Day-534 | Daily MCQs | UPSC Prelims | POLITY

Answer: D
Explanation:
Statement 1 is incorrect: The Deputy Speaker of the Lok Sabha is elected by the members from amongst its members and is not nominated by the Speaker of the Lok Sabha. Though the date of election of the Deputy Speaker is fixed by the Speaker of the Lok Sabha.
Statement 2 is incorrect: As per Article 95 of the Constitution of India, the Deputy Speaker performs the duties of the Speaker’s office when it is vacant and acts as the Speaker when the latter is absent from the sitting of the House. In both the cases, he assumes all the powers of the Speaker.
Statement 3 is incorrect: In case the Speaker is absent the Deputy Speaker can preside over the joint sitting of the Houses of the Parliament.

Answer: B
Explanation:
Statements 1 and 2 are correct: Pre-legislative review is a process where a bill is scrutinized by the political branches of government prior to enactment to assess its constitutionality or rights-compliance, thereby increasing constitutional engagement by the political branches of government.
This can enhance constitutional culture in three ways: first, pre-legislative review ensures better protection for constitutional rights than stand-alone judicial review because it encourages the political branches to legislate in a more rights-conscious manner; second, it democratizes access to constitutional rights and values by placing them beyond the gamut of an unelected judiciary, and into the political realm; third, the review provides broader avenues for constitutional scrutiny of legislation, since it is usually supplemented by judicial review.
Pre-legislative review assists in overcoming the limitations of judicial review. The expansion of the scope of review by an unelected judiciary raises concerns regarding constitutional and democratic legitimacy. For instance, judicial review, unlike the legislative process, results in restricted public participation in the policy-formulation process since the diverse viewpoints of relevant stakeholders remain unaccounted for before the judicial stage.
Statement 3 is incorrect: Parliamentary Committees draw their authority from Article 105 and 118 of the Constitution of India. They are the formal ways for the political branches to engage with the constitutionality of legislation at the pre-legislative stage.

Answer: B
Explanation:
Both Statement-I and Statement-II are correct, and Statement-II is not the correct explanation for Statement-I.
Statement-I is correct: A petitioner is entitled to relief under curative petition, if he establishes:
● violation of principles of natural justice where he was not a party to the list but the judgement adversely affected his interests.
● He was a party to the list, but he was not served with notice of the proceedings and the matter proceeded as if he has the choice.
● the parties giving scope for an apprehension of bias and the judgement adversely affects the petitioner.
The curative petition should also contain a certification by a Senior Advocate with regard to the fulfilment of the above requirements.
Statement-II is correct: Curative petition is the last constitutional remedy available to a person whose review petition has been dismissed by the Supreme Court.
Though the Constitution explicitly speaks about the review power of the Supreme Court under Article 137, it is silent about ‘curative power’.
The curative petition was given shape and form in the case of Rupa Ashok Hurra v. Ashok Hurra (2002), where the apex court reconsidered its judgment in exercise of its inherent power to prevent abuse of its process and to cure a gross miscarriage of justice.
It was explained in the said decision that the curative power of the Court flows from Article 142 of the Constitution, which gives the Court power to do complete justice.

Answer: C
Explanation:
73rd Constitution Amendment Act gave the constitutional status to the panchayati raj systems in India.
Few of the Compulsory Provisions provided by the amendment are:
● Organization of Gram Sabha in villages
● Establishment of Panchayats at three levels, i.e. Village, Block and District level.
● Direct election to all the seats of the Panchayats.
● Reservation of seats for SC-ST(according to population) and women(1/3rd)
● Establishment of State Finance Commission after every five years to review the financial position of Panchayats.
● The tenure of the Panchayats has been fixed for five years.
● Establishment of a State Election Commission for conducting elections to the panchayats.
Point 3 is incorrect: District Planning Committee was provided by the Seventy-fourth Constitutional Amendment Act, 1992.

Answer: D
Explanation:
Statement-I is incorrect: With the objective of holistically providing guidance and addressing the gaps in the existing Prisons Act, including the use of technology in prison management the centre has come up with the Model prisons Act 2023.
It contains provisions for grant of parole, furlough, remission to prisoners to encourage good conduct, special provision for women/ transgender inmates, physical and mental well-being of prisoners and focus on the reformation and rehabilitation of inmates, etc.
The comprehensive ‘Model Prisons Act, 2023’, by the Ministry of Home Affairs may serve as a guiding document for the States, and for adoption in their jurisdiction. The Constitution does not bind the states to reform their respective prison laws according to the Model prison Act, 2023.
Statement-II is correct: ‘Prisons’/’persons detained therein’ is a “State-List” subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India.
Administration and management of prisons and prisoners is the responsibility of respective State Governments who are competent to take appropriate action in this regard.
However, given the significance of prisons in the Criminal Justice System, the Ministry of Home Affairs has been providing regular guidance and support to the States and UTs on diverse issues relating to prison administration.
Additional Information:
Along with ‘The Prisons Act, 1894’, ‘The Prisoners Act, 1900’ and ‘The Transfer of Prisoners Act, 1950’ have also been reviewed by the Ministry of Home Affairs and relevant provisions of these Acts have been assimilated in the ‘Model Prisons Act, 2023.’
State Governments and Union Territory Administrations can benefit from the Model Prisons Act, 2023 by adopting it in their jurisdictions, with such modifications which they may consider necessary, and repeal the existing three Acts in their jurisdictions.
Some salient features of the new Model Prisons Act are:
● Provision for security assessment and segregation of prisoners, individual sentence planning,
● Grievance redressal, prison development board, attitudinal change towards prisoners.
● Provision of separate accommodation for women prisoners, transgender, etc.
● Provision for use of technology in prison administration with a view to bring transparency in prison administration.
● Provision for video conferencing with courts, scientific and technological interventions in prisons, etc.
● Provision of punishment for prisoners and jail staff for use of prohibited items like mobile phones etc. in jails.
● Provision regarding establishment and management of high security jail, open jail (open and semi open), etc.
● Provision for protecting the society from the criminal activities of hardened criminals and habitual offenders, etc.
● Provision for legal aid to prisoners, provision of parole, furlough and premature release etc. to incentivise good conduct.
● Focus on vocational training and skill development of prisoners and their reintegration into the society.