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Question 1 of 5
1. Question
2 points1. Consider the following statements in the context of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985:
1. The Act completely prohibits the cultivation of opium poppy or any cannabis plant in India.
2. Both the central and state governments have the authority to add or omit the name of a substance from the list of psychotropic substances.
3. As per the Act, the seized sample of the contraband should be duly certified by the Gazetted Officer to qualify as evidence in the court of law.
How many of the above given statements are correct?Correct
Answer: D
Explanation:
Statement 1 is incorrect: Section 8 of the NDPS Act, prohibits the cultivation of opium poppy or any cannabis plant except for medical or scientific purposes. Government may impose any restriction by way of licence, permit or authorisation.
Statement 2 is incorrect: Power to add to or omit from the list of psychotropic substances lies with the Central Government. This can be done for two reasons as specified in the Act:
● If the new information of the effects of any substance (natural or synthetic) has become available
● To give effect to the modifications or provisions (if any) which have been made to any International Convention with respect to such substance.
Statement 3 is incorrect: Section 52A of the NDPS Act mandates that for a seized contraband to be the primary evidence in the trial, has to be duly certified by the Magistrate.
In a recent judgment given by the Supreme Court in Yusuf @ Asif V. State (2023) the apex court held that the procedure and manner of seizing, preparing the inventory of the seized material, forwarding the seized material and getting the inventory certified by the Magistrate concerned, are all laid out under Section 52A of the NDPS Act. The said provisions also provide that the inventory or the photographs of the seized substance and any list of the samples seized, on being certified by the Magistrate can be recognized as the primary evidence in the trial.Incorrect
Answer: D
Explanation:
Statement 1 is incorrect: Section 8 of the NDPS Act, prohibits the cultivation of opium poppy or any cannabis plant except for medical or scientific purposes. Government may impose any restriction by way of licence, permit or authorisation.
Statement 2 is incorrect: Power to add to or omit from the list of psychotropic substances lies with the Central Government. This can be done for two reasons as specified in the Act:
● If the new information of the effects of any substance (natural or synthetic) has become available
● To give effect to the modifications or provisions (if any) which have been made to any International Convention with respect to such substance.
Statement 3 is incorrect: Section 52A of the NDPS Act mandates that for a seized contraband to be the primary evidence in the trial, has to be duly certified by the Magistrate.
In a recent judgment given by the Supreme Court in Yusuf @ Asif V. State (2023) the apex court held that the procedure and manner of seizing, preparing the inventory of the seized material, forwarding the seized material and getting the inventory certified by the Magistrate concerned, are all laid out under Section 52A of the NDPS Act. The said provisions also provide that the inventory or the photographs of the seized substance and any list of the samples seized, on being certified by the Magistrate can be recognized as the primary evidence in the trial. -
Question 2 of 5
2. Question
2 points2. Consider the following statements in the context of remote voting:
1. It will address the issue of migration induced ‘disenfranchisement of voters’.
2. It will help registered voters to exercise their constitutional right.
3. Remote voting solutions may enhance people’s participation in the elections.
How many of the above given statements are correct?Correct
Answer: B
Explanation:
Statement 1 is correct: Migration based disenfranchisement is not an option in the age of technological advancement. The voter turnout in General Elections 2019 was 67.4 % and the Election Commission of India is concerned about the issue of over 30 crore electors not exercising their franchise and also differential voter turnout in various states/UTs. Underlining the problems faced by domestic migrants travelling back home to vote, the Election Commission (EC) has developed remote polling stations.
Statement 2 is incorrect: Right to vote is a statutory right. Though at various instances the judges of the Supreme Court have opined that it shall be the constitutional right.
Statement 3 is correct: Since many of the migrant workers are employed at far off places from their home constituencies. Factors such as cost incurred in travelling, health and old age restricts them to cast their vote in home constituencies. Such inabilities to Vote are also cited by various governmental and non-governmental organisations as a factor for keeping the voter turnout low. The facility of remote voting will surely help in improving the voter turnouts.Incorrect
Answer: B
Explanation:
Statement 1 is correct: Migration based disenfranchisement is not an option in the age of technological advancement. The voter turnout in General Elections 2019 was 67.4 % and the Election Commission of India is concerned about the issue of over 30 crore electors not exercising their franchise and also differential voter turnout in various states/UTs. Underlining the problems faced by domestic migrants travelling back home to vote, the Election Commission (EC) has developed remote polling stations.
Statement 2 is incorrect: Right to vote is a statutory right. Though at various instances the judges of the Supreme Court have opined that it shall be the constitutional right.
Statement 3 is correct: Since many of the migrant workers are employed at far off places from their home constituencies. Factors such as cost incurred in travelling, health and old age restricts them to cast their vote in home constituencies. Such inabilities to Vote are also cited by various governmental and non-governmental organisations as a factor for keeping the voter turnout low. The facility of remote voting will surely help in improving the voter turnouts. -
Question 3 of 5
3. Question
2 points3. Consider the following statements:
Statement-I: NALSA was established to promote an inclusive legal system in order to ensure fair and meaningful justice to the marginalized and disadvantaged sections of the society.
