Test: Polity- 1 - UPSC MCQ

• Statement 1 is incorrect: The CAA specifically targets illegal immigrants from Afghanistan, Bangladesh, and Pakistan.

Citizenship (Amendment) Act, 2019

• It amends the Citizenship Act of 1955 and introduces changes to the criteria for acquiring Indian citizenship.
• The CAA specifically targets illegal immigrants from Afghanistan, Bangladesh, and Pakistan who are members of six religious minority communities: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
• The main objective of the Citizenship (Amendment) Act is to provide expedited Indian citizenship to persecuted minorities who entered India on or before December 31, 2014.
• It seeks to protect those individuals who faced religious persecution in the three neighboring countries and have been residing in India without valid documents.

• Statement 1 is correct: The guidelines for renunciation of Indian Citizenship are issued by the Union Ministry of Home Affairs (MHA). 
• Statement 2 is correct: As per Section 8 (2) of Indian Citizenship Act, 1955, “every minor child of a person who renounces their citizenship under Section 8(1), shall, thereupon, cease to be a citizen of India.

Provision for Citizenship by descent:

• A person born outside India shall be a citizen of India by descent,—
  • on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or
  • on or after the 10th day of December, 1992, if either of his parents is a citizen of India at the time of his birth: Provided that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless—
  • his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or
  • his father is, at the time of his birth, in service under a Government in India: Provided further that if either of the parents of a person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless—
  • A minor who is a citizen of India and also a citizen of any other country shall cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.

• Statement 1 is incorrect: Overseas Citizen of India means ‘a person’ registered as overseas citizen with the central government.
  • Here person does not include any company or association or anybody or individual.
• Statement 2 is correct: Foreign nationals cannot apply for OCI in India while on Tourist Visa, Missionary Visa and Mountaineering Visa. 
• Statement 3 is correct: Moreover, the foreigner has to be ordinarily resident of India to be eligible to apply for OCI registration in India.
  • ‘Ordinarily resident’ will mean a person staying in a particular country or in India for a continuous period of 6 months.
• Statement 4 is incorrect: The spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application is also eligible for registration as OCI cardholder.

A foreign national:

• Who was a citizen of India at the time of, or at any time after 26th January, 1950; or
• Who was eligible to become a citizen of India on 26th January, 1950; or
• Who belonged to a territory that became part of India after 15th August, 1947; or
• Who is a child or a grandchild or a great grandchild of such a citizen; or
• who is a minor child of such persons mentioned above; or (vi) who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India - is eligible for registration as OCI cardholder.

Citizenship

• Constitution of India does not deal with the problem of acquisition or loss of citizenship subsequent to its commencement. It empowers the Parliament to enact a law to provide for such matters and any other matter relating to citizenship. Accordingly, the Parliament has enacted the Citizenship Act (1955).
• According to the Constitution, the following four categories of persons became the citizens of India at its commencement i.e., on January 26, 1950:
  • A person who had his domicile in India
  • A person who migrated to India from Pakistan became an Indian citizen if he or either of his parents or any of his grandparents was born in undivided India.
  • Persons migrated to Pakistan but later returned;
  • Persons of Indian origin residing outside India.
• The other constitutional provisions with respect to the citizenship are as follows:
  • No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily acquired the citizenship of any foreign state.
• Every person who is or is deemed to be a citizen of India shall continue to be such citizen, subject to the provisions of any law made by Parliament.
  • Parliament shall have the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

• Statement 1 is correct: The power is divided between a central authority and various regional or state governments.
• Statement 2 is incorrect: The federal government is composed of three distinct branches: legislative, executive, and judicial.

Federal Government

• The federal government refers to the central government of a country that has a federal system of governance. In a federal system, power is divided between a central authority and various regional or state governments. The specific structure and functions of the federal government can vary from country to country.
• The federal government typically has authority over national-level issues such as defense, foreign policy, currency, interstate commerce, and overall governance of the country. It is responsible for making and enforcing laws, collecting taxes, and providing essential services to its citizens.
• In many countries, the federal government consists of three separate branches: the executive branch, the legislative branch, and the judicial branch. The executive branch, headed by the head of state or head of government, is responsible for implementing and enforcing laws. The legislative branch, usually a parliament or congress, is responsible for making laws. The judicial branch, comprising the courts, interprets the laws and ensures their proper application.

