CIVIL SERVICES PRELIMS, 2024
Model Questions (for GS Paper )
Set No. 47
{Prepared on 11.6.2024 }
Also useful for
TGPSC GROUP I Prelims & Mains 2024
For
Study purpose only
Prepared by :Praturi
Potayya Sarma,MA(OU),LLB(OU),PGDIRPM
MULTIPLE
CHOICE QUESTIONS on Acts and Constitution of India
1)
Gender
justice is an important commitment of the Government as enshrined in the
Constitution of India. In order to promote a gender just society and increased
representation of women in various domains, several steps have been taken by
the Government over the years to improve economic and political empowerment and
the safety and security of women.
Consider
the following:
These
include enactment of criminal laws and special laws like :
1)‘the
Protection of Women from Domestic Violence Act, 2005’,
2)‘the Dowry
Prohibition Act, 1961’,
3)‘the
Prohibition of Child Marriage Act, 2006’;
4)‘the
Indecent Representation of Women (Prohibition) Act, 1986’;
5)‘the
Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013’,
6)‘the
Immoral Traffic (Prevention) Act, 1956’,
7)‘the
Commission of Sati Prevention Act, 1987’,
8)‘the
Protection of Children from Sexual Offenses Act, 2012’,
9)‘the
Juvenile Justice (Care and Protection of Children) Act, 2015, etc.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9
Ans : d
==============================================================
2)Consider
the following regarding the efforts made to women empowerment :
1)Besides,
the Government gives utmost priority to the safety, security and empowerment of
women across the country. The Government has adopted multi-pronged approach to
address the issue of women on a life-cycle continuum basis for their
educational, social, economic and political empowerment so that they become
equal partners in fast paced and sustainable national development.
2)In the
past few years, a number of initiatives have been taken for holistic
development and empowerment of women in the country.
3)The
initiatives like Samagra Shiksha, Scholarship schemes, Babu Jagjivan Ram
Chhatrawas Yojna, Swachh Vidyalaya Mission, etc. ensure that schools are
girl-friendly especially for vulnerable sections of society and have adequate
facilities in place to fulfil their special requirements.
4)Department of
Higher Education, Ministry of Education is administering ‘National Mission on
Education through Information and Communication Technology’ (NMEICT) Scheme,
SWAYAM (Study Webs of Active Learning for Young Aspiring Minds), SWAYAM PRABHA,
National Digital Library (NDL), Virtual Lab, e-Yantra, NEAT (National Education
Alliance for Technology) etc. to ensure quality education through e-learning to
students across the country. Under the Pradhan Mantri Vidya Lakshmi Karyakram,
Vidya Lakshmi Portal (VLP) has been launched by the Government to ensure that
students avail education loans easily through single window system of banks.
All Public Sector Banks (PSBs) have been on-boarded on the Portal.
5)Multiple
initiatives in the past years for increasing participation of women in Science,
Technology, Engineering and Mathematics (STEM) have been undertaken. Vigyan
Jyoti was launched in 2020 to balance low representation of girls in different
streams of Science and Technology from 9th to 12th standards. The Overseas
Fellowship Scheme started in 2017-18, provides opportunities to Indian Women
Scientist and Technologists to undertake international collaborative research
in STEM. Several women scientists have played significant roles in India’s
maiden Mars Orbiter Mission (MOM), or Mangalyaan, including building and
testing the scientific instruments at the Space Application Centre.
6)Pradhan
Mantri Awaas Yojana – Gramin (PMAY-G) Scheme focuses on woman ownership of
houses and it has been decided that the allotment of house shall be made in the
name of the woman or jointly in the name of the husband and wife, except in the
case of a widower/ unmarried/ separated person/ transgender.
7)National
Agriculture Market or e-NAM, an online trading platform for agricultural
commodities is helping women overcome or compensate the barriers they face in
accessing markets. National Cooperative Development Corporation (NCDC) is
playing a significant role to uplift women cooperatives as large number of
women are engaged and involved in cooperatives dealing with activities related
to food grain processing, plantation crops, oilseeds processing, fisheries,
dairy & livestock, spinning mills, handloom and power loom weaving,
Integrated Cooperative Development Projects, etc.
