President, PM & Parliament — Set 15

Correct Answer: B. Collective responsibility of cabinet to legislature

The Parliamentary system of government in India is based on the principle of collective responsibility of the Council of Ministers (Cabinet) to Lok Sabha (Article 75(3)). All ministers are collectively responsible for all decisions of the cabinet — if Lok Sabha passes a vote of no-confidence, the entire cabinet must resign. This is distinct from the Presidential system (as in the USA) where the executive is not responsible to the legislature. The PM is 'first among equals' in the cabinet.

Correct Answer: B. Parliament by passing a law

The correct answer is Parliament by passing a law. In India, there is no constitutional provision for the President to declare national holidays by proclamation. National holidays are declared through legislation — the Negotiable Instruments Act contains provisions for bank/public holidays. The Central Government may declare certain days as restricted holidays or gazetted holidays through executive orders. State governments can declare state-level public holidays. The three national holidays declared by law are Republic Day (26 Jan), Independence Day (15 Aug), and Gandhi Jayanti (2 Oct).

Correct Answer: C. Article 143

Article 143 empowers the President to refer a question of law or fact of public importance to the Supreme Court for its advisory (consultative) opinion. The Supreme Court may, after such hearing as it thinks fit, report to the President its opinion thereon. The Supreme Court's opinion under Article 143 is advisory and not binding — the President is not obligated to act on it. This advisory jurisdiction is distinct from the Supreme Court's regular adjudicatory jurisdiction under Article 131 or 32.

Correct Answer: B. Unforeseen expenditures at the disposal of the President

The Contingency Fund of India (established under Article 267) is at the disposal of the President to enable advances to be made for meeting unforeseen expenditures pending authorization from Parliament. It is a small corpus fund (₹500 crores initially, enhanced over time). Any amount spent from the Contingency Fund must subsequently be authorized through a supplementary demand for grants. This is distinct from the Public Account and Consolidated Fund. States have similar funds at the disposal of Governors.

Correct Answer: C. Lok Sabha is dissolved

When Lok Sabha is dissolved (either on completion of its term or by the President), all bills pending before it lapse. Bills pending in Rajya Sabha that had not been passed by Lok Sabha also lapse. However, bills pending in Rajya Sabha that had already been passed by Lok Sabha do not lapse — they continue. Constitutional Amendment Bills do not lapse even when Lok Sabha is dissolved. Bills passed by both Houses but awaiting presidential assent also do not lapse.

Correct Answer: C. Supreme Court of India

Article 71 provides that all doubts and disputes arising out of or in connection with the election of the President or Vice President shall be inquired into and decided by the Supreme Court of India, whose decision shall be final. This gives the Supreme Court original jurisdiction in election disputes relating to these two constitutional offices. The Supreme Court cannot declare an election void on the ground that certain persons entitled to vote did not have an opportunity to do so.

Correct Answer: B. Public Accounts Committee

The Public Accounts Committee (PAC) examines the audit reports of the Comptroller and Auditor General (CAG) relating to the accounts of the Union Government. The PAC has 22 members (15 from Lok Sabha + 7 from Rajya Sabha) and is chaired by an opposition member by convention (since 1967). The PAC examines whether money has been spent for the purposes for which it was voted and brings irregularities to Parliament's attention. It is one of the three financial committees of Parliament.

Correct Answer: C. Creating new all-India Services

Under Article 312, the Rajya Sabha can declare by a resolution, passed by 2/3 of its members present and voting, that it is necessary in the national interest to create new all-India services common to the Union and the States. This is a special power of Rajya Sabha exclusively. Rajya Sabha also has the special power under Article 249 to authorize Parliament to legislate on State List subjects in national interest. These special powers protect the interests of the states in the federal system.

Correct Answer: B. Parliament has the power to amend the Constitution subject to basic structure

In India, Parliamentary sovereignty is qualified (not absolute like the British Parliament). Parliament has wide powers including the power to amend the Constitution under Article 368, but this power is limited by the Basic Structure doctrine (Kesavananda Bharati, 1973). Courts can strike down parliamentary laws if they violate Fundamental Rights or the basic structure. The Indian Constitution has distributed sovereignty among Parliament, President, judiciary, and states through a federal structure.

Correct Answer: B. Article 93

Article 93 provides for the election of the Deputy Speaker of Lok Sabha from among its members. The Deputy Speaker performs the duties of the Speaker when the Speaker's office is vacant or when the Speaker is absent. The Deputy Speaker can be removed by a resolution of Lok Sabha by an effective majority. Unlike the Speaker, there is no constitutional provision requiring the Deputy Speaker to vacate the chair when a resolution for their removal is under consideration. The Deputy Speaker chairs committees.