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Article 340 & 102nd Constitution Amendment Act, 2018

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Article 340 & 102nd Constitution Amendment Act, 2018

Consider the following statements:

Article 340 of the Constitution deals with the appointment of a Commission to investigate the conditions of schedule tribes.
102^nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC).

Choose the correct answer from the codes given below:

	A	Only 1

	B	Both 1 and 2

	C	Only 2

	D	Neither 1 nor 2

Your Ans is

Right ans is C

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

Under Article 340 of the Indian Constitution, the President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and to make recommendations to remove such difficulties and to improve their conditions.
The One Hundred and Second Amendment of the Constitution of India, officially known as the Constitution (One Hundred and Second Amendment) Act, 2018, granted constitutional status to the National Commission for Backward Classes (NCBC).
The Amendment Act inserted new Articles 338 B and 342

Related Question

Financial Grants

Consider the following statements with reference to Financial Grants:

Supplementary grant is granted when the amount authorised by the Parliament through the appropriation act for a particular service for the current financial year is found to be insufficient for that year.
Additional grant is granted when a need has arisen during the current financial year for additional expenditure upon some new service not contemplated in the budget for that year.
Token grant is granted when funds to meet the proposed expenditure on a new service can be made available by re-appropriation.

Which of the statement(s) given above is/are correct? Choose the correct answer from the codes given below:

	A	1 and 2

	B	2 and 3

	C	1 and 3

	D	1, 2 and 3

Your Ans is

Right ans is D

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

Supplementary Grant

It is granted when the amount authorised by the Parliament through the appropriation act for a particular service for the current financial year is found to be insufficient for that year.
The Comptroller and Auditor General of India brings such excesses to the notice of the Parliament.
The Public Accounts Committee examines these excesses and gives recommendations to the Parliament.

Additional Grant

It is granted when a need has arisen during the current financial year for additional expenditure upon some new service not contemplated in the budget for that year.

Token Grant

It is granted when funds to meet the proposed expenditure on a new service can be made available by re-appropriation.
A demand for the grant of a token sum (of Re 1) is submitted to the vote of the Lok Sabha and if assented, funds are made available.
Re-appropriation involves transfer of funds from one head to another. It does not involve any additional expenditure.

Constitutional Provision

Article 115: Supplementary, additional or excess grants.
Article 116: Votes on account, votes of credit and exceptional grants.

Ninth Schedule Of The Constitution

Consider the following statements with reference to the Ninth Schedule of the Constitution:

The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts.
The Schedule became a part of the Constitution in 1952, when the document was amended for the first time.
It was created by the new Article 31B, which along with 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.

Which of the statement(s) given above is/are correct?

	A	1 and 2

	B	Only 2

	C	1 and 3

	D	1, 2 and 3

Your Ans is

Right ans is C

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts and was added by the Constitution (First Amendment) Act, 1951.
It was created by the new Article 31B, which along with Article 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system.
The First Amendment added 13 laws to the Schedule. Subsequent amendments in 1955, 1964, 1971, 1974, 1975, 1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.

Article 31A and 31 B

While Article 31A extends protection to ‘classes’ of laws, A. 31B shields specific laws or enactments.
Article 31B also has retrospective operation: meaning if laws are inserted in the Ninth Schedule after they are declared unconstitutional, they are considered to have been in the Schedule since their commencement, and thus valid.
Although Article 31B excludes judicial review, the apex court has said in the past that even laws under the Ninth Schedule would be open to scrutiny if they violated fundamental rights or the basic structure of the Constitution.

Enforcement Of Decrees

Which of the following article grant discretionary power to the Supreme Court to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it?

	A	Article 142

	B	Article 152

	C	Article 162

	D	Article 172

Your Ans is

Right ans is A

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

Article 142 provides for the enforcement of decrees and orders of Supreme Court.
Article 142(1): It states that Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it and the orders shall be enforceable throughout the territory of India.
Article 142(2): It states that Supreme Court shall have the power to make any order for the purpose of (a) securing the attendance of any person, (b) the discovery or production of any documents or (c) the investigation or punishment of any contempt of itself.

Article 142 Used Earlier

In November, 2019, it was also used during the Ayodhya judgment, making the first such case where it was invoked for a civil dispute over an immovable property that involved private parties.
To cancel allocation of coal blocks granted from 1993 onwards without any specific finding.
For restoring the white marble of the Taj Mahal
To probe the 2013 Indian Premier League spot-fixing scandal
To provide relief to the thousands of people affected by the Bhopal gas tragedy.

Article 72 Of The Constitution

Consider the following statements:

Under the Article 72, the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment.
The President can grant pardon in all cases where the sentence given is sentence of death but pardoning power of Governor does not extend to death sentence cases.
The pardoning power of the President is absolute.

Choose the correct answer from the codes given below:

	A	Only 1

	B	1 and 3

	C	2 and 3

	D	1, 2 and 3

Your Ans is

Right ans is D

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

Under the Article 72 of the Constitution, the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment.
It says that the President shall have 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.
A similar and parallel power vests in the Governors of each state under Article 161.
However, the pardoning power of the president is not absolute. He is advised by the council of ministers under article 74 even though he is not bound to act on their suggestions.
The power of the President to grant pardon extends in cases where the punishment or sentence is by a Court Martial but Article 161 does not provide any such power to the Governor.
The President can grant pardon in all cases where the sentence given is sentence of death but pardoning power of Governor does not extend to death sentence cases.

Article 131

Consider the following statements with reference to the Article 131:

Article 131 vests the Supreme Court with original jurisdiction over disputes occurring between states or between states and the Centre.
Article 131 can be used to settle political differences between state and central governments headed by different parties.

Which of the above statements is/are correct?

