All questions of Other Constitutional Dimensions for BPSC (Bihar) Exam

The correct answer is option 'D' - To identify the creamy layer among the backward classes.

Explanation:
1. Introduction to the National Commission for Backward Classes (NCBC):
The National Commission for Backward Classes (NCBC) is a constitutional body established under Article 338B of the Constitution of India. It was set up with the aim of safeguarding the interests of socially and educationally backward classes, and to promote their welfare and advancement.

2. Functions of the National Commission for Backward Classes:
The NCBC has been entrusted with several important functions, which are as follows:

a) To examine requests for inclusion of a class of citizens as a backward class:
One of the primary functions of the NCBC is to examine requests for the inclusion of a particular class of citizens into the list of backward classes. The commission conducts thorough research and analysis to assess the social, educational, and economic backwardness of the concerned class.

b) To hear complaints of under-inclusion of any backward class:
The NCBC also has the responsibility to hear and address complaints regarding the under-inclusion of any backward class. If any class feels that it has been wrongly excluded from the list or has not received the benefits and privileges entitled to backward classes, they can approach the commission for redressal.

c) To hear complaints of over-inclusion of any backward class:
Similarly, the NCBC is also vested with the authority to hear and address complaints of over-inclusion of any backward class. If it is perceived that a particular class has been included in the list of backward classes despite not fulfilling the necessary criteria, the commission can investigate the matter and take appropriate action.

d) To identify the creamy layer among the backward classes:
Contrary to the given options, the identification of the creamy layer among the backward classes is not a function of the NCBC. The concept of the "creamy layer" refers to the relatively better-off sections within the backward classes who do not need the benefits of reservation. The responsibility of identifying the creamy layer lies with the central government, which periodically revises the income and other criteria for determining the creamy layer.

3. Conclusion:
In conclusion, the National Commission for Backward Classes (NCBC) plays a crucial role in examining inclusion requests, addressing under-inclusion and over-inclusion complaints of backward classes. However, it is not responsible for identifying the creamy layer among the backward classes. This function is carried out by the central government.

The correct answer is option 'B', Part XVII of the Constitution of India deals with the official language.

Official Language provisions in the Constitution of India:

1. Historical Background:
The issue of the official language in India was a contentious one during the framing of the Constitution. There were debates and discussions on whether Hindi should be the sole official language or if there should be provisions for the use of other languages as well.

2. Adoption of Hindi and English:
Ultimately, the Constitution of India, in Part XVII, recognized both Hindi and English as the official languages of the Union. English was to continue to be used for official purposes until a date specified by the President, and Hindi was to be progressively expanded to fulfill the role of the official language.

3. Official Language Commission:
To promote the use of Hindi, the Constitution also established the Official Language Commission, which was tasked with making recommendations regarding the progressive use of Hindi as the official language and to secure its enrichment.

4. Implementation of Hindi:
Under Part XVII, the President was given the authority to issue directives regarding the use of Hindi for official purposes. These directives were aimed at ensuring the gradual increase in the use of Hindi in various aspects of governance.

5. Official Language of the States:
While Hindi and English were recognized as the official languages of the Union, each state in India was given the freedom to adopt its own official language(s) for its own purposes. This provision aimed to respect the linguistic diversity of the country.

6. Language of the Judiciary:
Part XVII also addresses the language to be used in the High Courts and the Supreme Court. It states that the proceedings in the Supreme Court should be conducted in English, while the High Courts have the choice to use English or the respective official language of the state.

7. Promotion and Protection of Languages:
The Constitution of India, under Part XVII, also includes provisions for the promotion and protection of languages. It states that the Union and the states should endeavor to promote the welfare of the people by protecting and developing the languages used by various sections of the population.

In conclusion, Part XVII of the Constitution of India deals with the official language, recognizing both Hindi and English as the official languages of the Union. It also provides for the promotion and protection of languages and allows states to adopt their own official languages.

The correct answer is option C) 97th Amendment.

Explanation:
The 97th Amendment to the Constitution of India, passed in 2011, gave constitutional status and protection to the co-operative societies. Here is an explanation of the amendment and its significance:

1. Constitutional Status: The 97th Amendment added a new Part IXB to the Constitution, titled "The Co-operative Societies," which consists of Article 243ZH to Article 243ZT. By doing so, co-operative societies were given a constitutional status, ensuring their recognition and protection under the law.

2. Scope of the Amendment: The amendment applies to all types of co-operative societies, including housing, agriculture, credit, consumer, and other forms of co-operatives. It covers both multi-state and single-state co-operative societies.

3. Co-operative Societies under Panchayats and Municipalities: The amendment empowers the State Legislatures to make provisions for the inclusion of co-operative societies within the ambit of Panchayats and Municipalities. This enables local self-governments to play a role in the management and development of co-operative societies.

