UPSC Prelims Previous Year Questions 2019: Indian Polity | Indian Polity for UPSC CSE PDF Download

Ans: (b)

• In 1975, Parliament passed the Thirty-ninth amendment to the Constitution which removed the authority of the Supreme Court to adjudicate petitions regarding elections of the President, Vice President, Prime Minister and Speaker of the Lok Sabha. Instead, a body constituted by Parliament would be vested with the power to resolve such election disputes. So, option 1 is incorrect.
• Supreme court struck down 99th amendment as it impinges upon the principles of “independence of the judiciary”, as well as, “separation of powers”.

Ans: (c)
The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment. Hence, statement 3 is correct.

• A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.
• The Speaker/Chairman may admit the motion or refuse to admit it. Hence statement 1 is not correct.
• If it is admitted, then the Speaker/Chairman is to constitute a three-member committee to investigate into the charges.
• The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice of a high court, and (c) a distinguished jurist.
• If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the motion.
• After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge. Hence, Statement 4 is correct. Statement 1 is incorrect and 4 is correct by elimination we can see that only option C is correct.
• Finally, the president passes an order removing the judge.

Statement 2 is not correct: The constitution nowhere defines the term "incapacity and proved misbehaviour".

Ans: (a)
In the aftermath of Kameshwar Singh V State of Bihar judgment, the Government got apprehensive that the whole agrarian reform programmes would be endangered. To ensure that agrarian reform legislation did not run into heavy weather, the legislature amended the Constitution in the year 1951 under the Prime ministership of Jawahar Lal Nehru which inserted Ninth Schedule.

Ans: (a)

• Statement 1: The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification. Like–
  • Ministers of State and Deputy Ministers,
  • Parliamentary Secretaries and Parliamentary Under Secretaries,
  • Deputy Chief Whips in Parliament,
  • Vice-Chancellors of Universities,
  • Officers in the National Cadet Corps, and the Territorial Army, and
  • the Chairman and members of Advisory Committees set up by the Government when they are not entitled to any fee or remuneration other than compensatory Etc. Hence, Statement 1 is correct.
• Statement 2: It has been amended 5 times since its formulation 1960, 19992,1993,2006 and 2013. Hence, statement 2 is correct.
• Statement 3: The law or the constitution of India does not clearly define what constitutes an office of profit but the definition has evolved over the years with interpretations made in various court judgments. Hence Statement 3 is incorrect. By this information we can eliminate option b, c and d.

Ans: (b)

• Grant of mineral concessions in Scheduled Areas is guided by the provisions contained in article 244 along with Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal Areas and the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or any other relevant statutory acts protecting the interests of tribals.
• Under the fifth Schedule, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area.

Ans: (c)
There are 75 Particularly Vulnerable Tribal Groups (PVTGs), not 95, notified as on date in the country. The criteria followed for determination of PVTGs are as under:

• A pre-agriculture level of technology;
• A stagnant or declining population;
• Extremely low literacy; and
• A subsistence level of the economy. Hence, statement 3 is incorrect, which gives us option C as the correct answer by elimination method.

Ans: (b)
Article142- Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

Ans: (a)

• Statement 1 is correct: Article 176(1) of the Constitution of India enjoins that the Governor shall Address both the Houses assembled together at the commencement of the first Session after each general election to the Assembly and at the commencement of the first session of each year and inform the Legislature of the causes of its Summons.
• Statement 2 is incorrect: In case of absence of rules in particular matter, the speaker of state legislative assembly/council decides rules.

Rules of procedure:

• A House of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business
• Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be
• In a State having a Legislative Council the Governor, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make rules as to the procedure with respect to communications between the two Houses.