Citizenship Act 1955

• Articles 5 to 9 of the Constitution determine who are Indian citizens at the Commencement of the Constitution are and Article 10 provides for their continuance as such citizens subject to the provisions of any law that may be made by Parliament.
• The Constitution does not, however, make any provision with respect to the acquisition of citizenship after its commencement or the termination of citizenship or other matters relating to citizenship.
• Under Article 11, the Constitution expressly saves the power of Parliament to make a law to provide for such matters.
• It is obviously necessary to make such a law to supplement the provisions of the Constitution and this Bill seeks to achieve this object.
• This Act provides for the acquisition of citizenship, after the commencement of the Constitution, by birth, descent, registration, naturalisation and incorporation of territory. It also makes necessary provisions for the termination and deprivation of citizenship under certain circumstances.
• The Act also seeks to formally recognize Commonwealth citizenship and permit the Central Government to extend on a reciprocal basis such rights of an Indian citizen as may be agreed upon to the citizens of other Commonwealth countries and the Republic of Ireland.

• Option (a) is correct: The Preamble of the Indian Constitution aiming to create a just and egalitarian society where every individual enjoys fundamental rights and opportunities for growth.

Goals and Objectives of Preamble:

• The Preamble also expresses certain key objectives, such as justice, liberty, equality, and fraternity. These objectives are the guiding principles for the functioning of the Indian state and society.
• They encompass social, economic, and political aspects, aiming to create a just and egalitarian society where every individual enjoys fundamental rights and opportunities for growth.

• Statement 1 is incorrect: The Parliament (and not the legislature of a state) can prescribe residence within a state or union territory as a condition for certain employments or appointments in that state or union territory, or local authority or other authority within that state or union territory.

Parliament (under Article 16)

• In India, all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country and no discrimination is made between them.
• However, this general rule of absence of discrimination is subject to some exceptions, viz,
  • The Parliament (under Article 16) can prescribe residence within a state or union territory as a condition for certain employments or appointments in that state or union territory, or local authority or other authority within that state or union territory.
  • Accordingly, the Parliament enacted the Public Employment (Requirement as to Residence) Act, 1957, and thereby authorised the Government of India to prescribe residential qualification only for appointment to non-Gazetted posts in Andhra Pradesh, Himachal Pradesh, Manipur and Tripura.
  • The Constitution (under Article 15) prohibits discrimination against any citizen on grounds of religion, race, caste, sex or place of birth and not on the ground of residence.
  • This means that the state can provide special benefits or give preference to its residents in matters that do not come within the purview of the rights given by the Constitution to the Indian citizens.
  • For example, a state may offer concession in fees for education to its residents. 3. The freedom of movement and residence (under Article 19) is subjected to the protection of interests of any schedule tribe. In other words, the right of outsiders to enter, reside and settle in tribal areas is restricted.

• Statement 1 is correct: Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
• Statement 2 is incorrect: Article 3 of the Constitution provides that a State has no say over the formation of new States beyond communicating its views to Parliament.
• Article 3 assigns to Parliament the power to enact legislation for the formation of new States.
• Parliament may create new States in a number of ways, namely by:
  • separating territory from any State,
  • uniting two or more States,
  • uniting parts of States and
  • Uniting any territory to a part of any State.
• Statement 3 is correct: As per Article 2A. [Sikkim to be associated with the Union.] Represented by the Constitution (Thirtysixth Amendment) Act, 1975.
• Statement 4 is correct: Five current states viz. Goa, Himachal Pradesh, Manipur, Tripura and Mizoram were union territories before becoming fullfledged states.

