Day-771 | Daily MCQs | UPSC Prelims | POLITY

Answer: C
Explanation:
Statement 1 is correct: The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court.
Statement 2 is correct: The Gram Nyayalaya shall be the court of Judicial Magistrate of the first class and its presiding officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court.
Statement 3 is correct: The Gram Nyayalaya are a mobile court and shall exercise the powers of both Criminal and Civil Courts. The seat of the Gram Nyayalaya is located at the headquarters of the intermediate Panchayat; they go to villages, work there, and dispose of the cases.

Answer: B
Explanation:
Statement 1 is incorrect: The High Court can issue writs to any person, authority, and government not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of issuing such writs arises within its territorial jurisdiction.
Statement 2 is correct: The writ jurisdiction of the high court is wider than that of the Supreme Court. This is because; the Supreme Court can issue writs only for the enforcement of fundamental rights whereas the High Courts can issue writs for the enforcement of the fundamental rights of the citizens and for any other purpose. The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right.
Statement 3 is correct: The writ jurisdiction of both the High Court and the Supreme Court constitutes a part of the basic structure of the Constitution. It was ruled by the Supreme Court in the Chandra Kumar case (1997). Therefore, the writ jurisdiction cannot be ousted or excluded even by way of an amendment to the Constitution.

Answer: C
Explanation:
Original Jurisdiction- Under Article 131, the Supreme Court has exclusive original jurisdiction. Exclusive means, no other court can decide such disputes and original means, the power to hear such disputes in the first instance, not by way of appeal. As a federal court, the Supreme Court decides the disputes between different units of the Indian Federation i.e. any dispute:
a. Between the Centre and one or more states; or
b. Between the Centre and any state or states on one side and one or more other states on the other side; or
c. Between two or more states
The Original Jurisdiction of the Supreme Court does not extend to the following: A dispute arising out of any pre-Constitution treaty, agreement, covenant, engagement, and or other similar instrument.
A dispute arising out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extend to such a dispute.
● Inter-state water disputes. Hence, Option 1 is correct.
● Matters referred to the Finance Commission. Hence, Option 2 is correct.
● Adjustment of certain expenses and pensions between the Centre and the states.
● Ordinary dispute of Commercial nature between the Centre and the states.
● Recovery of damages by a state against the Centre. Hence, Option 3 is correct.

Answer: B
Explanation:
Statement 1 is correct: The Directorate of Enforcement (ED) is a multi-disciplinary organization mandated with investigation of offenses of money laundering and violations of foreign exchange laws. It functions under the Department of Revenue of the Ministry of Finance as a premier financial investigation agency of the Government of India.
Statement 2 is incorrect: ED has been given the responsibility to conduct investigation into suspected contraventions of foreign exchange laws and regulations, to adjudicate and impose penalties on those adjudged to have contravened the law.
Statement 3 is correct: ED is entrusted with the enforcement of the Fugitive Economic Offenders Act, 2018 (FEOA). This law was enacted to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts. Under this law, the ED is mandated to attach the properties of the fugitive economic offenders who have escaped from India warranting arrest and provide for the confiscation of their properties to the Central Government.

Answer: D
Explanation
Statement 1 is incorrect: Part IX of the Constitution provides for a Finance Commission to review the fiscal position of the Panchayats while Part IXA of the Constitution Provides for a Finance Commission to review the fiscal position of the municipalities.
Statement 2 is correct: The Legislature of a State may, by law, provide for the composition of the Commission, the qualifications for appointment as members and the manner in which they shall be selected.

Answer: A
Explanation:
Statement 1 is incorrect: The Constitution of India authorizes the President to determine the service conditions of the Chairman (Article 318).
Statement 2 is correct: The advice tendered by the Supreme Court after an enquiry for misbehavior by the Chairman is binding on the President (Article 317(1)).
Statement 3 is incorrect: The Chairman of the Commission can be appointed as the Governor of any state after ceasing to hold office. As per a judgment given by the Supreme Court in 1979, upholding the appointment of AR Kidwai, a former Chairman of UPSC, as the Governor of Bihar. The court ruled that the office of the Governor is a Constitutional Office and not an employment under the government.

Answer: B
Explanation:
Statement 1 is correct: The Constitution of India visualizes the CAG to be Comptroller as well as Auditor General. However, in practice, the CAG is fulfilling the role of an Auditor-General only and not that of a Comptroller. In other words, the CAG has no control over the issue of money from the consolidated fund and many departments are authorized to draw money by issuing cheques without specific authority from the CAG, who is concerned only at the audit stage when the expenditure has already taken place.
Statement 2 is incorrect: No minister can represent the CAG in Parliament (both Houses) and no minister can be called upon to take any responsibility for any actions done by him.
Statement 3 is correct: He holds office for a period of six years or upto the age of 65 years, whichever is earlier. He can resign any time from his office by addressing the resignation letter to the president. He can also be removed by the President on the same grounds and in the same manner as a judge of the Supreme Court. In other words, he can be removed by the President on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proven misbehavior or incapacity.

