Indian Polity Quiz: Day 136

April 7, 2023

The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?

(A) To provide self-governance
(B) To recognize traditional rights
(C) To create autonomous regions in tribal areas
(D) To free tribal people from exploitation

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Answer: (c)

To create autonomous regions in tribal areas is not identified as an objective of the Panchayat Extension to Scheduled Areas (PESA) Act of 1996.

Consider the following statements:
1. The Constitution (Seventy-Third Amendment) Act, 1992, which aims at promoting the Panchayati Raj Institutions in the country, provides for the establishment of District Planning Committees.
2. The National Green Tribunal Act, 2010 was enacted in consonance with Right to healthy environment, construed as a part of Right to life under Article 21.
Which of the statements given above is / are incorrect?

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 nor 2

Show Answer

Answer: (a)

Statement 1 is incorrect: The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats (rural local governments) by adding a new Part IX and a new Schedule 11 to the Constitution. Similarly, the 74th Amendment Act of 1992 gave constitutional recognition to the municipalities (urban local governments) by adding a new Part IX-A and a new Schedule 12 to the Constitution. The District Planning Committees are provided by 74th Amendment Act under article 243 ZD and not by 73rd constitutional amendment.
Statement 2 is correct: The National Green Tribunal Act, 2010 was enacted in consonance with Right to healthy environment, construed as a part of Right to life under Article 21.

Consider the following statements:
1. The Supreme Court upheld the constitutional validity of the National Awards- Bharat Ratna, Padma Vibhushan etc. and these can used as suffixes or prefixes to the names of awardees.
2. The Janata Party government had discontinued the National Awards- Bharat Ratna, Padma Vibhushan etc. in 1979.
Which of the following is/are correct.

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 nor 2

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Answer: (d)

Statement 1 is incorrect: In 1996, the Supreme Court upheld the constitutional validity of the National Awards-Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Sri. It said that these awards do not amount to ‘titles’ within the meaning of Article 18 that prohibits only hereditary titles of nobility. They do not violate Article 18 as the theory of equality does not mandate that merit should not be recognized. But, they should not be used as suffixes or prefixes to the names of awardees. Otherwise, the awardees should forfeit the awards.
Statement 2 is correct: These National Awards were instituted in 1954. The Janata Party government headed by Morarji Desai discontinued them in 1977. But they were again revived in 1980 by the Indira Gandhi government.

Consider the following statements:
1. The provident fund deposits, Judicial deposits and remittances constitutes Public Account of India.
2. The Payments from Public Account of India can not be made without the parliamentary appropriation.
Which of the following is/are correct.

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 nor 2

Show Answer

Answer: (a)

Statement 1 is correct: Public Account of India accounts for flows for those transactions where the government is merely acting as a banker. Deposits in provident funds, judicial deposits, savings bank deposits, departmental deposits, and remittances are all examples of this. Article 266 (2)of the Constitution established this fund.
Statement 2 is incorrect: The parliamentary approval for such payments is not necessary, with the exception of situations in which funds have been withdrawn from the Consolidated Fundwith the consent of Parliament and kept in the Public Account for expenditure on particular objects.

Consider the following Statements:
1. The district judge possesses original and appellate jurisdiction in both civil as well as criminal matters.
2. The sessions judge can impose capital punishment, but it must be confirmed by the High Court, whether there is an appeal or not.
Which of the following is/are correct.

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 nor 2

Show Answer

Answer: (c)

Statement 1 is correct: The principal Court of Civil Jurisdiction is the Court of District Judge at the District level. It has both original as well as appellate Jurisdiction.
Statement 2 is correct: When a district judge hears the criminal cases, he is called as the sessions judge. The sessions judge can impose capital punishment, but it must be confirmed by the High Court, whether there is an appeal or not.

Consider the following statements:
1. The phrase ‘Judicial Review’ has been used in Constitution under Article 13 and 226.
2. The 42nd Amendment Act of 1976 had curtailed the judicial Review of the High Court not of Supreme Court .
Which of the following is/are incorrect.

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 nor 2

Show Answer

Answer: (c)

Statement 1 is incorrect: The phrase ‘Judicial Review’ has NOT been used in Constitution, but SC and HC use Article 13 and 226 for judicial review.
Statement 2 is incorrect: The 42nd Amendment Act of 1976 had Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.

Consider the following Statements:
1. The 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states.
2. The Chief justice of the concerned state high court may be appointed temporarily to discharge the functions of the governor of that state.
Which of the following is/are correct.

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 nor 2

Show Answer

Answer: (c)

Statement 1 is correct: The 7th Constitutional Amendment Act of 1956 facilitated the appointment of the same person as a governor for two or more states.
Statement 2 is correct: Article 159 of the Constitution provides for the appointment of the Chief Justice of a High Court to discharge the functions of the Governor of a state if the office of the Governor falls vacant or if the Governor is unable to discharge his or her functions. This can happen due to various reasons such as illness, absence, resignation, removal, or death of the Governor. In such a case, the Chief Justice of the concerned state High Court may be appointed temporarily to discharge the functions of the Governor until a new Governor is appointed or until the Governor is able to resume his or her duties. This provision ensures that the governance of the state is not affected in case of a vacancy or incapacity of the Governor.

