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Daily-static-mcqs 16 Jan 2024
Q1:
Consider the following statements: 1. The State Legislature and Parliament have the right to make legislation on subjects related to the residual list. 2. Parliament may make laws for the whole or any part of the territory of India. Which of the above statements is/are correct?
A: Only 1
B: Only 2
C: Both 1 and 2
D: Neither 1 nor 2
Answer: B
Explanation:
Those subjects which are not included in the Union, State and Concurrent lists are considered as residual subjects. Parliament has the right to make legislation on subjects related to the residual list. This residuary power also includes the power to make legislation regarding the imposition of residuary taxes. Hence statement 1 is not correct.
According to Article 245(1), the Parliament may make laws for the whole or any part of the territory of India and the Legislature of any State may make laws for the whole or any part of the State. Hence statement 2 is correct.
Q2:
With reference to Inter-State Council, consider the following statements: 1. Inter-State Council is a constitutional body. 2. The Chairman of the Inter-State Council is the Prime Minister. 3. It is an advisory body, in which decisions are taken on the basis of consensus. How many of the above statements are correct?
A: Only one
B: Only two
C: All three
D: None
Answer: C
Explanation:
Inter-State Council is a constitutional body. The provision for its establishment is made under Article of the Constitution. It has been done under 263. It is an advisory body, in which decisions are taken on the basis of consensus.
The Prime Minister is the Chairman of the Inter-State Council. Apart from this, six members of the Union Cabinet nominated by the Prime Minister including the Home Minister, Chief Ministers of all the States and Administrators of Union Territories are its members. Hence all the three statements are correct.
Q3:
Consider the following statements: 1. Part XIII of the Constitution provides for legislative relations between the Center and the States. 2. In the 7th Schedule of the Constitution, provision has been made for the allocation of powers and functioning between the Center and the States. Which of the above statements is/are correct?
A: Only 1
B: Only 2
C: Both 1 and 2
D: Neither 1 nor 2
Answer: B
Explanation:
The Indian Constitution has established federal polity. It has made clear and detailed division of powers between the Center and the states. Various provisions have been made under the Constitution which relate to legislative, administrative and financial relations. Provision for legislative relations between the Center and the States is made in Articles 245 to 255 of Part XI of the Constitution, and not in Part XIII. Hence statement 1 is not correct.
In the 7th Schedule of the Constitution, provisions for allocation of powers and functioning between the Center and the States have been made. There is a provision for three lists in it - (1) Union List, (2) State List and (3) Concurrent List. Hence statement 2 is correct.
Q4:
Consider the following statements: Statement-I: Indian Constitution is semi-federal. Statement-II: The Indian Constitution is neither federal nor unitary. Regarding the above statements, which one of the following is correct?
A: Both Statement-1 and Statement II are correct and Statement-II is the correct explanation of Statement-1.
B: Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation of Statement-I.
C: Statement-1 is correct but Statement-II is wrong
D: Statement-1 is wrong but statement II is correct
Answer: A
Explanation:
Semi-federal government is a mixture of federal and unitary governments. It is a system of government that balances the need for regional autonomy and a strong central authority. It allows for the sharing of power between the central government and regional governments. The Indian Constitution is considered semi-federal. Federalist theorist KC Wheare has considered the Indian Constitution as semi-federal. The term semi-federal implies that the Indian Constitution has both federal and unitary features. The Indian Constitution is federal, but it was not created by any contract between independent nations. It was formed by combining the princely states that were already part of independent unitary India.
Q5:
Under which one of the following articles of the Indian Constitution, provision is made for the establishment or abolition of the Legislative Council?
A: Article 168
B: Article 169
C: Article 170
D: Article 171
Answer: B
Explanation:
According to Article 169 (1) of the Constitution, the Parliament can establish or dissolve the second House i.e. the Legislative Council in the State by law only when the Legislative Assembly of the concerned State passes a resolution to this effect with a majority of the total members of the House and 2/3rd majority of the members present and voting. A law in relation to that can be passed by the Parliament like an ordinary bill by a simple majority and under Article 169(3) such law will not be deemed to be an amendment of this Constitution for the purposes of Article 368.