Day-783 | Daily MCQs | UPSC Prelims | POLITY

Answer: C

Explanation: Judicial activism denotes the proactive role played by the judiciary in the protection of the rights of the citizens and in the promotion of justice in the society. It refers to the assertive role played by the judiciary to force the other two organs of the government to discharge their constitutional duties. All the above given are the reasons which helped in the evolution of Judicial activism in India.

For instance:

In the case of Navtej Singh Johar vs. Union of India (2018), the Supreme Court declared a portion of Section 377 of the Indian Penal Code to be unconstitutional and stated that it violates the right to life and liberty guaranteed by Article 21, which encompasses all aspects of the right to live with dignity, the right to privacy, and the right to autonomy and self-determination with respect to the most intimate decisions of a human being.

In Vishakha vs. State of Rajasthan (1997), the Supreme Court issued guidelines for the prevention of sexual harassment cases under Article 32 read with Articles 141 and 142. These regulations from 1997 have been replaced by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013.

Answer: D

Explanation:

Statement 1 is incorrect: Article 221 of the Indian constitution deals with the salaries and allowances of the High Court Judges. The salaries, allowances, privileges, leave, and pension of the judges of a high court are determined from time to time by the Parliament (not state legislature).

Statement 2 is incorrect: The salaries of High Court judges cannot be varied to their disadvantage after their appointment except during a financial emergency.

Answer: B

Explanation:

• • Statement 1 is correct: The Federal Relation between the Centre and the State is stipulated under the various provisions of the Constitution of India. Legislative Relations Article 245-255 is stated under Part XI of the Constitution of India. The Administrative Relations between the Centre and the State are stipulated under Articles 256-263.
  • Statement 2 is incorrect: The two union territories with the legislature are Delhi and Puducherry. The other union territories are directly controlled by the central government.
  • Statement 3 is correct: Parliament can make laws on any subject of the three lists in relation to the Union Territories.

Answer: D

Explanation:

Statement 1 is incorrect: It was first introduced in the state assembly elections in Kerala in 1960. But the Election Commission used the Model Code of Conduct in 1991.

Statement 2 is correct: Election Commission in keeping with the mandate it has been given under Article 324 of the Constitution, issues the set of guidelines as Model Code of Conduct (MCC). These are guidelines issued by the Election Commission to regulate political parties and candidates prior to elections, to ensure free and fair elections in consonance with Article 324 of the Constitution. The MCC is operational from the date on which the election schedule is announced until the date of the result announcement.

Answer: C

Explanation:

The various committees and commissions that have examined our electoral system, election machinery as well as election process and suggested reforms are:

• • Dinesh Goswami Committee on Electoral Reforms (1990)
  • Vohra Committee on the Nexus between Crime and Politics (1993)
  • Election Commission of India Recommendations on Electoral Reforms (1998)
  • Indrajit Gupta Committee on State Funding of Elections (1998)
  • S. Verma Committee Report
  • Amendments to Criminal Law (2013).
  • Report on Electoral Disqualifications (2014).
  • Law Commission of India 255th Report on Electoral Reforms (2015).

NOTE: Prakash Singh Committee (1996) is related to police reforms.

Answer: D

Explanation:

Statement 1 is incorrect: The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and Lokayukta for the States. Lokpal is a multi-member body that consists of one chairperson and a maximum of 8 members.

Statement 2 is incorrect: The term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years.

Statement 3 is incorrect: Jurisdiction of Lokpal includes Prime Minister, Ministers and Members of Parliament, Groups A, B, C and D Officers and officials of Central Government.

• • Jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption relating to international relations, Security, the public order, Atomic energy, and space.
  • The Lokpal does not have jurisdiction over Ministers and MPs in the matter of anything said in Parliament or a vote given there.

Answer: B

Explanation:

Under Article 320 of the Constitution of India, the Commission is, inter-alia, required to be consulted on all matters relating to recruitment to civil services and posts.

