Day-716 | Daily MCQs | UPSC Prelims | POLITY

Answer: D
Explanation
According to Article 22 of the Constitution of India, there is a constitutional protection against arrest and detention. It stipulates that every individual who is detained or arrested has the right to learn the reasons for their custody or arrest as quickly as feasible. Within twenty-four hours, the Police are expected to present any arrested or detained individuals to the Magistrate, depending on the situation.
Parliament has the exclusive power to enact a law for preventive detention for reasons connected with defence, foreign affairs, or security of India. Both Parliament and State Legislature have powers to enact a law for preventive detention for reasons related to the maintenance of public order or the maintenance of supplies or services essential to the community.
In India, various laws provide for preventive detention, including the National Security Act (NSA) of 1980, the Unlawful Activities (Prevention) Act (UAPA) of 1967, and state-specific laws like the Maintenance of Internal Security Act (MISA) and the Public Safety Acts (PSA) in certain states.
The Supreme Court held that the ratio laid down in the judgment in the case Pankaj Bansal v Union of India (2023) mandating that grounds of arrest must be supplied to the accused in writing will also apply in the cases registered under the Unlawful Activities (Prevention) Act 1967. Hence Option D, Article 22 is the correct answer.
The Supreme Court held that the right to life and personal liberty is the most sacrosanct of fundamental rights while declaring that investigating agencies should provide people arrested under the Unlawful Activities Prevention Act (UAPA) with a written copy of information specifying the grounds of their arrest. The Court interpreted the Section 43B(1) of the UAPA and held that “ to inform the arrested person of the grounds for arrest would mean that the communication should be in writing.

Answer: B
Explanation
Statements 2 and 3 are correct while statements 1 and 4 are incorrect.
The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act, 1993 (PHRA). The PHRA outlines the composition, powers, and functions of the NHRC.
Statement 1 is incorrect: The Protection of Human Rights Act, 1993 (PHRA) Section 3(1) doesn’t restrict the appointment of a sitting Chief Justice of a High Court as a member of the NHRC.
Statement 2 is correct: The Protection of Human Rights Act, 1993 (PHRA), Section 6(1) lays down the tenure for the Chairperson and Members of the NHRC to be three years or till they reach 70 years of age, whichever comes first.
Statement 3 is correct: The PHRA, Section 12 empowers the NHRC to intervene in court proceedings involving human rights violations, but only with the permission of the court.
Statement 4 is incorrect: The central government can delegate its functions to State Human Rights Commissions for UTs except Delhi, Jammu and Kashmir, and Ladakh (Section 12(7) of the Protection of Human Rights Act, 1993). This empowers these State Commissions to address human rights issues in those UTs. However, for the UTs of Delhi, Jammu and Kashmir, and Ladakh, the NHRC directly handles human rights complaints (Section 12(8) of the Act).

Answer: B
Explanation
Statements 1 and 4 are correct while statements 2 and 3 are incorrect.
The question is based on the provisions as in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
Explanation:
Statement 1 is correct: Section 5 of the Act mentions that “the Chief Election Commissioner and other Election Commissioners shall be appointed from amongst persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India and shall be persons of integrity, who have knowledge of and experience in management and conduct of elections.”
Statement 2 is incorrect: Section 6 of the Act mentions that “A Search Committee headed by the Minister of Law and Justice and comprising two other members not below the rank of Secretary to the Government of India, shall prepare a panel of five persons for consideration of the Selection Committee, for appointment as the Chief Election Commissioner and other Election Commissioners.”
Statement 3 is incorrect: Section 7 of the Act mentions three persons as members of the selection committee as:
● the Prime Minister—Chairperson;
● the Leader of Opposition in the House of the People—Member;
● a Union Cabinet Minister to be nominated by the Prime Minister—Member
Statement 4 is correct: Section 8 of the Act mentions that the selection committee may also consider any other person than those included in the panel by the Search Committee.

Answer: A
Explanation
Option A best describes the essence of the term ‘equality before law’: This is the core principle of equality before law. It means everyone, regardless of background, wealth, status, or any other factor, is subject to the same laws and legal processes. No one gets a special pass or preferential treatment.
Option B is less appropriate: This is a good consequence of equality before law, but it’s not the whole picture. Even in different circumstances, people should still be treated equally under the law as long as the situations are relevant to the legal matter at hand.
Option C is less appropriate: Similar to Option B, this is an outcome, but not the core principle. Laws might need some flexibility based on specific situations, but there shouldn’t be arbitrary differences in application based on someone’s identity.
Option D is less appropriate: This is close, but it focuses on the discriminatory aspect. Equality before law goes beyond just avoiding discrimination. It ensures everyone is on a level playing field before the justice system.
While options (b), (c), and (d) are all desirable aspects of a legal system that upholds equality before law, option (a) captures the fundamental idea: the absence of privilege and the equal standing of all individuals in the eyes of the law.

Answer: B
Explanation
Pairs 1 and 4 are correctly matched while pairs 2 and 3 are incorrectly matched.
Articles in the India Constitution – Laws & Policies enacted there of
Article 43 – Khadi & Village Industries Commission
Article 45 – Right To Education Act 2009
Article 46 – Pradhan Mantri Van Dhan Yojana
Article 47 – Narcotic Drugs and Psychotropic Substances Act, 1985 National Health Policy, 2017
Pairs 1 and 4 are correctly matched while pairs 2 and 3 are incorrectly matched.