The Supreme Court is bound to declare a law as invalid if it violates:
1. Fundamental Rights
2. Directive Principles of State Policy
3. Fundamental Duties
Select the correct answer using code given below.

(A) 1 only
(B) 1 and 2 only
(C) 2 and 3 only
(D) 1, 2 and 3

Show Answer

Answer: (a)

‘Everyone has the right to speak and no one to hear’. This phrase is generally associated with which of the following parliamentary practice in India.

(A) Question Hour
(B) Zero Hour
(C) Adjournment Motion
(D) No Confidence Motion

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Answer: (b)

Consider the following statements regarding procedure of amendment:
1. An amendment of the Constitution can be initiated only by the Parliament.
2. In case of a disagreement between the two Houses, there is a provision for holding a joint sitting for the passage of the amendment bill.
3. The President cannot reject the amendment bill passed by the Parliament.
Which of the statements given above is/are correct?

(A) 1 only
(B) 2 only
(C) 2 and 3 only
(D) 1 and 3 only

Show Answer

Answer: (d)

Statement 1 is correct: An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
Statement 2 is incorrect: The bill must be passed in each House by a special majority, that is, a majority (that is, more than 50 per cent) of the total membership of the House and a majority of two-thirds of the members of the House present and voting. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
Statement 3 is correct: After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent. The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament. After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act.

Consider the following Statements:
1. The Linguistic minorities can be determined on a state-wise basis.
2. The Muslims, Christians, Sikhs, Buddhists and Jains were notified as minority communities earlier and Zoroastrians (Parsis) was added in 2014.
Which of the following is/are correct.

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 nor 2

Show Answer

Answer: (a)

Statement 1 is correct: The term“Minority”is not defined in the Indian Constitution. However, the Constitution recognises only religious and linguistic minorities.
Statement 2 is incorrect: The act defines a minorityas “a community notified as such by the Central government.”Government of India has declared six religions namely, Muslims, Christians, Sikhs, Buddhist and Parsis (Zoroastrian) and Jain as religious minorities in 2014 in India.

Consider the following statements regarding the National Integration Council (NIC) in India. Choose the correct statements for the UPSC examination:
1. The National Integration Council was established in 1961 by the then Prime Minister of India, Jawaharlal Nehru.
2. The NIC is a statutory body with its powers and functions mentioned explicitly in the Constitution of India.
3. The NIC has a fixed membership of 75 members, including the Prime Minister, the Chief Ministers of all states, and representatives from various social and cultural organizations.
Which of the statements given above is/are correct?

(A) 1 only
(B) 2 only
(C) 2 and 3 only
(D) 1 and 3 only

Show Answer

Answer: (D)

Statement 2 is incorrect: The NIC is not a statutory body, and its powers and functions are not explicitly mentioned in the Constitution of India. It is an advisory body to the government.

Consider the following statements:
1. The Constitution has prescribed the legal and administrative qualifications of the members of the Election commission.
2. The Election commission grants recognition to political parties and allot election symbols to them.
3. Chief Election Commissioner of India, Rajiv Kumar acted as the International Observer in elections in Nepal in 2022.
4. T.N Seshan, a Ramon Magsaysay Award winner was the 10th Chief Election Commissioner of India.
Which of the following is/are correct.

(A) 1 & 2 only
(B) 1 & 3 only
(C) 2, 3 and 4 only
(D) 1, 2, 3 and 4

Show Answer

Answer: (c)

Statement 1 is incorrect: The Constitution has not prescribed the legal and administrative qualifications of the members of the Election commission.
Statement 2, 3 and 4 only are correct.

Consider the following statements:
1. The Part XIII is related to the Trade, Commerce and Intercourse within the Territory of India.
2. S K Dhar Commission recommended the reorganisation of states on the linguistic basis.
3. The state of Hyderabad was integrated to India through means of referendum while Junagarh through the police action.
Which of the statements given above are incorrect?

(A) 1 and 2 only
(B) 2 and 3 only
(C) 1, 2 and 3
(D) 1 and 3 only

Show Answer

Answer: (b)

Statement 1 is correct:
Statement 2 is incorrect: S. K. Dhar commission (1948) and JVP Committee (1948) advocated for reorganization of states based on geographical contiguity, administrative convenience, financial self-reliance and potential for development. The Commission that recommended the linguistic reorganization of states in India was the States Reorganization Commission (SRC) in 1955. The SRC, chaired by Fazal Ali, K.M. Panikkar, and H.N. Kunzru, recommended the creation of states on the basis of linguistic and cultural identity, which resulted in the formation of many states such as Andhra Pradesh, Tamil Nadu, Kerala, Maharashtra, and others.
Statement 3 is incorrect: The state of Hyderabad was integrated to India through means of the police action while Junagarh through referendum.

'To provide early childhood care and education for all children until they complete the age of six years' is a provision made in the:

(A) Fundamental Duties
(B) Directive Principles of State Policy
(C) Fundamental Rights
(D) Eleventh Schedule

Show Answer

Answer: (b)