President, PM & Parliament — Set 16

Correct Answer: A. Article 72

Article 72 empowers the President to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offence. This power extends to cases where punishment is by a court martial, cases involving offences against Union laws, and cases where the sentence is the death penalty (the President can commute death sentence). The Governor's pardoning power under Article 161 excludes death sentences and court martial cases.

Correct Answer: B. By elected members of State Legislative Assemblies

Members of Rajya Sabha are elected by the elected members of the State Legislative Assemblies (Vidhan Sabhas) and the legislative assemblies of the Union Territories of Delhi and Puducherry. The election uses the system of proportional representation with the single transferable vote. A Rajya Sabha member represents the state in Parliament. States with larger populations have more Rajya Sabha seats. Union Territories without legislatures (except Delhi and Puducherry) do not elect Rajya Sabha members.

Correct Answer: D. Demands for Grants Committee (Departmentally Related Standing Committees)

The Departmentally Related Standing Committees (DRSCs) of Parliament examine the Demands for Grants of various Ministries and Departments. These committees were constituted in 1993 and cover all ministries. There are 24 such committees with 21-31 members from both Houses. They examine the budget proposals, policies, and functioning of ministries. Their reports are presented to Parliament and help in detailed scrutiny of government expenditure, which the full House cannot do given time constraints.

Correct Answer: A. A question submitted to the Speaker for oral answer with supplementaries allowed

A Starred Question is a question submitted by a member to a Minister for an oral answer on the floor of the House. It is marked with an asterisk (*) in the list of questions. After the main answer, the member can ask supplementary questions. Only about 20-22 starred questions are taken up in each sitting. Unstarred Questions require written answers only and supplementary questions are not allowed. Short Notice Questions are oral questions that require lesser notice than the prescribed period.

Correct Answer: A. Never

A Financial Emergency under Article 360 has never been proclaimed in India since its independence. A Financial Emergency can be proclaimed when the President is satisfied that the financial stability or credit of India or any part thereof is threatened. During a Financial Emergency, salaries of all government servants including judges of the Supreme Court and High Courts can be reduced. All Money Bills of states require the President's approval. The existing safeguards make it difficult to misuse this power.

Correct Answer: B. Only Rajya Sabha by special resolution

Under Article 312, only the Rajya Sabha (not Lok Sabha) can pass a resolution by a 2/3 majority of its members present and voting declaring that it is necessary in national interest to create new All-India Services. Once such a resolution is passed, Parliament can by law create such services. Currently, there are three All-India Services: Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS — created in 1966). This is a unique power of Rajya Sabha.

Correct Answer: B. Call attention of a Minister to a matter of urgent public importance

The Calling Attention Motion (introduced in 1954) is a device whereby a member calls the attention of a Minister to a matter of urgent public importance, and the Minister makes a brief statement. The member can ask clarificatory questions. It is different from Adjournment Motion (which involves a debate and is a censure motion) and starred questions (which are part of Question Hour). The Calling Attention Motion avoids lengthy debate while still bringing urgent matters to the Minister's attention.

Correct Answer: D. Parliament (through financial committees)

Parliament (through its financial committees — Public Accounts Committee, Estimates Committee, and Committee on Public Undertakings) is the guardian of public finances in India. The Comptroller and Auditor General (CAG) assists Parliament by auditing government accounts and reporting irregularities. The Finance Minister presents the budget to Parliament for approval. The Parliament controls finance through the appropriation process — no money can be spent from the Consolidated Fund without parliamentary authorization.

Correct Answer: B. Fusion of executive and legislative power with cabinet accountability to legislature

The Westminster model of parliamentary democracy, followed by India, is characterized by the fusion (not separation) of executive and legislative powers. The executive (Council of Ministers) is drawn from the legislature, is accountable to the legislature, and continues in office as long as it has the confidence of the lower house (Lok Sabha). This is in contrast to the Presidential model (USA) where the executive and legislative are strictly separated. The PM must be a member of Parliament.

Correct Answer: D. A President's rule proclamation cannot be challenged in courts

A President's Rule (Article 356) proclamation CAN be challenged in courts. The S.R. Bommai v. Union of India (1994) case established that the President's proclamation under Article 356 is subject to judicial review. The Supreme Court can examine whether the proclamation was issued on relevant material and was not mala fide. If the proclamation is found unconstitutional, the court can restore the dismissed government. Before Bommai, the Supreme Court had held that such proclamations were not justiciable.