Process referred for incorporation or alteration of boundaries:

• Firstly, a bill calling for formation of new States may be introduced in either House of Parliament only on the recommendation of the President.
• Secondly, such a bill must be referred by the President to the concerned State Legislature for expressing its views to Parliament if it contains provisions which affect the areas, boundaries or name of that State.
• As can be seen, the only role that the U.P. State Legislature [the Legislative Assembly and Legislative Council] will play in any future formation of new States is when the President calls for its views to be placed before Parliament.
• Parliament will not be bound by these views in the process of enacting legislation for the formation of new States.

Constitutional Provisions

• Article 246: Division of powers between the union and its constituents (Seventh Schedule of the Constitution contains three lists such as the Union List, State List, and Concurrent List) is a federal feature.
• Article 371: Provision with respect to the States of Maharashtra (Vidarbha and Marathwada) and Gujarat (Saurashtra and Kutch).
• Article 263: Establishing a permanent Inter-State Council as an independent national forum for consultation with a mandate well defined in accordance with Article 263 of the Constitution of India.
• Article 352: Article 352 says that if the President is ‘satisfied’ that a grave emergency exists whereby the security of India or any part of it is threatened due to outside aggression or armed rebellion, he may make a proclamation to that effect regarding whole of India or a part thereof.
• Article 356 gives wide powers to the Union government to assert its authority over a state if civil unrest occurs and the state government does not have the means to end it.
• The Constitution of India provides for a clear distribution of powers and responsibilities between the central government (referred to as the Union government) and the state governments. The key constitutional provisions related to the powers of the Union and the states are as follows:
  • Union List: The Union List contains subjects on which only the central government has the authority to make laws. This includes matters of national importance such as defense, foreign affairs, atomic energy, currency, banking, telecommunications, and interstate trade and commerce.
  • State List: The State List contains subjects on which only the state governments have the authority to make laws. This includes subjects such as public order, police, health, agriculture, local government, public health, and state taxation.
  • Residuary Powers: Any matter that is not explicitly mentioned in any of the three lists (Union, State, and Concurrent) falls under the residuary powers of the Union government. The central government has the authority to make laws on these matters.
  • Emergency Provisions: The Constitution empowers the central government to assume certain additional powers in times of emergency. During a national emergency, the central government gains the authority to make laws on subjects that fall within the state list. The state governments are required to comply with and implement these laws.
  • Financial Relations: The Constitution outlines the financial relations between the Union and the states. It provides for the distribution of revenues and grantsin-aid from the central government to the states. It also establishes a Finance Commission to recommend the sharing of financial resources between the Union and the states.
  • Inter-State Council: The Constitution provides for the establishment of an InterState Council to promote coordination and cooperation between the Union and the states. The council discusses and resolves disputes and issues related to the common interests of the Union and the states.

• Statement 1 is incorrect: The States Reorganisation Act of 1956 reduced the number of states from 27 to 14. The states were Andhra Pradesh, Assam, Bihar, Bombay, Jammu and Kashmir, Kerala, Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh, and West Bengal.
• Statement 2 is correct: To give effect to the scheme of reorganization, the States Reorganisation Act, of 1956, was enacted by the Parliament under Article 4 of the Constitution of India.
• 7th Constitutional Amendment: In order to implement the States Reorganisation Act, the Constitution introduced the 7th Constitutional Amendment, which received the Indian President’s assent on October 19, 1956.
• Statement 3 is correct: State Reorganization Acts were enacted in November 2000 for the purpose of reorganization of the then existing States of Uttar Pradesh, Madhya Pradesh and Bihar. As a result, UP was bifurcated into UP & Uttarakhand, Madhya Pradesh & Chhattisgarh and Bihar and Jharkhand.
• Statement 4 is incorrect: At present allocation of State Government employees between the successor States of Uttar Pradesh / Uttarakhand, Madhya Pradesh/ Chhattisgarh and Bihar/Jharkhand, is done by ‘Department of Personnel’.

