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#1 Which of the following statements are correct regarding Pitt’s India Act of 1784? 1. It distinguished between the commercial and political functions of the company. 2. It created Board of Control to manage Political Affairs. 3. It made governors of Bombay and Madras Presidencies subordinate to Governor General of Bengal. Select the code from below:?Solution (a)
Pitt’s India Act of 1784
1. It distinguished between the commercial and political functions of the Company.
2. It allowed the Court of Directors to manage the commercial affairs but created a new body called Board of Control to manage the political affairs. Thus, it established a system of double government.
3. It empowered the Board of Control to supervise and direct all operations of the civil and military government or revenues of the British possessions in India.
Thus, the act was significant for two reasons: first, the Company’s territories in India were for the first time called the ‘British possessions in India’; and second, the British Government was given the supreme control over Company’s affairs and its administration in India.
Third statement is a feature of Regulating Act of 1773.
#2 Who of the following is known as ‘Father of Communal Electorate’??Solution (b)
Lord Minto introduced Morley – Minto Reforms (Indian Councils Act 1909). In this for the first time separate electorate were introduced for Muslims, Chamber of Commerce Bombay and madras and Zamindars.
Since it was based on communal basis (for Muslims), Minto is known as father of communal electorate.
Features of the Act of 1909
This Act is also known as Morley-Minto Reforms (Lord Morley was the then Secretary of State for India and Lord Minto was the then Viceroy of India).
1. It considerably increased the size of the legislative councils, both Central and provincial. The number of members in the Central Legislative Council was raised from 16 to 60. The number of members in the provincial legislative councils was not uniform.
2. It retained official majority in the Central Legislative Council but allowed the provincial legislative councils to have non-official majority.
3. It enlarged the deliberative functions of the legislative councils at both the levels. For example, members were allowed to ask supplementary questions, move resolutions on the budget, and so on.
4. It provided (for the first time) for the association of Indians with the executive Councils of the Viceroy and Governors. Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council. He was appointed as the law member.
5. It introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’. Under this, the Muslim members were to be elected only by Muslim voters. Thus, the Act ‘legalised communalism’ and Lord Minto came to be known as the Father of Communal Electorate .
6. It also provided for the separate representation of presidency corporations, chambers of commerce, universities and zamindars.
|Indian Councils Act of 1861, 1892 and 1909||https://youtu.be/0LTMVwmRCfI|
#3 Consider the following statements regarding Constituent Assembly of India: 1. It was a sovereign body. 2. It acted as a constitution making body as well as legislature. 3. It ratified India’s membership of the Commonwealth. Which of the above statements are correct??Solution (d)
The Indian Independence Act of 1947 made the following three changes in the position of the Constituent Assembly:
1. The Assembly was made a fully sovereign body, which could frame any Constitution it pleased. The act empowered the Assembly to abrogate or alter any law made by the British Parliament in relation to India.
2. The Assembly also became a legislative body. In other words, two separate functions were assigned to the Assembly that is, making of a constitution for free India and enacting of ordinary laws for the country. These two tasks were to be performed on separate days. Thus, the Assembly became the first Parliament of free India (Dominion Legislature). Whenever the Assembly met as the Constituent body it was chaired by Dr. Rajendra Prasad and when it met as the legislative body6, it was chaired by G V Mavlankar. These two functions continued till November 26, 1949, when the task of making the Constitution was over.
3. The Muslim League members (hailing from the areas included in the Pakistan) withdrew from the Constituent Assembly for India. Consequently, the total strength of the Assembly came down to 299 as against 389 originally fixed in 1946 under the Cabinet Mission Plan. The strength of the Indian provinces (formerly British Provinces) was reduced from 296 to 229 and those of the princely states from 93 to 70. The state-wise membership of the Assembly as on December 31, 1947, is shown in Table 2.1 at the end of this chapter.
Other Functions Performed
In addition to the making of the Constitution and enacting of ordinary laws, the Constituent Assembly also performed the following functions:
1. It ratified the India’s membership of the Commonwealth in May 1949. 2. It adopted the national flag on July 22, 1947.
3. It adopted the national anthem on January 24, 1950.
4. It adopted the national song on January 24, 1950.
5. It elected Dr Rajendra Prasad as the first President of India on January 24, 1950.
#4 Which of the following statements are correct regarding Indian judiciary? 1. Indian Judicial System is integrated as well as independent 2. Single system of courts enforces both the central laws as well as the state laws. Select the code from following:?Solution (c)
Integrated and Independent Judiciary
- The Indian Constitution establishes a judicial system that is integrated as well as independent.
- The Supreme Court stands at the top of the integrated judicial system in the country.
- Below it, there are high courts at the state level.
- Under a high court, there is a hierarchy of subordinate courts, that is, district courts and other lower courts.
- This single system of courts enforces both the central laws as well as the state laws, unlike in USA, where the federal laws are enforced by the federal judiciary and the state laws are enforced by the state judiciary.
- The Supreme Court is a federal court, the highest court of appeal, the guarantor of the fundamental rights of the citizens and the guardian of the Constitution.
- Hence, the Constitution has made various provisions to ensure its independence—security of tenure of the judges, fixed service conditions for the judges, all the expenses of the Supreme Court charged on the Consolidated Fund of India, prohibition on discussion on the conduct of judges in the legislatures, ban on practice after retirement, power to punish for its contempt vested in the Supreme Court, separation of the judiciary from the executive, and so on.
#5 India is a secular state. Which of the following statements regarding Indian Secularism are correct? 1. There is no official religion of Indian state. 2. State does not discriminate against any citizen on the grounds of religion. 3. There is complete separation of the religion and the State. Select the code from following:?Solution (a)
A Secular State
The Constitution of India stands for a secular state. Hence, it does not uphold any particular religion as the official religion of the Indian State. The following provisions of the Constitution reveal the secular character of the Indian State:
(a) The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.
(b) The Preamble secures to all citizens of India liberty of belief, faith and worship.
(c) The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).
(d) The State shall not discriminate against any citizen on the ground of religion (Article 15).
(e) Equality of opportunity for all citizens in matters of public employment (Article 16).
(f) All persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate any religion (Article 25).
(g) Every religious denomination or any of its section shall have the right to manage its religious affairs (Article 26).
(h) No person shall be compelled to pay any taxes for the promotion of a particular religion (Article 27).
(i) No religious instruction shall be provided in any educational institution maintained by the State (Article 28).
(j) Any section of the citizens shall have the right to conserve its distinct language, script or culture (Article 29).
(k) All minorities shall have the right to establish and administer educational institutions of their choice (Article 30).
(l) The State shall endeavour to secure for all the citizens a Uniform Civil Code (Article 44).
- The Western concept of secularism connotes a complete separation between the religion (the church) and the state (the politics).
- This negative concept of secularism is inapplicable in the Indian situation where the society is multi religious.
- Hence, the Indian Constitution embodies the positive concept of secularism, i.e., giving equal respect to all religions or protecting all religions equally.
- Moreover, the Constitution has also abolished the old system of communal representation, that is, reservation of seats in the legislatures on the basis of religion.
- However, it provides for the temporary reservation of seats for the scheduled castes and scheduled tribes to ensure adequate representation to them.
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