4. Democratic and Autonomous Functioning: The amendment emphasizes the principles of democratic functioning and autonomous management of co-operative societies. It mandates the conduct of regular elections, the formation of governing boards, and the provision for reservation of seats for weaker sections, women, and Scheduled Castes/Scheduled Tribes.

5. Role of National Co-operative Development Corporation (NCDC): The amendment encourages the promotion and development of co-operative societies through the NCDC. The NCDC provides financial assistance and support to co-operative societies for their growth and sustainability.

6. Cooperative Societies and Other Laws: The amendment ensures that the provisions of the Constitution relating to co-operative societies prevail over any other laws governing co-operatives. This strengthens the legal framework for the functioning and protection of co-operative societies.

7. Cooperative Societies and Fundamental Rights: The amendment clarifies that the rights guaranteed under Part III of the Constitution, which includes fundamental rights, are also applicable to members of co-operative societies. This ensures that the members of co-operative societies are not denied their basic rights.

The 97th Amendment to the Constitution of India was a significant step towards recognizing and protecting the role of co-operative societies in the socio-economic development of the country. It provided a constitutional framework for their functioning, ensuring democratic management, and promoting their growth and sustainability.

Official Language Policy in India

Background:

India has a rich linguistic diversity with over 19,500 languages and dialects. The Constitution of India recognizes Hindi and English as the official languages of the Union. However, the Constitution also recognizes the importance of preserving and promoting the diverse languages of India.

Official Language Act:

The Official Language Act of 1963 lays down the provisions regarding the use of official languages in India. The Act declares Hindi in the Devanagari script as the official language of the Union. However, it also provides for the use of English for official purposes until a date to be determined by Parliament.

State Official Languages:

Each state of India has its own official language(s), which are used for official purposes within the state. The Constitution of India allows the Parliament of India to make any one or more of the languages in use in a State or Hindi as the official language of that State.

Statements:

1. Parliament of India may make any one or more of the languages in use in a State or Hindi as the official language of that State. - This statement is correct.

2. The Official Language Act lays down that English should be used for purposes of communication between the Union and non-Hindi States. - This statement is correct.

Therefore, the correct answer is option B, i.e., only statement 2 is correct.

Correct answer: D

Explanation:
The given statements are related to the provisions made for certain communities and laws passed for the prevention of atrocities. Let's discuss each statement in detail:

1. There was a special provision for the Anglo-Indian community in certain services:
This statement is correct. The Constitution of India provided for special provisions for the Anglo-Indian community in certain services such as government jobs, education, and representation in the Lok Sabha and State Legislative Assemblies. This provision was made to protect the interests of the Anglo-Indian community, which was a minority community in India.

2. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was passed in 1955:
This statement is incorrect. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was passed in 1989 to prevent atrocities against the members of Scheduled Castes and Scheduled Tribes. The Act provides for stringent punishment for the offences committed against the members of these communities.

3. The Untouchability (Offences) Act was renamed as the Protection of Civil Rights Act:
This statement is correct. The Untouchability (Offences) Act was passed in 1955 to abolish the practice of untouchability in India. The Act was later renamed as the Protection of Civil Rights Act in 1976 to reflect its broader scope of protecting the civil rights of all citizens, regardless of their caste or religion.

Therefore, the correct answer is option D - 1 and 3.

Bodo language is primarily spoken in the state of Assam in India. It is one of the official languages of Assam, along with Assamese. Bodo is also spoken in some parts of neighboring states like West Bengal, Meghalaya, and Nagaland.

Here is a detailed explanation of why option 'A' (Assam) is the correct answer:

1. Bodo Language:
Bodo is an indigenous language belonging to the Tibeto-Burman language family. It is predominantly spoken by the Bodo people, who are the largest indigenous community in Assam. Bodo language has its own script called "Deodhai" and is recognized as one of the 22 scheduled languages of India.

2. Assam:
Assam is a northeastern state in India, bordered by seven other states and countries like Bhutan and Bangladesh. It is known for its diverse cultural and linguistic heritage. Assam is home to several ethnic communities, including the Bodo community, who speak the Bodo language.

3. Bodo Territorial Region (BTR):
To protect the rights and interests of the Bodo people, the Bodo Territorial Council (BTC) was formed in 2003. The BTC governs the Bodo Territorial Region, which includes four districts of Assam - Kokrajhar, Chirang, Baksa, and Udalguri. The official language of the BTC is Bodo, which further emphasizes the significance of the Bodo language in Assam.

4. Assam's Language Diversity:
Assam is known for its linguistic diversity, with several languages being spoken by different communities. Assamese is the principal language of the state and is widely spoken by the majority population. However, alongside Assamese, there are several other indigenous languages spoken in Assam, including Bodo, Bengali, Karbi, Mishing, Dimasa, and others.

