Day-505 | Daily MCQs | UPSC Prelims | POLITY

Answer: B
Explanation:
● Option B is correct. The disqualification starts from the date and time when the court has convicted any MP/MLA as per the Section 8 of RPA, 1951.
● Option A is incorrect as there is distinction between conviction and sentence. Disqualification can stay only in case if conviction is stayed. When the sentence is stayed, it means the execution has been delayed, not conviction. The conviction continues.
● Option C is incorrect as it doesn’t have any legal force rather they can be a formality.
● Option D is also incorrect as it is not necessary to hold the session for issuing notice.
● There are several grounds for disqualification of the members of legislature. In such RPA there are also some provisions including disqualifications in case of convictions of two or more years.
● The Section 8 of the Representation of the People Act, provides for the disqualification of a person convicted of an offense punishable by imprisonment for two years or more.
● The context of the question is related to the recent case of Rahul Gandhi disqualification. The RPA Section 8 clause 3 deals with disqualification. There was also Section 8 clause 4 which was nullified in Lily Thomas case 2013. It stated that if the convict within 3 months files an appeal against the conviction then the said member would not be disqualified.
● This clause was considered as violation of Article 14 as citizens don’t get such privileges and hence, the SC struck clause 4 of Section 8 popularly known as the Lily Thomas case.

Answer: A
Explanation:
● Option A is correct. All other three options are incorrect. The comptroller power means power of disallowance. It means the CAG authorization is needed for funds and it can reject authorization which works as a check on the misuse of funds. By this power, CAG has control on the public purse in actual practice. This power is enjoyed by the UK CAG.
● In case of Indian CAG, the designation was adopted by the framers of the Constitution without giving the comptroller power. In Indian condition, the CAG even during British time didn’t enjoy comptroller power. This power is enjoyed by the Ministry of Finance in India.
● Need has not been felt to give the comptroller power as the Indian system is also working well but it certainly makes CAG less effective that it can bark but cannot bite. It also makes audit post-mortem types.
● In case of option B, generally, CAG recommendations are not binding even if it enjoys comptroller power.
● CAG in any country generally works as auditor and doesn’t have to question policy matters of the government. It has nothing to do with comptroller powers. For instance, even Indian CAG can question the policy of the government under its propriety audit.
● The comptroller power has nothing to do with the control of the Consolidated Fund. For instance, in the UK, the Consolidated Fund is under control of the Bank of England.

Answer: D
Explanation:
Option D is correct. The Committees of Parliament can be described as legislative bodies. They are not the first three due to following factors:
● They have constitutional recognition under article 118 but they are not mentioned in the Constitution. They are created under the business rules of the government.
● They cannot be considered as executive as they are part of the legislature. They are also not statutory as they are not created by Act of Parliament.
● Hence, the best description can be either legislative bodies or extra-constitutional bodies.

Answer: D
Explanation:
Option D is correct and all other the first three options are incorrect. The following are the details of the furlough:
The Prisons Act of 1894 deals with furlough given to a prisoner.
● The Supreme Court in 2021 stated that the law doesn’t confer a legal right on a prisoner to be released on furlough.
● The grant of furlough is regulated by Rule 3 and Rule 4. While Rule 3 provides the eligibility criteria for grant of furlough for prisoners serving different lengths of imprisonment, Rule 4 imposes limitations.
● The use of the expression “may be released” in Rule 3 indicates the absence of an absolute right. This is further emphasised in Rule 17 which states that said Rules do not confer a legal right on a prisoner to claim release on furlough.
● Thus, the grant of release on furlough is a discretionary remedy circumscribed by Rules 3 and 4 extracted above.”
● The principles laid down by the Court are:
i. While parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason.
ii. The grant of furlough is to break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society.
iii. Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.

