Day-743
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Question 1 of 5
1. Question
1. Consider the following statements in the context of the Mediation Act, 2023:
1. Mediation is a binding process in which an impartial and neutral mediator facilitates disputing parties in reaching a mutually agreeable settlement.
2. The Act provides the parties to settle civil or commercial disputes by mediation before approaching any court or certain tribunals.
3. The Act contains a list of disputes which are not fit for mediation and can only be modified by the central government.
Which of the above given statements are correct?Correct
Answer: C
Explanation:
Statement 1 is incorrect: While mediation is generally a voluntary process, it is not binding in the same way as arbitration or court judgments. The parties to a mediation have the option to accept or reject the proposed settlement. If they agree to the terms, it becomes legally binding. However, if they cannot reach an agreement, the mediation process ends, and the parties may resort to other dispute resolution methods. The Mediation Act 2023 also allows the parties to the mediation process to approach the tribunal or court and challenge the proposed settlement on the grounds of fraud, corruption, impersonation etc.
Statement 2 is correct: The Mediation Act, 2023 encourages parties to explore mediation as a preferred method of dispute resolution before resorting to litigation. This can help reduce the burden on the courts and provide a more efficient and amicable way to resolve disputes.
Statement 3 is correct: The Mediation Act, 2023 specifies certain types of disputes that are generally not suitable for mediation. These include disputes involving minors or individuals deemed mentally incompetent, those that involve criminal prosecution, and those that could potentially affect the rights of third parties not directly involved in the dispute. However, the central government has the authority to modify this list, allowing for flexibility and adaptability in response to evolving circumstances and needs.Incorrect
Answer: C
Explanation:
Statement 1 is incorrect: While mediation is generally a voluntary process, it is not binding in the same way as arbitration or court judgments. The parties to a mediation have the option to accept or reject the proposed settlement. If they agree to the terms, it becomes legally binding. However, if they cannot reach an agreement, the mediation process ends, and the parties may resort to other dispute resolution methods. The Mediation Act 2023 also allows the parties to the mediation process to approach the tribunal or court and challenge the proposed settlement on the grounds of fraud, corruption, impersonation etc.
Statement 2 is correct: The Mediation Act, 2023 encourages parties to explore mediation as a preferred method of dispute resolution before resorting to litigation. This can help reduce the burden on the courts and provide a more efficient and amicable way to resolve disputes.
Statement 3 is correct: The Mediation Act, 2023 specifies certain types of disputes that are generally not suitable for mediation. These include disputes involving minors or individuals deemed mentally incompetent, those that involve criminal prosecution, and those that could potentially affect the rights of third parties not directly involved in the dispute. However, the central government has the authority to modify this list, allowing for flexibility and adaptability in response to evolving circumstances and needs. -
Question 2 of 5
2. Question
2. Consider the following:
1. Livelihood promotion through skills training
2. Health, nutrition and education
3. Improve access through electricity and mobile network connectivity
How many of the above are the components of the PM-JANMAN Scheme?Correct
Answer: C
Explanation: According to the 2011 census, India has a Scheduled Tribe (ST) population of 10.45 crore, with 75 communities across 18 states and the Union Territory of Andaman and Nicobar Islands identified as Particularly Vulnerable Tribal Groups (PVTGs).
The PM-JANMAN package is a government initiative in India aimed at providing support to Particularly Vulnerable Tribal Groups (PVTGs). These are tribal communities that face severe socio-economic disadvantages and often live in remote and inaccessible areas.
Key components of the PM-JANMAN package:
● Financial assistance: The package provides financial aid to PVTG households for various purposes, such as education, healthcare, and livelihood activities.
● Infrastructure development: It focuses on improving infrastructure in PVTG areas, including roads, schools, mobile networks and healthcare facilities.
● Skill development: The package supports skill development programs to help PVTG members acquire vocational skills and enhance their employability.
● Education: It provides scholarships and other educational support to PVTG students to improve their access to education.
● Healthcare: The package aims to improve healthcare services in PVTG areas, including providing access to essential medicines and medical facilities.Incorrect
Answer: C
Explanation: According to the 2011 census, India has a Scheduled Tribe (ST) population of 10.45 crore, with 75 communities across 18 states and the Union Territory of Andaman and Nicobar Islands identified as Particularly Vulnerable Tribal Groups (PVTGs).
The PM-JANMAN package is a government initiative in India aimed at providing support to Particularly Vulnerable Tribal Groups (PVTGs). These are tribal communities that face severe socio-economic disadvantages and often live in remote and inaccessible areas.
Key components of the PM-JANMAN package:
● Financial assistance: The package provides financial aid to PVTG households for various purposes, such as education, healthcare, and livelihood activities.