Statement-II: Article 39A of the Constitution of India provides that State shall provide free legal aid.
Which one of the following is correct in respect of the above statements?Correct
Answer: A
Explanation:
Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I.
Statement-I is correct: In 1987, the Legal Services Authorities (LSA) Act was enacted to give free and competent legal services to the poor and paved the way for the constitution of the National Legal Service Authority (NALSA) and other legal service institutions at the State, district and taluka levels.
Free legal services under LSA Act are available to a person belonging to Schedule Tribe and Schedule Caste, a woman, child, victim of human trafficking, a differently abled person, an industrial workman, and a person in custody in a protective home and the poor.
Statement-II is correct: Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.
In two important judgments A.M.Hoskot v. State of Maharashtra (1978) and Hussainara Khatoon v. Home Secretary, State of Bihar (1979) the Supreme Court held that legal aid and speedy trial are to treated as a part of the fundamental rights under Article 21 of the Constitution. It is enforceable by the Courts and the State is under a duty to provide legal aid and legal assistance to a poor and needy person at its own expense.Incorrect
Answer: A
Explanation:
Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I.
Statement-I is correct: In 1987, the Legal Services Authorities (LSA) Act was enacted to give free and competent legal services to the poor and paved the way for the constitution of the National Legal Service Authority (NALSA) and other legal service institutions at the State, district and taluka levels.
Free legal services under LSA Act are available to a person belonging to Schedule Tribe and Schedule Caste, a woman, child, victim of human trafficking, a differently abled person, an industrial workman, and a person in custody in a protective home and the poor.
Statement-II is correct: Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.
In two important judgments A.M.Hoskot v. State of Maharashtra (1978) and Hussainara Khatoon v. Home Secretary, State of Bihar (1979) the Supreme Court held that legal aid and speedy trial are to treated as a part of the fundamental rights under Article 21 of the Constitution. It is enforceable by the Courts and the State is under a duty to provide legal aid and legal assistance to a poor and needy person at its own expense. -
Question 4 of 5
4. Question
2 points4. Which of the following is the most appropriate meaning of ‘doctrine of parens patriae’?
Correct
Answer: A
Explanation:
Statement 1 is correct: Parens patriae is a Latin term meaning “parent of the fatherland.” It is a legal term that refers to the government’s power to act as the legal guardian for people who are unable to care for themselves. Parens patriae is most commonly applied to cases regarding the custody and care of minor children and disabled adults. However, parens patriae is also applied in lawsuits between the states and in suits dealing with the wellbeing of a state’s entire population, e.g. environmental concerns or natural disasters.Incorrect
Answer: A
Explanation:
Statement 1 is correct: Parens patriae is a Latin term meaning “parent of the fatherland.” It is a legal term that refers to the government’s power to act as the legal guardian for people who are unable to care for themselves. Parens patriae is most commonly applied to cases regarding the custody and care of minor children and disabled adults. However, parens patriae is also applied in lawsuits between the states and in suits dealing with the wellbeing of a state’s entire population, e.g. environmental concerns or natural disasters. -
Question 5 of 5
5. Question
2 points5. In the context of the President of India, which of the following statements is incorrect?
Correct
Answer: C
Explanation:
Option A is correct: The Indian Parliament has a number of quasi-judicial functions, which include the impeachment process for the removal of the President, Vice-president, judges of the Supreme Court and High Courts.
Option B is correct: Under Article 61 of the Constitution of India, the President of India can be impeached only for the violation of the Constitution and that the charges against the President can be initiated by either of the House of the Parliament. Hence, Option D is also correct.
Option C is incorrect: The Constitution of India does not explicitly define the ‘violation of the Constitution’ for the purpose of impeachment of the President.Additional Information:
● The notice for the charges against the President must be signed by at least a quarter of the members of the House.
● The resolution to impeach the President must be passed by a special majority (two-thirds) in the originating House.
● The other House acts as the investigating House. A select committee investigates the charges labelled against the President.
● The President of India has the right to defend himself against the charges.Incorrect
Answer: C
Explanation:
Option A is correct: The Indian Parliament has a number of quasi-judicial functions, which include the impeachment process for the removal of the President, Vice-president, judges of the Supreme Court and High Courts.
Option B is correct: Under Article 61 of the Constitution of India, the President of India can be impeached only for the violation of the Constitution and that the charges against the President can be initiated by either of the House of the Parliament. Hence, Option D is also correct.
Option C is incorrect: The Constitution of India does not explicitly define the ‘violation of the Constitution’ for the purpose of impeachment of the President.Additional Information:
● The notice for the charges against the President must be signed by at least a quarter of the members of the House.
● The resolution to impeach the President must be passed by a special majority (two-thirds) in the originating House.
● The other House acts as the investigating House. A select committee investigates the charges labelled against the President.
● The President of India has the right to defend himself against the charges.
