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Question 1 of 5
1. Question
1. Under how many of the following conditions, a person remains eligible to contest elections for Lok Sabha and Assemblies even if he/she has been convicted under the Representation of Peoples Act, 1951?
1. If the conviction is less than two years
2. If the conviction has been stayed by a higher court
3. If the sentence has been stayed by a higher court
4. If the case has been appealed in the Supreme Court
Select the correct answer using the options given below:Correct
Answer: B
Explanation: The statements 1 & 2 are Correct, and the statements 3 & 4 are Incorrect. The explanation is as follows:
1. The statements 1 is correct as per the present status of RPA 1951 and Supreme Court judgements. The Section 8 of the Representation of the People Act, provides for the disqualification of a person convicted of an offence punishable by imprisonment for two years or more. It means
2. The statement 2 is correct as per the Supreme Court judgement. In Ravikant S. Patil v. Sarvabhouma S. Bagali (2007), a contention was raised by the respondents that the appellant was disqualified from contesting the election to the Legislative Assembly under sub-section (3) of Section 8 of the Representation of People Act, 1951 as he had been convicted for an offence punishable under Sections 366 and 376 of the Indian Penal Code and it was held by the three-Judge Bench of the supreme court that as the High Court for special reasons had passed an order staying the conviction, the disqualification arising out of the conviction ceased to operate after the stay of conviction.
3. The statement 3 is Incorrect as there is difference between staying a conviction and staying a sentence. The staying of sentence doesn’t have safeguard and the said person will be held disqualified even if the case is pending in a higher court.
4. The statement 4 is Incorrect as it has no legal basis. It is irrespective of which court the case is pending or appeal has been filed. It is a statement for the sake of a statement.
Additional information for proper understanding of the case:
1. The disqualification related to conviction for two or more years is related to the RPA 1951 Section 8 clause 3 deals and clause 4.
2. The RPA 1951 Section 8 clause 3 states that if any person is convicted for two or more years, he/she stands disqualified for 6 years.
3. The RPA 1951 Section 8 clause 4 states that if the said person is MP/or MLA and an appeal has been filed then there will not be disqualification.
But in the Lily Thomas case 2013, the SC struck clause 4 of section 8 and hence, since then if MP/MLA are convicted for two or more years, they stand disqualified. However, as in Ravikant S. Patil v. Sarvabhouma S. Bagali (2007) if the conviction is stayed then there will not be disqualification. This is what happened in the Rahul Gandhi case, the SC stayed the conviction which resulted in the revival of his Lok Sabha membership.
There is also a difference between staying disqualification and staying conviction. When sentence is stayed then the conviction continues and there will not be any consequence of conviction. But when conviction is stayed then there may be possibility that the higher court may fully or partially strike the conviction.Incorrect
Answer: B
Explanation: The statements 1 & 2 are Correct, and the statements 3 & 4 are Incorrect. The explanation is as follows:
1. The statements 1 is correct as per the present status of RPA 1951 and Supreme Court judgements. The Section 8 of the Representation of the People Act, provides for the disqualification of a person convicted of an offence punishable by imprisonment for two years or more. It means
2. The statement 2 is correct as per the Supreme Court judgement. In Ravikant S. Patil v. Sarvabhouma S. Bagali (2007), a contention was raised by the respondents that the appellant was disqualified from contesting the election to the Legislative Assembly under sub-section (3) of Section 8 of the Representation of People Act, 1951 as he had been convicted for an offence punishable under Sections 366 and 376 of the Indian Penal Code and it was held by the three-Judge Bench of the supreme court that as the High Court for special reasons had passed an order staying the conviction, the disqualification arising out of the conviction ceased to operate after the stay of conviction.
3. The statement 3 is Incorrect as there is difference between staying a conviction and staying a sentence. The staying of sentence doesn’t have safeguard and the said person will be held disqualified even if the case is pending in a higher court.
4. The statement 4 is Incorrect as it has no legal basis. It is irrespective of which court the case is pending or appeal has been filed. It is a statement for the sake of a statement.
Additional information for proper understanding of the case:
1. The disqualification related to conviction for two or more years is related to the RPA 1951 Section 8 clause 3 deals and clause 4.
