one side and one or more states on the other
(c) Between two or more states.
Supreme Court does not have a jurisdiction on disputes arising out of pre-constitutional treaty.

NOTE-

· Inter State Water Disputes Act, 1956 has excluded Supreme Court from jurisdiction over inter- state water disputes. However, by its own declaration, Supreme Court has given itself appellate jurisdiction over such matters.

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#3 Chairman of State Public Service Commission is appointed by?Solution (c)

Governor appoints the chairman and members of the state public service commission.

However, they can be removed only by the president and not by a governor.

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#4 Consider the following statements with reference to judicial review in India 1. It can be done only for legislative actions and not for executive actions. 2. The phrase ‘judicial review’ has been mentioned in Article 13. 3. Ninth schedule is outside the purview of judicial review. Which of the statements given above is correct??Solution (d)

Justice Syed Shah Mohamed Quadri has classified the judicial review into the following three categories:

1. Judicial review of constitutional amendments.

2. Judicial review of legislation of the Parliament and State Legislatures and subordinate legislations.

3. Judicial review of administrative action of the Union and State and authorities under the state.

Thus, judicial review is applicable to both legislative and executive actions. The phrase ‘Judicial Review’ has nowhere been used in the Constitution.

Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the Fundamental Rights.

However, in a significant judgment delivered in I.R. Coelho case (2007), the Supreme Court ruled that the laws placed under the Ninth Schedule after April 24, 1973, are open to challenge in court if they violated Fundamental Rights guaranteed under the Articles 14, 15, 19 and 21 or the ‘basic structure’ of the Constitution.

NOTE-

The Supreme Court has declared the power of judicial review as an element of the basic structure of the Constitution. Hence, the power of judicial review cannot be curtailed or excluded even by a constitutional amendment.

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#5 Consider the following statements with reference to 73 rd Constitutional Amendment Act 1. The act provides for a mandatory three-tier system of panchayati raj in every state. 2. The chairperson of panchayats at all levels shall be elected indirectly. 3. The act provides for the reservation of one-third of the total number of seats for women. Which of the statements given above is/are correct??Solution (b)

The act provides for a three-tier system of panchayati raj in every state, that is, panchayats at the village, intermediate, and district levels. However, a state having a population not exceeding 20 lakh may not constitute panchayats at the intermediate level.

All the members of panchayats at the village, intermediate and district levels shall be elected directly by the people. Further, the chairperson of panchayats at the intermediate and district levels shall be elected indirectly—by and from amongst the elected members thereof. However, the chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines.

The act provides for the reservation of not less than one-third of the total number of seats for women (including the number of seats reserved for women belonging the SCs and STs).

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