Day-737
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Question 1 of 5
1. Question
1. In the context of fiscal federalism in India, consider the following statements:
1. Taxes levied and collected by the Union and distributed between the Union and the states are based on the recommendation of the Finance Commission.
2. The Constitution of India empowers the Union government to borrow money either within or outside the country while a state government can borrow within India only.
Which of the above given statements is/are correct?Correct
Answer: C
Explanation:
Statement 1 is correct: The Constitution of India mandates that certain taxes should be levied and collected by the Union government, but the proceeds should be shared between the Union and the states. This arrangement is outlined in Article 270 of the Constitution. Article 270 helps to address the disparities in revenue generation and expenditure needs among different states. By considering various factors, the Finance Commission’s recommendations strive to allocate resources fairly and equitably.
Statement 2 is correct: The Constitution of India grants the Union and State governments specific powers to borrow money. These powers are outlined in Articles 292 and 293, respectively.
Article 292 of the Constitution of India empowers the Union government to borrow money both within India and outside the country. This means that the Union can raise loans from various sources, including:
● Domestic Sources: The Union can borrow money from domestic lenders such as banks, financial institutions within India.
● Foreign Sources: The Union can also borrow money from foreign lenders, including foreign governments, international financial institutions, and foreign banks.
Article 293 of the Constitution of India limits the borrowing powers of the State governments to within India. This means that State governments cannot borrow money from foreign sources. They can only raise loans from domestic lenders.
The rationale behind this restriction is to prevent State governments from incurring excessive foreign debt, which could lead to financial instability and dependence on foreign powers. By limiting their borrowing to domestic sources, State governments are encouraged to be more prudent in their financial management.Incorrect
Answer: C
Explanation:
Statement 1 is correct: The Constitution of India mandates that certain taxes should be levied and collected by the Union government, but the proceeds should be shared between the Union and the states. This arrangement is outlined in Article 270 of the Constitution. Article 270 helps to address the disparities in revenue generation and expenditure needs among different states. By considering various factors, the Finance Commission’s recommendations strive to allocate resources fairly and equitably.
Statement 2 is correct: The Constitution of India grants the Union and State governments specific powers to borrow money. These powers are outlined in Articles 292 and 293, respectively.
Article 292 of the Constitution of India empowers the Union government to borrow money both within India and outside the country. This means that the Union can raise loans from various sources, including:
● Domestic Sources: The Union can borrow money from domestic lenders such as banks, financial institutions within India.
● Foreign Sources: The Union can also borrow money from foreign lenders, including foreign governments, international financial institutions, and foreign banks.
Article 293 of the Constitution of India limits the borrowing powers of the State governments to within India. This means that State governments cannot borrow money from foreign sources. They can only raise loans from domestic lenders.
The rationale behind this restriction is to prevent State governments from incurring excessive foreign debt, which could lead to financial instability and dependence on foreign powers. By limiting their borrowing to domestic sources, State governments are encouraged to be more prudent in their financial management. -
Question 2 of 5
2. Question
2. Consider the following:
1. To inquire, only suo motu or on a petition presented by a victim
2. Intervene in any proceeding of human rights violation pending before a court with the approval of the court
3. Spread human rights literacy among various sections of society
4. Review of constitutional safeguards and other laws for the protection of human rights
How many of the above given are the functions performed by the National Human Rights Commission in India?Correct
Answer: C
Explanation:
NHRC of India is an independent statutory body established in 1993 as per provisions of Protection of Human Rights Act, 1993, later amended in 2006. It is the watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and enforceable by courts in India.
It was established in conformity with the Paris Principles.
The Commission has a wide mandate. Its functions, listed in Section 12 (a) to (j) of the PHRA, are as:
● to inquire, Suo motu or on a petition presented to it by the victim or any person on his behalf or a direction or order of any court, into the complaint of;
o violation of human rights or abetment thereof, or;
o negligence in the prevention of such violation, by a public servant.
● It intervenes in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court,
● undertakes visits to any jail or other institution under the control of the state government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and makes recommendations thereon to the government.
● It reviews the safeguards provided by or under the Constitution or law for the protection of human rights and also the factors, including acts of terrorism, which inhibit the enjoyment of human rights and recommend measures for effective implementation of the law for appropriate remedy.
● The Commission also studies treaties and other international instruments of human rights.
● It makes recommendations for their effective implementation, undertakes and promotes research in the field of human rights, spreads human rights literacy among various sections of society and promotes awareness of the safeguards available for protecting these rights through publications, media, seminars and other means.
● It encourages the efforts of non-governmental organizations working in the field of human rights and such other functions as it may consider necessary to protect human rights.Incorrect
Answer: C
Explanation:
NHRC of India is an independent statutory body established in 1993 as per provisions of Protection of Human Rights Act, 1993, later amended in 2006. It is the watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and enforceable by courts in India.