State Reorganization Acts:

• In August 1953, the Then PM, Pt. Nehru appointed the States
• Reorganisation Commission (SRC), with Justice Fazl Ali, K.M. Panikkar, and Hriday Nath Kunzru as members, to examine ‘objectively and dispassionately ’ the entire question of the reorganization of the states of the Union.
• SRC widely accepted language as the foundation for state reorganization. It did, however, reject the theory of ‘one language, one state.’
• The SRC recommended the conversion of the four kinds of states into two categories States and Union territories and the merger of the erstwhile Part B state of Hyderabad with Andhra.
• New States and union territories created after 1956: The demand for the creation of some more states on the basis of language or cultural homogeneity resulted in the bifurcation of existing states.
• Maharashtra and Gujarat: In 1960, the bilingual state of Bombay was divided (Bombay Reorganisation Act, 1960) into two separate states- Maharashtra for Marathispeaking people and Gujarat (15th state) for Gujarati-speaking people.
• Dadra and Nagar Haveli: The Portuguese ruled this territory until its liberation in 1954. Subsequently, the administration was carried on till 1961 by an administrator chosen by the people themselves. It was converted into a union territory of India by the 10th constitutional Amendment Act, of 1961.
• Goa, Daman, and Diu: India acquired these three territories from the Portuguese by means of police action in 1961 and by the 12th CAA, 1962, they constituted a union territory later Goa was Statehood in 1987.
• Puducherry: Former french establishments in India- Puducherry, Karaikal, Yanam, and Mahe. The French handed over this territory to India in 1954 and by the 14th CAA, it was made a union territory.
• Nagaland: In 1963, the state of Nagaland out of Assam was created for the Nagas. It was meant to protect their culture and ethnicity. However, the division was also done based on geographical reasons.
• Haryana, Chandigarh, and Himachal Pradesh: Punjab reorganization act was passed in 1966. According to this, the state of Punjabi-speaking areas was made Haryana, and the hilly regions joined with Himachal Pradesh.
  • In addition, Chandigarh was made to serve as the joint capital for Punjab and Haryana. This followed the demand of ‘Sikh Homeland’ by Akalidal and on the recommendation of the Shah commission.
  • The later union territory of Himachal Pradesh was elevated to a full-fledged State in 1971.
• Manipur, Tripura and Meghalaya: On January 21, 1972, Tripura, Meghalaya, and Manipur became states under the North Eastern region reorganization act of 1971.
• Sikkim: Till 1947, Sikkim was ruled by Chogyal. After the lapse of British paramountcy, Sikkim became a ‘protectorate of India’. In 1974, Sikkim has conferred the status of a new class of state called ‘associate state’ by the 35th CAA.
  • However, this experiment did not last long and in 1975 a referendum was held and the people of Sikkim voted for the abolition of the institution of Chogyal and Sikkim became an integral part of India.
  • Consequently, Sikkim became a fullfledged state by the 36th CAA in 1976.
• Mizoram and Arunachal Pradesh: Mizoram, Arunachal Pradesh in February 1987 also acquired the status of state.
• Chhattisgarh, Uttarakhand, and Jharkhand: The 9th of November 2000 saw the separation of Uttar Pradesh into Uttarakhand (Uttranchal), which became India’s 27th state.
  • Lack of development in a geographically distinct region 93% of the land is hilly, and 64% of the overall area is forest and rising unemployment sparked the longstanding call for a separate state.
  • After a prolonged struggle for their separate state demand, the central government made Jharkhand-28th state of India on November 15th, 2000.
  • The demand for a separate state was later advanced by other tribal organizations and movements, including the Jharkhand Mukti Morcha, led by Shibu Soren.
  • Chhattisgarh was created out of the territory of Madhya Pradesh on November 1, 2000. Despite having such vast natural resource storage, the area was heavily underdeveloped, which was the main reason behind the demand for Chhattisgarh.
  • Telangana: In 1956, Telangana and Andhra combined to become Andhra Pradesh. The Telangana Praja Samiti, led by Marri Channa Reddy, started an agitation in the area in 1969. Long periods of time passed during the conflict with no breakthrough. Telangana finally became the 29th Indian state in 2014, under the Andhra Pradesh reorganization act.

