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1. State Legislature Can Prescribe Residence As a Condition for Certain Q.1) Consider the following statements: general rule of equality of opportunity in public 1. State Legislature can prescribe residence as a employment: condition for certain employment in a State. 1. Parliament can prescribe residence as a 2. The State can provide for reservation of condition for certain employment or appointments in favour of any backward appointment in a state or union territory or class that is not adequately represented in the local authority or other authority. As the state services. Public Employment (Requirement as to Which of the statements given above is/are Residence) Act of 1957 expired in 1974, correct? there is no such provision for any state except a) 1 only Andhra Pradesh and Telangana. b) 2 only 2. The State can provide for reservation of c) Both 1 and 2 appointments or posts in favour of any d) Neither 1 nor 2 backward class that is not adequately represented in the state services. Ans) b 3. A law can provide that the incumbent of an Exp) Statement 1 is incorrect. (Article office related to religious or denominational 35(a)(i))Parliament shall have and the legislature institution or a member of its governing body of a state shall not have power to make laws - should belong to a particular religion or a) Prescribing residence as a condition for denomination. certain employments or appointments in a Source) Page 166, 195 laxmikanth 5th edition state or union territory or local authority or other authority (Article 16). Q 2.) Which of the following provisions of the b) Empowering courts other than the Supreme Constitution seek to achieve political equality in Court and the high courts to issue directions, India? orders and writs of all kinds for the 1. No person is to be declared ineligible for enforcement of fundamental rights (Article inclusion in electoral rolls on grounds of 32). religion, race, caste or sex. c) Restricting or abrogating the application of 2. Equality of opportunity in matters of public Fundamental Rights to members of armed employment. forces, police forces, etc. (Article 33). 3. Elections to the Lok Sabha and the state d) Indemnifying any government servant or any assemblies to be on the basis of adult other person for any act done during the suffrage. operation of martial law in any area (Article 4. Abolition of untouchability. 34). Select the correct answer using the code given Statement 2 is correct. Article 16 provides for below. equality of opportunity for all citizens in matters a) 1 and 3 only of employment or appointment to any office b) 1, 3 and 4 only under the State. No citizen can be discriminated c) 2 and 4 only against or be ineligible for any employment or d) 1, 2, 3 and 4 office under the State on grounds of only religion, race, caste, sex, descent, place of birth or Ans) a residence. There are three exceptions to this Exp) The term ‘equality’ means the absence of special privileges to any section of the society, and the provision of adequate opportunities for all Ans ) c individuals without any discrimination. The Preamble secures to all citizens of India Explanation equality of status and opportunity. This provision embraces three dimensions of equality—civic, Statement 1 is correct: The distribution of political and economic. legislative powers between the Centre and the The following provisions of the chapter on states is rigid. Consequently, the Centre cannot Fundamental Rights ensure civic equality: delegate its legislative powers to the states and a a) Equality before the law (Article 14). single state cannot request the Parliament to make b) Prohibition of discrimination on grounds of a law on a state subject. The distribution of religion, race, caste, sex or place of birth executive power in general follows the distribution of legislative powers. But such a rigid (Article 15). division in the executive sphere may lead to c) Equality of opportunity in matters of occasional conflicts between the two. Hence, the public employment (Article 16). Constitution provides for inter-government d) Abolition of untouchability (Article 17). delegation of executive functions in order to e) Abolition of titles (Article 18). mitigate rigidity and avoid a situation of Hence, statements 2 and 4 are incorrect. deadlock. There are two provisions in the Constitution that seek to achieve political equality. One, no Statement 2 is correct: The Constitution person is to be declared ineligible for inclusion in (Article 258) also makes a provision for the electoral rolls on grounds of religion, race, caste entrustment of the executive functions of the or sex (Article 325). Two, elections to the Lok Centre to a state without the consent of that state. Sabha and the state assemblies to be on the basis But, in this case, the delegation is by the of adult suffrage (Article 326). Hence, Parliament and not by the president. Thus, a law statements 1 and 3 are correct. made by the Parliament on the subject of the The Directive Principles of State Policy (Article Union List can confer powers and impose duties 39) secures to men and women equal right to an on a state, or authorise the conferring of powers adequate means of livelihood and equal pay for and imposition of duties by the Centre upon a equal work. state (irrespective of the consent of the state Source) Indian Polity by M Laxmikant; Chapter concerned). Notably, the same thing cannot be – 4: Preamble of the Constitution; Topic – done by the state legislature. Equality. Source) Laxmikanth Page no 14.5 Q. 3. ) Consider the following statements 1. The distribution of legislative powers Q. 4) Consider the following statements: between the centre and the states is rigid. 1. The qualifications of the chairman and 2. Parliament can entrust an executive function members of the Finance Commission and the of the centre to state even without its consent. manner in which they should be selected are Which of the statements given above is/are given in the Finance Commission Act, 1951. correct? 2. The recommendations made by the Finance a) 1 only Commission are binding on the government. b) 2 only 3. A judge of high court is qualified to become c) Both 1 and 2 a member of the Finance Commission. d) Neither 1 nor 2 Which of the statements given above is/are recommendations of the commission shall be correct? binding upon the Government of India or that it a) 1 only would give rise to a legal right in favour of the b) 2 and 3 only beneficiary states to receive the money c) 1 and 3 only recommended to be offered to them by the d) 1, 2 and 3 Commission’. Ans) c As rightly observed by Dr. P.V. Rajamannar, the Exp) Statement 1 is correct. Article 280 of the Chairman of the Fourth Finance Commission, Constitution of India provides for a Finance “Since the Finance Commission is a Commission as a quasi-judicial body. It is constitutional body expected to be quasi-judicial, constituted by the president of India every fifth its recommendations should not be turned down year or at such earlier time as he considers by the Government of India unless there are very necessary. compelling reasons”. Composition: The Finance Commission consists Source) Indian Polity by M Laxmikant; Chapter of a chairman and four other members to be – 45: Finance Commission. appointed by the president. They hold office for such period as specified by the president in his Q. 5) With reference to the sessions of order. They are eligible for reappointment. The Parliament, what is/are the difference/differences Constitution authorises the Parliament to between Adjournment and Prorogation? determine the qualifications of members of the 1. Adjournment is done by presiding officer commission and the manner in which they should of the House whereas prorogation is done be selected. Accordingly, the Parliament has by the President of India. specified the qualifications of the chairman and 2. All the bills pending before the House members of the commission in the Finance lapse on the prorogation of the House. Commission Act 1951. 3. Adjournment only terminates a sitting of the House whereas prorogation not only The chairman should be a person having terminates a sitting but also a session of the experience in public affairs and the four other House. members should be selected from amongst the Which of the statements given above is/are following: correct? 1. A judge of high court or one qualified to be a) 1 and 3 only appointed as one. b) 2 only 2. A person who has specialised knowledge of c) 2 and 3 only finance and accounts of the government. d) 3 only 3. A person who has wide experience in Ans) a financial matters and in administration. Exp) Adjournment: 4. A person who has special knowledge of 1. It only terminates a sitting and not a economics. session of the House. Hence, statement 1 and 3 are correct. 2. It is done by presiding officer of the Statement 2 is incorrect. The recommendations House. made by the Finance Commission are only of 3. It does not affect the bills or any other advisory nature and hence, not binding on the business pending before the House and the government. It is up to the Union government to same can be resumed when the House implement its recommendations on granting meets again. money to the states. To put it in other words, ‘It Prorogation: is nowhere laid down in the Constitution that the 1. It not only terminates a sitting but also a session of the House. 2. It is done by the President of India.
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