It was established in conformity with the Paris Principles.
The Commission has a wide mandate. Its functions, listed in Section 12 (a) to (j) of the PHRA, are as:
● to inquire, Suo motu or on a petition presented to it by the victim or any person on his behalf or a direction or order of any court, into the complaint of;
o violation of human rights or abetment thereof, or;
o negligence in the prevention of such violation, by a public servant.
● It intervenes in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court,
● undertakes visits to any jail or other institution under the control of the state government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and makes recommendations thereon to the government.
● It reviews the safeguards provided by or under the Constitution or law for the protection of human rights and also the factors, including acts of terrorism, which inhibit the enjoyment of human rights and recommend measures for effective implementation of the law for appropriate remedy.
● The Commission also studies treaties and other international instruments of human rights.
● It makes recommendations for their effective implementation, undertakes and promotes research in the field of human rights, spreads human rights literacy among various sections of society and promotes awareness of the safeguards available for protecting these rights through publications, media, seminars and other means.
● It encourages the efforts of non-governmental organizations working in the field of human rights and such other functions as it may consider necessary to protect human rights. -
Question 3 of 5
3. Question
3. Consider the following:
1. Kesavananda Bharati vs State of Kerala (1973)
2. 42nd Constitutional Amendment (1976)
3. Minerva Mills vs Union of India (1980)
4. Waman Rao vs Union of India (1981)
How many of the above given are associated with the harmonious balance between fundamental rights and DPSPs?Correct
Answer: D
Explanation:
The 25th amendment introduced Article 31C to protect laws enacted to fulfil Article 39(b) and (c) from challenges under Articles 14 and 19 of the Constitution. This provision aimed to exempt legislation promoting the common good from fundamental rights scrutiny. In Kesavananda Bharati vs State of Kerala (1973) the court upheld the validity of Article 31C but made it subject to judicial review.
Parliament enacted the 42nd Constitutional Amendment to extend the scope of the Article 31C by including within its purview any law to implement any of the DPSPs specified in Part IV of the constitutional and not merely Article 39 (b) or (c).
In Minerva Mills vs Union of India (1980), the 42nd CAA was challenged. The court declared the amendment unconstitutional and held that while DPSPs provided the ends of governance, fundamental rights constituted the means to such ends.
In Waman Rao vs Union of India (1981) the court upheld the validity of Article 31C by arguing that laws aligned with Articles 39(b) and (c) wouldn’t violate rights under Articles 14 and 19.Incorrect
Answer: D
Explanation:
The 25th amendment introduced Article 31C to protect laws enacted to fulfil Article 39(b) and (c) from challenges under Articles 14 and 19 of the Constitution. This provision aimed to exempt legislation promoting the common good from fundamental rights scrutiny. In Kesavananda Bharati vs State of Kerala (1973) the court upheld the validity of Article 31C but made it subject to judicial review.
Parliament enacted the 42nd Constitutional Amendment to extend the scope of the Article 31C by including within its purview any law to implement any of the DPSPs specified in Part IV of the constitutional and not merely Article 39 (b) or (c).
In Minerva Mills vs Union of India (1980), the 42nd CAA was challenged. The court declared the amendment unconstitutional and held that while DPSPs provided the ends of governance, fundamental rights constituted the means to such ends.
In Waman Rao vs Union of India (1981) the court upheld the validity of Article 31C by arguing that laws aligned with Articles 39(b) and (c) wouldn’t violate rights under Articles 14 and 19. -
Question 4 of 5
4. Question
4. Which of the following statements is correct regarding the concept of democracy?
Correct
Answer: D
Explanation:
Statement A is incorrect: It encompasses principles like equality, participation, and respect for individual rights. These principles foster a just and equitable society where all individuals have a voice and can contribute to decision-making processes. Philosophers like John Locke, Jean-Jacques Rousseau, and John Stuart Mill have significantly influenced the development of democratic ideals, emphasizing the importance of natural rights, active participation, and individual liberties. By upholding these principles, societies can create a vibrant and inclusive environment where everyone feels valued and empowered.
Statement B is incorrect: While democracy can foster economic growth, it’s not a guaranteed path to prosperity. Democratic societies often prioritize political freedoms and social equality, which can create a stable and predictable environment for businesses to thrive. However, economic success also depends on various other factors.
Economic policies play a crucial role, as governments can implement measures like investment in education, infrastructure, and research and development to stimulate growth.
Historical context and institutional factors also influence a nation’s economic performance. For example, a country’s colonial history, level of corruption, and the efficiency of its legal system can impact its economic development. Ultimately, while democracy can create favourable conditions, it’s not a magic bullet for economic prosperity.