2. The RPA 1951 Section 8 clause 3 states that if any person is convicted for two or more years, he/she stands disqualified for 6 years.
3. The RPA 1951 Section 8 clause 4 states that if the said person is MP/or MLA and an appeal has been filed then there will not be disqualification.
But in the Lily Thomas case 2013, the SC struck clause 4 of section 8 and hence, since then if MP/MLA are convicted for two or more years, they stand disqualified. However, as in Ravikant S. Patil v. Sarvabhouma S. Bagali (2007) if the conviction is stayed then there will not be disqualification. This is what happened in the Rahul Gandhi case, the SC stayed the conviction which resulted in the revival of his Lok Sabha membership.
There is also a difference between staying disqualification and staying conviction. When sentence is stayed then the conviction continues and there will not be any consequence of conviction. But when conviction is stayed then there may be possibility that the higher court may fully or partially strike the conviction. -
Question 2 of 5
2. Question
2. How many of the following are not related to the term ‘asymmetrical federal polity’ in the context of Indian polity?
1. Seats in Rajya Sabha are based on population
2. There are some special powers enjoyed by states under Article 371
3. Two Union Territories have legislative powers vis-à-vis other Union Territories
4. The geographical and demographic asymmetry among states
Select the correct answer using the options given below:Correct
Answer: D
Explanation: All the four statements are correct. US has symmetrical federal polity as all states enjoy equal powers as well as the relationship between federal government and provincial governments is more even than what in India can be found. Indian polity is characterised by the Union of States in which the Union is stronger than the states. The detailed explanation is as follows:
1. A federal nation is one with a combination of two levels of government i.e. the central and the state government, where there is a substantial division of powers among them and both share equal status in a single political system.
2. All the four statements make Indian federal polity asymmetrical as they create power asymmetry.
3. Most of the countries’ provinces have equal seats in their Upper Chamber, india being an exception
4. Some states enjoy special powers under article 371, and till recent time under article 370
5. The geographical and demographic asymmetry among states make our federal polity extremely asymmetrical and has created north south divide like the share of UP alone is equal to all the southern states of fiscal transfers given to states through FC channel.
6. All the UTs should be equal but when two have legislative powers then they become asymmetrical
The 84th amendment was done to postpone the review of the total seats in the parliament based on population. States have been demanding for a more symmetrical federalism and the abolition of article 370 is a step in this direction.Incorrect
Answer: D
Explanation: All the four statements are correct. US has symmetrical federal polity as all states enjoy equal powers as well as the relationship between federal government and provincial governments is more even than what in India can be found. Indian polity is characterised by the Union of States in which the Union is stronger than the states. The detailed explanation is as follows:
1. A federal nation is one with a combination of two levels of government i.e. the central and the state government, where there is a substantial division of powers among them and both share equal status in a single political system.
2. All the four statements make Indian federal polity asymmetrical as they create power asymmetry.
3. Most of the countries’ provinces have equal seats in their Upper Chamber, india being an exception
4. Some states enjoy special powers under article 371, and till recent time under article 370
5. The geographical and demographic asymmetry among states make our federal polity extremely asymmetrical and has created north south divide like the share of UP alone is equal to all the southern states of fiscal transfers given to states through FC channel.
6. All the UTs should be equal but when two have legislative powers then they become asymmetrical
The 84th amendment was done to postpone the review of the total seats in the parliament based on population. States have been demanding for a more symmetrical federalism and the abolition of article 370 is a step in this direction. -
Question 3 of 5
3. Question
3. Under which one of the following laws a person can be declared as a ‘terrorist’ by the Government of India?
Correct
Answer: A
Explanation: Although all the four laws deal with security challenges in India, it is the UAPA law which deals with categorisation of any organisation or an individual as terrorist.
Unlawful Activities (Prevention) Act 1967: The central government by including organisations under ‘First Schedule’ may designate them as terrorist organisation if:
(i) They commit or participate in acts of terrorism
(ii) They prepare for terrorism
(iii) They promote terrorism
(iv) They are otherwise involved in terrorism.
Who is a terrorist? The government introduced Unlawful Activities (Prevention) Amendment Bill, 2019 in which a new provision was added to define individuals as terrorists.
The central government can now designate individuals as terrorists on similar grounds by means of the ‘Fourth Schedule’ to the original Act, which will include such names.
