Question Discussion & Solution

The correct answer is The British North-American Act.

Key Points

• The concept of "A Union of States in the Indian Constitution" has been derived from The British North-American Act.
• Federation with a strong Centre is what we call A Union of States in the Indian Constitution hence it is taken from the Canadian constitution i.e  The British North-American Act.

Additional Information

• Concept of Concurrent list, Article 108, Joint sitting of the two houses and Freedom of trade and commerce is taken from Australian Constitution.
• Impeachment of the president, Functions of president and vice-president, Removal of Supreme Court and High court judges, Fundamental Rights, Judicial review, Independence of the judiciary, and the Preamble of the constitution of the Indian constitution is taken from the constitution of the USA.
• Centrifugal form of federalism where the center is stronger than the states, Residuary powers vest with the center, Centre appoints the Governors at the states, Advisory jurisdiction of the supreme court of the constitution of the Indian constitution is taken from the constitution of Canada.
• Fundamental duties and ideals of justice (social, economic, and political),  expressed in the Preamble are taken from the constitution of Russia.
• Concepts of Republic and Ideals of Liberty, Equality, and Fraternity (contained in the Preamble) are taken from the constitution of France.
• Fundamental Rights are suspended during Emergencies are taken from the constitution of Germany.
• The election of members of the Rajya Sabha and the Amendment of the Constitution is taken from the constitution of South Africa.
• The concept of procedure established by Law is taken from the constitution of Japan.

The correct answer is Option 2.

• There is no provision for a joint sitting of the Legislative Council and the legislative assembly. In the case of a disagreement, the decision of the Assembly is deemed final. Hence statement 2 is incorrect.

Key Points

State legislature:

• In most states, the Legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha). This means that these states have unicameral Legislature.
• In a few states, there are two houses of the Legislature namely, Legislative Assembly (Vidhan Sabha) and Legislative council (Vidhan Parishad) besides the Governor. Where there are two Houses, the Legislature, is known as bicameral. 
• Legislative Assembly (Vidhan Sabha):
  • There is a Legislative Assembly (Vidhan Sabha) in every State. It represents the people of the State.
  • The members of Vidhan Sabha are directly elected by people on the basis of the universal adult franchise.
  • They are directly elected by all adult citizens registered as voters in the State. 
  • Members are elected from territorial constituencies.
  • Every State is divided into as many (single member) constituencies as the number of members to be elected.
  • As in the case of Lok Sabha, a certain number of seats are reserved for Scheduled Castes, and in some States for Scheduled Tribes also.
  • This depends on the population of these weaker sections in the State.
  • In order to become a Member of Vidhan Sabha a person must: be a citizen of India; have attained the age of 25 years; his/her name must be in voters’ list; must not hold any office of profit i.e.; should not be a government servant. Hence statement 3 is correct.
• Legislative Council (Vidhan Parishad):
  • Vidhan Parishad is the upper House of the State Legislature. It is not in existence in every State.
  • Very few States have a bicameral Legislature that means having two Houses.
  • The Parliament can create Vidhan Parishad in a State where it does not exist, if the Legislative Assembly of the State passes a resolution to this effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting, and sends the resolution to the Parliament.
  • Similarly, if a State has a Council and the Assembly wants it to be abolished, it may adopt a resolution by a similar majority and send it to Parliament. In this situation, Parliament resolves to abolish the concerned Legislative Council.
  • According to the Constitution, the total number of members in the Vidhan Parishad of a State should not exceed one-third of the total number of members of Vidhan Sabha but this number should not be less than 40. Hence statement 4 is correct.
  • The Vidhan Parishad is partly elected and partly nominated. Most of the members are indirectly elected in accordance with the principle of proportional representation by means of a single transferable vote system. 
• Sessions of the State Legislature: The State Legislature meets at least twice a year and the interval between two sessions cannot be more than six months. Hence statement 1 is correct.
• The Governor summons and prorogues the sessions of State Legislature.
• He addresses the Vidhan Sabha or both Houses (if there is a bi-cameral Legislature) at the commencement of the first session after each general election and at the commencement of the first session of the year

The correct answer is Article 108

Key Points

• Article 108:
  • Article 108 of the Indian Constitution of India provides for Joint sitting of both Houses.
  • The joint sitting of the Parliament is called by the President.
  • It is presided over by the Speaker or, in his absence, by the Deputy Speaker of the Lok Sabha or in his absence, the Deputy-Chairman of the Rajya Sabha.
  • The Chairman doesn't preside over the joint session at any means/cost.
  • The joint sitting of both the houses is also held to resolve the deadlock over the passing of key legislation.
  • Not all bills can be referred to a joint sitting of Parliament.
  • There are two exceptions: The money bill under Article 110 and the Constitution amendment bill under Article 368.
  • The Secretary-General shall issue summons to each member specifying the time and place for a joint sitting.
  • The duration and adjournment of the joint sitting shall be determined by the Speaker.
  • The quorum to constitute a joint sitting shall be one-tenth of the total number of members of the Houses.
  • The procedures of joint sessions are subject to modifications and variations as the Speaker may consider necessary or appropriate.

Additional Information

•  Article 72:
  • Article 72 empowers the President the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
• Article 102:
  • Disqualifications for membership. 
  • The Centre is considering a constitutional amendment to define the term ‘office of profit’ and the exempted categories.
  • The draft amendment proposes to exempt advisors appointed by the Centre or states and those appointed to discharge legislative functions such as the leader of the opposition, chief whips, etc from disqualification related to the ‘office of profit’.
• Article 111:
  • Veto Power of the President of India is guided by Article 111 of the Indian Constitution.
  • Three Types of Veto Power: Absolute veto, Suspensive veto and Pocket veto.
  • Exception: The President has no veto power when it comes to the constitutional amendment bills.
• Absolute Veto:
  • It refers to the power of the President to withhold his assent to a bill passed by the Parliament.
  • The bill then ends and does not become an act.
• Suspensive Veto:
  • The President uses a suspensive veto when he returns the bill to the Indian Parliament for its reconsideration.
  • If the Parliament resends the bill with or without amendment to the President, he has to approve the bill without using any of his veto powers.
• Pocket Veto:
  • The bill is kept pending by the President for an indefinite period when he exercises his pocket veto.
  • He neither rejects the bill nor returns the bill for reconsideration.

The correct answer is Jhajjar.

Key Points

• Bhagwat Dayal Sharma, also known as Panditji, was the first Chief Minister of Haryana.
  • He was born in Beri, a town in the Jhajjar district of Haryana, on 26 January 1918.
  • He was appointed first Chief Minister of Haryana on 1 November 1966 and represented the Jhajjar constituency.
  • He also took active participation in the freedom struggle from 1941–47.
  • He also served as the Governor of Odisha and Madhya Pradesh from 30 April 1980 to 14 May 1984.
  • He died on 22 February 1993 because of old age-related issues.

The correct answer is January 2021.

• Rajya Sabha has passed The Jammu and Kashmir Reorganisation (Amendment) Bill, 2021.
• It will replace Jammu and Kashmir Reorganisation (Amendment) Ordinance of 2021 which merged the Jammu and Kashmir cadre of the IAS, IPS, and IFS with the Arunachal Pradesh, Goa, Mizoram, and Union Territory cadre, also known as AGMUT cadre.
• The President had promulgated the ordinance in January 2021.