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Prelims-IAS –POLITY MCQ Ans-12

1… With reference to inter-state trade and commerce, consider the following statements:

  1. Constitution provides that trade, commerce and intercourse throughout the territory of India shall be free without any restrictions.
  2. Parliament cannot impose restrictions on the freedom of trade and commerce between the states in any case.

Which of the statements given above is/are correct?
(a) 1 only       (b) 2 only        (c) Both 1 and 2            (d) Neither 1 nor 2

  • Article 301 declares that trade, commerce and intercourse throughout the territory of India shall be free.
  • The freedom guaranteed by Article 301 is a freedom from all restrictions, except those which are provided for in the other provisions (Articles 302 to 305) of Part XIII of the Constitution itself. 
  • Parliament can impose restrictions on the freedom of trade, commerce and intercourse between the states or within a state in public interest.
  • But, the Parliament cannot give preference to one state over another or discriminate between the states except in the case of scarcity of goods in any part of India. Hence, statement 2 is not correct.
  • Ans-A

2… With reference to the Union Budget in India, consider the following statements:

  1. The term ‘Budget’ is not mentioned in the Constitution.
  2. The Rajya Sabha has no power to vote on the demand for grants.
  3. No demand for a grant shall be made except on the recommendation of the President.

Which of the statements given above is/are correct?

(a)  3 only         (b)  1 and 2 only        (c)  1 and 3 only          (d)  1, 2 and 3

  • The budget is a statement of the estimated receipts and expenditure of the Government of India in a financial year, which begins on 1 April and ends on 31 March of the following year.
  • The Constitution refers to the budget as the ‘annual financial statement’.
  • In other words, the term ‘budget’ has nowhere been used in the Constitution.
  • It is the popular name for the ‘annual financial statement’ that has been dealt with in Article 112 of the Constitution.
  • The Constitution of India contains some other provisions with regard to the enactment of the budget:
    • The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of estimated receipts and expenditure of the Government of India for that year.
    • No demand for a grant shall be made except on the recommendation of the President.
    • No money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law.
    • No money bill imposing tax shall be introduced in the Parliament except on the recommendation of the President, and such a bill shall not be introduced in the Rajya Sabha.
    • No tax shall be levied or collected except by authority of law.

The Constitution has also defined the relative roles or position of both the Houses of Parliament with regard to the enactment of the budget in the following way:
(a) A money bill or finance bill dealing with taxation cannot be introduced in the Rajya Sabha—it must be introduced only in the Lok Sabha.
(b) The Rajya Sabha has no power to vote on the demand for grants; it is the exclusive privilege of the Lok Sabha.

(c) The Rajya Sabha should return the Money bill (or Finance bill) to the Lok Sabha within fourteen days. The Lok Sabha can either accept or reject the recommendations made by Rajya Sabha in this regard.
7. The estimates of expenditure embodied in the budget shall show separately the expenditure charged on the Consolidated Fund of India and the expenditure made from the Consolidated Fund of India.
  • Ans-D

3.. “The pocket of the Indian President is bigger than that of American President.” Which among the following statements justifies the remark?
(a)  Indian President can withhold his assent to a bill while American President cannot.
(b)  Indian President can return the bill for reconsideration of Parliament while American President cannot.
(c)  Indian President enjoys absolute veto while American President does not.

(d)  Indian President can keep the bill pending for indefinite period while American President has to return the bill to the Congress within 10 days.

  • Indian President is vested with only 3 types of veto – pocket veto, suspensive veto and absolute veto.
  • American President does not enjoy pocket veto, i.e. he cannot simply keep the bill pending for an indefinite period, while Indian President can.
  • That is why it is remarked that Indian President has a bigger pocket.
  • Ans-D

4.. Which of the following electoral reforms have been implemented to make the elections more fair and transparent?

  1. Equitable sharing of air time on television by political parties.
  2. Reporting of contribution in excess of Rs 1,000 to the Election Commission.
  3. Declaration of criminal antecedents by the candidates.

Select the correct answer using the code given below.

(a)  1 and 2 only        (b)  2 and 3 only        (c)  1 and 3 only            (d)  1, 2 and 3

  • Under the Election and Other Related Laws (Amendment) Act, 2003, the Election Commission should allocate equitable sharing of time on the cable television network and other electronic media during elections to display or propagate any matter or to address public. This allocation would be decided on the basis of the past performance of a recognised political party. Hence, statement 1 is correct.
  • The political parties are entitled to accept any amount of contribution from any person or company other than a government company. However, they have to report any contribution in excess of Rs. 2,000 to the Election Commission for making any claim to any income tax relief. Besides, the companies would get income tax exemption on the amount contributed. Hence, statement 2 is not correct.
  • In 2003, the election Commission issued an order directing every candidate seeking election to the Parliament or a State Legislature to furnish on his nomination paper the information on whether the candidate has been convicted or acquitted or discharged in any criminal offence in the past. Hence, statement 3 is correct.
  • Ans-C

5.. In which of the following cases can the President exercise the discretionary powers?

  1. When he sends back advice given by the Council of Ministers and asks the council to reconsider the decision.
  2. When he withholds or refuses to give assent to a Money bill passed by the Parliament.
  3. When he dismisses the council of ministers after it cannot prove the confidence of the Lok Sabha.

Select the correct answer using the code given below.

(a)  1 and 3 only        (b)  2 only        (c)  2 and 3 only            (d)  1, 2 and 3

  • The President has no constitutional discretion, he has some situational discretion. In other words, the President can act on his discretion (that is, without the advice of the ministers) under the following situations:
    1. Appointment of Prime Minister when no party has a clear majority in the Lok Sabha or when the Prime Minister in office dies suddenly and there is no obvious successor.
    2. Dismissal of the council of ministers when it cannot prove the confidence of the Lok Sabha. Hence, statement 3 is correct.
    3. Dissolution of the Lok Sabha if the council of ministers has lost its majority.
    4. When the President thinks that the advice given by Council of Ministers has certain flaws or legal lacunae, or that it is not in the best interests of the country, the President can ask the Council to reconsider the decision. Hence, statement 1 is correct.
    5. The President can withhold or refuse to give assent to Bills (other than Money Bill) passed by the Parliament. Hence, statement 2 is not correct.
  • Ans-A

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