Option (d) is correct: The Preamble begins with the powerful words, “We, the people of India,” emphasizing the democratic nature of the Indian state.
Preamble of the Indian Constitution

• The Preamble of the Indian Constitution is an introductory statement that serves as a preface and guiding philosophy for the entire constitutional framework of India. It reflects the aspirations, ideals, and objectives of the people of India, as well as the values and principles that form the foundation of the nation.
• The Preamble begins with the powerful words, “We, the people of India,” emphasizing the democratic nature of the Indian state. It signifies that ultimate sovereignty rests with the people and that the Constitution derives its authority from them. This phrase highlights the inclusive and participatory nature of the Indian democracy, where every citizen, regardless of caste, creed, religion, or gender, is an integral part of the nation-building process.

hilosophical dimension of Part III of the Indian Constitution

• Part III of the Indian Constitution, also known as the “Fundamental Rights,” holds immense philosophical signifi cance.
• It reflects the aspirations of the framers to create a just and equitable society that upholds the dignity and rights of every individual.
• The philosophical dimension of Part III can be understood through the lens of three key principles: equality, liberty, and social justice.

Amendability of the Constitution

• The Indian Constitution, adopted on January 26, 1950, provides a framework for the governance of India.
• It is a unique document that refl ects the aspirations and values of the Indian people. One of the signifi cant features of the Indian Constitution is its amendability, which allows for changes and adaptations to meet the evolving needs of the country.
• The amendability of the Indian Constitution is outlined in Article 368. It states that the Constitution can be amended by Parliament in accordance with the prescribed procedure.
• The procedure for amendment varies depending on the nature of the amendment. There are three types of amendments:
• Simple Majority: Some provisions of the Constitution can be amended by a simple majority of the members present and voting in each House of Parliament. These amendments do not require ratifi cation by the states.
• Special Majority: Certain provisions can be amended by a special majority, which requires a majority of the total membership of each House of Parliament and a two-thirds majority of the members present and voting. These amendments do not require ratifi cation by the states.
• Special Majority and Ratification by States: Some provisions that affect the federal nature of the Constitution require a special majority in Parliament and ratifi cation by at least half of the state legislatures.

Meaning and importance of Fundamental Rights

• Fundamental rights in India are a set of basic human rights guaranteed to every citizen under Part III of the Indian Constitution. These rights are considered essential for the development and well-being of individuals and are crucial for maintaining a democratic and inclusive society.
• Fundamental rights are individual rights that are considered fundamental to human dignity, freedom, and equality. They encompass a wide range of civil, political, economic, social, and cultural rights. These rights are enforceable by the courts, and any law or action that violates them can be challenged and struck down.
• Protection of individual liberty: Fundamental rights ensure the protection of individual liberties by safeguarding freedoms such as freedom of speech, expression, assembly, and association. They protect citizens from arbitrary arrest, detention, or discrimination, and guarantee equality before the law.

Constitutional Amendment

• The Indian Constitution has been amended several times since its adoption in 1950. These amendments have introduced changes, additions, or deletions to various provisions of the Constitution.
• Amendments affecting Fundamental Rights: These amendments deal with the fundamental rights guaranteed to Indian citizens. They can modify the scope, limitations, or interpretation of these rights. For example, the Right to Property was removed as a fundamental right through the 44th Amendment Act in 1978.
• Amendments affecting Directive Principles of State Policy: The Directive Principles of State Policy provide guidelines for the government to frame policies and legislation. Amendments can modify or add to these principles, shaping the social and economic objectives of the state.
• Amendments affecting the Structure of Government: These amendments pertain to changes in the structure, powers, and functioning of the various organs of the government. For instance, the 42nd Amendment Act in 1976 introduced signifi cant changes to the executive, judiciary, and legislature, increasing the power of the central government.
• Amendments related to Federalism: These amendments involve changes in the distribution of powers between the central government and the states. They may impact the legislative, administrative, or fi nancial relations between the center and the states.
• Amendments related to Elections: These amendments cover electoral processes, such as changes in the composition or powers of the Election Commission, reservation of seats for Scheduled Castes and Scheduled Tribes, and the conduct of elections.
• Amendments affecting the Special Status of Certain States: Some amendments have specific  provisions for certain states, such as changes in their status, powers, or autonomy. For instance, the 370th Amendment Act in 2019 abrogated Article 370, which provided special status to the state of Jammu and Kashmir.
• Other Amendments: There are various other types of amendments that don’t fall into the above categories. They could include changes in the language provisions, citizenship, offi cial languages, etc.