● Infrastructure development: It focuses on improving infrastructure in PVTG areas, including roads, schools, mobile networks and healthcare facilities.
● Skill development: The package supports skill development programs to help PVTG members acquire vocational skills and enhance their employability.
● Education: It provides scholarships and other educational support to PVTG students to improve their access to education.
● Healthcare: The package aims to improve healthcare services in PVTG areas, including providing access to essential medicines and medical facilities. -
Question 3 of 5
3. Question
3. Consider the following provisions:
1. Lays down procedures for delimitation of constituencies
2. Provides for the allocation of seats in the House of the People
3. Deals with the registration of political parties
4. Lays down procedure for the preparation of electoral rolls
5. Lays down the qualification of voters
6. Specifies the qualifications and disqualifications for membership of the Houses
How many of the above are provided in the Representation of People’s Act,1950?Correct
Answer: B
Explanation: The Representation of People Acts of 1950 and 1951 are crucial pieces of legislation in India that govern the electoral process. These acts outline the framework for elections to the Lok Sabha (Lower House of Parliament) and the Vidhan Sabhas (State Legislative Assemblies).
Important Provisions of the Representation of People Act, 1950:
Delimitation of constituencies:
● Section 8: Provides for the delimitation of constituencies by the Delimitation Commission.
● Section 10: Specifies the principles to be followed in delimitation, such as ensuring that constituencies have approximately equal populations.
Allocation of seats:
● Section 17: Determines the allocation of seats in the Lok Sabha among the states and Union Territories based on their population.
● Section 18: Provides for the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and state assemblies.
Preparation of electoral rolls:
● Section 16: Mandates the preparation and revision of electoral rolls by the Election Commission.
● Section 20: Specifies the qualifications for inclusion in the electoral rolls, such as citizenship, age, and residence.
Qualifications of voters:
● Section 20: Defines the qualifications for voters, including citizenship, age, and residence.
● Section 21: Specifies the grounds for disqualification from voting, such as being convicted of certain offenses.
Important Provisions of the Representation of People Act, 1951:
Registration of political parties:
● Section 29A: Defines a political party and lays down the conditions for its registration with the Election Commission of India.
● Section 29B: Provides for the recognition of national and state parties.
Qualifications and disqualifications for membership:
● Section 7: Specifies the qualifications for membership of the Lok Sabha and Rajya Sabha, such as citizenship, age, and not holding certain offices.
● Section 7A: Provides for the disqualification of members on grounds such as corrupt practices, holding office of profit, and non-compliance with election laws.Incorrect
Answer: B
Explanation: The Representation of People Acts of 1950 and 1951 are crucial pieces of legislation in India that govern the electoral process. These acts outline the framework for elections to the Lok Sabha (Lower House of Parliament) and the Vidhan Sabhas (State Legislative Assemblies).
Important Provisions of the Representation of People Act, 1950:
Delimitation of constituencies:
● Section 8: Provides for the delimitation of constituencies by the Delimitation Commission.
● Section 10: Specifies the principles to be followed in delimitation, such as ensuring that constituencies have approximately equal populations.
Allocation of seats:
● Section 17: Determines the allocation of seats in the Lok Sabha among the states and Union Territories based on their population.
● Section 18: Provides for the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and state assemblies.
Preparation of electoral rolls:
● Section 16: Mandates the preparation and revision of electoral rolls by the Election Commission.
● Section 20: Specifies the qualifications for inclusion in the electoral rolls, such as citizenship, age, and residence.
Qualifications of voters:
● Section 20: Defines the qualifications for voters, including citizenship, age, and residence.
● Section 21: Specifies the grounds for disqualification from voting, such as being convicted of certain offenses.
Important Provisions of the Representation of People Act, 1951:
Registration of political parties:
● Section 29A: Defines a political party and lays down the conditions for its registration with the Election Commission of India.
● Section 29B: Provides for the recognition of national and state parties.
Qualifications and disqualifications for membership:
● Section 7: Specifies the qualifications for membership of the Lok Sabha and Rajya Sabha, such as citizenship, age, and not holding certain offices.
● Section 7A: Provides for the disqualification of members on grounds such as corrupt practices, holding office of profit, and non-compliance with election laws. -
Question 4 of 5
4. Question
4. Consider the following statements in the context of the amending powers of the Indian Parliament:
1. It can amend any part of the Constitution.
2. It can amend any provision without any restrictions.
3. It cannot amend certain provisions without a special majority.
4. It cannot amend the fundamental rights.
Which of the above given statements are correct?Correct
Answer: A
Explanation: The Indian Constitution grants Parliament significant powers to amend its provisions. However, these powers are not absolute and are subject to certain limitations.
