Day-666 | Daily MCQs | UPSC Prelims | POLITY

Answer: D
Explanation:
The concept of the Rule of Law fundamentally revolves around the idea of equality. It asserts that no individual, regardless of their status, is above the law, and that all people are subject to the jurisdiction of the same laws. This principle is essential because it ensures that laws are applied uniformly without discrimination or bias, thereby promoting a sense of fairness and justice in society. The Rule of Law entails that every person, including government officials and citizens alike, must adhere to the laws of the land. This adherence prevents arbitrary governance and protects individuals from abuse of power. Equality under the Rule of Law means that laws are made transparently and are enforced consistently. It helps in maintaining public confidence in the legal system by assuring that legal norms are not applied in an arbitrary manner but rather administered with a standard of fairness that applies to all.

Answer: C
Explanation:
Option A is correct: The NDMA defines a disaster in Section 2(d) as a catastrophe, mishap, calamity or grave occurrence affecting any area, arising from natural or man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to property and environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.
Option B is correct: The Act, under various sections, including the powers and functions of the National Disaster Management Authority, mandates the formulation of policies, plans, and guidelines for disaster management to ensure timely and effective response to disasters.
Option C is incorrect: India, being a country prone to various natural disasters, has a funding system involving both the Finance Commission and government-appointed committees.
The Finance Commission is a constitutionally mandated body established every five years. One of its key responsibilities is to recommend the sharing of central tax revenue between the central government and the state governments. The Finance Commission takes into account the vulnerability of each state to natural disasters when determining the share of central tax revenue allocated to each state. This ensures states more prone to disasters receive a larger share of resources to manage potential risks. The Finance Commission also recommends the corpus (total amount) for disaster relief funds.
While the Finance Commission sets the baseline funding structure, the government can establish special committees to address specific disaster scenarios. These committees can be temporary or permanent depending on the nature of the disaster. These committees assess the specific needs arising from a particular disaster. Based on the assessment, they recommend additional funding allocations beyond the resources available.
Option D is correct: While the Act does not specifically mention “urban disasters,” it encompasses all regions, including urban areas, in its guidelines and policies for disaster management.

Answer: C
Explanation:
Statement 1 is correct: The right to property was originally a fundamental right under the Constitution of India but was removed from the list of fundamental rights by the 44th Constitutional Amendment in 1978. Now, it is only a legal right and constitutional right under Article 300A.
Statement 2 is correct: Since the right to property is now a legal right, any person aggrieved by any action affecting their property cannot seek remedy under Article 226 of the Constitution through the High Courts.
In Bandhua Mukti Morcha v. the Union of India (1984), it was held that Article 226 has a much broader scope than Article 32, as it gives the High Courts the power to issue orders, directions, and writs not only for the enforcement of fundamental rights but also for the enforcement of legal rights that are granted to the disadvantaged by statute and are just as important as the fundamental rights.
Statement 3 is correct: Though no longer a fundamental right, the right to property under Article 300A is justiciable, meaning a person can approach the courts if this right is violated by the state.
Statement 4 is incorrect: Under Article 300A, no person shall be deprived of his property save by authority of law. Thus, if a law is made or an executive order issued under the authority provided by law, it can indeed regulate but cannot deny the right to property.
The 44th Amendment reclassified the right to property to ensure that it could be regulated and that the state could implement laws to facilitate land reform and resource distribution without facing constitutional challenges based solely on infringements of a fundamental right.

Answer: C
Explanation:
Statement 1 is correct: Tribunals in India operate as quasi-judicial bodies, meaning they have powers and procedures resembling those of a court of law but are not courts in the traditional sense.
Statement 2 is correct: Under various statutes that establish tribunals, they are granted powers akin to those of a civil court concerning summoning and enforcing the attendance of any person, examining him under oath, requiring the discovery and production of documents, and receiving evidence on affidavits.
Statement 3 is incorrect: Tribunals are not bound by the strict rules of procedure described in the Civil Procedure Code (1908); instead, they are guided by principles of natural justice and are governed by the procedural rules laid down by their respective statutes.
Statement 4 is correct: Some tribunals in India, like the National Green Tribunal, have been given the power to punish for their contempt, akin to the powers of a civil court.
Statutory provisions like the Administrative Tribunals Act, 1985 and specific legislations related to individual tribunals detail these powers and functions, ensuring that they can function effectively without the rigid procedural requirements of traditional courts but with sufficient authority to enforce their mandates.

Answer: C
Explanation:
The Metropolitan Planning Committee (MPC) is a constitutional body under the Indian Constitution, as specified in Article 243ZE (Part IX-A). This article mandates the establishment of MPCs for every Metropolitan area with the purpose of preparing a draft development plan. These committees are tasked with creating plans that guide the sustainable development of metropolitan areas, integrating urban planning across multiple municipalities and addressing urban challenges comprehensively. This constitutional provision emphasizes the importance of structured urban development and local self-governance in India’s rapidly urbanizing landscape. The MPCs are vital for ensuring that development activities are coordinated and meet the broader objectives set forth by the government for metropolitan regions.
The Cabinet Committees: The Constitution of India does not explicitly mention Cabinet Committees. However, their formation and functioning stem from the executive powers vested in the Prime Minister and the Council of Ministers under Article 75 and Article 77 of the Constitution.
The Indian Cabinet, like many executive bodies, manages a vast workload. To ensure efficiency, the Constitution provides for the establishing rules for smoother government operations, including delegating tasks to ministers [Article 77(3)]. This provision lays the foundation for the creation of Cabinet Committees. These committees, though not directly mentioned in the Constitution (extra-constitutional), are authorized by the Government of India Transaction of Business Rules, 1961. In essence, Cabinet Committees act as specialized sub-groups within the larger Cabinet. They delve deeper into complex issues, allowing for informed decision-making when matters are brought before the full Cabinet. This division of labor fosters a more streamlined and efficient approach to governance.
The Public Accounts Committee (PAC): The Public Accounts Committee is established under Article 105 of the Constitution of India. This article empowers Parliament to constitute committees for scrutinizing the financial accounts of the government.
The functioning, powers, and duties of the Public Accounts Committee are further elaborated in the Rules of Procedure and Conduct of Business in Lok Sabha and the Rules of Procedure and Conduct of Business in Rajya Sabha. These rules define aspects like the composition of the committee, its chairperson, and the procedures for conducting audits and presenting reports.
The Law Commission: The Law Commission of India is established under the Law Commission of India Act, 1955. This Act defines the composition of the Commission, its functions (including reviewing existing laws, recommending legal reforms, and advising the government on codification), and its powers to conduct research and consultations.