Indian Polity
16. Consider the following statements :
The Supreme Court of India tenders advice to the President of India on matters of law or fact
1. on its own initiative (on any matter of larger public interest).
2. if he seeks such an advice.
3. only if the matters relate to the Fundamental Rights of the citizens.
Which of the statements given above is/are correct ?
(a) 1 only
(b) 2 only
(c) 3
(d) 1 and 2
Answer: (d)
Explanation: The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.
Article 143: Power of President to consult Supreme Court:
(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.
(2) The President may, notwithstanding anything in the proviso to article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.
Source: Introduction to Indian Constitution by D.D. Basu
17. With reference to the Constitution of India, consider the following:
1. Fundamental Rights
2. Fundamental Duties
3. Directive Principles of State Policy
Which of the above provisions of the Constitution of India is/are fulfilled by the National Social Assistance Programme launched by the Government of India ?
(a) 1 only
(b) 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (b)
Explanation: The National Social Assistance Programme (NSAP) which came into effect from 15th August, 1995, is a 100 % Centrally Sponsored Programme. It has three components namely, National Old Age Pension Scheme (NOAPS), National Family Benefit Scheme (NFBS) and National Maternity Benefit Scheme (NMBS). The NMBS has since been transferred to the Ministry of Health & Family Welfare w.e.f. 1-4-2001. The NSAP aims at providing social security in case of old age, death of primary breadwinner and maternity.
Source: http://rural.nic.in/book01-02/ch-7.pdf
18. Which one of the following authorities makes recommendation to the Governor of a State as to the principles for determining the taxes and duties which may be appropriated by the Panchayats in that particular State?
(a) District Planning Committees
(b) State Finance Commission
(c) Finance Ministry of that State
(d) Panchayati Raj Ministry of that State
Answer: (b)
Explanation: Article 243-I of the Constitution: Constitution of Finance Commission to review financial position:
(1) The Governor of a State shall, as soon as may be within one year from the commencement of the Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Panchayats and to make recommendations to the Governor as to-
(a) the principles which should govern-
(i) the distribution between the State and the Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Panchayats at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Panchayat;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Panchayats;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Panchayats.
(2) The Legislature of a State may, by law, provide for the composition of the commission, the qualifications which shall be requisite for appointment as members thereof and the manner in which they shall be selected.
(3) The Commission shall determine their procedure and shall have such powers in the performance of their functions as the Legislature of the State may, by law, confer on them.
(4) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
Source: Our Constitution by Subhash C Kashyap
19. Who of the following shall cause every recommendation made by the Finance Commission to be laid before each House of Parliament ?
(a) The President of India
(b) The Speaker of Lok Sabha
(c) The Prime Minister of India
(d) The Union Finance Minister
Answer: (a)
Explanation: Article 280. Finance Commission.-
(1) The President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.
(2) Parliament may by law determine the qualifications which shall be requisite for appointment as members of the Commission and the manner in which they shall be selected.
(3) It shall be the duty of the Commission to make recommendations to the President as to-
(a) the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them under this Chapter and the allocation between the States of the respective shares of such proceeds;
(b) the principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India;
[(bb) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;]
[(c) the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;]
[(d)] any other matter referred to the Commission by the President in the interests of sound finance.
(4) The Commission shall determine their procedure and shall have such powers in the performance of their functions as Parliament may by law confer on them.
Source: Our Constitution by Subhash C Kashyap
20. Which one of the following is responsible for the preparation and presentation of Union Budget to the Parliament ?
(a) Department of Revenue
(b) Department of Economic Affairs
(c) Department of Financial Services
(d) Department of Expenditure
Answer: (b)
Explanation: The Budget is prepared at the behest of the Union Government by the Ministry of Finance which is responsible for arranging the fiscal affairs of the Union Government in the country. This Ministry of Finance is divided into five departments (i) Department of Economic Affairs, (ii) Department of Expenditure, (iii) Department of Revenue, (iv) Department of Disinvestment, and (v) Department Financial Services. Each of these departments are further classified into divisions and it is the 'Budget Division' under the Department of Economic Affairs, which is responsible for the preparation of the Union Budget.
Source: http://legalperspectives.blogspot.com/2008/02/unraveling-indian-budget-making-process.html
21. The "Instrument of Instructions" contained in the Government of India Act 1935 have been incorporated in the Constitution of India in the year 1950 as
(a) Fundamental Rights
(b) Directive Principles of State Policy
(c) Extent of executive power of State
(d) Conduct of business of the Government of India
Answer: (b)
Explanation: See the source
Source: http://parliamentofindia.nic.in/ls/debates/v10p10m.htm
22. With reference to Lok Adalats, which of the following statements is correct ?
(a) Lok Adalats have the jurisdiction to settle the matters at pre-litigative stage and not those matters pending before any court
(b) Lok Adalats can deal with matters which are civil and not criminal in nature
(c) Every Lok Adalat consists of either serving or retired judicial officers only and not any other person
(d) None of the statements given above is correct
Answer: (d)
Explanation: Lok Adalat is a system of alternative dispute resolution developed in India. It roughly means "People's court".
Cases that are pending in regular courts can be transferred to a Lok Adalat if both the parties agree. A case can also be transferred to a Lok Adalat if one party applies to the court and the court sees some chance of settlement after giving an opportunity of being heard to the other party.
These are usually presided by retired judge, social activists, or members of legal profession. It does not have jurisdiction on matters related to non-compoundable offences.
The First Lok Adalat was held in Chennai in 1986.
Source: http://en.wikipedia.org/wiki/Lok_Adalat
23. With reference to the Consumer Disputes Redressal at district level in India, which one of the following statements is not correct ?
(a) A State Government can establish more than one District Forum in a district if it deems fit
(b) One of the members of the District Forum shall be a woman
(c) The District Forum entertains the complaints where the value of goods or services does not exceed rupees fifty lakhs
(d) A complaint in relation to any goods sold or any service provided may be filed with a District Forum by the State Government as a representative of the interests of the consumers in general
Answer: (c)
Explanation: The Consumer Protection Act, 1986 mandates establishment of Consumer Protection Councils at the Centre as well as in each State and District, with a view to promoting consumer awareness. Each District Forum is headed by a person who is or has been or is eligible to be appointed as a District Judge. A written complaint, can be filed before the District Consumer Forum for pecuniary value of upto Rupees twenty lakh, State Commission for value upto Rupees one crore and the National Commission for value above Rupees one crore, in respect of defects in goods and or deficiency in service. The service can be of any description and the illustrations given above are only indicative. However, no complaint can be filed for alleged deficiency in any service that is rendered free of charge or under a contract of personal service.
At present, there are 604 District Forums and 34 State Commissions with the National Consumer Disputes Redressal Commission (NCDRC) at the apex. NCDRC has its office at Janpath Bhawan, A Wing, 5th Floor, Janpath, New Delhi.
Source: http://ncdrc.nic.in/
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