8)Construction
of over 11.60 crore toilets under ‘Swachh Bharat Mission’, clean cooking gas
connections to 10.14 crore women below poverty line under ‘Ujjawala Yojana’ and
connecting over 14.21 crores out of 19.26 crores rural household with tap
drinking water connections under ‘Jal Jeevan Mission’ have transformed the
lives of women by reducing the drudgery and care burden.
9)Further,
“Pradhan Mantri Bhartiya Janaushadhi Kendras’ are established so as to reduce
out of pocket expenses in healthcare. The objective is to bring down the
healthcare budget of every citizen of India through providing Quality generic
Medicines at Affordable Prices. Over 10,000 Kendras are functional across the
country.
10)In order to
enhance the employability of female workers, the Government is providing
training to them through a network of Women Industrial Training institutes,
National Vocational Training Institutes and Regional Vocational Training
Institutes. A number of enabling provisions have been incorporated in Labour
Codes viz. the Code on Wages, 2019, the Industrial Relations Code, 2020, the
Occupational Safety, Health and Working Conditions Code, 2020 and the Code on
Social Security, 2020 for creating congenial work environment for women
workers. The Mahatma Gandhi National Rural Employment Guarantee Act, 2005
(MGNREGA) mandates that at least one third of the jobs generated under the
scheme (MGNREGS) should be given to women.
11)To ensure
economic independence of women through skill development and vocational
training, the Government has introduced Skill India Mission. The National Skill
Development Policy focuses on inclusive skill development, with the objective
of increased women participation for better economic productivity.
12)Government
has also set up the Pradhan Mantri Kaushal Kendras under the Pradhan Mantri
Kaushal Vikas Yojana across the country. Emphasis has been laid on creating
additional infrastructure both for training and apprenticeship for women;
flexible training delivery mechanisms such as mobile training units, flexible
afternoon batches along with on local need-based training to accommodate women;
and ensuring safe and gender sensitive training environment, employment of
women trainers, equity in remuneration, and complaint redressal mechanism.
13)The Government
of India has launched the ‘Pradhan Mantri Gramin Digital Saksharta Abhiyan’
(PMGDISHA) to usher in digital literacy in rural India by covering 6 Crore
rural households (one person per household). The Scheme aims to bridge the
digital divide, specifically targeting the rural population including
marginalized sections of society like SC/ST, minorities, persons falling below
poverty line, women and differently abled.
14)Under
Deendayal Antyodaya Yojana - National Rural Livelihoods Mission (DAY-NRLM), nearly
9.98 crore women are connected with around 90 lakh women’s self-help groups
that are transforming rural socio-economic landscape in several innovative and
socially and ecologically responsible ways, also availing governmental support
including through collateral free loans.
15)India is
promoting greater roles for girls in the armed forces. Government has also made
enabling provisions for allowing women’s participation in non-conventional
sectors such as fighter pilots in Indian Air Force, Commandos, Central Police
Forces, admissions in Sainik Schools, entry of Girls in NDA etc. The Government
has taken multiple initiatives to increase female participation in the civil
aviation sector with the creation of women aviation professionals through a
special focus on young schoolgirls, especially from low-income families. Today,
country has 10% more women pilots than the global average. Globally, according
to the International Society of Women Airline Pilots, around 5 per cent of
pilots are women. In India, the share of women pilots is significantly higher.
16)There are
schemes like Pradhan Mantri Mudra Yojana and Stand-Up India, Prime Minister’s
Employment Generation Programme (PMEGP) have been launched for helping women
set up their own enterprises. To economically empower women, 81% of loans of
sizes from rupees ten lakh to rupees one crore under ‘Stand-Up India’ have been
made available to women by the Government.
17)Under one
of the largest financial inclusion programmes in the world, PM Jan Dhan Yojana
has benefited more than 28 crore women, mostly in rural areas to open their own
bank accounts. For securing the future of the girl child, the government
launched a savings scheme called ‘Sukanya Samriddhi Account’ etc.
18)With special
attention towards entrepreneurship, Government of India has played a key role
in the facilitation and disbursement of a large number of loans to small
women-led enterprises ensuring that women become a vital force in the country’s
burgeoning start-up ecosystem supported under the Start-up India.
