Constitutional Elements - Indian Polity Questions and Answers

ANSWER: 58^th Amendment Act, 1987

Explanation:

• Originally,the Constitution of India did not make any provision with respect to an authoritative text of the Constitution in the Hindi language.


• Later, a provision in this regard was made by the 58^th Constitutional Amendment Act of 1987.


• This amendment inserted a new Article 394 A in the last part of the constitution i.e., Part XXII.

This article contains the following provisions -

1. The President shall cause to be published under his authority -

a. The translation of the constitution in Hindi language.

b. The translation in Hindi of every amendment of the constitution made in English.

2. The translation of the constitution and its every amendment published shall be construed to have the same meaning as the original text in English.

3. If any difficulty arises in this matter, the President shall cause the Hindi text to be revised suitably.

4. The translation of the constitution and its every amendment published shall be deemed to be, for all purposes, its authoritative text in Hindi.

The reasons for adding the above provisions are -

a. There had been a general demand for the publication of an authoritative text of the constitution in Hindi incorporating in it all the subsequent amendments.

b. It has also been imperative to have an authoritative text of the constitution in the Hindi language for facilitating its use in the legal process.

c. Further,any Hindi version of the constitution should not only conform to the Hindi translation published by the Constituent Assembly in 1950, but should also be in conformity with the language, style and terminology adopted in the authoritative texts of the Central Acts in Hindi.

ANSWER: None of the above

Explanation:

• India has no national language.


• It only has official language i.e., Hindi.


• The Constitution contains certain special directives to protect the interests of linguistic minorities and to promote the development of Hindi language.


• The Constitution imposes a duty upon the centre to promote the spread and development of the Hindi language so that it may become the lingua franca of the composite culture of India.


• Further, the centre is directed to secure the enrichment of Hindi by assimilating the forms, style and expressions used in Hindustani and in other languages specified in the Eighth Schedule and by drawing its vocabulary, primarily on Sanskrit and secondarily on other languages.


• At present (2013), the Eighth Schedule of the constitution specifies 22 languages (originally 14 languages).

In terms of the Constitution provisions, there are 2 objectives behind the specification of the above regional languages in the Eighth Schedule -

1. the members of these languages are to be given representation in the Official Language Commission;

2. the forms, style and expression of these languages are to be used for the enrichment of the Hindi language.

Protection of Linguistic Minorities -

1. Every aggrieved person has the right to submit a representation for the redress of any grievance to any officer or authority of the Union or a state in any of the languages used in the Union or in the state, as the case may be.

2. This means that a representation cannot be rejected on the ground that it is not in the official language.

3. Every state and a local authority in the state should provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.

4. The President can issue necessary directions for this purpose (added by the 7^th Amendment Act of 1956 on the recommendation of the States Re-organisation Commission).

5. The President should appoint a special officer for linguistic minorities to investigate all matters relating to the constitutional safeguards for linguistic minorities and to report to him.

6. The President should place all such reports before the Parliament and send to the State Government concerned.

ANSWER: None of the above

Explanation:

• Part XVII of the constitution deals with the official language in Articles 343 to 351.


• Its provisions are divided into four heads - Language of the Union, Regional languages, Language of the judiciary and texts of laws and Special directives.


• Hindi written in Devanagari script is to be the official language of the Union.


• But, the form of numerals to be used for the official purposes of the Union has to be the international form of Indian numerals and not the Devanagari form of numerals.


• However, for a period of fifteen years from the commencement of the Constitution (i.e., from 1950 to 1965), the English language would continue to be used for all the official purposes of the Union for which it was being used before 1950.


• Even after fifteen years, the Parliament may provide for the continued use of English language for the specified purposes.


• At the end of five years, and again at the end of ten years, from the commencement of the Constitution,the President should appoint a commission to make recommendations with regard to the progressive use of the Hindi language, restrictions on the use of the English language and other related issues.


• A committee of Parliament is to be constituted to examine the recommendations of the commission and to report its views on them to the President.


• Accordingly, in 1955, the President appointed an Official Language Commission under the chairmanship of B.G. Kher.


• The commission submitted its report to the President in 1956.


• The report was examined by a committee of Parliament constituted in 1957 under the chairmanship of Gobind Ballabh Pant.


• However, another Official Language Commission (as envisaged by the constitution) was not appointed in 1960.


• Subsequently, the Parliament enacted the Official Language Act in 1963.


• The act provides for the continued use of English (even after 1965), in addition to Hindi, for all official purposes of the Union and also for the transaction of business in Parliament.


• This act enables the use of English indefinitely (without any time-limit).


• Further,this act was amended in 1967 to make the use of English, in addition to Hindi, compulsory in certain cases.

ANSWER: Only 1

Explanation:

Provisions for regional languages -


• The legislature of a state may adopt any one or more of the languages in use in the state or Hindi as the official language of that state.


• Until that is done, English is to continue as official language of that state.


• For e.g. Gujarat has adopted Hindi in addition to Gujarati.


• Similarly, Goa has adopted Marathi in addition to Konkani.