Statement C is incorrect: While majority rule is a cornerstone of democratic systems, it’s not a license for unchecked power. To ensure that all citizens are treated fairly, democracies often incorporate protections for minority rights. These protections can take various forms, such as proportional representation in government, safeguards against discrimination, and the right to dissent.
By safeguarding minority rights, democracies strive to prevent the tyranny of the majority, where the dominant group could potentially oppress or marginalize those with different views or backgrounds. This balance between majority rule and minority rights is essential for maintaining a just and inclusive society.
Statement D is correct: Democratic systems are designed to empower citizens and give them a voice in shaping their government. Voting and elections are fundamental mechanisms for participation, allowing citizens to choose their leaders and express their preferences on policy issues.
Beyond voting, democracies often encourage civic engagement through public meetings, town halls, and other opportunities for citizens to directly interact with elected officials and express their concerns. Representative democracy ensures that citizens’ interests are represented by elected officials who are accountable to the people they serve. This system helps to bridge the gap between citizens and government, ensuring that the voices of all are heard and considered in policy making.Incorrect
Answer: D
Explanation:
Statement A is incorrect: It encompasses principles like equality, participation, and respect for individual rights. These principles foster a just and equitable society where all individuals have a voice and can contribute to decision-making processes. Philosophers like John Locke, Jean-Jacques Rousseau, and John Stuart Mill have significantly influenced the development of democratic ideals, emphasizing the importance of natural rights, active participation, and individual liberties. By upholding these principles, societies can create a vibrant and inclusive environment where everyone feels valued and empowered.
Statement B is incorrect: While democracy can foster economic growth, it’s not a guaranteed path to prosperity. Democratic societies often prioritize political freedoms and social equality, which can create a stable and predictable environment for businesses to thrive. However, economic success also depends on various other factors.
Economic policies play a crucial role, as governments can implement measures like investment in education, infrastructure, and research and development to stimulate growth.
Historical context and institutional factors also influence a nation’s economic performance. For example, a country’s colonial history, level of corruption, and the efficiency of its legal system can impact its economic development. Ultimately, while democracy can create favourable conditions, it’s not a magic bullet for economic prosperity.
Statement C is incorrect: While majority rule is a cornerstone of democratic systems, it’s not a license for unchecked power. To ensure that all citizens are treated fairly, democracies often incorporate protections for minority rights. These protections can take various forms, such as proportional representation in government, safeguards against discrimination, and the right to dissent.
By safeguarding minority rights, democracies strive to prevent the tyranny of the majority, where the dominant group could potentially oppress or marginalize those with different views or backgrounds. This balance between majority rule and minority rights is essential for maintaining a just and inclusive society.
Statement D is correct: Democratic systems are designed to empower citizens and give them a voice in shaping their government. Voting and elections are fundamental mechanisms for participation, allowing citizens to choose their leaders and express their preferences on policy issues.
Beyond voting, democracies often encourage civic engagement through public meetings, town halls, and other opportunities for citizens to directly interact with elected officials and express their concerns. Representative democracy ensures that citizens’ interests are represented by elected officials who are accountable to the people they serve. This system helps to bridge the gap between citizens and government, ensuring that the voices of all are heard and considered in policy making. -
Question 5 of 5
5. Question
5. Consider the following:
Statement-I- The Indian Constitution empowers the state to make special provisions for the advancement of socially and educationally backward classes.
Statement-II- The state has a constitutional mandate to create a more equitable society.
Which one of the following is correct in respect of the above statements?Correct
Answer: A
Explanation:
Statement-I is correct: The Indian Constitution, specifically Articles 15(4) and 16(4), explicitly grants the state the power to implement affirmative action measures for the advancement of socially and educationally backward classes.
Statement-II is correct: The primary rationale behind constitutional affirmative action in India is to address historical and ongoing inequalities faced by marginalized groups. By providing preferential treatment in areas like education and employment, the goal is to create a more equitable society where opportunities are not limited by social or economic background.
The constitutional provision empowering the state to make special provisions for backward classes is directly linked to the aim of creating a more equitable society. The affirmative action measures are seen to achieve this goal.
Hence, Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-IIncorrect
Answer: A
Explanation:
Statement-I is correct: The Indian Constitution, specifically Articles 15(4) and 16(4), explicitly grants the state the power to implement affirmative action measures for the advancement of socially and educationally backward classes.
Statement-II is correct: The primary rationale behind constitutional affirmative action in India is to address historical and ongoing inequalities faced by marginalized groups. By providing preferential treatment in areas like education and employment, the goal is to create a more equitable society where opportunities are not limited by social or economic background.
The constitutional provision empowering the state to make special provisions for backward classes is directly linked to the aim of creating a more equitable society. The affirmative action measures are seen to achieve this goal.
Hence, Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I