Ans: (b)

• The Indian Forest (Amendment) Bill 2018 permits felling and transit of bamboo grown in non-forest areas. However, bamboo grown on forest lands would continue to be classified as a tree and would be guided by the existing legal restrictions. Hence, staement 1 is not correct. 
• The Forest Rights Act (FRA) of 2006 recognises bamboo as an Minor Forest Produce and vests the “right of ownership, access to collect, use and dispose of minor forest pr oduce” with Scheduled Tribes and traditional forest dwellers. Hence statement 2 is correct. 
• In 2006, the Forest Rights Act (FRA) for the first time defined minor forest produce as including bamboo and tendu and many other things. It also gave tribals and other traditional forest dwellers the “right of ownership, access to collect, use and dispose of minor forest produce, which has been traditionally collected within or outside village boundaries.” Hence statement 3 is correct

Ans: (b) 

• The right to marry is a component of right to life under art 21 of constitution of India which says, “No person shall be deprived of his life and personal liberty except according to procedure established by law” " In the context of right to marry, mention may be made of a few Indian cases. Person who suffering from venereal disease, even prior to the marriage cannot be said to have any right to marry so long as he is not fully cured of the disease.
• In Lata singh vs state of Uttar Pradesh 2006, the Supreme Court viewed the right to marry as a component of right to life under Art 21 of Indian Constitution the court observed that:
  “This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter- caste marriage the maximum they can do is that they can cut off social relations with the son or daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such intercaste marriage”.

Ans: (c)

• Article 3(J) of Indian Patent Act, excludes from patentability “plants and animals in whole or in any part thereof other than microorganisms, including seeds, varieties, and species, and essentially biological processes for production or propagation of plants and animals”. Hence statement 1 is not correct.
• The Intellectual Property Appellate Board (IPAB) was constituted on 2003 by the Government of India to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999. Hence statement 2 is incorrect
• Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights (PBRs). In India, the Plant Variety Protection And Farmers Rights (PPVFR) Act, 2001 is a sui generis system that aims to provide for the establishment of an effective system for the protection of plant varieties and the rights of plant breeders and farmers. Hence statement 3 is correct.

Hence option C is correct.

Ans: (c)
Sarkaria commission gave its recommendations for the selection of Governors. 

Ans: (a)
The Compensatory Afforestation Fund Act 2016, establishes the National Compensatory Afforestation Fund under the Public Account of India, and a State Compensatory Afforestation Fund under the Public Account of each state.these funds are to be managed by the National and State Compensatory Afforestation Fund Management and Planning Authorities, also set up under the Act. However, there is no mention in the Act of mandatory people's participation in carrying out programmes under the Act. Hence, option (a) is correct.

Ans: (a)
In India, there are 24 Department Related Standing Committees that comprise members from both Houses of Parliament. These committees are ministry specific, and may review the working of regulators within their respective departments. For example, in August 2012, the Standing Committee on Energy presented a report on the functioning of the Central Electricity Regulatory Commission’. In 2011, the Standing Committee on Information Technology had listed the functioning of TRAI for examination. Parliament may also establish ad-hoc committees which may examine the working of regulators. For instance, the terms of reference of the Joint Parliamentary Committee (JPC) on the allocation of 2G spectrum include the review of the policy on spectrum pricing and grant of telecom licences. Another example of parliamentary oversight through ad-hoc committees is the scrutiny of the working of SEBI and RBI by the JPC on the stock market scam. Hence, option (a) is correct.

Ans: (c)
This new bill amends the Maternity Benefit Act of 1961. Under the new provision, women are entitled to visit creches four times a day. Maternity benefit of 26 weeks are provided. Out of 26 weeks, Up to eight weeks can be claimed before delivery. However, one can instead take the entire 26 weeks of leave after the delivery. If the woman has more than two surviving children, the maternity benefit is for 12 weeks only.

Ans: (d)
Social capital refers to connections among individuals – social networks and the norms of reciprocity and trustworthiness that arise from them.

Ans: (d)
The 42nd Amendment Act of 1976 curtailed the judicial review power of high court. It debarred the high courts from considering the constitutional validity of any central law. However, the 43rd Amendment Act of 1977 restored the original position. High Court has the power to invalidate any central law which goes against the ethos of the constitution. Similar is the case with Supreme Court. If any constitutional amendment goes against the basic structure of the constitution, Supreme court has the power to call it into question. In 2015, the Supreme Court declared both the 99th Constitutional Amendment, 2014 and the National Judicial Appointments Commission (NJAC) Act, 2014 as unconstitutional and null and void.

Ans: (d)
Option (d) seems the most appropriate answer because the Preamble of the Indian Constitution provides for Liberty of thought, expression, belief, faith and worship. This can be interpreted as liberty in the context of polity.