Indian Polity Quiz: Day 22

Answer: (a)

Various new directive principles were added to part IV of the constitution over the years.

The major addition took place by the 42nd Amendment act, 1976, which include:  

• Article 39A: To promote equal justice and to provide free legal aid to the poor
• Article 43A: To take steps to secure the participation of workers in the management of industries
• Article 48A: To protect and improve the environment and to safeguard forests and wildlife.

Answer: d

• The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.
• The Preamble of Constitution of India provides for liberty of thought, expression, belief, faith and worship. Thus, in context of polity, liberty provides for an opportunity to develop oneself fully.

Answer: (b)

• Statement 1 is incorrect: A private body working as an instrument of the State also comes within the meaning of the ‘State’ under Article 12.
• Article 23 provides for prohibition of traffic in human beings and forced labour. This right is available to both citizens and non-citizens. It protects the individual not only against the State but also against private persons.
• As per Article 35 of Indian constitution, only Parlimanent has the right to make laws on Fundamental Rights.

Answer: (b)

Article 19 (2) of Indian Constitution empowers the State to instill reasonable restrictions on the following grounds: sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence. Hence, Statements 1, 2, 4 and 5 are correct.

Answer: (c)

• Statement 1 is correct. Rights not only indicate what the state must do, they also suggest what the state must refrain from doing. Rights ensure that the authority of the state is exercised without violating the sanctity of individual life and liberty.
• Statement 2 is incorrect. Fulfillment of rights is not dependent on fulfillment of duties. Rights are essential for well-being, respect and dignity of individuals. Rights such as the right to a livelihood, or freedom of expression, would be important for all human beings, who live in society and they are described as universal in nature.
• Statement 3 is correct. A right is essentially an entitlement or a justified claim. It denotes what we are entitled to as citizens, as individuals and as human beings. It is something that we consider to be due to us; something that the rest of society must recognise as being a legitimate claim that must be upheld.

Answer: (c)

• Statements 1 and 3 are correct: Independent India’s first elections (including Lok Sabha and state assemblies’ elections) were held from October , 1951 to February, 1952.
• First President/Vice President Elections: May 1952
• First Rajya Sabha Elections: April 1952

Answer: (b)

• Statement 1 is incorrect. The Budget Division of the Department of Economic Affairs (DEA) in the finance ministry is the nodal body responsible for producing the Budget.
• Statement 2 is correct. Consolidated Fund of India is mentioned under Article 266 of Indian Constitution.
• Statement 3 is incorrect. Provident Fund deposits, savings bank deposits, remittances etc are credited to the Public Account and this account is operated by Executive.

Answer: C

• Statement 1 is correct. There is no mention of a No-Confidence Motion in the Constitution of India. However, Rule 198 of the Rules of Procedure and conduct of Lok Sabha specifies the procedure for moving a no-confidence motion.
• Statement 2 is correct. A Council of Ministers is collectively responsible to Lok Sabha and it remains in office till it enjoys confidence of majority of the members in Lok Sabha. Thus, A no-confidence motion can be moved only in the Lok Sabha (orstate assembly as the case may be).

Answer: (d)

• Statement 1 is incorrect. Article 74 states that 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. By the Forty-Fourth Amendment Act,1978, it was decided that the President can ask the Council of Ministers to reconsider its advice but, has to accept the reconsidered advice of the Council of Ministers.
• Statement 2 is incorrect. If after an election, no leader has a clear majority in the Lok Sabha, then the President has to use his own discretion to appoint a person as the Prime Minister (may not necessarily be the leader with maximum seats) in judging who really may have the support of the majority or who can actually form and run the government.
• Statement 3 is incorrect. The President can be removed from office by a process of impeachment for ‘violation of the Constitution’. The impeachment charges can be initiated by either House of Parliament. These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days’ notice should be given to the President. However, the Constitution does not define the meaning of the phrase ‘violation of the Constitution’.

Answer: (a)

• Statement 1 is incorrect: The Constitution prescribed a 3-tier structure of Panchayati Raj Institutions throughout the country to bring some uniformity. However, this is not mandatory throughout the nation. In smaller states, with a population less than 20 lakhs, the State may choose not to create Panchayats at the intermediate (block) level.
• Statement 2 is correct: When a Panchayat is dissolved before completing its term of mandated 5 years, a new Panchayat is constituted in its place (if the remaining term is more than 6 months). Such a Panchayat continues only for the period that the original Panchayat would have existed – it does not enjoy a full term of 5 years.
• Statement 3 is correct: Constitution mandates creation of Gram Sabha in every village. It is a permanent body. It is a body consisting of all people registered in the electoral rolls of that area. The term Gram Sabha is defined in the Constitution of India under Article 243(b).

Answer: (d)

Answer: (c)

Article 292: Borrowing by the Government of India.—The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.