Answer: B
Explanation:
Statement 1 is correct: The term of office of the AG is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president. This means that he may be removed by the president at any time. He may also quit his office by submitting his resignation to the president. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.
Statement 2 is correct: In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India. Further, he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a Member of Parliament.
Statement 3 is incorrect: The Attorney General is not a full time legal counsel for the Government. He does not fall in the category of government servants. He is not debarred from private legal practice.

Answer: B
Explanation:
Operation Raahat: Launched for the Evacuation of Indian citizens during Yemen Crisis in 2015.
Operation Maitri: It was a rescue and relief operation in Nepal, in the aftermath of the 2015 Nepal earthquake.
Operation Devi Shakti: Indians and foreign nationals were being evacuated from Afghanistan following the Taliban’s takeover of the nation in 2021.
Operation Dost: Launched for the earthquake relief efforts in Turkey in 2022.

Answer: B
Explanation:
Statement 1 is correct: The main objective of Sagar Parikrama is to disseminate information of various fisheries related schemes and programs being implemented by the government, promoting responsible fisheries, protecting marine ecosystems, and demonstrating solidarity with all fisher folk and concerned stakeholders.
Statement 2 is correct: The journey focuses on sustainable balance between the utilization of marine fisheries resources for food security of the nation and livelihoods of coastal fisher communities and the protection of marine ecosystems, and to bridge the gaps of fisher communities
Several departments and organizations, including the Department of Fisheries, Ministry of Fisheries, Animal Husbandry and Dairying, Government of India, and National Fisheries Development Board, take part in the event.
Statement 3 is incorrect: Protection of the marine ecosystems along with enhancing the livelihood opportunities of the fishermen communities is one of the objectives of the program.

Answer: A
Explanation:
Statement 1 is correct: The Supreme Court is authorized to grant in its discretion special leave to appeal from any judgment in any matter passed by any court or tribunal in the country. This provision contains the four aspects as under:
● It is a discretionary power and hence, cannot be claimed as a matter of right.
● It can be granted in any judgment whether final or interlocutory.
● It may be related to any matter–constitutional, civil, criminal, income-tax, labor, revenue, etc.
● It can be granted against any court or tribunal and not necessarily against a high court (of course, except a military court).
Statement 2 is incorrect: Special Leave Petition may be filed in any matter–constitutional, civil, criminal, income-tax, labor, revenue, etc
Statement 3 is incorrect: Special Leave Petition can be granted against any court or tribunal and not necessarily against a High Court (except a military court).

Answer: B
Explanation:
Statement 1 is correct: NITI Aayog was created by an executive resolution of the Government of India. Hence, it is neither a constitutional body nor a statutory body. In other words, it is a non- constitutional or extra-constitutional body (i.e., not created by the Constitution) and a non-statutory body (not created by an Act of the Parliament).
Statement 2 is incorrect: Its Governing Council comprises the Chief Ministers of all the States, Chief Ministers of Union Territories with Legislatures (i.e., Delhi, Puducherry and Jammu and Kashmir) and Lt. Governors of other Union Territories.
Statement 3 is correct: Full-time Organizational Framework – The NITI Aayog comprises:
● Prime Minister as the Chairperson
● Vice-Chairperson: He is appointed by the Prime Minister. He enjoys the rank of a Cabinet Minister.
● Full-time Members: They enjoy the rank of a Minister of State.
● Part-time Members: Maximum of 2, from leading universities, research organizations and other relevant institutions in an ex-officio capacity. Part-time members would be on a rotation.
● Ex-Officio Members: Maximum of 4 members of the Union Council of Ministers to be nominated by the Prime Minister.
● Chief Executive Officer: He is appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government India.

Answer: B
Explanation:
Statement 1 is incorrect: The 89th Constitutional Amendment Act of 2003 bifurcated the combined National Commission for SCs and STs into two separate bodies, namely, National Commission for Scheduled Castes (under Article 338) and National Commission for Scheduled Tribes (under Article 338-A). The separate National Commission for SCs came into existence in 2004. It consists of a chairperson, a vice- chairperson and three other members. They are appointed by the President by warrant under his hand and seal. Their conditions of service and tenure of office are also determined by the President.
Statement 2 is correct: The Commission is also required to discharge similar functions with regard to the Anglo- Indian Community as it does with respect to the SCs. The Commission has to investigate all matters relating to the constitutional and other legal safeguards for the Anglo- Indian Community and report to the President upon their working.

Answer: A
Explanation:
Statement 1 is correct: The 74th Amendment Act provides for the Constitution of the following three types of municipalities in every state.
● A Nagar Panchayat for a transitional area, that is, an area in transition from a rural area to an urban area.
● A town area committee is set up for the administration of a small town. It is a semi-municipal authority and is entrusted with a limited number of civic functions like drainage, roads, street lighting, and conservancy. It is created by a separate act of a state legislature. Its composition, functions and other matters are governed by the act. Hence Statement 2 is incorrect.
● A cantonment board is established for municipal administration for the civilian population in the cantonment area. It is set up under the provisions of the Cantonments Act of 2006 legislation enacted by the Central government. It works under the administrative control of the Ministry of Defence of the Central government. Hence statement 3 is incorrect.