“A person can be declared a terrorist when they take part in terror activities, or provide funds, or harbour a terror theory and then spread it among youth. Terrorism is not just fostered by guns. Terrorism is also the spread of hate and radicalism. And the House should not object to this definition.”Incorrect
Answer: A
Explanation: Although all the four laws deal with security challenges in India, it is the UAPA law which deals with categorisation of any organisation or an individual as terrorist.
Unlawful Activities (Prevention) Act 1967: The central government by including organisations under ‘First Schedule’ may designate them as terrorist organisation if:
(i) They commit or participate in acts of terrorism
(ii) They prepare for terrorism
(iii) They promote terrorism
(iv) They are otherwise involved in terrorism.
Who is a terrorist? The government introduced Unlawful Activities (Prevention) Amendment Bill, 2019 in which a new provision was added to define individuals as terrorists.
The central government can now designate individuals as terrorists on similar grounds by means of the ‘Fourth Schedule’ to the original Act, which will include such names.
“A person can be declared a terrorist when they take part in terror activities, or provide funds, or harbour a terror theory and then spread it among youth. Terrorism is not just fostered by guns. Terrorism is also the spread of hate and radicalism. And the House should not object to this definition.” -
Question 4 of 5
4. Question
4. The term ‘default bail’ under the Indian legal system stands for:
Correct
Answer: D
Explanation: Option D definition is related to default bail. The explanation is as follows:
As such, “bail” refers to the release of a person from legal custody. Depending on the stage of the criminal proceeding, a person may ask for one of four types of bail in India:
1. Regular Bail: Regular bail is frequently issued to an individual who has previously been arrested and detained by police. The accused has the right to be freed from such confinement under Section 437 and Section 439 of the CrPC. So, a regular bail is simply the release of an accused from jail to ensure his attendance at the trial. The statement 1 is about regular bail.
2. Interim Bail: Interim bail is bail issued for a short period. Interim bail is granted to an accused before the hearing for regular or anticipatory bail. The statement 2 is about regular bail.
3. Anticipatory Bail: If a person suspects that he may be arrested for a non-bailable offence, he may petition for anticipatory bail. In recent years, this has become an important problem because corporate competitors and other prominent persons sometimes seek to frame their opponents with fake charges. It’s similar to obtaining advance bail under Section 438 of the CrPC. A bail under Section 438 may be bail before arrest, and an individual cannot be arrested by the police if the court has granted anticipatory bail. The statement 3 is about regular bail.
4. Default/Statutory Bail: The remedy of statutory bail, also known as default bail, is distinct from bail obtained in the ordinary procedure under CrPC Sections 437, 438, and 439. As the name implies, statutory bail is given when the police or investigating agency fails to file its report/complaint within a certain time frame. The statement 4 is about regular bail.
Classification of offences for bail purposes
1. Bailable Offence: Section 2(a) of the Code of Criminal Procedure defines bailable offences. An offence that is categorised as bailable is referred to as a bailable offence. In the event of such an offence, bail can be awarded as a matter of law under Section 436of the CrPC when such prerequisites have been satisfied. In the case of bailable offences, the police may grant bail to the offender at the moment of arrest or detention.
2. Non-Bailable: A non-bailable offence is one in which bail cannot be granted as a matter of right unless ordered by a competent court. In such instances, the accused may seek bail under Sections 437 and Section 439 of the Criminal Procedure Code of 1973. These are serious offences, as opposed to bailable offences. In the event of non-bailable offences, the penalty is three years or more.
It should be noted that the Court’s judicial discretion governs the issue of bail for non-bailable offences.Incorrect
Answer: D
Explanation: Option D definition is related to default bail. The explanation is as follows:
As such, “bail” refers to the release of a person from legal custody. Depending on the stage of the criminal proceeding, a person may ask for one of four types of bail in India:
1. Regular Bail: Regular bail is frequently issued to an individual who has previously been arrested and detained by police. The accused has the right to be freed from such confinement under Section 437 and Section 439 of the CrPC. So, a regular bail is simply the release of an accused from jail to ensure his attendance at the trial. The statement 1 is about regular bail.
2. Interim Bail: Interim bail is bail issued for a short period. Interim bail is granted to an accused before the hearing for regular or anticipatory bail. The statement 2 is about regular bail.