19)In order to
bring women in the mainstream of political leadership at the grass root level,
Government has reserved at least 33% of the seats in Panchayati Raj
Institutions (PRIs) for women through the 73rd amendment
to the Constitution. Today, there are more than 14.50 lakh Elected Women
Representatives (EWRs) in PRIs, which is approximately 46% of the total elected
representatives. The Government is providing training to the EWRs from time to
time to build on their capacity with a view to empowering women to participate
effectively in the governance processes.
20)The
greatest leap forward for women empowerment and representation of women in the
highest political offices in the country has been the notification by
Government of the Nari Shakti Vandan Adhiniyam, 2023 (Constitution One Hundred
and Sixth Amendment) Act, 2023 on 28 September, 2023, for reservation of
one-third of seats for women in the House of People (Lok Sabha) and in the
State Legislative Assemblies including Legislative Assembly of NCT of Delhi.
21)The Ministry
implements the Umbrella Scheme named as ‘Mission Shakti’ during the 15th Finance
Commission period with effect from the financial year 2022-23, is aimed at strengthening interventions for women safety,
security and empowerment. It seeks to realise the Government’s commitment for
“women-led development‟ by addressing issues affecting women on a life-cycle
continuum basis and by making them equal partners in nation-building through
convergence and citizen-ownership. It seeks to focus on proposing strategies
for improving convergence across Ministries/ Departments and at different
levels of governance. It also seeks to promote greater participation and
support of Panchayats and other local level governance bodies, apart from
strengthening digital infrastructure support, last mile tracking and Jan
Sahabhagita. Mission Shakti has two sub-schemes -‘Sambal’ and ‘Samarthya’.
22)In the
“Sambal” sub-scheme, which is for safety and security of women and has the
components of One Stop Centres (OSCs), Women Helpline (WHL), Beti Bachao Beti
Padhao (BBBP) and a new component of Nari Adalat.
23)In the
“Samarthya” sub scheme, which is for empowerment of women and has the
components of Pradhan Mantri Matru Vandana Yojana (PMMVY), Ujjwala, Swadhar
Greh (renamed as Shakti Sadan) and Working Women Hostel (renamed as Sakhi
Niwas), National Creche Scheme (renamed as Palna) and a new component of Gap
Funding for Economic Empowerment i.e. Hub for Empowerment of Women (HEW) with
the aim to facilitate inter-sectoral convergence of schemes and programs meant
for women at the Central, State/ UT and District levels for creating an
environment in which women are able to realize their full potential. The
support under the HEW provides for guiding, linking and hand holding women to
various institutional and schematic set ups for their empowerment and
development including access to healthcare, quality education, career and
vocational counseling/ training, financial inclusion, entrepreneurship,
backward and forward linkages, health and safety for workers, social security
and digital literacy at districts/ Blocks/ Gram Panchayats level across the
country.
24)The Anganwadi
Services under Mission Poshan 2.0 is a universal scheme under which pregnant
women and lactating mothers are eligible for the services including the
Supplementary Nutrition Programme (SNP). For partial compensation of wages and
for promoting health seeking behavior among pregnant women and lactating
mothers, Government has implemented Pradhan Mantri Matru Vandana Yojana (PMMVY)
which aims to promote appropriate practice, care and institutional service
utilization during pregnancy, delivery and lactation by providing cash
incentives in Direct Benefit Transfer (DBT) mode to pregnant and lactating
mothers. Benefits have been extended to around 3.29 crore women through this
scheme. Aslo, Palna, a sub-scheme is implemented in all States/ UTs to provide
day care facilities and protection to children. The services of childcare have
been extended through Anganwadi cum Crèche (AWCC) by way of converting all
standalone creches into Anganwadi-cum-creches (AWCCs) to enable more mothers to
work and the care givers to participate in the workforce.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9 to 24
Ans : d
=====================================================================
3) Consider the following :
1)In 2017, the
Maternity Benefit Act was amended to increase paid maternity leave from 12
weeks to 26 weeks for the first two children which provides for paid maternity
leave to women workers and creche facility in establishments having fifty or
more employees within prescribed distance.