Asfaq v. State of Rajasthan, (2017) Key differences highlighted in the judgment are:
● Both parole and furlough are conditional release.
● Parole can be granted in case of short-term imprisonment whereas in furlough it is granted in case of long-term imprisonment.
● Duration of parole extends to one month whereas in the case of furlough it extends to fourteen days maximum.
● Parole is granted by Divisional Commissioner and furlough is granted by the Deputy Inspector General of Prisons.
● For parole, specific reason is required, whereas furlough is meant for breaking the monotony of imprisonment.
● The term of imprisonment is not included in the computation of the term of parole, whereas it is vice versa in furlough.
● Parole can be granted a number of times whereas there is limitation in the case of furlough. Since furlough is not granted for any particular reason, it can be denied in the interest of the society.

Answer: C
Explanation:
● Option C is incorrect. The correct statement is that under Section 45ZA (1) of the RBI Act, 1934, the Central Government determines the inflation target in terms of the Consumer Price Index, once in every five years in consultation with the RBI. That is, it is not the MPC rather the Government which sets the inflation target. The target was 4 plus-minus 2% for 2016 to 2021. For 2021 to 2026, the same target has been fixed.
● All the other options A, B & D are correct. Some additional information is as follows:
The Background
● MPC was set up consequent to the agreement reached between Government and RBI to task RBI with the responsibility for price stability and inflation targeting. The Reserve Bank of India and Government of India signed the Monetary Policy Framework Agreement on 20 February 2015. Subsequently, in 2016 Reserve Bank of India (RBI) Act, 1934 was amended for giving a statutory backing to the aforementioned Monetary Policy Framework Agreement and for setting up a Monetary Policy Committee (MPC). A new Chapter (Chapter IIIF, Section 45Z) was introduced in the RBI Act, through this Finance Bill, 2016, detailing the operation of MPC. The provisions in the Bill become effective once it is passed and notified as an Act of Parliament.
● Functions of the MPC: Under the Monetary Policy Framework Agreement, the RBI will be responsible for containing inflation targets at 4% (with a standard deviation of 2%) in the medium term. The newly designed statutory framework would mean that the RBI would have to give an explanation in the form of a report to the Central Government, if it failed to reach the specified inflation targets. It shall, in the report, give reasons for failure, remedial actions as well as estimated time within which the inflation target shall be achieved.
● Constitution of the MPC: The Central Government constitutes the MPC through a notification in the Official Gazette. Altogether, the MPC will have six members, – the RBI Governor (Chairperson), the RBI Deputy Governor in charge of monetary policy, one official nominated by the RBI Board and the remaining three members would represent the Government of India.
● These Government of India nominees are appointed by the Central Government based on the recommendations of a search cum selection committee consisting of the cabinet secretary (Chairperson), the RBI Governor, the secretary of the Department of Economic Affairs, Ministry of Finance, and three experts in the field of economics or banking as nominated by the central government.
● The three central government nominees of the MPC appointed by the search cum selection committee will hold office for a period of four years and will not be eligible for re-appointment. RBI Act prohibits appointing any Member of Parliament or Legislature or public servant, or any employee / Board / committee member of RBI or anyone with a conflict of interest with RBI or anybody above the age of 70 to the MPC.
● Decision Making at MPC: The proceedings of MPC are confidential and the quorum for a meeting shall be four Members, at least one of whom shall be the Governor and in his absence, the Deputy Governor who is the Member of the MPC.
● The MPC takes decisions based on majority vote (by those who are present and voting). In case of a tie, the RBI governor will have the second or casting vote. The decision of the Committee would be binding on the RBI.
● As per the Act, RBI has to organise at least four meetings of the MPC in a year. (More meetings can be held if the RBI Governor is of that opinion)
● The government may, if it considers necessary, convey its views, in writing, to the MPC from time to time.
● RBI is mandated to furnish necessary information to the MPC to facilitate their decision making and if any Member of the MPC, at any time, requests the RBI for additional information, including any data, models or analysis, the same have to be provided, not just to that member but to all members.