Indian Polity & Constitution MCQs

Notes:
Finance Commission of India is established by President of India as per Article 280 of the constitution.
Article 280 reads: President should, within two years of commencement of the Constitution and thereafter on expiry of every 5th year, or at such intervals as he/ she thinks necessary, would constitute a Finance Commission.

Notes:
The Constitution (73rd Amendment) Act, 1992 makes the following salient provisions:

• To provide 3-tier system of Panchayati Raj for all the States having population of over 20 Lakhs.
• To hold Panchayat Elections regularly every 5 years.
• To provide reservation of seats for Scheduled Castes, Scheduled Tribes and Women (not less than 33%)
• To appoint State Finance Commission to make recommendations as regards the financial powers of the Panchayats.
• To constitute District Planning Committee to prepare draft development plan for the district as a whole.

Notes:
As per article 76(1), Attorney General is appointed by President for a period decided by him. The AG remains in office during pleasure of the president and thus has no fixed tenure.

Notes:
Constitution (69th) Amendment Act, 1991 granted special status to Delhi and declared it the National Capital Territory. A Lieutenant Governor was nominated as Administrator of Delhi and legislative assembly was created for Delhi.

Notes:
Both Notified Area Committee & Town Area Committee are included in the Nagar Panchayat. Nagar Panchayat is an area which is being transformed from a rural area to an urban area.

Notes:
Habeas Corpus literally means ‘to have the body of’. Via this writ, the court can cause any person who has been detained or imprisoned to be physically brought before the court. The court then examines the reason of his detention and if there is no legal justification of his detention, he can be set free. Such a writ can be issued in following example cases:

• When the person is detained and not produced before the magistrate within 24 hours
• When the person is arrested without any violation of a law.
• When a person is arrested under a law which is unconstitutional
• When detention is done to harm the person or is malafide.

Thus, Habeas corpus writ is called bulwark of individual liberty against arbitrary detention. A general rule of filing the petition is that a person whose right has been infringed must file a petition. But Habeas corpus is an exception and anybody on behalf of the detainee can file a petition. Habeas corpus writ is applicable to preventive detention also. This writ can be issued against both public authorities as well as individuals.

Notes:
If the person is of Indian origin, then he / she has to be ordinary resident of India for seven years before making application towards getting citizenship by registration.

Notes:
In Kerala Education Bill (1957), the  Supreme Court said that in case of a conflict between Fundamental Right and Directive Principles, the principle of harmonious construction should be applied. The court observed that: “though the directive principles can not override the fundamental rights, nevertheless, in determining the scope and ambit of fundamental rights the court could not entirely ignore the directive principle but should adopt the principle of harmonious construction and should attempt to give effect to both as much as possible“.

Notes:
Inner cabinet has not been stipulated by the Constitution. The Prime Minister of India presides the cabinet meeting. Members of cabinet are chosen by the Prime Minister. The proceedings of the cabinet are kept secret.

Notes:
D. Jatti had worked as Chief Minister of State of Mysore. Neelam Sanjiva Reddy had worked as Chief Minister of Andhra Pradesh. Zail Singh worked as Chief Minister of Punjab. Dr. Shankar Dayal Sharma had served as Chief Minister of Bhopal State.