2)Depending upon
the nature of work assigned to a woman, the Section 5(5) of the Act also
provides for work from home for woman after availing of the maternity benefit
for such period and on such conditions as the employer and the woman may
mutually agree.
3)As per the
Time Use Survey (TUS) (January – December 2019) conducted by the Ministry of
Statistics and Programme Implementation, in both rural and urban India, about
80% females are involved in unpaid domestic services for household members
devoting about 5 hours per day compared to about 20% males with about 1 hour
and 30 minutes per day.
4)The National
Policy for the Empowerment of Women inter-alia aims at changing societal
attitudes and community practices by active participation and involvement of
both men and women. It provides policy directions to ensure women’s
perspectives which are included in designing and implementing macro-economic
and social policies by institutionalizing their participation in such processes.
The policy aims to recognise women as producers and workers in the formal and
informal sectors (including homebased workers) and appropriate policies
relating to employment and her working conditions are accordingly drawn up.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3,4
Ans : d
================================================================
4)Consider the
following:
1)As per
Periodic Labour Force Survey, conducted by Ministry of Statistics and Programme
Implementation, the female labour force participation rate (usual status, age
15 years and above) has consistently increased from 23.3% in 2017-18 to 37.0%
in 2022-23
2)This
significant jump of 13.7% in the female labour force participation rate is an
outcome of the decisive agenda set by the Government for ensuring women’s
empowerment through policy initiatives aimed at their long-term socio-economic
development to improve women's participation in the labour force and quality of
their employment in the country
Which of the
following is correct?
(a)1 only
(b)2 only
( c ) Both 1
and 2
(d) Neither 1
nor 2
Ans : c
================================================================================
5)Consider the
following :
1)The Rajya Sabha
9.2.2024 passed ‘The Public Examinations (Prevention of Unfair Means) Bill,
2024’ aimed at curbing leaks, malpractices as well as organised malpractices in
recruitment examinations like UPSC, SSC etc and entrance tests such as NEET,
JEE, and CUET. The Bill, which has already been passed by the Lok Sabha, will
now become a law after the accent followed S issue of notification.
2)Initiating the
debate on the Bill, Union Minister of State Incharge DoPT, said, "the Public Exams Bill, which is
possibly the first of its kind in the history of India's Parliament, is
dedicated to the youth of India".
3)“Prevention
of Unfair Means Bill, 2024” will also cover entrance examinations held by the
Union Public Service Commission, the Staff Selection Commission, the Railways,
banking recruitment examinations and all computer-based examinations conducted
by the National Testing Agency.
4)The Bill has already
been passed by the Lok Sabha after an extensive discussion on 6th February
2024.
5)“We have a stake in
the country’s youth, who form the majority 70% of the country’s population.
Their contribution is imperative for nation-building over the next
two decades in the making of Prime Minister Shri Narendra Modi’s Viksit
Bharat,” he said.
6)Stating that the
Bill is the first of its kind in the history of Indian Parliament, Dr Jitendra
Singh this legislation seeks to address a very recent phenomenon affecting the
youth. Government headed by Prime Minister Shri Narendra Modi has always placed
youth at a very high priority, he said.
7)Participating in the
debate, Shri Digvijay Singh of Congress, said the Bill deals with a subject in
the Concurrent List and called for its extension to States . Dr Jitendra Singh
countered Digvijay Singh by reminding him that at one time Education used to be
a part of State list and the then Congress Govt had changed it over to
Concurrent list.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3,4,5,6,7
Ans : d
6)Consider the
following :
1)The Government has been implementing a
Centrally Sponsored Scheme viz., National Food Security Mission- Oilseeds &
Oil palm (NFSM-OS&OP) from 2018-19 to augment the availability of edible
oils by increasing the production and productivity of nine oilseed crops and
area expansion under Oil Palm & Tree Borne Oilseeds in the country.