Answer: A
Explanation:
Statement 1 is incorrect: The Chairperson of Panchayats at the intermediate and district levels shall be elected indirectly by and from amongst the elected members thereof. However, the Chairperson of a Panchayat at the village level shall be elected in such manner as the State Legislature determines.
Statement 2 is incorrect: As per Article 243B:
(1) There shall be constituted in every State, Panchayats at the village, intermediate and district levels in accordance with the provisions of this Part.
(2) Notwithstanding anything in clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs.
Statement 3 is correct: The Gram Sabha is a body consisting of persons registered in the electoral rolls of a village within the area of Panchayat at the village level. Thus, it is a village assembly consisting of all the registered voters in the area of a panchayat. It may exercise such powers and perform such functions at the village level as the legislature of a state determines.

Answer: C
Explanation:
Statement 1 is correct: There were no constitutional provisions for establishment of Tribunals in the Original Constitution. Only after the 42nd Constitutional Amendment Act the provisions for creation of Tribunals were incorporated. The 42nd Amendment Act of 1976 added a new part XIV-A to the Constitution. This part is entitled as Tribunals and consists of Article 323A and 323B.
Statement 2 is correct: Administrative Tribunals act 1985 authorizes only the Central Government to establish one Central Administrative tribunal and the State Administrative Tribunals. The State Government is not authorized to establish the administrative tribunals. State Government can request for its creation as and when needed from the Central Government. [States cannot abolish the Administrative Tribunals; but in case of other tribunals, established by the state legislatures such tribunals can be abolished by the state]
Two or more States might ask for a joint tribunal, which is called the Joint Administrative Tribunal (JAT), which exercises powers of the administrative tribunals for such States.

Answer: B
Explanation:
Statement 1 is incorrect: The recommendations of the Finance Commission are advisory in nature and not binding on the government and thus it is upto the Union government to implement its recommendations.
Statement 2 is correct: Under Article 280 of the Constitution, the President can constitute the Finance Commission every fifth year or at such earlier time as he considers necessary.
Statement 3 is correct: The Finance Commission is required to make recommendations to the President on the matters which include the measures needed to augment the Consolidated Fund of a State to supplement the resources of the panchayats and the municipalities in the state on the basis of the recommendations made by the state Finance Commission.

Answer: C
Explanation:
Statement 1 is correct: The executive power of the Centre extends to the giving of directions to a state with respect to the drawing up and execution of schemes for the welfare of the STs in the state.
Statement 2 is correct: The Constitution does not specify the tribes which are to be called the Scheduled Castes (SCs) or the Scheduled Tribes (STs).
According to Article 341(1) of the Constitution – The President may with respect to any State or Union territory, and where it is a State after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union territory, as the case may be.
According to Article 342(1) of the Constitution – The President may with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, by a public notification, specify the tribes or tribal communities or part of or groups within tribes or tribal communities as Scheduled Tribe in relation to that State or Union Territory as the case may be. This is the reason why the lists of the STs vary from state to state and union territory to union territory.

Answer: B
Explanation:
Statement 1 is correct: The objective of the TIWB initiative is to enable sharing of tax audit knowledge and skills with tax administrations in developing countries through a targeted, real time “learning by doing” approach. Selected experts will work with local tax officials directly on current audits and audit-related issues concerning international tax matters and general audit practices relevant for specific cases.
● This is a specialized area of tax audit assistance, given its focus on providing assistance on real, current cases. For each TIWB audit assistance programme, the goal will be to enhance capacity in the tax audit practice of the developing country tax administration (Host Administration).
Statement 2 is correct: Tax Inspectors Without Borders (TIWB), a joint initiative of the United Nations Development Programme (UNDP) and the Organisation for Economic Cooperation and Development (OECD).
Statement 3 is incorrect: India has been chosen as the Partner Administration and has provided Tax Expert to Bhutan and Seychelles.

Answer: B
Explanation:
Statement 1 is correct: The Indian Ocean Commission (IOC) is an intergovernmental body Created in 1982 and institutionalized in 1984, to protect the interests of the Western Indian Ocean islands.
Statement 2 is incorrect: The Indian Ocean Commission (IOC) is an intergovernmental organization having five member States: the Union of Comoros, France/Reunion, Madagascar, Mauritius and Seychelles and it is the only regional organization in Africa comprised solely of islands
Statement 3 is correct: In 2020, India, Japan and the United Nations become observer members.
Additional Information: Expanding cooperation in the Indian Ocean for enhancing maritime safety and security, the Navy’s Information Fusion Centre for Indian Ocean Region (IFC-IOR), signed a Memorandum of Understanding (MoU) with the Regional Coordination Operations Centre (RCOC), Seychelles.
The maritime security architecture in the Western Indian Ocean, implemented by the Indian Ocean Commission (IOC) is supported by the Regional Maritime Information Fusion Centre (RMIFC), the Regional Operations Coordination Centre (RCOC) and the national centres of the seven signatory countries (Comoros, Djibouti, France, Kenya, Madagascar, Mauritius, and Seychelles).