Objective of Fundamental Rights

• The Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people against the invasion by the State.
• They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. In short, they aim at establishing ‘a government of laws and not of men’.
• The Fundamental Rights are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land.
• They are ‘fundamental’ also in the sense that they are most essential for the allround development (material, intellectual, moral and spiritual) of the individuals.

Right against Exploitation

• The Right against Exploitation is one of the fundamental rights guaranteed under the Indian Constitution. It is enshrined in Articles 23 and 24 and aims to protect individuals from various forms of exploitation and ensure the preservation of human dignity. This right refl ects India’s commitment to social justice and the eradication of exploitative practices.
• Article 23 of the Indian Constitution prohibits traffic king in human beings and forced labor. It states that “Traffic in human beings and begar and other similar forms of forced labor are prohibited, and any contravention of this provision shall be an offense punishable in accordance with law.”
• This provision ensures that individuals are not subjected to slavery, forced labor, or any form of human traffi cking. It recognizes the inherent dignity and worth of every person and seeks to eliminate practices that treat individuals as mere commodities.
• Article 23 also prohibits begar, which refers to the practice of compelling someone to work without payment or under exploitative conditions. This provision aims to prevent the exploitation of vulnerable individuals who may be forced into labor against their will.
• Article 24 of the Indian Constitution further strengthens the Right against Exploitation by prohibiting the employment of children in hazardous occupations. It states that “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”

Article 34 and its uses

• Article 34 grants the Parliament the authority to impose reasonable restrictions on the fundamental rights of public offi cials, which includes members of the armed forces, paramilitary forces, and civil services.
• These restrictions can be related to participation in political activities, expressing views on government policies, and involvement in trade unions or associations.
• The rationale behind Article 34 is to maintain the political neutrality and impartiality of public offi cials, ensuring that their duties and responsibilities are carried out without any bias or interference.
• It aims to prevent public offi cials from engaging in activities that could compromise the effi ciency, integrity, or credibility of the public services they are a part of.

Tribal Sub-Plan (TSP) 

• TSP was established in 1974-75 as a strategic initiative to promote the development of areas with a signifi cant tribal concentration.

Identification and Allocation:

• A total of 41 Central Ministries/Departments have been designated for the earmarking of funds under the STC.
• State Governments are also required to allocate TSP funds in proportion to the Scheduled Tribe (ST) population, as per the 2011 Census, in relation to the overall State Plan.

Monitoring Responsibilities:

• The monitoring of the TSP plan was initially carried out by the former Planning Commission until 2017-18.
• However, starting from the fi scal year 2018-19, the Ministry of Tribal Affairs took over the monitoring of the STC plan.

Fund Allocation and Programs:

• The Government allocates funds for various schemes and programs across Ministries/ Departments to provide targeted fi nancial and physical benefi ts to the Scheduled Tribes.
• In 2018, the Ministry of Tribal Affairs launched an online portal known as the Scheduled Tribe Component Management Information System (STCMIS). This portal facilitates the monitoring of funds allocated and released for the welfare of Scheduled Tribes in the Union Budget.

Objective of the Scheduled Tribe Component:

• The main objective of the Scheduled Tribe Component is to channelize and monitor the allocation of resources and benefi ts from general sectors within the Central Ministries/Departments.
• The aim is to ensure the development of Scheduled Tribes, at least in proportion to their population, by directing the fl ow of outlays and benefi ts towards their welfare.

