Day-657 | Daily MCQs | UPSC Prelims | POLITY

Answer: D
Explanation:
• The District Draft Development Plan is prepared by the District Planning Committee (DPC). The DPC consolidates the plans prepared by the Panchayats and the Municipalities in the district and prepares a draft development plan for the district as a whole. This arrangement is established under Article 243ZD of the Indian Constitution, which mandates the creation of District Planning Committees at the district level to oversee and integrate development plans from various local bodies.

Answer: A
Explanation:
In the appointment of judges to High Courts in India, the process is tightly regulated to maintain judicial independence and ensure the separation of powers. The Constitution mandates that High Court judges are appointed by the President of India, but this decision is not unilateral. It involves consultations with key judicial figures to ensure a broad consensus and the suitability of the appointees. Among these, the Governor of the respective state plays a crucial role and is the only state functionary formally involved in the consultation process.
Selecting High Court Judges in India
• The Indian Constitution under Article 217 assigns the President the ultimate authority to appoint High Court judges. However, this power isn’t exercised unilaterally. A consultative process involving several key figures ensures a thorough selection. The Chief Justice of the relevant High Court, along with their two most senior colleagues, kickstarts the process by recommending potential candidates. These recommendations are then reviewed by a high-powered Collegium led by the Chief Justice of India (CJI) along with the two senior-most Supreme Court judges. This esteemed group makes the final call on who gets appointed.
• To tackle the challenge of case backlog, the Constitution also allows for the appointment of retired judges on a temporary basis. The Chief Justice of the High Court can propose such appointments, but they require the President’s approval.

Answer: C
Explanation:
The concept of human rights is founded on several core principles that ensure the dignity and equality of all humans.
• Option 1 is correct: Human rights are inherent to every human being, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. This means that every person is entitled to these rights simply by virtue of being human.
• Option 2 is correct: Human rights are universal, meaning they are applicable everywhere and for everyone, without exception. They are inalienable in that they cannot be taken away or given up, though they can sometimes be restricted legally within certain parameters in the interest of public safety, order, health, or the fundamental rights of others.
• Option 3 is incorrect: Human rights are based on the principle of equality and non-discrimination. This principle is a core part of international human rights law designed to ensure that everyone is treated equally and without discrimination. Therefore, human rights cannot be both “equal” and “discriminatory” as these are opposing concepts.
• Statement 4 is correct: Human rights are indivisible and interdependent, which means that all rights are of equal importance and are inherently connected to one another. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others.
Thus, option C, “Equal but discriminatory,” is not correct about human rights.

Answer: D
Explanation:
The Chief Minister plays a crucial role in the appointment of the Chief Secretary. The Chief Minister’s recommendation is pivotal, as the Chief Secretary acts as the senior-most civil servant in the state and typically works directly under the Chief Minister, heading the state’s civil services and implementing the government’s policies effectively.
While the Governor’s role is more ceremonial in nature in this context, the appointment of the Chief Secretary is formally made by the Governor based on the advice or recommendation of the state’s Chief Minister. This reflects the constitutional role of the Governor as the nominal head of the state where all executive actions of the state are formally taken in his/her name.
The Central Government, particularly through the Ministry of Personnel, Public Grievances and Pensions, may have an indirect role or interest, especially in cases where inter-state issues or central deputations are concerned. There is consultation process between DOPT and state governments and union generally gives consent to the choice of the state government.
The State High Court does not have any role in the administrative appointment of the Chief Secretary. Its functions are judicial, not administrative or executive. The High Court does not involve itself in the administrative decisions of the state unless there is a legal challenge or a judicial review prompted by issues of legality or constitutional violation.
Therefore, option D is the correct answer.

Answer: A
Explanation:
The Anti-defection law is applicable to only union legislature and state legislatures. The Anti-defection Law, enacted through the Tenth Schedule of the Indian Constitution, applies specifically to the Parliament and state legislatures. It was designed to curb political defection by legislators, thus it only pertains to MPs (Members of Parliament) and MLAs (Members of the Legislative Assembly).
The 74th Constitutional Amendment Act deals with the structure and empowerment of Urban Local Bodies (municipalities) and aims to enhance their functioning and governance. It does not specifically address defection politics within these bodies. Issues of defection in municipalities are generally guided by respective state municipal laws rather than a constitutional amendment.
While some states in India might have provisions or laws that address defection or the stability of municipal governments, it is not universally true that all states have their own specific anti-defection laws targeting municipalities. The applicability and enforcement of such laws vary significantly, and many states may handle defection at the municipal level through more general provisions within their respective municipal governance statutes, rather than through explicit anti-defection laws. The issue came to the light because of the recent incident during the Chandigarh Mayoral polls.
Hence only statement 1 is correct.