Daily Quiz – 13th Feb 2024

Legislative Council election:

• One-third of the MLCs are elected by the state’s MLAs.
• Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards,
• 1/12th by an electorate of teachers and another 1/12th by registered graduates.
• The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science, art, cooperative movement, and social service.
• Elections to the Rajya Sabha are indirect; members representing States are elected by elected members of legislative assemblies of the States in accordance with the system of proportional representation by means of the single transferable vote, and those representing Union Territories are chosen in such manner as Parliament may by law prescribe. The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year.

Article 54: Election of President: The President shall be elected by the members of an electoral college consisting of –

1. the elected members of both Houses of Parliament; and
2. the elected members of the Legislative Assemblies of the States. Explanation: In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union territory of Pondicherry.

Article 66: Election of Vice-President: The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of a single transferable vote and the voting at such election shall be by secret ballot. Hence, option (c) is the correct answer.

The constitution of India provides for a Parliamentary form of government in the states as in the centre. The Governor has to exercise his powers and functions with aid and advice of the council of minister headed by the Chief Minister, except in matters in which he is required to act in his discretion.

The Governor has constitutional discretion in the following cases:

• Reservation of the bill for consideration of president.
• Recommendation for the imposition of President's rule. Hence option 2 is correct.
• While exercising his functions as the administrator of joining an adjoining union territory.
• Determining the amount payable by the government of Assam, Meghalaya, Tripura, Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
• Seeking information from the Chief Minister with regards to the administrative and Legislative matters of the state. Hence option 4 is correct.

The Governor has situational discretion in the following cases:

• Appointment of Chief Minister when no party has a clear-cut majority in state legislative assembly or when Chief Minister in office dies suddenly and there is no obvious successor. Hence option 3 is not correct.
• Dismissal of Council of Ministers when it cannot prove the confidence of the state legislative assembly.
• Dissolution of the state legislative assembly if the council of ministers has lost its majority. Hence option 1 is not correct.

Statement 1 is correct and 2 is incorrect: The supervisory power of superintendence of a high court is very broad because, (i) it extends to all courts and tribunals (except the military tribunals) whether they are subject to the appellate jurisdiction of the high court or not; (ii) it covers not only administrative superintendence but also judicial superintendence; (iii) it is a revisional jurisdiction; and (iv) it can be suo-motu (on its own) and not necessarily on the application of a party.

Statement 3 is incorrect: High court deals with the matters of posting, promotion, grant of leave, transfers and discipline of the members of the judicial service of the state (other than district judges). However, it is consulted by the governor in the matters of appointment, posting and promotion of district judges and in the appointments of persons to the judicial service of the state (other than district judges).

A high court has the power of superintendence over all courts and tribunals functioning in its territorial jurisdiction (except military courts or tribunals). Thus, it may–

(a) call for returns from them; (b) make and issue, general rules and prescribe forms for regulating the practice and proceedings of them; (c) prescribe forms in which books, entries and accounts are to be kept by them; and (d) settle the fees payable to the sheriff, clerks, officers and legal practitioners of them.

High Court can withdraw a case pending in a subordinate court if it involves a substantial question of law that require the interpretation of the Constitution. It can then either dispose of the case itself or determine the question of law and return the case to the subordinate court with its judgement. Its law is binding on all subordinate courts functioning within its territorial jurisdiction in the same sense as the law declared by the Supreme Court is binding on all courts in India.

Article 227 of the Indian Constitution discussed Supervisory jurisdiction, which regulates the subordinate courts of India, to keep them under the boundaries set by their Jurisdiction.

Privileges of a state legislature are the special rights, immunities, and exemptions enjoyed by the houses of the state legislature, their committees, and their members. These privileges are necessary to maintain the dignity and decorum of the house. Without these privileges, houses cannot secure the independence and effectiveness of the actions of their members.

The constitution has extended these privileges to those persons who are entitled to speak and take part in the proceedings of a house of the state legislature and any of its committees. These include state ministers, advocate general, members of both the houses of the state legislature, presiding officers of both houses.

These privileges are not extended to the Governor who is an integral part of the State Legislature.

Hence option (c) is the correct answer.

Lord William Bentinck served as Governor General of India between 1828 to 1835. His tenure is known for several social reforms.

Statement 1 is correct: The social reforms of William Bentinck made his name immortal in the history of British India. These include the abolition of Sati (1829), the suppression of Thugi (1830) and the prevention of female infanticide.

Statement 2 is correct: Lord William Bentinck was the first Governor-General to visualize a Russian threat to India. Hence, he was eager to negotiate friendly relations both with the ruler of Punjab, Maharajah Ranjit Singh and also with the Amirs of Sind. Thus a Treaty of 'perpetual friendship' with Ranjeet Singh was concluded by William Bentick. It is also known as Rupnagar Treaty of 1831.

Statement 3 is correct: Under William Bentick, the four Circuit Courts were abolished and their

functions transferred to collectors under the supervision of the commissioner of revenue and circuit.