Day-727 | Daily MCQs | UPSC Prelims | POLITY

Answer: D
Explanation:
• Statement-I is incorrect: Article 82 and 170 of the Constitution provide that the number of seats in the Lok Sabha and State Legislative assemblies as well as its division into territorial constituencies shall be readjusted after each Census. This ‘delimitation process’ is performed by the ‘Delimitation Commission’ that is set up under an act of Parliament. Such an exercise was carried out after the 1951, 1961 and 1971 Census. The statement is incorrect as the issue is related to fixing of seats. Role of the delimitation Commission is to review and readjust, and not necessarily fixing of seats unless it is empowered to do so. Like 84th CAA, fixed the number of seats which is to remain same till 2026. Hence after 1971, seats have not been reviewed rather delimitation have been carried out.
• Statement-II is correct: The Constitution of India provides for the readjustment of seats in the Lok Sabha (lower house of Parliament) and State Legislative Assemblies after each Census. This process is called delimitation.
o Population changes over time. Some states experience faster population growth than others. This can lead to a situation where some constituencies (geographic areas represented by an elected official) have a much larger population than others. Delimitation ensures that each constituency has roughly the same number of people, resulting in fairer representation for all citizens. With equal population representation, each person’s vote carries roughly the same weight, regardless of where they live in the country. This strengthens the principle of “one person, one vote” in a democracy.

Answer: B
Explanation:
• Statement 1 is incorrect: Supreme Court while dismissing a petition challenging the appointment of Deputy Chief Ministers in States on the ground that no such position exists in the Constitution held that Deputy Chief Ministers are first and foremost Ministers in the government of the State. A person who holds the office of the deputy Chief minister must at any event, within a stipulated period, be an MLA/MLC or become a member of any House within six months after being appointed to the post. Such appointments do not breach the Constitution and are governed by the Procedure and Conduct of Business Rules of the respective states. According to such rules the structure of Council of Ministers is decided including their ranks, powers and status like Minister with Cabinet rank. Deputy Chief Minister, is considered equivalent to the Minister with a cabinet rank.
• Statement 2 is correct: Neither Article 163 nor Article 164 mentions a deputy Chief minister.
• Statement 3 is correct: The post of Deputy CM is understood as being equivalent in rank to that of Cabinet Minister (in the state). The Deputy CM enjoys the same pay and perks as a Cabinet Minister.

Answer: A
Explanation:
• Statement A is correct: An ex-parte injunction is a court order issued without hearing from the other party involved in the case. It’s a temporary measure used in urgent situations where there’s a risk of irreparable harm if immediate action isn’t taken.
• Statement B is incorrect: This describes a regular injunction. After both parties present their arguments and evidence, the court makes a decision on whether to grant an injunction. This type of injunction allows both sides to be heard before a ruling is made.
• Statement C is incorrect: Mediators don’t have the authority to issue injunctions. They facilitate discussions between parties to reach a mutually agreeable solution. Injunctions are court orders with legal consequences.
• Statement D is incorrect: This describes an appellate injunction. A higher court might issue an injunction to prevent a lower court’s decision from being enforced while an appeal is being heard. It’s not directly related to whether one or both parties were heard before the injunction was issued.

Answer: A
Context: The Madras High Court denied bail to Minister V. Senthilbalaji, even on medical grounds, in a money laundering case that led to his arrest by the Directorate of Enforcement (ED) in June 2023.
Explanation:
• Statement 1 is incorrect: Section 3 of the PMLA 2002 specifically defines the crime of money laundering. It says Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the (proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming) it as untainted property shall be guilty of offence of money-laundering.
• Statement 2 is correct: Section 8(5) of PMLA states that upon the conclusion of a trial of the offence of money laundering if the Special Court finds that offence of money laundering has been committed, it shall order for confiscation of the property involved in money laundering or which has been used for the commission of offence of money laundering.
• Statement 3 is incorrect: Section 45(1)(ii) of the Prevention of Money Laundering Act (PMLA), 2002 sets forth stricter conditions for granting bail in cases related to money laundering offences. Unlike regular bail applications, securing bail under PMLA is more challenging. The provision lays out two main requirements that the court must consider before granting bail to an accused:
1. Reasonable Grounds for Innocence: The court needs to be persuaded that there’s a credible chance the accused is not guilty of the money laundering charges. This means the evidence presented shouldn’t be overwhelming against the accused.
2. Unlikely to Commit Further Offenses: The court must be assured that releasing the accused on bail wouldn’t pose a risk of them committing other crimes while awaiting trial. This aims to prevent them from tampering with evidence or influencing witnesses.
It’s important to note that Section 45(1)(ii) doesn’t completely eliminate the possibility of bail for money laundering offenses. Recently Directorate of Enforcement (ED) approached the court with the opinion of not to grant the bail, however the Supreme Court grant the Bail to the accused arrested under the provisions of PMLA Law.

Answer: B
Context: The cases registered across the country and arrests made under the Narcotic Drugs and Psychotropic Substances (NDPS) Act increased by over 100% from 2018 to 2022, according to the Central government, as stated in the Rajya Sabha in August 2023.
Explanation:
• Statement 1 is correct: Enacted in 1985, the NDPS Act is the main legislation that deals with drugs and their trafficking. Various provisions of the Act punish production, manufacture, sale, possession, consumption, purchase, transport, and use of banned drugs, except for medical and scientific purposes.
• Statement 2 is correct: All the offenses under the NDPS Act are non-bailable. Under the Act, property acquired by a person from drug-related offenses, who has been convicted under the Act can be seized, frozen and forfeited by the government. Also, no relief can be sought by the drug convicts by termination, remission, and commutation of sentences passed.
• Statement 3 is incorrect: Narcotics Control Bureau (NCB) is the nodal drug law enforcement and intelligence agency of India responsible for fighting drug trafficking and the abuse of illegal substances. It functions under the Union Ministry of Home Affairs (MHA). It was established in March 1986 to enable full implementation of Narcotic Drugs and Psychotropic Substances Act, 1985 and fight its violation through Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988.
Central Bureau of Narcotics (CBN)
Central Bureau of Narcotics (CBN), works under the Department of Revenue, Ministry of Finance. The responsibilities of CBN are:
• Supervision over licit cultivation of opium poppy in India which is spread across 22 Districts 102 Tehsils/ Parganas in the States of Madhya Pradesh, Rajasthan and Uttar Pradesh.
• Preventive and enforcement functions especially in the three poppy growing States.
• Investigation of cases under the NDPS Act, 1985 and filing of complaint in the Court.
• Action for tracing and freezing of illegally acquired property as per the provisions of Chapter V-A of the NDPS Act, 1985.
• Issue of licences for manufacture of synthetic narcotic drugs.
• Issuance of Export Authorisations/ Import Certificate for export/ import of Narcotic Drugs and Psychotropic Substances.
Narcotics Control Bureau (NCB)
• The responsibility of drug abuse control, which is a central function, is carried out through a number of Ministries, Departments and Organisations. These include the Ministry of Finance, Department of Revenue which has the nodal co-ordination role as administrator of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
• The Narcotics Control Bureau is an Indian central law enforcement and intelligence agency under the Ministry of Home Affairs, Government of India. The agency is tasked with combating drug trafficking and the use of illegal substances under the provisions of Narcotic Drugs and Psychotropic Substances Act.