The functions of the Commission under Article 320 of the Constitution are:

1. Conduct examinations for appointments to the services of the Union. (Statement 1 is correct)

2. Direct recruitment by selection through interviews.

3. Appointment of officers on promotion / deputation / absorption.

4. Framing and amendment of Recruitment Rules for various services and posts under the Government. (Statement 2 is correct)

5. Disciplinary cases relating to different Civil Services.

6. Advising the Government on any matter referred to the Commission by the President of India. (Statement 3 is incorrect)

Answer: A

Explanation:

Statement I is correct: National Legal Services Authority (NALSA) is a statutory entity established under the Legal Services Authorities Act of 1987 to oversee and assess the execution of legal aid programmes and to establish rules and standards for providing legal services under the Act. It distributes funding and grants to state legal services authorities and non-profit organizations to help them execute legal aid systems and initiatives. The functions of NALSA are to provide free and competent legal services to the eligible persons; to organize Lok Adalats for amicable settlement of disputes and to organize legal awareness camps in the rural areas.

Statement II is correct: Article 39A of the Constitution of India imposes an obligation on the State to provide free legal aid to ensure access to justice for all citizens.

Answer: B

Explanation:

Statement 1 is correct: As per the Operational Guidelines of the Scheme, States/UTs identify and verify the eligible farmers before uploading the data on PM-KISAN Portal. Benefits are transferred to the eligible beneficiaries through Direct Benefit Transfer mode after validation of the uploaded data on PM-KISAN Portal with Aadhaar authentication, Public Finance Management System (PFMS) for validation of account and Government employees’/pensioners data, Income Tax Department for validation of income tax payee status and with National Payment Corporation of India (NPCI) for account validation and Aadhaar based payments.

Statement 2 is incorrect: Eligible farmers are being enrolled and deceased/ineligible beneficiaries are being removed by way of continuous verification and validation of the beneficiary’s data by the States/UTs. The data under the Scheme is dynamic in nature. The States/UTs have been provided with the option to mark beneficiaries as eligible to ineligible and vice versa, after due verification.

Statement 3 is correct: The Government has taken several steps to improve the implementation of the PM-KISAN since its inception. Such as inclusion of ‘Farmers Corner’ on PM-KISAN portal to provide farmers with various facilities like self-registration, checking beneficiaries’ status, e-KYC, data correction etc. An exclusive grievance mechanism “Help Desk” has been incorporated under the ‘Farmers Corner’ of PM-KISAN Portal, through which the grievance of the farmer is directly transferred to the concerned Nodal Officer.

Answer: C

Explanation:

The Agricultural & Processed Food Products Export Development Authority (APEDA) has been entrusted with the task of promoting Indian millets in the international market. The following steps, inter-alia, are being taken to meet the export demand during International Year of Millets 2023:

1. APEDA has published e-catalogues for 30 major millet importing countries and for 21 millet-producing Indian states. The e-catalogues have information on individual country profile; Indian millets and millet value-added basket; millet production scenario, India’s export of millets; international standards of millets etc.

2. APEDA has identified three knowledge partners to collaborate for preparation of content for publication of millet promotion material – Indian Institute of Millet Research (IIMR); Centre of Excellence on Millets — University of Agriculture Sciences, Bengaluru; and Yes Bank.

3. APEDA has planned promotion of Indian millets across international trade fairs and hold B2B (business-to-business) meetings for the year 2023.

4. A millet-specific web portal has also been launched. The portal contains information about millets, their health benefits, production and export statistics, millet exporters’ directory, and other relevant information.

5. A knowledge book titled “Superfood Millets: A USD 2 Billion Export Opportunity for India” has been published by APEDA, in association with a knowledge partner.

6. An e-platform for Virtual Trade Fairs (VTFs) has been created specifically for millets. This platform is designed to invite buyers and visitors from across the globe to interact with exhibitors showcasing millet-based products.