• Jammu and Kashmir has adopted Urdu (and not Kashmiri).


• On the other hand, certain north-eastern States like Meghalaya, Arunachal Pradesh and Nagaland have adopted English.


• Notably, the choice of the state is not limited to the languages enumerated in the Eighth Schedule of the constitution.


• For the time being, the official language of the Union (i.e., English) would remain the link language for communications between the Union and the states or between various states.


• But, two or more states are free to agree to use Hindi (instead of English) for communication between themselves.


• Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar are some of the states that have entered into such agreements.


• The Official Language Act (1963) lays down that English should be used for purposes of communication between the Union and the non-Hindi states (that is, the states that have not adopted Hindi as their official language).


• Further, where Hindi is used for communication between a Hindi and a non-Hindi state, such communication in Hindi should be accompanied by an English translation.


• When the President (on a demand being made) is satisfied that a substantial proportion of the population of a state desire the use of any language spoken by them to be recognized by that state, then he may direct that such language shall also be officially recognized in that state.


• This provision aims at protecting the linguistic interests of minorities in the states.

ANSWER: Only 1

Explanation:

The constitutional provisions dealing with the language of the courts and legislation are -

1. Until Parliament provides otherwise, the following are to be in the English language only -

a. All proceedings in the Supreme Court and in every High Court.

b. The authoritative texts of all bills, acts, ordinances, orders, rules, regulations and bye-laws at the central and state levels.

2. However, the Governor of a state, with the previous consent of the President, can authorize the use of Hindi or any other official language of the state, in the proceedings in the High Court of the state, but not with respect to the judgments, decrees and orders passed by it.

3. That is the judgments, decrees and orders of the high court must continue to be in English only (until Parliament otherwise provides).

4. Similarly, a State Legislature can prescribe the use of any language (other than English) with respect to bills, acts, ordinances, orders, rules, regulations or bye-laws, but a translation of the same in the English language is to be published.


• The Official Language Act of 1963 lays down that Hindi translation of acts, ordinances, orders, regulations and bye-laws published under the authority of the President are deemed to be authoritative texts.


• Further, every bill introduced in the Parliament is to be accompanied by a Hindi translation.


• Similarly, there is to be a Hindi translation of state acts or ordinances in certain cases.


• The act also enables the Governor of a state, with the previous consent of the President, to authorize the use of Hindi or any other official language of the state for judgments, decrees and orders passed by the High Court of the state.


• But they should be accompanied by an English translation.


• For example, Hindi is used in Uttar Pradesh, Madhya Pradesh, Bihar and Rajasthan for this purpose.


• However,the Parliament has not made any provision for the use of Hindi in the Supreme Court.


• Hence, the Supreme Court hears only those who petition or appeal in English.


• In 1971, a petitioner insisted on arguing in Hindi a habeas corpus petition in the Supreme Court. But, the Court cancelled his petition on the ground that the language of the Court was English and allowing Hindi would be unconstitutional.

ANSWER: 1 and 4

Explanation:

Under Article 323B, the Parliament and the State Legislatures are authorized to provide for the establishment of tribunals for the adjudication of disputes relating to the following matters -

1. Taxation.

2. Foreign exchange, import and export.

3. Industrial and labor.

4. Land reforms.

5. Ceiling on urban property.

6. Elections to Parliament and State Legislatures.

7. Food stuffs.

8. Rent and tenancy rights (added by 75^th Amendment Act of 1993).

Articles 323 A and 323 B differs in the following aspects -

1. While Article 323 A contemplates establishment of tribunals for public service matters only, Article 323 B contemplates establishment of tribunals for certain other matters (mentioned above).

2. While tribunals under Article 323 A can be established only by Parliament, tribunals under Article 323 B can be established both by Parliament and State Legislatures with respect to matters falling within their legislative competence.

3. Under Article 323 A, only one tribunal for the centre and one for each state or two or more states may be established. There is no question of hierarchy of tribunals, whereas under Article 323 B a hierarchy of tribunals may be created.


• In Chandra Kumar case4 (1997), the Supreme Court declared those provisions of these two articles which excluded the jurisdiction of the High Courts and the Supreme Court as unconstitutional.


• Hence, the judicial remedies are now available against the orders of these tribunals.

ANSWER: Only 2

Explanation:

• The Administrative Tribunals Act of 1985 empowers the Central Government to establish the State Administrative Tribunals (SATs) on specific request of the concerned State Governments.


• So far (2013), the SATs have been set up in the nine states of Andhra Pradesh, Himachal Pradesh, Odisha, Karnataka, Madhya Pradesh, Maharashtra, Tamil Nadu, West Bengal and Kerala.


• However, the Madhya Pradesh, Tamil Nadu and Himachal Pradesh Tribunals have since been abolished.


• The Kerala Administrative Tribunal was set up with effect from 26^th August, 2010.


• Like the CAT, the SATs exercise original jurisdiction in relation to recruitment and all service matters of state government employees.


• The Chairman, and members of the SATs are appointed by the President after consultation with the Governor of the state concerned.