Bodoland Territorial Council

• The Councle came after the signing of the Memorandum of Settlement on 10th February, 2003, involving the Government of India, the Government of Assam, and the Bodo Liberation Tigers.
• The Bodoland Territorial Council Legislative Assembly consists of Speaker, Deputy Speaker and other elected MCLAs of the Bodoland Territorial Council.
• The executive and legislative powers of the Bodoland Territorial Council are derived from the provisions of the Sixth Schedule of the Constitution of India and the 2003 and 2020 Bodoland Peace Agreements.
• The primary objectives of the Council were to address the economic, educational, and linguistic aspirations of the Bodos, as well as to safeguard their land rights, socio-cultural heritage, and ethnic identity. Additionally, the Council aimed to expedite infrastructure development in the BTC area.
• The Council’s primary focus is to drive accelerated progress in one of the most underdeveloped regions of Assam, with particular attention given to the advancement of the Bodo community in areas such as education, preservation of land rights, linguistic aspirations, cultural heritage, and ethnic identity.
• Moreover, the BTC places signifi cant importance on enhancing the economic infrastructure throughout the entire area, with the goal of uplifting marginalized communities regardless of their caste, creed, or religion, who reside in this part of the country.

Development Council

• To uplift and sustain the socio-economic conditions of different backward communities, the Government of Assam has established 33 Development Councils.
• These Councils aim to decentralize power and responsibility, enabling them to address the specific  development needs of their respective communities.
• The primary function of these Council bodies is to design and implement various developmental schemes and projects in a prioritized and need- based manner.
• Each Development Council was created through separate Gazetted Notifi cations, with the initial establishments occurring in May and June of 2010, and in January of 2011.
• Additionally, during the period of 2015- 2016, a few more Development Councils were created to promote the socioeconomic, educational, cultural, and ethnic advancement of specifi c communities within the state of Assam. Some of the Development councils aíe as given below:
• Moían Development Council
• Mottok Development Council
• Maimal Development Council
• Moíia Development Council
• Goíkha Development Council

- Statement-I is correct: Both the Parliament and State legislatures can legislate on subjects in the Concurrent List. If there is a conflict, Parliament's law prevails, unless the state law receives Presidential assent.
- Statement-II is correct: Article 368 provides the Parliament with the power to amend the Constitution by addition, variation, or repeal of its provisions.
- Both statements are accurate, but Statement-II does not explain Statement-I; they address different constitutional aspects. Hence, the correct answer is B.

Inter-state councils

• As part of the process of reviewing the working of the existing arrangements between the Union and the States, the Government constituted a commission in 1988 under the Chairmanship of Justice R.S. Sarkaria.
• One of the important recommendations of Sarkaria Commission was for establishing a permanent Inter-State Council as an independent national forum for consultation with a mandate well defi ned in accordance with Article 263 of the Constitution of India.
• The inter-state council is a recommendatory body that has been empowered to investigate and discuss subjects of common interest between the Union and state(s), or among states. It also makes recommendations for better coordination of policy and action on these subjects, and deliberations on matters of general interest to the states, which may be referred to it by its chairman.
• It also deliberates on other matters of general interest to the states as may be referred by the chairman to the council. The Council may meet at least thrice in a year. There is also a Standing Committee of the Council.