7. APEDA has stepped into brand building of Indian millets; ‘Shree Anna’ to promote the consumption of millets and to create a niche market for Indian millets across the globe.

Answer: B

Explanation:

Statement 1 is correct: Under Article 130 of the Constitution of India Delhi is declared as the seat of the Supreme Court.

Statement 2 is correct: The Constitution authorizes the Chief Justice of India to appoint other place or places as seats of the Supreme Court subject to the approval of the President.

Statement 3 is incorrect: Since another seat of the Supreme Court are to be established by the CJI and the President as explicitly mentioned in the Article 130 of the Constitution of India; and the provision in itself is optional and not mandatory; no court or any other body can give directions to the CJI or the President for the establishment of another seat of the Supreme Court.

Answer: A

Explanation:

Statement I is correct: Under Article 243G of the Constitution of India, Panchayats are empowered to implement the schemes related to the matters listed under the Eleventh Schedule. For instance:

• • Implementation of land reforms
  • Minor irrigation and water management
  • Small scale industries
  • Khadi, village and cottage industries
  • Education
  • Health and sanitation
  • Welfare of the handicapped and mentally challenged persons

Statement II is correct: Constitution contains provisions for the state legislature to endow the Panchayats with powers and authority as may be necessary to enable them to function as institutions of self-government and for the devolution of powers and responsibilities upon Panchayats to implement schemes for economic development and social welfare.

Answer: D

Explanation:

Statement I is incorrect: The commission investigates and monitors all matters relating to the safeguards provided for the socially and educationally backward classes under the Constitution or under any other law to evaluate the working of such safeguards.

Statement II is correct: Article 338B provides authority to NCBC to examine complaints and welfare measures regarding socially and educationally backward classes. Article 342 A empowers the President to specify socially and educationally backward classes in various states and union territories.

Answer: A

Explanation:

Statement 1 is incorrect: The first Lok Adalat camp in the post-independence era was organized in Gujarat in 1982. This initiative proved very successful in the settlement of disputes. Consequently, the institution of Lok Adalat started spreading to other parts of the country. At that time, this institution was functioning as a voluntary and conciliatory agency without any statutory backing for its decisions. In view of its growing popularity, there arose a demand for providing statutory backing to this institution and the awards given by Lok Adalats. Hence, the institution of Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987.

Statement 2 is incorrect: NALSA along with other Legal Services Institutions conducts Lok Adalats. Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law.

Statement 3 is correct: The Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offense not compoundable under any law. (Non-Compoundable offenses are some offenses, which cannot be compounded. They can only be quashed. The reason for this is, because the nature of the offense is so grave and criminal, that the Accused cannot be allowed to go scot-free. Here, in these types of cases generally, it is the “state”, i.e. police, who has filed the case, and hence the question of the complainant entering into compromise does not arise.)

Answer: B

Explanation:

Statement I is correct: The 74^th Amendment Act lays down that four-fifths of the members of a district planning committee should be elected by the elected members of the district panchayat and municipalities in the district from amongst themselves. The representation of these members in the committee should be in proportion to the ratio between the rural and urban populations in the district.

Statement II is correct: The 74^th Amendment Act included Article 243ZD to the Constitution of India; which provides that every state shall constitute at the district level, a District Planning Committee to consolidate the plans prepared by panchayats and municipalities in the district, and to prepare a draft development plan for the district as a whole.

Answer: C

Explanation:

Option 1 is correct: Local government is a state subject in the Constitution, and consequently, the devolution of power and authority to panchayats has been left to the discretion of states. Some of the important subjects like fuel and fodder, non-conventional energy sources, rural electrification including distribution of electricity, small scale industries including food processing industries etc have not been devolved in certain states.

Option 2 is correct: There is a clear lack of convergence of various development programmes of the Centre and state governments. For example, roads in two different patches are constructed utilising two different sources of funding. Different guidelines by different departments are cited as a major constraint for lack of convergence of activities.

