Explanation : 

Deputy Speaker of the Lok Sabha

The Deputy Speaker of the Lok Sabha holds a significant role within the Indian parliamentary system. Understanding the rules and conventions that govern this position is essential for grasping the functioning of India’s democracy.

Election Date Set by Speaker

As per the Rules of Procedure and Conduct of Business in Lok Sabha, the election of the Deputy Speaker shall be held on such date as the Speaker may fix. This aligns with Rule 8 of the said rules, confirming the statement as correct.

No Mandatory Provision for Party Affiliation

Contrary to some beliefs, there is no mandatory provision that dictates the election of a Deputy Speaker of Lok Sabha to be necessarily from the principal opposition party or the ruling party. This absence of a constitutional or procedural mandate makes the second statement incorrect.

Powers of the Deputy Speaker

When the Deputy Speaker presides over a sitting of the House, they wield the same powers as that of the Speaker. No appeal can be made against the rulings of the Deputy Speaker, thus emphasizing the authority and finality of their decisions.

Appointment Practice

It is a common misconception that the motion for the election of the Deputy Speaker is exclusively moved by the Speaker and seconded by the Prime Minister. In reality, any member of the House can move the motion, which is typically done by consensus. This clarifies that the fourth statement is incorrect.

Explanation : 

Ayushman Bharat Digital Mission (ABDM) Overview

The Ayushman Bharat Digital Mission (ABDM), initially known as the National Digital Health Mission, is a significant initiative by the Government of India. Its goal is to construct the necessary infrastructure for an integrated digital health ecosystem. The ABDM strives to connect various stakeholders in the healthcare sector through digital means.

Adoption by Hospitals

Contrary to the belief that all private and public hospitals must adopt the ABDM, the initiative is not compulsory. It is designed to be an inclusive and voluntary program. Healthcare providers are encouraged to join and integrate into the digital health ecosystem by complying with the standards set forth by the mission.

Universal Health Coverage and Citizen Participation

Although the ABDM aims to facilitate universal health coverage, it does not require mandatory participation from every Indian citizen. The initiative allows citizens to voluntarily enroll for a digital health ID, which is used to manage their personal health records. The mission’s objective is to make healthcare more accessible but not to enforce enrollment.

Portability of Health Records

A pivotal feature of the ABDM is the portability of health records across India. This ensures that a patient’s health data can be securely accessed and shared among various healthcare providers, regardless of their location. The patient’s consent is essential for the sharing of this information, maintaining the privacy and security of health data.

Explanation : 

Power to Issue Writs in India’s Judicial System

In India, the High Courts and the Supreme Court hold the authority to issue writs for enforcing the fundamental rights of citizens, as well as for other purposes. These writs, which are an integral part of the common law system, have been borrowed from English law and include Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

Analysis of Statements Regarding the Issuance of Writs

The writ of Mandamus is a directive from a court to a lower court, tribunal, or public authority, compelling them to perform a mandatory act. It is generally not applicable to private entities unless they are tasked with a public duty. In such cases, Mandamus can be issued to enforce the performance of that public duty.

Second statement, According to UPSC Official Answer key – it is correct.

The writ of Quo Warranto provides a means to challenge the legality of an individual’s claim to a public office. It allows any public-spirited individual, not necessarily personally aggrieved, to petition the court. This ensures that any person occupying a public office does so legitimately and in the interest of maintaining the integrity of public service.

In conclusion, statements 1 and 3 accurately reflect the provisions related to the issuance of writs in the Indian judicial system, confirming that the correct answer is “1 and 3 only”.

Explanation : 

Attorney General and Solicitor General’s Roles in Indian Parliament

The Attorney General of India is often mistaken to have the same parliamentary privileges as the Solicitor General of India. However, this is not the case. The Attorney General has the unique right to participate in the proceedings of the Parliament of India, as stated in Article 88 of the Indian Constitution. This includes the right to speak in both Houses of Parliament and any committee meetings, though without a right to vote. On the other hand, the Solicitor General, who assists the Attorney General, does not possess these rights.

Resignation of the Attorney General of India

Another common misconception is regarding the resignation of the Attorney General. According to Article 76 of the Indian Constitution, the Attorney General holds office at the pleasure of the President and is not constitutionally required to resign when the appointing government resigns or is replaced. While it is conventional for the Attorney General to resign in such circumstances, it is not mandated by the Constitution.

Explanation : 

Anti-Defection Law in India

The anti-defection law in India is a significant legislation that maintains the stability of governments by preventing elected members from switching parties. This law is outlined in the Tenth Schedule of the Indian Constitution, which was introduced by the 52nd Amendment Act of 1985.

Nominated Members and Defection

Contrary to common belief, the anti-defection law provides a clear guideline for nominated members. These members are given a six-month period to align with a political party upon taking their seat in the House. Failure to adhere to this timeframe results in disqualification due to defection.

Time Frame for Decision on Defection Cases

A critical aspect of the anti-defection law is the lack of a specified time frame for the presiding officer to decide on defection cases. The absence of such a deadline has been a point of contention, as it can lead to prolonged delays in adjudication, potentially being exploited for political gains.

Explanation : 

Lok Sabha Exclusive Powers in India’s Bicameral Parliament

The Lok Sabha, which is the lower house of India’s bicameral Parliament, holds several key powers within the government structure. Among these powers, some are exclusive to the Lok Sabha, distinguishing its role from that of the Rajya Sabha, the upper house.