2)Under the NFSM- Oilseeds, incentives/
subsidies are being provided to the farmers through State Government for three
broad interventions viz. (i) seed component covering purchase of breeder seeds
, production of foundation seeds & certified seeds, distribution of
certified seeds, distribution of seed minikits & seed hub (ii) production
inputs component covering seed storage bins, Plant Protection (PP) equipments
& seed treating drum, PP chemicals, distribution of gypsum/ pyrites/ lime
etc., Nuclear Polyhedrosis Virus/ bio agent, supply of bio-fertilizers,
improved farm implements, sprinkler sets, water carrying pipes, and (iii)
transfer of technology component covering cluster/ block demonstrations, Frontline
Demonstrations, Cluster Frontline Demonstrations and training through National
Agricultural Research System and Krishi Vigyan Kendra, Integrated Pest
Management through Farmer Field School (FFS) mode, training of farmers,
training of officers/ extension workers, need based R&D project including
seminar/ kisan mela and oil extraction unit under flexi funds.
3)Now, the Government has launched a separate
mission i.e. National Mission on Edible Oils (Oil Palm)- NMEO (OP) in 2021-22
to promote oil palm cultivation for making the country Aatmanirbhar in edible
oils with special focus on North Eastern States and Andaman & Nicobar by
increasing area of Oil Palm from 3.70 lakh hectares to 10.00 lakh hectares in
2025-26.
4)Both NFSM- Oilseeds and NMEO (OP) are being
implemented in the country with the objective of augmenting the availability of
edible oils by increasing the production and productivity of oilseeds & oil
palm and reducing the import burden.
5)In addition to above, Rashtriya Krishi Vikas
Yojana- RAFTAAR (RKVYRAFTAAR) provides provision for crop production related
activities on oilseeds. Under RKVY-RAFTAAR, the states can also implement
programme on oilseeds with the approval of State Level Sanctioning Committee
(SLSC) constituted under the chairpersonship of Chief Secretary of the
state.
6)Finance Minister during her budget speech
2024 has made following announcement:-
i)“Building on the initiative announced in
2022, a strategy will be formulated to achieve ‘atmanirbharta’ for oil seeds
such as mustard, groundnut, sesame, soybean and sunflower. This will cover
research for high- yielding varieties, widespread adoption of modern farming
techniques, market linkages, procurement, value addition, and crop
insurance”.
ii)Due to efforts of the Government, the
import dependency of edible oils have been reduced from 63.25% in 2015-16 to
57.30% in 2022-23 and domestic production has increased from 36.75 % in 2015-16
to 42.71 % in 2022-23 of the total demand of the country despite rise in
overall demand of edible oil.
7)The Ministry of Agriculture and Farmers
Welfare, Government of India organizes National Conferences on Agriculture
Campaign before sowing season of Zaid, Kharif & Rabi to discuss various
issues related to upcoming sowing season. In these conference issues related to
seeds are also discussed.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7
Ans : d
7) Consider the
following :
1)To create domestic and global demand and to
provide nutritional food to the people, Government of India had proposed to the
United Nations for declaring year 2023 as International Year of Millets (IYM).
The proposal of India was supported by 72 countries and United Nations General
Assembly (UNGA) declared 2023 as International Year of Millets during March,
2021. The Government of India has taken a proactive multi-stakeholder
engagement approach (engaging various central government
Ministries/Departments, States/UTs, farmers, start-ups, exporters, retail
businesses, hotels, Indian Embassies etc.) to achieve the objectives of IYM
2023 and taking Indian millets globally.
2)The focus during IYM-2023 was to enhance
production and productivity, consumption, export, strengthening value chain,
branding, creating awareness for health benefits etc. The
3)Government of India
has organized various events to make it peoples’ movement so that the Indian
millets, recipes, value added products be promoted globally. Millets were
promoted during the G20 presidency in India, Millet Culinary carnival,
International Trade Events, Chef’s Conference, exhibition of Farmers Producer
Organizations (FPOs), road shows, kisan melas, Chef’s training for paramilitary
forces, ASEAN India Millet Festival at Indonesia and Delhi etc.
4)A key event organized towards International
Year of Millets was the Global Millets (Shree Anna) Conference, held from 18th
– 19th March 2023 at IARI, Pusa Campus, New Delhi which was inaugurated by the
Hon’ble Prime Minister and the exhibition on millets was further extended by
three days. To make India a global hub for 'Shree Anna', the Indian Institute
of Millets Research (IIMR), Hyderabad has been declared as the Global Centre of
Excellence for sharing best practices, research and technologies at the
national and international level.