• The act also makes a provision for setting up of Joint Administrative Tribunal (JAT) for two or more states.


• A JAT exercises all the jurisdiction and powers exercisable by the Administrative Tribunals for such states.


• The Chairman and members of a JAT are appointed by the President after consultation with the Governors of the concerned states.

ANSWER: Jaipur

Explanation:

• The Central Administrative Tribunal (CAT) was set up in 1985 with the principal bench at Delhi and additional benches in different states.


• At present, it has 17 regular benches, 15 of which operate at the principal seats of High Courts and the remaining two at Jaipur and Lucknow.


• These benches also hold circuit sittings at other seats of High Courts.


• The CAT exercises original jurisdiction in relation to recruitment and all service matters of public servants covered by it.


• Its jurisdiction extends to the All-India Services, the Central Civil Services, civil posts under the centre and civilian employees of defense services.


• However, the members of the defense forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by it.


• The CAT is a multi-member body consisting of a Chairman and members.


• Earlier, the CAT consisted of a Chairman, Vice-Chairmen and members.


• With the amendment in Administrative Tribunals Act, 1985 in 2006, the members have been given the status of judges of High Courts.


• In 2013, the sanctioned strength of the Chairman is one and sanctioned strength of the Members is 65.


• They are drawn from both judicial and administrative streams and are appointed by the President.


• They hold office for a term of five years or until they attain the age of 65 years, in case of Chairman and 62 years in case of members, whichever is earlier.


• The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908.


• It is guided by the principles of natural justice.


• These principles keep the CAT flexible in approach.


• Only a nominal fee of Rs. 50 is to be paid by the applicant.


• The applicant may appear either in person or through a lawyer.


• Originally, appeals against the orders of the CAT could be made only in the Supreme Court and not in the High Courts.


• However, in the Chandra Kumar case (1997), the Supreme Court declared this restriction on the jurisdiction of the high courts as unconstitutional, holding that judicial review is a part of the basic structure of the constitution.


• It laid down that appeals against the orders of the CAT shall lie before the division bench of the concerned High Court.


• So, now it is not possible for an aggrieved public servant to approach the Supreme Court directly against an order of the CAT, without first going to the concerned High Court.

ANSWER: 42^nd

Explanation:

• The original constitution did not contain provisions with respect to tribunals.


• The 42^nd Amendment Act of 1976 added a new Part XIV-A to the constitution.


• This part is entitled as ‘Tribunals’ and consists of only two Articles - Article 323 A dealing with Administrative Tribunals and Article 323 B dealing with tribunals for other matters.


• Article 323 A empowers the Parliament to provide for the establishment of Administrative Tribunals for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the centre, the states, local bodies, public corporations and other public authorities.


• In other words, Article 323 A enables the Parliament to take out the adjudication of disputes relating to service matters from the Civil Courts and the High Courts and place it before the Administrative Tribunals.


• In pursuance of Article 323 A, the Parliament has passed the Administrative Tribunals Act in 1985.


• The act authorizes the Central Government to establish one Central Administrative Tribunal and the State Administrative Tribunals.


• This act opened a new chapter in the sphere of providing speedy and inexpensive justice to the aggrieved public servants.

ANSWER: When the government acquires the property of a minority educational institution

Explanation:

• Articles 294 to 300 in Part XII of the constitution deal with the property, contracts, rights, liabilities, obligations and suits of the Union and the states.


• In this regard, the constitution makes the Union or the states as juristic (legal) persons.


• The Parliament as well as the State Legislatures are empowered to make laws for the compulsory acquisition and requisitioning of private property by the governments.

The 44^th Amendment Act (1978) has also abolished the constitutional obligation to pay compensation in this regard except in two cases -

1. when the government acquires the property of a minority educational institution; and

2. when the government acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limits.


• The Union or a state can acquire, hold and dispose property under the exercise of its executive power.


• The executive power of the Union or a state extends to the carrying on any trade or business within and in other states also.


• All property and assets that were vested in the Dominion of India or a province or an Indian princely state, before the commencement of the present constitution, became vested in the Union or the corresponding state.


• Similarly, all rights, liabilities and obligations of the government of the dominion of India or a province or an Indian state would now be the rights, liabilities and obligations of the Government of India or the corresponding state.


• Any property in India that would have accrued to King of England or ruler of Indian state (princely)by escheat (death of a person intestate without any heir), lapse (termination of rights through disuse or failure to follow appropriate procedures) or bona vacantia (property found without any owner)for want of a rightful owner, would now vest in the state if the property is situated there, and in the Union, in any other case.


• In all these three cases, the property accrues to the government as there is no rightful owner (claimant).


• All lands, minerals and other things of value under the waters of the ocean within the territorial waters of India, the continental shelf of India and the exclusive economic zone of India vests in the Union.


• Hence, a state near the ocean cannot claim jurisdiction over these things.


• India’s territorial waters extend to a distance of 12 nautical miles from the appropriate base line.


• Similarly, India’s exclusive economic zone extends upto 200 nautical miles.