Answer: (a)

• The RTI Act mandates a timely response within 30 days to citizen requests for government information. An Indian citizen can file an RTI to seek information from government offices, departments, ministries, and all the organisations run by the government of India or any other state government.
• A person, who wants to receive any information under the RTI Act, can make a request in writing in English or Hindi or in the official language of the area where the application is being made and the applicant is not required to provide reasons for seeking information. Hence, statement 2 is not correct.

Answer: (c)

263. Provisions with respect to an inter-State Council.—If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of—
264. a) inquiring into and advising upon disputes which may have arisen between States; Hence statement 1 is correct.

(b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or

(c) making recommendations upon any such subject and, in particular, recommendations for the better co- ordination of policy and action with respect to that subject, it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure. Hence statement 2 is not correct.

• The council’s function to enquire and advice upon inter-state disputes is complementary to the Supreme Court’s jurisdiction under Article 131 to decide a legal controversy between the governments.
• The Council can deal with any controversy whether legal or non-legal, but its function is advisory unlike that of the court which gives a binding decision. Hence statement 3 is correct.

Answer: (a)

• The Parliament has taken away a fundamental right to property through the 44th amendment. Hence option (a) is not correct.
• This means that the Parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘basic structure of the Constitution. The doctrine of basic structure finds no mention in the constitution. It is completely a judicial innovation. Hence option (c) is correct.
• In the Waman Rao case (1981), the Supreme Court adhered to the doctrine of the ‘basic structure’ and further clarified that it would apply to constitutional amendments enacted after April 24, 1973 (i.e., the date of the judgment in the Kesavananda Bharati case). Hence option (b) is correct.
• The Supreme Court through many cases has judged various provisions and principles enshrined in the constitution as part of the basic structure of the constitution. Bhim Singhji Case (1981) Judgment states that the welfare state i.e. Socio-economic justice is a part of the basic structure of the constitution. Hence option (d) is correct.

Answer: (a)

Major provisions of the revamped Bill

• High penalties

Companies dealing in personal data of consumers that fail to take reasonable safeguards to prevent data breaches could end up facing penalties as high as around Rs 200 crore.

• Penalties are expected to vary on the basis of the nature of non-compliance by data fiduciaries(entities that handle and process personal data of individuals).

Companies failing to notify people impacted by a data breach could be fined around Rs 150 crore.

Those failing to safeguard children’s personal data could be fined close to Rs 100 crore.

In the previous version of the Bill, withdrawn earlier this year, the penalty proposed on a company for violation of the law was Rs 15 crore or 4 percent of its annual turnover, whichever is higher.

Answer: (d)

• The Appointments Committee of the Cabinet has recently approved appointments to fill 23 vacancies, including 11 as judicial members and 12 as administrative members, in the Armed Forces Tribunal (AFT).

About Armed Forces Tribunal (AFT)

• Legislature

The Armed Forces Tribunal Act 2007, was passed by the Parliament and led to the formation of AFT.

The Tribunal shall transact their proceedings as per the Armed Forces Tribunal (Procedure) rules, 2008.

• Bench

Besides the Principal Bench in New Delhi, AFT has Regional Benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar and Jaipur.

• Appointments

The Judicial Members are retired High Court Judges and Administrative Members are retired Members of the Armed Forces who have held the rank of Major General/ equivalent or above for a period of three years or more.

Answer: (d)

• The Aadhaar platform helps service providers authenticate identity of residents electronically, in a safe and quick manner, making service delivery more cost effective and efficient. According to the GoI and UIDAI, Aadhaar is not proof of citizenship.
• However, UIDAI has also published a set of contingencies when the Aadhaar issued by it is liable for rejection. An Aadhaar with mixed or anomalous biometric information or multiple names in a single name (like Urf or Alias) can be deactivated. Aadhaar can also get deactivated upon non-usage of the same for three consecutive years.

Answer: (a)

• 97th Constitutional Amendment Act, 2011 : Cooperative Societies
• The 7th amendment (1956) to the Indian Constitution sought to amend a large number of provisions in the Indian constitution so as to give effect to the scheme of the reorganization of the states and also to certain other necessary changes relating to the High Courts and High court Judges, the executive powers of the Union and the states and the legislative lists. It was passed after the ratification of half of the states.
• The 101st amendment (2017) to the constitution i.e. the GST Act was passed after the ratification of the states as it amended the seventh schedule changing the distribution of powers between the center and states. It altered the taxation system in the whole of India taking away some of the significant taxation powers of the states.
• The 61st amendment (1985) to the Constitution of India amended Article 326 of the Constitution relating to the election to the House of the people and to the Legislative Assemblies of States based on adult suffrage. Hence it was passed only after the ratification of half of the states. It reduced the voting age from 21 years to 18 years.

Answer: (c)

• They serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society and to their fellow citizens.
• They serve as a warning against the anti-national and antisocial activities like burning the national flag, destroying public property and so on.
• They serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them. They create a feeling that the citizens are not mere spectators but active participants in the realisation of national goals.
• They help the courts in examining and determining the constitutional validity of a law. In 1992, the Supreme Court ruled that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a fundamental duty, it may consider such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thu save such law from unconstitutionality.