5)The Indian Institute of Millet Research
(IIMR), Hyderabad is also providing training to the farmers, women farmers,
home makers, students and young entrepreneurs on manufacturing of value-added
millet food products, daily recipes etc., and supporting them to establish
self-enterprise. The institute has also developed value-added technologies
include “Ready to Eat” and “Ready to Cook” for millet foods, branding of millet
foods under “Eatrite” tag, organized awareness programmes, agri-business
incubator, technology business incubators etc.
6)The new Regional Research Centre for Bajra
at Gudamalani, near Barmer, Rajasthan has been inaugurated on 27th September, 2023. To strengthen the research
collaboration and public awareness of millets globally, a new initiative viz.,
“Millets and Other Ancient Grains International Research Initiative
(MAHARISHI)’’ has been adopted during the G20 Presidency.
7)The Ministry of Food Processing Industries
(MoFPI) has approved the Production Linked Incentive Scheme for Food Processing
Industry for Millet-based products (PLISMBP) for implementation during 2022-23
to 2026-27 with an outlay of Rs. 800 crores. Millets are also included under
the Poshan Abhiyan of the Ministry of Women and Child Development.
Further, the Ministry of Food and Public Distribution has revised its
guidelines to increase the procurement of millets under the Targeted Public
Distribution System (TPDS), Integrated Child Development Services (ICDS) and
Mid-Day Meal.
8)An Export Promotion Forum dedicated to
promotion of millets in the international market has been set up to facilitate
promotion, marketing and development of millets exports from India. Under the
Eat Right campaign, the Food Safety and Standards Authority of India (FSSAI) is
creating awareness to promote the use of millets as part of a healthy and
varied diet. To encourage consumption of Shree Anna among government employees,
all Government offices have been advised to include Shree Anna snacks in
departmental trainings/meetings and Shree Anna based food items in departmental
canteens.
9)In order to increase the production &
productivity of millets (Shree Anna), the
Department of Agriculture and Farmers Welfare
(DA&FW) is implementing a Sub-Mission on Nutri-Cereals (Millets) under
National Food Security Mission (NFSM) in all districts of 28 States & 2
Union Territories viz. Jammu & Kashmir and Ladakh. The Nutri-Cereals
(millets) such as Sorghum (Jowar), Pearl Millet (Bajra), Finger Millet
(Ragi/Mandua), Minor Millets i.e., Foxtail Millet (Kangani/Kakun), Proso Millet
(Cheena), Kodo Millet (Kodo), Barnyard Millet (Sawa/Sanwa/ Jhangora), Little
Millet (Kutki) and two Pseudo Millets Buck-wheat (Kuttu) and Amaranthus (Chaulai)
are covered under NFSM programme.
10)Under NFSM–Nutri Cereals, the incentives
are provided to the farmers, through the States/UTs, on crop production and
protection technologies, cropping system based demonstrations, production &
distribution of certified seeds of newly released varieties/hybrids, Integrated
Nutrient and Pest Management techniques, improved farm
implements/tools/resource conservation machineries, water saving devices,
capacity building of farmers through trainings during cropping season, organizing
events/workshops, distribution of seed minikits, publicity through print and
electronic media etc.
11)In addition, Government of India also
provides flexibility to the states for state specific needs/priorities under
Rashtirya Krishi Vikas Yojana (RKVY). The states can promote Millets (Shree
Anna) under RKVY with approval of State Level Sanctioning Committee (SLSC)
headed by Chief Secretary of the State. In addition, states such as Assam,
Bihar, Chhattisgarh, Karnataka, Madhya Pradesh, Maharashtra, Odisha, Rajasthan,
Tamil Nadu, Uttarakhand and Uttar Pradesh have initiated Millet Missions in the
States to promote millets.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11
Ans : d
8)Consider the following :
1)The
Supreme Court on 9.2.2024 asked if the Preamble of the Constitution could have
been amended without changing the date of its adoption on November 26, 1949.
The Preamble was amended only once in December 1976 by the Indira Gandhi
government to introduce the words ‘socialist’ and ‘secular’.
2)The
phrase “unity of the nation” was replaced with “unity and integrity of the
nation”.
3)The
changes were made in the Preamble through the 42nd Constitutional Amendment
during the Emergency.
