Table of Contents
MCQ 1
Which of the following is/are the differences between the imposition of Martial law and National Emergency in India?
- Martial law does not affect the centre state relations whereas national emergency affects it.
- Martial law suspends government and ordinary law courts whereas national emergency does not.
Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
- Statement 1 is correct:
- Impostition of martial law affects only Fundamental Rights. Imposition of National emergency affects not only Fundamental Rights but also Centre state relations, distribution of revenues and legislative powers between centre and states and may extend the tenure of the Parliament.
- Statement 2 is correct:
- Martial law suspends the government and ordinary law courts whereas National Emergency continues the government and ordinary law courts.
MCQ 2
With reference to the Constituent Assembly, consider the following statements:
- The idea of a constituent assembly was put forward for the first time by B.N.Rao
- The constituent assembly was constituted under the scheme formulated by the Cabinet mission.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
- Statement 1 is Incorrect:
- It was in 1934 that the idea of a Constituent Assembly for India was put forward
- for the first time by M. N. Roy, a pioneer of communist movement in India and an advocate of radical democratism.
- In 1935, the Indian National Congress (INC), for the first time, officially demanded a Constituent Assembly to frame the Constitution of India.
- Statement 2 is correct:
- The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.
MCQ 3
Under Representation of People’s Act, 1951 Election Commission of India(ECI) has the power to cancel polls if there is
- Use of muscle power
- Booth capturing
- Use of money power
Select the correct answer using the code given below.
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
- At present, there is no specific provision in the law to cancel polls in case of use of money power and commission has to resort to extraordinary powers under Article 324 of constitution.
- Clause 58 A of RPA,1951 empowers the Election Commission to cancel polls only if there is an evidence of booth capturing or use of muscle power.
- The Election Commission of India is demanding amendment to RPA to include specific powers to postpone or countermand polls on the grounds of use of money power.
- At present, there is no specific provision in the law to this effect and commission has to resort to extraordinary powers under Article 324 of constitution which, it feels should be used sparingly.
- While elections are normally cancelled following evidence of rigging, muscle power or booth capturing, it was the first time this was being done because of voters being bribed with money, the EC said in a statement, citing instances of money seizures in the two constituencies and various judicial observations.
MCQ 4
Consider the following legal provisions:
- Wildlife (protection) Act of 1972.
- Prevention of Insults to National Honour Act 1971.
- Right to Education Act 2009.
Which of the above legal provisions has a bearing on the Fundamental duties in India?
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
- The Fundamental Duties
- These are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India and concern the individuals and the nation. Included in Part IVA of the Constitution, like the Directive Principles, they are not enforceable by the law. According to the constitution, following are the duties to be followed by every citizen of India
- The Verma Committee on Fundamental Duties of the Citizens (1999) identified the existence of several legal provisions for the implementation of some of the Fundamental Duties.
- The Wildlife (Protection) Act of 1972 prohibits trade in rare and endangered species.
- The Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of India, the National Flag and the National Anthem.
- The right to education act 2009 provides for the Right of children to free and compulsory education till completion of elementary education in a neighbourhood school.
- To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
- To cherish and follow the noble ideals which inspired our national struggle for freedom.
- To uphold and protect the sovereignty, unity, and integrity of India.
- To defend the country and render national service when called upon to do so.
- To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
- To value and preserve the rich heritage of our composite culture.
- To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures.
- To develop the scientific temper, humanism and the spirit of inquiry and reform.
- To safeguard public property and to abjure violence.
- To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement.
- Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of six to fourteen years.
- According to the 86th constitutional amendment in 2002, it is the duty of the people of India to adapt to make India a safer place to live, to be clean and make the surrounding clean and not to hurt anybody physically and mentally.
- In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency (1975- 1977). The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution.
- It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well. The Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976. This amendment added a new part, namely, Part IVA to the Constitution.
- The Swaran Singh Committee had further recommended the following changes in the Constitution and the terms of Government:-
- The present Westminster system of the Government under which the Chief executive is the Prime Minister with Minister chosen from amongst the members of Parliament be replaced by the Presidential System of the Government under which the President shall be the Chief executive of the Nation. It was proposed that our President shall “enjoy more authority and powers than even the U.S. President… All the powers that are exercised by the U.S. President and all those today exercised by the Union Cabinet will be exercised by the President… The Council of Minister shall be responsible and accountable to the President… and unlike in the U.S.A. the legislative will not be too independent of the executive.”
- In the realm of judiciary, the recommendations were that there will be a “Superior Council of the Judiciary”. The President shall be the Chairman of the Superior Council of which the other members shall be: the Minister of law and justice, four persons nominated by the President, four persons elected by the Parliament, the Chief Justice and two other judges of the Supreme Court and two Chief Justices of the High Courts. This structure ensured two-third majority for the political bosses as 10 out of 15 members will be the appointee of the President and the party in power in the Parliament.7 This Council was to have the authority to interpret the Constitution and other laws, and also to be empowered to pronounce upon the validity of any legislation. “The decision given by this Council shall be final and binding on all Courts.” Thus, the Court’s jurisdiction to decide these matters was to be automatically taken away. The President was to have the power to remove or even dismiss any of the judges.