Option 3 is correct: The existing socio-economic structure of the Indian society is a major factor which is responsible for the limited success of Panchayati Raj Institutions. It is proved beyond doubt that the elected members at all the levels of Panchayati Raj Institutions-and the Office bearers are normally from the rich and dominant sections of the rural society. They have vested interests in preserving the existing system and would not do anything that would strengthen the position of the downtrodden in their areas.

Answer: B

Explanation:

The 73rd Constitutional Amendment Act of 1992 provides for some voluntary provisions. These are:

• • Giving representation to members of the Parliament (both the Houses) and the state legislature (both the Houses) in the panchayats at different levels falling within their constituencies.
  • Providing reservation of seats (both members and chairpersons) for backward classes in Panchayats at any level.

Few of the Compulsory provisions are:

• • Fixing tenure of five years for panchayats at all levels and holding fresh elections within six months in the event of supersession of any panchayat.
  • Establishment of a State Election Commission for conducting elections to the panchayats.
  • Organization of Gram Sabha in a village or group of villages.
  • Establishment of panchayats at the village, intermediate and district levels.
  • Direct elections to all seats in panchayats at the village, intermediate and district levels.
  • Indirect elections to the post of chairperson of panchayats at the intermediate and district levels.
  • 21 years to be the minimum age for contesting elections to panchayats.
  • Reservation of seats (both members and chairpersons) for SCs and STs in panchayats at all three levels.
  • Reservation of one-third of seats (both members and chairpersons) for women in Panchayats at all three levels.

Answer: C

Explanation:

• • Part IV, Article 40 under the Directive principles of state policy states that the state shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
  • Part-IX to the Constitution of India is entitled as-The Panchayats and consists of provisions from Articles 243 to 243 O.
  • The Seventh Schedule specifies the role and responsibilities of the Union and the State legislature and segregates the subjects into three lists namely, Union List, State List and Concurrent List.
  • The eleventh schedule contains 29 functional items of the panchayats. It deals with Article 243-G.

Answer: B

Explanation:

Statement 1 is incorrect: The Global Terrorism Index (GTI) Report 2022 is produced by the Institute for Economics & Peace (IEP) using data from Terrorism Tracker and other sources. Terrorism Tracker provides event records on terrorist attacks since 1 January 2007. The dataset contains almost 66,000 terrorist incidents for the period 2007 to 2022.

Statement 2 is correct: South Asia remains the region with the worst average GTI score in 2022. The region recorded 1,354 deaths from terrorism in 2022, a decrease of 30 per cent when compared to the previous year; however, if the improvement in Afghanistan was excluded, then terrorism deaths would have increased by 71 per cent. In Afghanistan, both the Khorasan chapter of IS and the emerging National Resistance Front (NRF) pose a serious threat. Afghanistan and Pakistan remain amongst the ten countries most affected by terrorism in 2022.

Statement 3 is correct: The Sahel region in sub-Saharan Africa is now the epicentre of terrorism, with the Sahel accounting for more terrorism deaths in 2022 than both South Asia and the Middle East and North Africa (MENA) combined. Deaths in the Sahel constituted 43 per cent of the global total in 2022, compared to just one per cent in 2007. Of particular concern are two countries, Burkina Faso and Mali, which accounted for 73 per cent of terrorism deaths in the Sahel in 2022 and 52 per cent of all deaths from terrorism in sub-Saharan Africa.

Answer: C

Explanation:

Statement 1 is correct: The report is released by the UN Sustainable Development Solutions Network (SDSN). As per the report, the happiest country in the world was Finland. India ranks at 125th position out of 136 countries, making it one of the least happy countries in the world. In 2022, India ranked 136th position out of 146 countries. It even lags behind its neighboring nations like Nepal, China, Bangladesh and Sri Lanka.

Statement 2 is correct: The six factors considered in the report are, income, health, having someone to count on, having a sense of freedom to make key life decisions, generosity, and the absence of corruption; all play strong roles in supporting life evaluations.