	A	Only 1

	B	Both 1 and 2

	C	Only 2

	D	Neither 1 nor 2

Your Ans is

Right ans is A

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

Article 131 of the Constitution of India grants original jurisdiction to the Supreme Court on all cases involving the enforcement of fundamental rights of citizens.It involves the following cases:
- Any dispute between the Indian Government and one or more States.
- Any dispute between the Indian Government and one or more States on one side and one or more States on the other side.
- Any dispute between two or more States.
Article 131 can be invoked by a state whenever there is a difference of opinion between the Centre and state on the question of interpretation of the Constitution, which will affect the exercise of government powers that are attributes of a state.
This cannot be used to settle political differences between state and Central government headed by different parties.

Fundamental Duties

Recently, the Government decided to assign its different Ministries with the task of spreading awareness about Fundamental duties among people.Consider the following statements about the Fundamental Duties:

The idea of Fundamental Duties is inspired from the Constitution of French.
Fundamental Duties were incorporated in Part IV-A of the Constitution by the 44^th Constitutional Amendment Act, 1978 on the recommendations of Swaran Singh Committee.

Choose the correct answer from the codes given below:

	A	Only 1

	B	Only 2

	C	Both 1 and 2

	D	Neither 1 nor 2

Your Ans is

Right ans is D

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

The idea of Fundamental Duties is inspired from the Constitution of Russia.
The fundamental duties were incorporated in Part IV-A of our constitution by 42^ndConstitutional Amendment Act, 1976,on the recommendations of Swaran Singh Committee.
All the eleven duties are listed in Article 51-A of the Constitution.
The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have also to be quite conscious of duties they owe to their country and society .

Sixth Schedule Of The Constitution

Recently, the Meghalaya government decided to exclude some unrepresented tribes from the provisions of the Sixth Schedule of the Constitution. Consider the following statements about the SixthSchedule:

1. It special provisions for the administration of the tribal dominated areas in four states viz. Assam, Meghalaya, Tripura and Arunachal Pradesh.

2. It allows for the formation of Autonomous District Councils to administer areas which have been given autonomy within their respective states.

3. The governor of the concerned State is empowered to organise and re-organise the autonomous districts or regions by order.

Choose the correct answer from the codes given below:

	A	1 and 2

	B	2 and 3

	C	1 and 3

	D	1, 2 and 3

Your Ans is

Right ans is B

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

The Sixth Schedule of the Constitution deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram as per Article 244(2).
It provides provision for creation of the District Councils and regional councils. Each district / regional council is a body corporate which is empowered for administration of the area under its jurisdiction. They are named as “District council of (name of district) and Regional Council of (name of region)
The Governor is empowered to include any other area, exclude any area, increase, decrease, diminish these areas and alter the names and boundaries of these autonomous districts and regions.
The sixth schedule to the Constitution includes 10 autonomous district councils in 4 states. These are:

Assam: Bodoland Territorial Council, Karbi Anglong Autonomous Council and Dima Hasao Autonomous District Council.
Meghalaya: Garo Hills Autonomous District Council, Jaintia Hills Autonomous District Council and Khasi Hills Autonomous District Council.
Tripura: Tripura Tribal Areas Autonomous District Council.
Mizoram: Chakma Autonomous District Council, Lai Autonomous District Council, Mara Autonomous District Council.

Tribes to be excluded

The five minor tribes - Bodo-Kachari, Hajong, Koch, Mann and Rabha are grouped together as ‘unrepresented tribes’ for nomination in Meghalaya’s autonomous tribal councils.
These minor tribes are indigenous to Meghalaya and have been living in the state much before its creation in 1972.

Article 371A

Article 371A grants special status to which of the following northeastern state?

	A	Nagaland

	B	Manipur

	C	Assam

	D	Mizoram

Your Ans is

Right ans is A

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

Article 371A grants special status to the people of Nagaland in terms of:

Religious & social practices of Nagas;
Nagas customary law & procedure;
Administration of civil or criminal justice involving decisions according to Naga customary law; and
Ownership & transfer of land and its resources.

Speaker Of Lok Sabha

Consider the following statements vis-à-vis ‘Speaker of Lok Sabha’:

His term of office is co-terminus with his membership of the Lok Sabha.
President himself administers the oath of Pro-tem speaker.
The decision of the speaker to classify a bill as money bill is beyond the Judicial Review.

Choose the correct answer from the code given below:

	A	1 and 2 only

	B	2 and 3 only

	C	1, 2 and 3

	D	2 only

Your Ans is

Right ans is D

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

Earlier, the Constitution mentioned that decision of the Speaker is final and cannot be challenged in court of law vis-à-vis Money Bill, but in the recent Aadhar Judgement, SC opined that decision of the Speaker vis-à-vis Money Bill can be challenged in court of law.
The President himself administers the oath of Pro-tem speaker.
Speaker continues in his/her office till the meeting of next Lok Sabha, so his/her office is not co-terminus with his membership to Lok Sabha.

Doctrine Of Basic Structure

Consider the following statements about Doctrine of Basic Structure:

The phrase ‘Basic Structure’ finds no mention anywhere in the Constitution.
Judicial Review and Federal Character of the Constitution falls under the ambit of Basic Structure.

Choose the correct answer from the code given below:

	A	Only 1

	B	Only 2

	C	Both 1 and 2

	D	Neither 1 nor 2

Your Ans is

Right ans is C

Your Answer Is Correct

Your Answer Is Wrong

Explanation :

Doctrine of Basic Structure is the outcome of Judicial Activism in the famous ‘Keshvananda Bharati Case’. It finds no mention anywhere in the Constitution. Hence, statement 1 is correct.
From the various judgments of the apex court it has been deduced that Supremacy of the constitution, separation of powers, judicial review, federal structure of the Constitution etc. are the parts of basic structure of the Constitution.

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