Zonal councils

• The idea of creation of Zonal Councils was mooted by the first Prime Minister of India, Pandit Jawahar Lal Nehru in 1956 when during the course of debate on the report of the States Re-organisation Commission, he suggested that the States proposed to be reorganised may be grouped into four or five zones having an Advisory Council ‘to develop the habit of cooperative working” among these States.
• This suggestion was made by Pandit Nehru at a time when linguistic hostilities and bitterness as a result of re-organisation of the States on linguistic pattern were threatening the very fabric of our nation.
• As an antidote to this situation, it was suggested that a high level advisory forum should be set up to minimise the impact of these hostilities and to create healthy inter-State and Centre-State environment with a view to solving inter-State problems and fostering balanced socio economic development of the respective zones.
• In the light of the vision of Pandit Nehru, fi ve Zonal Councils were set up vide Part-III of the States Re-organisation Act, 1956. The present composition of each of these Zonal Councils is as under:
  • The Northern Zonal Council, comprising the States of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, National Capital Territory of Delhi and Union Territory of Chandigarh.
  • The Central Zonal Council, comprising the States of Chhattisgarh, Uttarakhand, Uttar Pradesh and Madhya Pradesh.
  • The Eastern Zonal Council, comprising the States of Bihar, Jharkhand, Orissa, Sikkim and West Bengal.
  • The Western Zonal Council, comprising the States of Goa, Gujarat, Maharashtra and the Union Territories of Daman & Diu and Dadra & Nagar Haveli.
  • The Southern Zonal Council, comprising the States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Puducherry.

The correct answer is d) only 2

Here's the explanation:

1. Statement 1: "NITI Aayog has been constituted to actualise the important goal of cooperative federalism and to enable good governance in India."  
   This statement is correct.  
   NITI Aayog was set up in 2015 to replace the Planning Commission, and one of its key objectives is to promote cooperative federalism by fostering the involvement of state governments in policy-making at the national level. It aims to promote good governance by formulating national strategies with active state participation.

2. Statement 2: NITI has established the Sustainable Action for Transforming Human Capital (SATH) programme to promote cooperative federalism among the states."  
   This statement is incorrect.  
   The SATH programme (Sustainable Action for Transforming Human Capital) was launched by NITI Aayog to improve education and healthcare sectors in select states, not specifically for promoting cooperative federalism. It aims at transforming human capital by working with states to strengthen these key areas.

Therefore, the incorrect statement is only 2, and the correct answer is d) 2 only.

Emergency provisions

• The term “emergency” refers to an unanticipated turn of circumstances that requires government bodies to act immediately within their jurisdiction.
• In situations of emergency, all civil rights—except Articles 20 and 21 of the Constitution of India suspended inside the state or nation. The failure of administrative equipment causes the majority of emergencies.
• According to Dr Bhimrao Rao Ambedkar, the Indian federal structure is distinctive in that it can become unitary when the institutional system breaks down.
• Additionally, the main goal of emergency legislative measures was to protect the area from dictatorship combined with the domestic disorder, conflicts, and foreign invasions.

- Statement 1 is incorrect. Article 356 pertains to President's Rule, not a National Emergency. It involves the failure of the constitutional machinery in a state.

- Statement 2 is correct. The first National Emergency in India was declared in October 1962 due to Chinese aggression. This emergency lasted until January 1968.

- Thus, the correct answer is C: 2 only.

42nd Amendment Act

• The 42nd Amendment Act in India is a signifi cant constitutional amendment that was passed in 1976 during the period of emergency in the country.
• It made several changes to the Indian Constitution and is considered one of the most controversial amendments in Indian history.
• The amendment changed the Preamble of the Indian Constitution to include the terms “Socialist,” “Secular,” and “Integrity” to refl ect the ideals and aspirations of the nation.
• It introduced a new chapter (Part IVA) in the Constitution that outlines the Fundamental Duties of Indian citizens.
• These are moral and civic responsibilities to the nation, such as respecting the national fla g, defending the country, promoting harmony, etc.
• The amendment accorded precedence to Directive Principles over Fundamental Rights, stating that if there is a confl ict between the two, the Directive Principles would take precedence.
• The amendment extended the duration of the President’s rule from one year to three years during a national emergency.
• The amendment declared that Parliament had the power to amend any part of the Constitution, including Fundamental Rights, and this power could not be challenged in court.
• It altered the balance between the Center and the States by granting greater control to the Union government, thereby reducing the autonomy of the States.
• The amendment abolished the privy purses and privileges granted to the former rulers of princely states by the 26th Amendment Act.

On November 26, 1949, the final version of the Constitution received the signature of the president of the assembly and was declared as passed. The provisions relating to citizenship, elections, provisional parliament, temporary and transitional provisions were given immediate effect from November 26, 1949.