4)Originally,
the text of the Preamble declared India as a ‘sovereign, democratic republic’.
The words ‘socialist’ and ‘secular’ were inserted between ‘sovereign’ and
‘democratic’.
5)“From
an academic point of view, could the Preamble have been changed by keeping the
date intact?” Justice Dipankar Datta, sharing a Bench with Justice Sanjiv
Khanna, asked.
6)The
Bench was hearing a petition filed by BJP leader Subramanian Swamy to delete
the words socialist and secular from the Preamble.
7)“Originally
these two words [socialist and secular] were not there… The text says ‘In our
Constituent Assembly this 26th day of November, 1949, do hereby adopt, enact,
and give to ourselves this Constitution’,” Justice Datta said.
8) “It
was not that the Preamble could not have been amended”, but could it have been
done without changing the date. In fact, the largest Bench in the history of
the Supreme Court (13 judges) in the Kesavananda Bharati case
had held that the Preamble was an integral part of the Constitution and was
subject to the amending power of the Parliament, provided the basic structure
was not tinkered with.
9)An
Advocate said the Preamble “did come
with a date. Therefore, amending it without any debate” had been suspect.
10)It
is said that the amendments were pushed through during the Emergency.
11)An
Advocate , appearing for Communist Party of India (CPI) leader Binoy Viswam,
said the 42nd amendment was indeed “infamous”. It had after all tried to reduce
the power of the Supreme Court and High Courts.
12)The
court agreed to hear further arguments in the week commencing April 29, 2024.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12
Ans : d
9)Consider the following :
1)The
Lok Sabha passed the Water (Prevention
and Control of Pollution) Amendment Act, 2024. The legislation, which was
introduced and passed in the Rajya Sabha on February 5,2024 makes important
changes to the Water (Prevention and Control of Pollution) Act, 1974.
2)This
Act was the first piece of legislation in independent India that identified the
need to have an institutional structure to address contamination of water
bodies. This led to the creation, in September 1974, of the Central Pollution
Control Boards (CPCB) and State Pollution Control Boards (SPCB) that were
charged with monitoring and preventing public water resources from getting
contaminated by sewage and industrial effluents. This Act made it mandatory for
industrial units to get permission from their respective State boards before
setting up factories and submitting themselves to checks on whether their
manufacturing and other processes were complying with prescribed norms.
3)“The
Parliament of India in its wisdom enacted the Water (Prevention and Control of
Pollution) Act in 1974 with a view to maintaining and restoring wholesomeness
of our water bodies. One of the mandates of the Central Pollution Control Board
(CPCB) is to collect, collate and disseminate technical and statistical data
relating to water pollution,” the website of the CPCB notes. While the CPCB is
empowered to conduct checks and provide guidance on technical standards to be
adhered to, the SPCB files cases and is expected to enforce compliance.
Violating the provisions of the Water Act can mean industries being shut down;
monetary fines as well as imprisonment of up to six years. That said, there
have been no instances of companies or people in India having been imprisoned
due to environmental violations.
4)Water
is a State subject, and the Centre cannot directly pass legislative laws
influencing water management. However, the Centre can create legislation, if
two or more States demand it, and this can be made applicable by States over
their territories if they adopt the legislation in their Assemblies. The
amended version of the Act, passed by both Houses of Parliament, will currently
apply to Himachal Pradesh and Rajasthan and the Union territories. The original
Act, passed in 1974, is applicable in 25 States. The most important change is
that it removes the provisions of imprisonment for several violations, deemed
“minor”, and replaces them with fines, to the tune of ₹10,000 extending up to
₹15 lakh.
5)As
per the original Act, the SPCB’s permission is needed for establishing any
industry or treatment plant, which could discharge sewage into a water body,
sewer, or land. In the amendment, the Bill specifies that the Centre, “... in
consultation with the CPCB, may exempt certain categories of industrial plants
from obtaining such consent....”
6)However,
operating or establishing an industrial unit without SPCB consent can still
land you in jail for six years along with a fine.