Imp. DPSPs
MCQ 5
Which among the following is mandated under Right To Education Act, 2009 to examine and review the safeguards of the rights of the children?
(a) National Commission for the Protection of Child Rights
(b) Ministry of Women and Child Development
(c) Ministry of Human Resource and Development
(d) Central Board of Secondary Education (CBSE)
- The National Commission for Protection of Child Rights (NCPCR) is an Indian governmental commission, established by an Act of Parliament, the Commission for Protection of Child Rights Act in December 2005, thus is a Statutory Body. The commission works under the aegis of Ministry of Women and Child development, GoI. The Commission began operation a year later in March 2007.
- The Commission considers that its Mandate is “to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child.“(the United Nations Convention on the Rights of Children, 1989, ratified by India in 1992.)
- As defined by the commission, child includes those up to the age of 18 years
Functions Assigned under RTE, 2009
- Apart from the above, the Right to Education assigns following duties to NCPCR:
- to examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation.
- to inquire into complaints relating to the child’s right to free and compulsory education; and
- to take necessary steps after completion of an inquiry.
Functions Assigned under POCSO Act, 2012:
- The commission has been given following functions under Protection of Children from Sexual Offences (POCSO) Act, 2012 and POCSO Rules 2012 :
- to monitor the implementation of the provisions of the POCSO Act
- to monitor the designation of Special Courts by state governments;
- to monitor the appointment of Public Prosecutors by state governments;
- to monitor the formulation of the guidelines described in the Act by the state governments etc.
- Composition of the Commission :
- This commission has a chairperson and six members of which at least two should be women. All of them are appointed by Central Government for three years. The maximum age to serve in commission is 65 years for Chairman and 60 years for members. The Central Government can remove the Chairperson from his office on the ground of proved misbehavior or incapacity. The Chairperson of NCPCR should be a person of eminence who has done outstanding work on promoting the child rights.
MCQ 6
With regard to the Special Officer for Linguistic Minorities, consider the following statements :
- He is appointed by the President.
- There is no mention in the Constitution regarding his removal procedure.
- He submits the annual report to the President through the Union Minority Affairs Minister.
Which of the statements given above is/are not correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) None
- In pursuance of the provision of Article 350-B of the Constitution, the office of the Special Officer for Linguistic Minorities was created in 1957. He is designated as the Commissioner for Linguistic Minorities.
- Statement 1 is correct : Special Officer for Linguistic Minorities appointed by the President of India.
- Statement 2 is correct : The Constitution does not specify the qualifications, tenure, salaries and allowances, service conditions and procedure for removal of the Special Officer for Linguistic Minorities.
- Statement 3 is correct : At the Central level, the Commissioner falls under the Ministry of Minority Affairs. Hence, he submits the annual reports or other reports to the President through the Union Minority Affairs Minister.
MCQ 7
- GI is out of WTO framework
- Maharashtra has been awarded the GI tag for Kolhapuri chappal
Choose correct
(A) Only 1
(B) Only 2
(C) Both
(D) None
- Dr Babu Jagjivan Ram Leather Industries Development Corporation (LIDKAR) plans to help artisans export the chappals and also tie up with e-commerce giants.
- The approval for GI tag was jointly received by Karnataka and Maharashtra recently for making these chappals. There is a perception that these artisans are from Maharashtra alone, but a large number of them are from Karnataka, and have been making these chappals for centuries.
- According to LIDKAR officials, there are 5,000 people from villages in Belagavi, Bagalkote and even Dharwad making Kolhapuri chappals at their houses. Their market is restricted to nearest towns.
- These leather chappals are hand-crafted and tanned using vegetable dyes. The art of making them is passed down one generation to another.
- A GI is primarily an agricultural, natural or a manufactured product (handicrafts and industrial goods) originating from a definite geographical territory.
- Typically, such a name conveys an assurance of quality and distinctiveness, which is essentially attributable to the place of its origin.
- Once the GI protection is granted, no other producer can misuse the name to market similar products. It also provides comfort to customers about the authenticity of that product.
- Provisions in this regard: GI is covered as element of intellectual property rights (IPRs) under Paris Convention for Protection of Industrial Property.
- At international level, GI is governed by WTO’s Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS). In India, Geographical Indications of Goods (Registration and Protection Act), 1999 governs it.
- The Controller-General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 3 of the Trade Marks Act, 1999, shall be the Registrar of Geographical Indications.
- The Central Government may appoint such officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Registrar, such functions of the Registrar under this Act, as he may from time to time authorize them to discharge.