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All questions of National Commission for SCs, STs & BCs for BPSC (Bihar) Exam

Consider the following statement regarding State Human Rights Commission.
1. State Human Rights Commission is a constitutional body
2. The chairperson and members of the State Human Rights Commission are appointed by the President.
3. State Human Rights Commission reviews the constitutional and other legal safeguards for the protection of human rights.
Which of the above statements is/are correct?
  • a)
    2, 3
  • b)
    1, 3
  • c)
    3 only
  • d)
    1, 2
Correct answer is option 'C'. Can you explain this answer?

Preethi Chavan answered
Statement Analysis:
Statement 1: State Human Rights Commission is a constitutional body.
Statement 2: The chairperson and members of the State Human Rights Commission are appointed by the President.
Statement 3: State Human Rights Commission reviews the constitutional and other legal safeguards for the protection of human rights.

Explanation:
Statement 1 is incorrect as State Human Rights Commission is a statutory body and not a constitutional body. It is established under the Protection of Human Rights Act, 1993.

Statement 2 is incorrect as the chairperson and members of the State Human Rights Commission are appointed by the Governor of the respective state, and not by the President.

Statement 3 is correct. The State Human Rights Commission reviews the constitutional and other legal safeguards for the protection of human rights. It also inquires into complaints of human rights violations and makes recommendations for their effective implementation.

Therefore, the correct answer is option C, i.e., statement 3 only.

Conclusion:
In conclusion, it is important to understand that the State Human Rights Commission is a statutory body established under the Protection of Human Rights Act, 1993. Its primary function is to inquire into complaints of human rights violations and make recommendations for their effective implementation.

Consider the following statements
1. In order to safeguard the interests of the STs more effectively, it was proposed to set up a separate National Commission for STs by bifurcat-ning the existing combined National Commission for SCs and STs
2. This was done by passing the 65th Constitutional Amendment Act of 2003'
3. This Act further amended Article 338 and inserted a new Article 338-A in the Constitution Which of these statements is/are correct?
  • a)
    1 and 2 Only
  • b)
    2 and 3 Only
  • c)
    1 and 3 Only
  • d)
    All of them
Correct answer is option 'C'. Can you explain this answer?

Vikram Verma answered
The correct answer is C: 1 and 3 Only.
Explanation:

1. Formation of a separate National Commission for STs:
- In order to safeguard the interests of the Scheduled Tribes (STs) more effectively, it was proposed to set up a separate National Commission for STs by bifurcating the existing combined National Commission for Scheduled Castes (SCs) and STs.
2. 89th Constitutional Amendment Act, 2003:
- This was done by passing the 89th Constitutional Amendment Act of 2003 (not the 65th Constitutional Amendment Act as mentioned in statement 2).
- This Act further amended Article 338 and inserted a new Article 338-A in the Constitution.
Statement 2 is incorrect because it mentions the 65th Constitutional Amendment Act of 2003, while the correct Amendment Act is the 89th Constitutional Amendment Act of 2003.

Consider the following statements regarding the National Commission for STs.
1. The President also forwards any report of the Commission pertaining to a state government to the state governor.
2. The governor places it before the state legislature, along with a memorandum explaining the action taken on the recommendations of the Commission.
3. The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.
Which of these statements is/are correct?
  • a)
    1 Only
  • b)
    1 and 2 Only
  • c)
    1 and 3 Only
  • d)
    All of them
Correct answer is option 'D'. Can you explain this answer?

Rajesh Khatri answered
The correct answer is (d) All of them. The National Commission for STs (Scheduled Tribes) is a constitutional body established under the provisions of the Constitution of India. It is responsible for the protection, welfare, and development of the Scheduled Tribes in India. As per the provisions of the Constitution of India, the President of India is required to forward any report of the Commission pertaining to a state government to the state governor. The governor is then required to place the report before the state legislature, along with a memorandum explaining the action taken on the recommendations of the Commission. The memorandum should also contain the reasons for the non-acceptance of any such recommendations. Therefore, all three statements given in the question are correct.
Therefore, the correct answer is (d) All of them.

Which of the following statements are correct regarding powers of the National Commission for STs?
1. The commission has all the powers of a Civil and Criminal Court when trying a suit
2. It can issue summons for the examination of witness and documents
Choose from the following options.
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    None of them
Correct answer is option 'B'. Can you explain this answer?

Ojasvi Mehta answered
The Commission is vested with the power to regulate its own procedure. The commission, while investigating any matter or inquiring into any complaint, has all the power were of a civil court trying a suit and in particular in respect of the following matters: (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing summons for the examination of witnesses and documents; and (f) any other matter which the President may determine. The Central government and the state governments are required to consult the Commission major policy matters affecting the STs.

Consider the following statements about the powers of the National Commission for SCs:
1. It has the powers of a civil court while trying specific cases.
2, It is also required to discharge similar functions in respect of the Anglo-Indian community (a minority) as it does concerning the SCs.
3. The Central government and the state governments are required to consult the commission on all major policy matters affecting the SCs.
Which of these is/are correct? Choose the correct answer using the codes below:
  • a)
    Only 1
  • b)
    2 and 3
  • c)
    Only 3
  • d)
    1 and 3
Correct answer is option 'D'. Can you explain this answer?

T.S Academy answered
  • The Commission is vested with the power to regulate its procedure. While investigating any matter or inquiring into any complaint, it has all the powers of a civil court.
  • The Central government and the state governments are required to consult the Commission on all major policy matters affecting the SCs.
  • However, post the 102nd Constitutional Amendment Act, 2018, the National Commission for SCs is not mandated to discharge similar functions for the Anglo-Indian community
  • . Hence, only statements 1 and 3 are correct.

