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Prelims-IAS –POLITY MCQ Ans-43

1..Consider the following statements regarding the Attorney General of India:

  1. The Constitution provides a fixed term of 5 years for the Attorney General of India.
  2. He is debarred from private legal practice.
  3. He enjoys the privileges available to a member of Parliament.

Which of the statements given above is/are correct?

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

  • 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.
  • ANS-C

2..Indian Constitution employs the expression ‘Proclamation of Emergency’ to denote:

(a)  National Emergency only
(b)  President’s Rule only
(c)  Financial Emergency only
(d)  National Emergency and President’s Rule
  • 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.
  • ANS-A

3.. Which of the following gives effect to the objective of the Preamble to secure for all its citizen equality, liberty and justice?

(a) Fundamental Rights
(b) Directive Principles of State Policy
(c) Fundamental Duties
(d) Power of Judicial Review
  • In India, like most other democracies in the world, rights are mentioned in the Constitution.
  • Some rights which are fundamental to our life are given a special status.
  • They are called Fundamental Rights.
  • The Preamble to our Constitution talks about securing for all its citizens equality, liberty and justice.
  • Fundamental Rights put this promise into effect.
  • They are an important basic feature of India‘s Constitution.
  • ANS-A

4..With reference to the President’s rule, consider the following statements:

1. It is imposed only when a state fails to comply with a direction from the Centre.
2. It can be extended to a maximum period of one year with parliamentary approval.
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
  • The President‘s Rule can be proclaimed under Article 356 on two grounds – one mentioned in Article 356 itself and another in Article 365:

 Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. Notably, the president can act either on a report of the governor of the state or otherwise too (ie, even without the governor‘s report).

  Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

  • It can be extended for a maximum period of three years with the approval of the Parliament, every six months.
  • ANS-D

5..Consider the following:

  1. President’s Rule
  2. National Emergency
  3. Martial Rule

Which of the above special circumstances has/have an effect on the Fundamental Rights of the Indian citizens?

(a)  1 only
(b)  2 only
(c)  2 and 3 only
(d)  1, 2 and 3
  • President’s rule has no effect on Fundamental Rights whereas National Emergency and Martial Rule have.
  • When a National Emergency is declared, the Fundamental Rights under Article 19 are automatically suspended and this suspension continues till the end of the emergency.
  • ANS-C

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