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Polity and Administration Central Council of Ministers and MCQs on Higher education system in India Target JRF (for CBSE UGC NET Paper 1) By Navdeep Kaur
Contents: 1 Evolution of Indian Constitution 2 Various sources of our Constitution 3 Preamble to the Constitution, Important parts of Indian constitution 4 Powers, functions, term of President, Vice-President, Prime Minister 5 Central Council of Ministers and MCQs on Higher education system in India Follow me on Unacademy
Central Council of Ministers As the Constitution of India provides for a parliamentary system of government modelled on the British pattern, the council of ministers headed by the prime minister is the real executive authority in our politico-administrative system. The principles of parliamentary system of government are not detailed in the Constitution, but two Articles (74 and 75) deal with them in a broad, sketchy and general manner. Article 74 deals with the status of the council of ministers while Article 75 deals with the appointment, tenure, responsibility, qualification, oath and salaries and allowances of the ministers.
Constitutional provision Article 74 There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall, in the exercise of his functions, act in accordance with such advice. Article 75 The Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Prime Minister. The total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. [91st Constitutional Amendment Act, 2003] The council of ministers shall be collectively responsible to the Lok Sabha. A person who is not a member of either House can also become a minister but he cannot continue as minister for more than six months unless he secures a seat in either House of Parliament (by election/nomination). [Art. 75(5)]
The council of ministers consists of three categories: cabinet ministers ministers of state, and deputy ministers. Cabinet Ministers: The cabinet ministers head the important ministries of the Central government like home, defence, finance and external affairs. Ministers of State: The ministers of state can either be given independent charge of ministries/departments or can be attached to cabinet ministers. Deputy Ministers: The deputy ministers are not given independent charge of ministries/departments and always assist the Cabinet or State Minister or both. They are not members of the cabinet and do not attend cabinet meetings. Minster may be taken from members of either House and minister who is member of one House has the right to speak and take part in the proceedings of the other House but cannot vote in the House of which he is not member. [Art. 88]. If the Prime Minister resigns or passes away, the entire ministry goes out automatically.
1 The University which telecasts interaction educational programme through its own channel is (A) Osmania University (B) University of Pune (C) Annamalai University (D) Indira Gandhi National Open University (IGNOU) Answer D 2 The recommendation of National Knowledge Commission for the establishment of 1500 Universities is to (A) create more teaching jobs (B) ensure increase in student enrolment in higher education (C) replace or substitute the privately managed higher education institutions by public institutions (D) enable increased movement of students from rural areas to urban areas Answer B 3 According to Article 120 of the Constitution of India, the business in Parliament shall be transacted in (A) English only (B) Hindi only (C) English and Hindi both (D) All the languages included in Eighth Schedule of the Constitution Answer C
4 Which of the following can be done under conditions of financial emergency? 1. State Legislative Assemblies can be abolished. 2. Central Government can acquire control over the budget and expenditure of States. 3. Salaries of the Judges of the High Courts and the Supreme Court can be reduced. 4. Right to Constitutional Remedies can be suspended. Select the correct answer from the codes given below: Codes: (A) 1, 2 and 3 (B) 2, 3 and 4 (C) 1 and 2 (D) 2 and 3 Answer D The President can declare three types of emergencies: National emergency State emergency Financial emergency
National emergency under article 352 National emergency can be declared on the basis of external aggression or armed rebellion in the whole of India or a part of its territory. Suc an emergency was declared in India in 1962 (China war), 1971 (Pakistan war), and 1975 (declared by Indira Gandhi). The President can declare such an emergency only on the basis of a written request by the Cabinet headed by the Prime Minister. During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution. In January 1977, during the emergency declared controversially by Indira Gandhi, the government decided to suspend even the Right to Life and Personal Liberty by dispensing with Habeas corpus. Justice Hans Raj Khanna defended the Right to Life and asked: "Life is also mentioned in Article 21 and would Government argument extend to it also?". The Attorney General observed: "Even if life was taken away illegally, courts are helpless".
A national emergency modifies the federal system of government to a unitary one by granting Parliament the power to make laws on the 66 subjects of the State List (which contains subjects on which the state governments can Ils are referred to the P approval. During an emergency, the term of the Lok Sabha can be successively extended by intervals of up to one year, but not beyond six months after the state of emergency has been revoked.
State Emergency Under Article 356 A state emergency is declared on failure of constitutional machinery in a state. Every state in India except two states, Chhattisgarh and Telangana has been under a state of emergency at some point of time or the other. The state of emergency is commonly known as 'President's Rule' If the President is satisfied, based on the report of the Governor of the concerned state or from other sources, that the governance in a state cannot be carried out according to the provisions in the Constitution, he may declare an emergency in the state. Such an emergency must be approved by the Parliament within a period of two months. During such an emergency, the President can take over the entire work of the executive, and the Governor administers the state in the name of the President. the Legislative Assembly can be dissolved or may remain in suspended animation. The Parliament makes laws on the 66 subjects of the state list. Al money bills have to be referred to the Parliament for approval. In this occasion ministers of state legislature do not perform actions in state.
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