Consider the following statements.
1. The separate National Commission for STs came into existence in 1999
2. It consists of a chairperson, a vice-chairperson and three other members
Which of these statements is/are correct?
  • a)
    1 Only
  • b)
    2 Only
  • c)
    Both 1 and 2
  • d)
    None of them
Correct answer is option 'B'. Can you explain this answer?

Jhanvi Kumar answered
Explanation:
The correct answer is option 'B' - 2 Only.

Statement 1: The separate National Commission for STs came into existence in 1999.

This statement is incorrect. The National Commission for Scheduled Tribes (NCST) was established through an Act of Parliament in 2003, not in 1999. The NCST was set up under Article 338A of the Constitution to safeguard the rights and interests of the Scheduled Tribes (STs) and to promote their socio-economic development.

Statement 2: It consists of a chairperson, a vice-chairperson, and three other members.

This statement is correct. The National Commission for Scheduled Tribes (NCST) consists of a chairperson, a vice-chairperson, and three other members. The chairperson of the NCST is appointed by the President of India, and the other members are appointed by the President on the advice of the Prime Minister.

The NCST has the following composition:
1. Chairperson: The chairperson is a person who is or has been a judge of the Supreme Court or a High Court.
2. Vice-Chairperson: The vice-chairperson is a person who is or has been a judge of the Supreme Court or a High Court.
3. Three Other Members: The other members of the NCST are appointed from among persons of ability, integrity, and standing who have special knowledge of, and experience in, matters relating to the welfare of the Scheduled Tribes.

The NCST plays a crucial role in the protection and promotion of the rights of the Scheduled Tribes. It investigates and monitors all matters relating to the safeguards provided for the STs under the Constitution and other laws. It also inquires into specific complaints and safeguards the rights and interests of the STs. Additionally, the NCST advises the central and state governments on policies and programs for the welfare of the STs and reviews the progress of their development.

In conclusion, statement 1 is incorrect as the National Commission for Scheduled Tribes (NCST) was established in 2003, not in 1999. Statement 2 is correct as the NCST consists of a chairperson, a vice-chairperson, and three other members. Therefore, the correct answer is option 'B' - 2 Only.

Consider the following statements about the Election Commission of India (ECI).
1. The Chief Election Commissioner (CEC) is appointed by the President of India.
2. It enjoys the same kind of independence that the judiciary enjoys.
3. Once appointed, the Chief Election Commissioner is fully answerable to the government for its powers and responsibilities.
Select the correct answer using the codes below.
  • a)
    1 only
  • b)
    2 and 3 only
  • c)
    1 and 3 only
  • d)
    1 and 2 only
Correct answer is option 'D'. Can you explain this answer?

Preethi Mehta answered
The correct answer is option 'D' - 1 and 2 only. Let's understand each statement:

1. The Chief Election Commissioner (CEC) is appointed by the President of India:
- The Chief Election Commissioner and other Election Commissioners are appointed by the President of India.
- The appointment of the CEC is made under Article 324 of the Constitution of India.
- The President appoints the CEC based on the recommendation of the Prime Minister.
- The appointment is usually made after consultation with the Leader of Opposition in the Lok Sabha or the leader of the largest opposition party.

2. It enjoys the same kind of independence that the judiciary enjoys:
- The Election Commission of India (ECI) is an independent constitutional body responsible for the conduct and supervision of elections in India.
- The independence of the ECI is ensured to maintain the integrity and impartiality of the electoral process.
- The ECI functions independently from the executive and legislative branches of the government.
- It has the power to take decisions and implement policies related to elections without interference from the government.

3. Once appointed, the Chief Election Commissioner is fully answerable to the government for its powers and responsibilities:
- This statement is incorrect. Once appointed, the Chief Election Commissioner is not answerable to the government for its powers and responsibilities.
- The Chief Election Commissioner and other Election Commissioners have security of tenure.
- They cannot be removed from their office except in the same manner and on the same grounds as a judge of the Supreme Court.
- This ensures their independence and protects them from any undue influence or pressure from the government.

In conclusion, statement 1 is correct as the CEC is appointed by the President. Statement 2 is correct as the ECI enjoys independence similar to the judiciary. Statement 3 is incorrect as the Chief Election Commissioner is not answerable to the government once appointed. Therefore, the correct answer is option 'D' - 1 and 2 only.

Which of the following statements is INCORRECT?
1. The Salary, allowances, and other service conditions of the Information Commissioner are similar to those of the Election Commissioner.
2. Information Commissioner is not eligible for reappointment for the same post.
  • a)
    1 Only
  • b)
    None 
  • c)
    Both
  • d)
    2 Only
Correct answer is option 'D'. Can you explain this answer?

Utkarsh Joshi answered
Statement 1: The salary,  allowances, and other service conditions of the  Chief Information  Commissioner are similar to those of the  Chief  Election Commissioner and that of the  Information  Commissioner are similar to those of an  Election  Commissioner.  But, they cannot be varied to his disadvantage during service.
Statement 2: The Chief Information Commissioner and an Information Commissioner hold office for a  term of  5  years or until they attain the age of  65  years, whichever is earlier. They are not eligible for reappointment. The  Information  Commissioner is eligible for appointment as  Chief Information  Commissioner but cannot hold office for more than a total of five years including his term as Information Commissioner.

Under which act was SPSC given the status of a constitutional body?
  • a)
    Government of India Act, 1935
  • b)
    Government of India Act, 1858
  • c)
    The Indian Councils Act, 1892
  • d)
    The Indian Councils Act, 1861
Correct answer is option 'A'. Can you explain this answer?

Arun Khatri answered
The Government of India Act, 1935 provided for the establishment of the Public Service Commission at the Provincial level known as the State Public Service Commission and the constitution of India gave it a constitutional status as an autonomous body.

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