Ratification of Emergency Declaration

The power to ratify a declaration of Emergency is not exclusive to the Lok Sabha. Both Houses of Parliament, which include the Lok Sabha and the Rajya Sabha, need to approve the proclamation of Emergency within one month of the issuance. This approval requires a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting, as per Article 352 of the Indian Constitution.

No-Confidence Motion Against the Council of Ministers

The Lok Sabha does have the exclusive power to pass a motion of no-confidence against the Council of Ministers. This is a significant power as the Council of Ministers is collectively responsible to the Lok Sabha. If a motion of no-confidence is passed by the Lok Sabha, the Council of Ministers is obligated to resign. The provision for this power is found in Article 75 of the Indian Constitution.

Impeachment of the President of India

The impeachment process of the President of India is not an exclusive power of the Lok Sabha. It can be initiated by either House of Parliament. The process involves the signing of impeachment charges by one-fourth of the members of the House and a subsequent 14-day notice period to the President. Following the framing of charges, they must be passed by a two-thirds majority of the total membership of that House. The other House then investigates the charges, and if they also pass the resolution by a two-thirds majority of the total membership, the President is impeached as outlined in Article 61 of the Indian Constitution.

In conclusion, among the options provided, the exclusive power of the Lok Sabha is “2 only,” which refers to the ability to pass a motion of no-confidence against the Council of Ministers.

Explanation : 

Indian Constitution: Ministerial Ranks and the 91st Amendment

The Constitution of India does not explicitly classify ministers into four ranks. The classification into Cabinet Minister, Minister of State with Independent Charge, Minister of State, and Deputy Minister is more of a convention that has developed through practice within the parliamentary system of government. It is not specified in the Constitution itself. The Constitution does mention the Council of Ministers and their responsibility to aid and advise the President, but it does not go into the specifics of the different ranks.

The 91st Amendment and its Implications

The 91st Amendment to the Constitution of India, made in 2003, added a provision that the total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15 percent of the total number of members of the Lok Sabha. This is mentioned in Article 75(1A) of the Constitution. The purpose of this amendment was to prevent an excessively large number of ministers in the government, which could lead to an unnecessary burden on the public exchequer and could also be seen as a means to create political patronage.

Explanation : 

Process of Amending the Indian Constitution

The process of amending the Indian Constitution is a critical aspect of the country’s parliamentary democracy. This process is governed by Article 368 of the Indian Constitution, which lays down the procedure for its amendment. Here’s an in-depth look at the statements provided to clarify the procedure.

Presidential Recommendation for Constitution Amendment Bills

Contrary to the first statement, a Constitution Amendment Bill does not require a prior recommendation of the President of India to be introduced in the Parliament. Members of either House of Parliament can introduce such a bill without the President’s recommendation. However, for amendments that affect the federal structure, ratification by state legislatures is necessary.

Presidential Assent to Constitution Amendment Bills

The second statement is accurate as it highlights the obligatory nature of the President’s assent. Once a Constitution Amendment Bill has been passed by both Houses of Parliament with the required special majority, the President must give his/her assent, thereby making it mandatory.

Special Majority and No Provision for Joint Sitting

The third statement correctly mentions that a Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha with a special majority. Additionally, it emphasizes that there is no provision for a joint sitting in case of a deadlock between the two Houses, which is a unique aspect of the amendment process.

In conclusion, statements 2 and 3 provide an accurate representation of the constitutional amendment process in India, while statement 1 does not align with the procedural requirements as per the Indian Constitution.

Explanation : 

Legal Profession in India

The legal profession in India is regulated by the Bar Council of India (BCI), which is a statutory body established by the Parliament under the Advocates Act, 1961. The BCI oversees the standards for legal education and practice within the country.

Understanding the Term “Advocate” in India

The term “advocate” in India is inclusive of individuals who are qualified to practice law in various capacities. This includes government law officers, legal firm lawyers, corporate lawyers, and patent attorneys, as long as they are enrolled with a State Bar Council. The Advocates Act does not restrict these professionals from being recognized as advocates, provided they fulfill the necessary qualifications.

Role of the Bar Council of India in Legal Education

The Bar Council of India holds the authority to set standards for legal education and to recognize law colleges. Through its Legal Education Committee, the BCI is instrumental in formulating rules that govern legal education and in accrediting law schools and universities. Degrees from BCI-recognized institutions are essential for enrollment as an advocate.

Explanation : 

Contempt of Courts Act, 1971

The Contempt of Courts Act, 1971 was a result of the recommendations made by the H.N. Sanyal Committee. The committee was tasked with examining the existing laws on contempt of court, and their report played a crucial role in shaping the legislation that governs contempt proceedings in India today.

Constitutional Provisions for Contempt of Court

The Constitution of India grants the Supreme Court and the High Courts the authority to punish individuals for contempt of themselves. This power is enshrined in Articles 129 and 215, respectively, ensuring that the dignity and authority of the judiciary are upheld.

Definitions of Civil and Criminal Contempt

Contrary to what some might believe, the Constitution of India does not define civil or criminal contempt. These definitions are provided by the Contempt of Courts Act, 1971, which distinguishes between willful disobedience of court orders (civil contempt) and acts that may scandalize or lower the authority of the court (criminal contempt).

Legislative Powers Regarding Contempt of Court

In India, the responsibility to legislate on matters of contempt of court is vested in the Parliament. This is outlined in the Seventh Schedule of the Constitution, which specifically allocates this power to the Union List, thereby giving Parliament the exclusive right to make laws in this domain.