3. Anticipatory Bail: If a person suspects that he may be arrested for a non-bailable offence, he may petition for anticipatory bail. In recent years, this has become an important problem because corporate competitors and other prominent persons sometimes seek to frame their opponents with fake charges. It’s similar to obtaining advance bail under Section 438 of the CrPC. A bail under Section 438 may be bail before arrest, and an individual cannot be arrested by the police if the court has granted anticipatory bail. The statement 3 is about regular bail.
4. Default/Statutory Bail: The remedy of statutory bail, also known as default bail, is distinct from bail obtained in the ordinary procedure under CrPC Sections 437, 438, and 439. As the name implies, statutory bail is given when the police or investigating agency fails to file its report/complaint within a certain time frame. The statement 4 is about regular bail.
Classification of offences for bail purposes
1. Bailable Offence: Section 2(a) of the Code of Criminal Procedure defines bailable offences. An offence that is categorised as bailable is referred to as a bailable offence. In the event of such an offence, bail can be awarded as a matter of law under Section 436of the CrPC when such prerequisites have been satisfied. In the case of bailable offences, the police may grant bail to the offender at the moment of arrest or detention.
2. Non-Bailable: A non-bailable offence is one in which bail cannot be granted as a matter of right unless ordered by a competent court. In such instances, the accused may seek bail under Sections 437 and Section 439 of the Criminal Procedure Code of 1973. These are serious offences, as opposed to bailable offences. In the event of non-bailable offences, the penalty is three years or more.
It should be noted that the Court’s judicial discretion governs the issue of bail for non-bailable offences. -
Question 5 of 5
5. Question
5. Which authority decides the composition and functions of the District Planning Committees (DPCs)?
Correct
Answer: B
Explanation: Option B is correct. Although the 74th amendment act 1992 provides under article 243ZD about creation of the District Planning Committees (DPCs) but details of the Committee have not been provided which have been left to the state legislature to decide.
The constitution of District Planning Committees (DPCs) is mandatory under article 243ZD of the Constitution and is a common item for both Panchayats and Municipalities.
The provisions of the constitution are – there shall be constituted in every State at the district- level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.
The Legislature of a State may, by law, make provision with respect to:
(a) The composition of the District Planning Committees
(b) Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district-level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district
(c) The functions relating to district planning which may be assigned to such committees (d) The manner in which the Chairpersons of such committees shall be chosen
Every District Planning Committee shall, in preparing the draft development plan- (a) Have regard to-
(i) Matters of common interest between the Panchayats and the municipalities including spatial planning, sharing of water and other physical and natural
Research Study on Powers, Functions and Performance Gaps of DPCs in Preparation of Integrated District Planning: A Status Analysis—2016-17
resources, the integrated development of infrastructure and environmental
conservation
(ii) The extent and type of available resources whether financial or otherwise
(b) Consult such institutions and organisations as the Governor may, by order, specify
(c) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such committee, to the Government of the State.Incorrect
Answer: B
Explanation: Option B is correct. Although the 74th amendment act 1992 provides under article 243ZD about creation of the District Planning Committees (DPCs) but details of the Committee have not been provided which have been left to the state legislature to decide.
The constitution of District Planning Committees (DPCs) is mandatory under article 243ZD of the Constitution and is a common item for both Panchayats and Municipalities.
The provisions of the constitution are – there shall be constituted in every State at the district- level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.
The Legislature of a State may, by law, make provision with respect to:
(a) The composition of the District Planning Committees
(b) Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district-level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district
(c) The functions relating to district planning which may be assigned to such committees (d) The manner in which the Chairpersons of such committees shall be chosen
Every District Planning Committee shall, in preparing the draft development plan- (a) Have regard to-
(i) Matters of common interest between the Panchayats and the municipalities including spatial planning, sharing of water and other physical and natural
Research Study on Powers, Functions and Performance Gaps of DPCs in Preparation of Integrated District Planning: A Status Analysis—2016-17
resources, the integrated development of infrastructure and environmental
conservation
(ii) The extent and type of available resources whether financial or otherwise
(b) Consult such institutions and organisations as the Governor may, by order, specify
(c) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such committee, to the Government of the State.