Overall, Bodo language is predominantly spoken in the state of Assam, particularly in the Bodo Territorial Region. It holds significant cultural and linguistic importance for the Bodo community and is recognized as one of the official languages of Assam.

Regulation of District Cooperative Banks in India by RBI

Introduction
District Cooperative Banks (DCBs) are cooperative banks that operate at the district level in India, providing banking services to the rural and semi-urban population. These banks are registered under the Cooperative Societies Act of the respective states and are regulated by the Reserve Bank of India (RBI).

Role of RBI in Regulating DCBs
The RBI is the apex regulatory body for all banks in India, including DCBs. Its primary role is to ensure the safety and soundness of the banking system, maintain financial stability, and promote public confidence in the banking system.

Functions of RBI in Regulating DCBs
The RBI performs the following functions in regulating DCBs:

1. Licensing: The RBI is responsible for issuing licenses to DCBs to operate within a specific geographical area. It ensures that DCBs comply with all the necessary requirements, including capital adequacy, governance structure, and internal controls.

2. Supervision: The RBI regularly supervises DCBs to ensure that they comply with regulatory guidelines and maintain financial soundness. It conducts inspections, audits, and off-site surveillance to monitor the banks' performance and identify any potential risks.

3. Regulation: The RBI regulates DCBs by setting prudential norms for various aspects of their operations. These norms cover areas such as capital adequacy, asset classification, provisioning, exposure norms, and investment restrictions.

4. Resolution: In case of any financial distress or non-compliance by DCBs, the RBI has the power to intervene and take corrective action. It can enforce penalties, issue directions, or even cancel the bank's license if necessary.

Conclusion
In conclusion, the RBI plays a crucial role in regulating DCBs in India. By ensuring compliance with regulatory guidelines, maintaining financial stability, and promoting public confidence in the banking system, the RBI helps to create a robust and resilient banking system that can support the country's economic growth.

Article 331: National Commission for Scheduled Castes is not matched correctly.

Explanation:

- The correct match for Article 338-I is a) National Commission for Scheduled Tribes. This article establishes the National Commission for Scheduled Tribes as a constitutional body to safeguard the rights and interests of the Scheduled Tribes in India.
- The correct match for Article 330 is b) Reservation of seats for Scheduled Castes and Scheduled Tribes in Lok Sabha. This article provides for the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha, the lower house of the Parliament of India.
- The correct match for Article 333 is c) Representation of the people of the Anglo-Indian community in the Legislative Assemblies of the States. This article allows for the representation of the Anglo-Indian community in the Legislative Assemblies of the States by nominating members from the community if they are not adequately represented.

However, the match for Article 331 is incorrect. There is no provision in the Indian Constitution for a National Commission for Scheduled Castes under Article 331. The correct provision related to Scheduled Castes is Article 338, which establishes the National Commission for Scheduled Castes.

The National Commission for Scheduled Castes is a constitutional body established under Article 338 of the Indian Constitution. It is responsible for monitoring the safeguards provided for the Scheduled Castes and for inquiring into specific complaints regarding the violation of their rights. The commission has the power to investigate and recommend measures to improve the socio-economic conditions of Scheduled Castes and to protect them from discrimination and exploitation.

Therefore, the correct match for Article 331 should be: d) National Commission for Scheduled Castes.

The correct answer is option 'D', which means that Articles 343 to 351 of the Constitution of India contain provisions pertaining to the official language. Let's understand each of these articles and their significance in detail.

1. Article 343: Official language of the Union
- This article declares that Hindi in the Devanagari script shall be the official language of the Union government.
- However, English may continue to be used for official purposes until a resolution is passed by Parliament for its discontinuation.

2. Article 344: Commission and Committee of Parliament on official language
- This article establishes a Commission and a Committee of Parliament on official language.
- The President appoints a Commission every ten years to make recommendations regarding the use of Hindi as the official language.
- The Committee of Parliament on official language examines the recommendations of the Commission and submits its report to the President.

3. Article 345: Official language or languages of a State
- This article empowers each state to adopt its own official language(s) for use within the state.
- The state legislature has the authority to decide the language(s) to be used for official purposes in the state.

4. Article 346: Official language for communication between one state and another or between a state and the Union
- This article states that the language(s) to be used for communication between states or between a state and the Union shall be determined by the President.
- The President can specify either Hindi or English or both for such communication.

5. Article 347: Special provision relating to the language spoken by a section of the population of a State
- This article allows the Governor of a state to issue directions for the use of any language spoken by a section of the population in that state for official purposes.
- These directions are typically issued when a substantial population of a state speaks a language other than the official language of the state.

6. Article 348: Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
- This article specifies that the language to be used in the Supreme Court and the High Courts shall be English.
- Acts, Bills, and other official documents are also required to be translated into the official language of the state, if necessary.

