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Prelims-IAS –POLITY MCQ Ans-41

1..Consider the following statements regarding National Human Rights Commission (NHRC):

  1. It is a constitutional body.
  2. The chairman should be a retired Chief Justice of India.
  3. Its recommendations are binding on the government.

Which of the statements given above is/are correct?

(a) 2 only
(b) 1 and 2 only
(c) 3 only
(d) 1, 2 and 3
  • The National Human Rights Commission is a statutory (and not a constitutional) body.
  • It was established in 1993 under a legislation enacted by the Parliament, namely, the Protection of Human Rights Act, 1993.
  • The commission is a multi-member body consisting of a chairman and four members.
  • The chairman should be a retired Chief Justice of India, and members should be serving or retired judges of the  Supreme Court, a serving or retired chief justice of a high court and two persons having knowledge or practical experience with respect to human rights.
  • In addition to these full-time members, the commission also has four ex-officio members i.e. the chairmen of the National Commission for Minorities, the National Commission for SCs, the National Commission for STs and the National Commission for Women.
    • The functions of the commission are mainly recommendatory in nature.
    • It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim.
    • Notably, its recommendations are not binding on the concerned government or authority.
    • But, it should be informed about the action taken on its recommendations within one month.
    • ANS-A

2..With respect to the Right to Constitutional Remedies, consider the following statements:

  1. It can be taken away by an amendment of the Constitution.
  2. The right to move to the Supreme Court cannot be suspended under any circumstances.

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

  • Being the basic structure of the Constitution, as ruled by the SC, Article 32 (Right to Constitutional Remedies) cannot be abridged or taken away even by an amendment of the Constitution.
  • The right to move the SC for the enforcement of the FRs, as provided by the Constitution, can be suspended by the President during a national emergency (Article 359).
  • Thus Article 32 cannot be abridged/curtailed but can be temporarily suspended.
  • ANS-D

3..Which of the following options is/are available to the President when a Constitution Amendment Bill is presented to him/her for assent?

  1. Give assent to the bill
  2. Withhold assent to the bill
  3. Return the bill for reconsideration of the Parliament

Select the correct answer using the code given below.
(a) 1 only
(b) 1 and 2 only
(c) 3 only
(d) None

  •  

    After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.

  • The President must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament.
  • (The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a constitutional Amendment Bill)
  • ANS-A

4..Imposition of President’s rule in a state would be improper under which of the following situations?

  1. In case of hung assembly after general elections.
  2. Where a ministry resigns and no other party is able to form ministry commanding majority.
  3. Maladministration in the state due to allegations of corruption.

Select the correct answer using the code given below.

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

 

Imposition of President‘s Rule in a state would be proper in the following situations-

  Where after general elections to the assembly, no party secures a majority, that is, ‘Hung Assembly’.

  Where the party having a majority in the assembly declines to form a ministry and the governor cannot find a coalition ministry commanding a majority in the assembly.

  Where a ministry resigns after its defeat in the assembly and no other party is willing or able to form a ministry commanding a majority in the assembly.

  Where a constitutional direction of the Central government is disregarded by the state government.

  Internal subversion where, for example, a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt.

  Physical breakdown where the government wilfully refuses to discharge its constitutional obligations endangering the security of the state.

The imposition of President‘s Rule in a state would be improper under the following situations:

  • Where a ministry resigns or is dismissed on losing majority support in the assembly and the governor recommends imposition of President‘s Rule without probing the possibility of forming an alternative ministry.
  • Where the governor makes his own assessment of the support of a ministry in the assembly and recommends imposition of President‘s Rule without allowing the ministry to prove its majority on the floor of the Assembly.
  • Where the ruling party enjoying majority support in the assembly has suffered a massive defeat in the general elections to the Lok Sabha such as in 1977 and 1980.
  • Internal disturbances not amounting to internal subversion or physical breakdown.
  • Maladministration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state.
  • Where the state government is not given prior warning to rectify itself except in case of extreme urgency leading to disastrous consequences.
  • Where the power is used to sort out intra-party problems of the ruling party, or for a purpose extraneous or irrelevant to the one for which it has been conferred by the Constitution.
  • ANS-B

5..With reference to Financial Emergency, consider the following statements:

  1. Once approved by the Parliament, the Financial Emergency continues indefinitely till it is revoked.
  2. During the operation of a financial emergency, the salaries charged on the Consolidated Fund of India cannot be reduced.
  3. It was declared for the first time during the Financial Crisis of 1991.

Which of the statements given above is/are correct?

(a)  1 only
(b)  1 and 2 only
(c)  2 and 3 only
(d)  1, 2 and 3
  • Article 360 of the Indian Constitution deals with the financial emergency.
  • It empowers the President to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
  • A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue.
  • Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked.
  • This implies two things: 1. there is no maximum period prescribed for its operation; and repeated parliamentary approval is not required for its continuation. A resolution approving the proclamation of financial emergency can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that house present and voting.
  • A proclamation of Financial Emergency may be revoked by the president at anytime by a subsequent proclamation. Such a proclamation does not require the parliamentry approval.
  • During financial emergency the president may issue directions for the reduction of salaries and allowances of the judges of supreme court and high court.
  • No financial emergency has been declared so far.
  • ANS-A

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