Statement 1 is correct: This is a fundamental principle enshrined in Article 368 of the Constitution. It allows Parliament to modify or alter any provision, including the Fundamental Rights, provided it follows the prescribed procedure.
Statement 2 is incorrect: The doctrine of basic structure is a judicial creation that limits Parliament’s power to amend certain fundamental features of the Indian Constitution. This doctrine was first articulated by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court held that while Parliament has the power to amend any part of the Constitution under Article 368, it cannot alter the basic structure of the Constitution. The basic structure is the core elements that define the Constitution’s character and identity. It encompasses principles such as:
● Federalism: The division of powers between the Union and the states.
● Secularism: The principle of religious neutrality.
● Democracy: The rule of the people through elected representatives.
● Republic: The absence of a hereditary head of state.
● Fundamental Rights: The guaranteed rights of citizens, such as the right to equality, liberty, and life.
Statement 3 is correct: Some provisions of the Constitution, deemed to be fundamental features, cannot be amended through a simple majority. These include provisions relating to the federal structure, the supremacy of the Constitution, and the Fundamental Rights. Such amendments require a special majority of two-thirds of the members present and voting in each House, as well as ratification by at least half of the states.
Statement 4 is incorrect: While Parliament cannot completely abolish the Fundamental Rights, it can amend them subject to the doctrine of basic structure. The Supreme Court has held that certain core aspects of the Fundamental Rights, such as the right to equality and the right to life and liberty, cannot be completely taken away. However, Parliament can modify or restrict these rights to a reasonable extent.Incorrect
Answer: A
Explanation: The Indian Constitution grants Parliament significant powers to amend its provisions. However, these powers are not absolute and are subject to certain limitations.
Statement 1 is correct: This is a fundamental principle enshrined in Article 368 of the Constitution. It allows Parliament to modify or alter any provision, including the Fundamental Rights, provided it follows the prescribed procedure.
Statement 2 is incorrect: The doctrine of basic structure is a judicial creation that limits Parliament’s power to amend certain fundamental features of the Indian Constitution. This doctrine was first articulated by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court held that while Parliament has the power to amend any part of the Constitution under Article 368, it cannot alter the basic structure of the Constitution. The basic structure is the core elements that define the Constitution’s character and identity. It encompasses principles such as:
● Federalism: The division of powers between the Union and the states.
● Secularism: The principle of religious neutrality.
● Democracy: The rule of the people through elected representatives.
● Republic: The absence of a hereditary head of state.
● Fundamental Rights: The guaranteed rights of citizens, such as the right to equality, liberty, and life.
Statement 3 is correct: Some provisions of the Constitution, deemed to be fundamental features, cannot be amended through a simple majority. These include provisions relating to the federal structure, the supremacy of the Constitution, and the Fundamental Rights. Such amendments require a special majority of two-thirds of the members present and voting in each House, as well as ratification by at least half of the states.
Statement 4 is incorrect: While Parliament cannot completely abolish the Fundamental Rights, it can amend them subject to the doctrine of basic structure. The Supreme Court has held that certain core aspects of the Fundamental Rights, such as the right to equality and the right to life and liberty, cannot be completely taken away. However, Parliament can modify or restrict these rights to a reasonable extent. -
Question 5 of 5
5. Question
5. Consider the following:
1. Restricted to the major political parties
2. Free and fair competition
3. Providing voters with more than one choice
4. Limited voter eligibility
How many of the above are not the conditions of a democratic election?Correct
Answer: B
Explanation:
Option 1 is incorrect: This is not a condition of a democratic election. In a true democracy, all eligible parties and candidates should have the right to participate.
Option 2 is correct: This is a crucial condition for a democratic election. It ensures that voters have genuine choices, and that the outcome reflects the people’s will.
Option 3 is correct: This is another essential condition. A democratic election should offer voters a range of options to represent their diverse preferences.
Option 4 is incorrect: This is not a condition of a democratic election. In a democracy, all eligible citizens should have the right to vote, regardless of their background or beliefs.Incorrect
Answer: B
Explanation:
Option 1 is incorrect: This is not a condition of a democratic election. In a true democracy, all eligible parties and candidates should have the right to participate.
Option 2 is correct: This is a crucial condition for a democratic election. It ensures that voters have genuine choices, and that the outcome reflects the people’s will.
Option 3 is correct: This is another essential condition. A democratic election should offer voters a range of options to represent their diverse preferences.
Option 4 is incorrect: This is not a condition of a democratic election. In a democracy, all eligible citizens should have the right to vote, regardless of their background or beliefs.