7. Article 349: Special procedure for enactment of certain laws relating to language
- This article provides a special procedure for the enactment of laws relating to the language(s) spoken by a section of the population in a state.
- These laws require the President's approval before being introduced in the state legislature or Parliament.

8. Article 350: Language to be used in representations for redress of grievances
- This article ensures that every person has the right to submit a representation for the redress of grievances to any officer or authority of the Union or a state in any of the languages used in that area.

9. Article 351: Directive for the development of the Hindi language
- This article directs the Union government to promote and develop the Hindi language so as to serve as a medium of expression for all the elements of the composite culture of India.

Thus, Articles 343 to 351 of the Constitution of India contain provisions pertaining to the official language, covering various aspects such as the official language of the Union, official languages of the states, language in courts, language for communication between states, and more.

B)Mandal Commission
c)Sachar Commission

a)Kaka Saheb Kalelkar Commission, Mandal Commission, Sachar Commission

The correct answer is option 'C', the President of India.

Explanation:
The power to declare castes or tribes as Scheduled Castes (SC) or Scheduled Tribes (ST) is vested with the President of India. Let's understand this in detail:

1. Constitutional Provisions:
The Constitution of India provides for the special protection and privileges of Scheduled Castes and Scheduled Tribes. The provisions related to SCs and STs are mentioned under Articles 341 and 342 respectively.

2. Article 341 - Scheduled Castes:
Article 341 empowers the President to specify the castes, races, or tribes or parts thereof as Scheduled Castes. This means that the President has the authority to declare any caste or community as a Scheduled Caste. Once a caste or community is declared as a Scheduled Caste, it becomes eligible for various special provisions and benefits provided by the government.

3. Article 342 - Scheduled Tribes:
Similarly, Article 342 empowers the President to specify the tribes or tribal communities or parts thereof as Scheduled Tribes. The President has the power to declare any tribe or tribal community as a Scheduled Tribe. Once a tribe or tribal community is declared as a Scheduled Tribe, it becomes eligible for various special provisions and benefits provided by the government.

4. Role of the President:
The President is the head of the state and exercises executive powers. In the context of declaring castes or tribes as Scheduled Castes or Scheduled Tribes, the President acts on the advice of the Parliament. The Parliament recommends the inclusion or exclusion of any caste or tribe from the list of Scheduled Castes or Scheduled Tribes, and the President gives assent to such recommendations.

5. Importance of Scheduled Castes and Scheduled Tribes:
The Scheduled Castes and Scheduled Tribes are historically marginalized communities facing social, economic, and educational disadvantages. The special provisions and benefits provided to them aim to uplift their socio-economic status and ensure their equal participation in the development process.

In conclusion, the constitutional authority vested with the power of declaring castes or tribes as Scheduled Castes or Scheduled Tribes is the President of India. The President acts on the advice of the Parliament in this regard.

Understanding the Statements
The question presents two statements regarding co-operative societies in India, which are important for understanding the legal framework surrounding them.
Statement 1 Analysis
- The first statement suggests that "The Parliament may make provisions for the incorporation and regulation of co-operative societies."
- This statement is misleading as it implies that Parliament has exclusive authority over co-operatives. In reality, the incorporation and regulation of co-operative societies are primarily under the jurisdiction of state governments, as per the provisions of the Constitution of India (specifically, the State List).
Statement 2 Analysis
- The second statement claims that "The maximum number of directors of a co-operative society shall not exceed twenty-five."
- This statement is incorrect as well. The maximum number of directors can vary depending on the rules framed by each co-operative society and the relevant state laws. There is no universal cap of twenty-five directors; some societies may have more, and the limit is not standardized across all co-operatives.
Conclusion
- Both statements are inaccurate in the context of the legal provisions governing co-operative societies in India.
- Therefore, the correct answer is option 'D', as neither statement holds true based on the existing laws and regulations.
Key Takeaway
- Understanding the legal framework of co-operative societies involves recognizing the powers and limitations of both Parliament and state legislatures, as well as the variability of governance structures within different societies.

Background:
The special provisions for Scheduled Caste tribes and Anglo-Indians were originally made under the Constitution of India.

Duration:
These provisions were originally made for up to 1960.

Reason for the Provision:
The Scheduled Castes and Scheduled Tribes are historically marginalized communities that have faced discrimination and social exclusion for centuries. The provision was made to uplift these communities and provide them with opportunities for social, economic, and educational advancement.

Anglo-Indians:
Anglo-Indians are a small minority community in India with mixed Indian and European ancestry. They were also included in these special provisions to address their unique socio-economic challenges.

Extension:
The provisions have been extended multiple times since their original enactment in 1960. The latest extension was until 1991.

Impact:
These special provisions have played a crucial role in improving the socio-economic status of Scheduled Castes, Scheduled Tribes, and Anglo-Indians in India. They have helped in reducing disparities and promoting social justice in the country.