Daily Current Affairs (MCQ's) | 29-08-2022

Q1. Which of the following pairs are correctly matched?

Select the correct option from the code given below

1. 1 and 2 only
2. 2 and 3 only
3. 1 and 3 only
4. 1, 2 and 3

Answer (a)

Explanation:

Pair 3 is not correctly matched. It should be easy to recognise that articles 352-360 are related to the emergency.

The following table lists the Parts and Articles of the Indian Constitutions

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Q2. Consider the following statements

1. The Parliament can abolish a legislative council or create it by a special majority
2. The Legislative Council of a state shall not have more than one- fourth of the total strength of the State Assembly, and not less than 40 members

Which of the above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer (d)

Explanation:

1. The Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.
2. Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members.
3. Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
4. Six States having a Legislative Council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra,Karnataka.
5. Manner of Election
   1. One-third of the MLCs are elected by the state’s MLAs,
   2. Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards,
   3. 1/12th by an electorate of teachers and another 1/12th by registered graduates.
   4. The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science art, cooperative movement and social service.

Q3. Consider the following statements about the Constitution of India

1. The centre can give directions to states on how to implement laws made by Parliament
2. The executive power of the states should be exercised in a manner that does not “impede or prejudice” the executive power of the Centre

Which of the above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer (c)

Explanation:

To manage the ongoing COVID-19 pandemic the Centre took recourse to Article 256 of the Constitution, which stipulates that the Centre can give directions on how to implement laws made by Parliament. Moreover, Article 257 states that the executive power of the states should be exercised in a manner that does not “impede or prejudice” the executive power of the Centre.

The Centre also took recourse to two other laws which provide the Centre and the states the statutory basis for acting against the pandemic: the Epidemic Diseases Act, 1897 (EDA) and the Disaster Management Act, 2005 (DMA).

Article 256. The obligation of States and the Union The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

257. Control of the Union over States in certain cases

• The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose

Q4. Which of the following statements about the Constituent Assembly is/are correct?

1. The members of the Constituent Assembly were chosen on the basis of the provincial elections of 1946
2. The Constituent Assembly did not include representatives of the Princely States
3. The discussions    within    the    Constituent     Assembly   were not influenced by opinions expressed by the public

Select the correct answer using the code given below.

1. 1 only
2. 2 and 3
3. 1 and 2 only
4. 1, 2 and 3

Answer (a)

Explanation:

On the basis of the framework provided by the Cabinet Mission, a Constituent Assembly was constituted on 9th December 1946. The Constitution-making body was elected by the Provincial Legislative Assemblies elected in 1946 elections consisting of 389 members who included 93 from the Princely States and 296 from British India. (as constituent assembly had members from princely states statement 2 is incorrect) By elimination option (d) is correct.

The seats to the British Indian provinces and princely states were allotted in proportion to their respective population and were to be divided among Muslims, Sikhs and the rest of the communities. All sections of the Indian society got representation in the Constituent Assembly in spite of limited suffrage.

The influence of public discussion on the Constituent Assembly discussions

1. The newspaper reported assembly discussions
2. The Press also reported reaction of the public to the assembly debates
3. Criticism and counter-criticism in the Press by the public also shaped Assembly Debates
4. In order to create a sense of collective participation, the public was also asked to send in their views on what needed to be done.

Q5. Consider the following statements with respect to the judiciary in India

1. Unlike in the United States, India has not provided for a double system of courts
2. The organization of the subordinate judiciary is same in all the states

Which of the above statements is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer (a)

Explanation:

1. Though we have adopted a federal system, the Constitution of India has not provided for a double system of Courts as in the United
2. Under our Constitution, there is a single integrated system of courts for the Union as well as the States which administer both Union and State laws.
3. At the head of the entire system stands the Supreme Court of India. Below the Supreme Court stand the High Courts of the different States and under each High Court, there is a hierarchy of other Courts which are referred to in the Constitution as subordinate courts i.e. courts subordinate to and under the control of the High court (Article 233-237).
4. The organisation of the subordinate judiciary varies slightly from State to State. At the lowest stage, the two branches of justice, civil and criminal, are bifurcated.
5. The Panchayat Courts also function on two sides, Civil and Criminal, under various indigenous names, such as the Nyaya Panchayat, Panchayat Adalat, Gram Kutchenry and the like. In some States, the Panchayat Courts are the Criminal Courts of the lowest jurisdiction, in respect of petty cases.

Q6. Consider the following statements

1. International Commercial Arbitration can not be initiated in the Supreme Court
2. Among the Union Territories, Delhi alone has a High Court of its own

Which of the above statements is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer (b)

Explanation:

1. Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court.
2. The High Court stands at the head of a State's judicial There are 24 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories, Delhi alone has a High Court of its own. Other six Union Territories come under the jurisdiction of different State High Courts.