7)The
Bill also adds that the Centre may issue guidelines for the grant, refusal, or
cancellation of consent granted by the SPCB. It also penalises tampering with
monitoring devices used in determining whether any industry or treatment plant
can be set up. The penalty will be between ₹10,000 and ₹15 lakh. The amended
Act also empowers the Centre to frame rules to select the chairpersons of SPCBs
and frame guidelines that States can follow on matters for establishing
industries and new operating processes.
8)Explaining
the rationale behind the amendments, Environment Minister, who steered the Bill, said outdated rules and
regulations caused a “trust deficit.” The imprisonment provisions for minor
violations, which are simple infringements and did not lead to any injury to
humans or damage to the environment, often caused “harassment” to businesses
and citizens and was not in consonance with the spirit of “ease of living and
ease of doing business,” he added.
9)In
discussions on the Act in the Lok Sabha, Members of Opposition parties raised
concerns that the amendments weakened the laws that protected rivers and water
bodies from industrial pollution. They argued that the fear of imprisonment
acted as an effective deterrent to industrial units that were lax with
complying with strict regulations.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9
Ans : d
==================================================
10)Consider
the following
1)On
February 7,2024 the Uttarakhand Assembly passed the Uniform Civil Code (UCC)
Bill, becoming the first legislature in independent India to pass a law that
proposes common rules on marriage, divorce, inheritance of property, and
live-in relationships for all citizens, irrespective of their religion. This
stems from Article 44 of the Constitution (Directive Principles of State
Policy) which although not enforceable, obligates the State to strive to
implement such a uniform law. The Bill will now be sent to the President for her
assent after which it will become a law.
2)It
applies to all residents of Uttarakhand except the tribal community which
constitutes 2.9% of the State’s population. The community has been averse to a
UCC from the very beginning. Accordingly, Section 2 stipulates — “Nothing
contained in this code shall apply to the members of any Scheduled Tribes
within the meaning of clause (25) of Article 366 read with Article 142 of the
Constitution of India and the persons and group of persons whose customary
rights are protected under Part XXI of the Constitution of India.”
3)The
Bill imposes an obligation on all heterosexual couples (irrespective of whether
they are residents of Uttarakhand or not) to register their live-in
relationships by submitting a “statement” to the concerned Registrar. Even if
such a relationship is terminated, the Registrar has to be kept informed. In
case either of the partners is less than 21 years old, the declaration will
also be sent to their parents or guardians.
4)Subsequently,
the Registrar will conduct a “summary inquiry” to ensure that the relationship
does not fall under any of the prohibited categories mentioned under Section
380 — if a partner is married or in another relationship, if he or she is a
minor, and if his or her consent was obtained by “coercion, fraud or
misrepresentation”. The Registrar will then have to decide within 30 days. If
the registration is refused, reasons have to be conveyed in writing.
5)Notably,
a woman is eligible to claim maintenance in case she is “deserted” by her
live-in partner.
6)In
case a couple has spent a month without registering their live-in relationship,
they can face a jail term of up to three months or a maximum fine of ₹10,000,
or both. Any false statement by them will also attract the same jail term, but
a higher fine amount of₹25,000, or both. Upon being issued a notice, if they
still do not register, they may face six months of imprisonment or a fine
of₹25,000 or both.
7)The
Bill abolishes the concept of “illegitimate children” by extending legal
recognition to children born in void and voidable marriages, as well as
children born in live-in relationships.
8)One
of the conditions stipulated under Section 4 for a valid marriage is that
neither party should have “a spouse living at the time of the marriage” thus
prohibiting practices such as bigamy or polygamy. The minimum age of marriage,
however, will remain the same.
9)Marriages
that occur after the enactment of the law have to be compulsorily registered
within 60 days. This applies to marriages solemnised within the State or
outside its territory, provided that at least one party to the marriage is a
resident of Uttarakhand. Although non-registration of marriage will not
invalidate it, parties can attract a penalty of up to₹10,000. A three-month
jail term and a fine of ₹25,000 will be also awarded in case false information
is intentionally rendered during marriage registration.
10)Marriage
ceremonies can be conducted in accordance with any religious and customary
rites detailed under legislations such as The Anand Marriage Act, 1909, Arya
Marriage Validation Act, 1937, and The Special Marriage Act, 1954, among
others.
11)No
marriage can be dissolved without a court order or else it can attract
imprisonment up to 3 years. Grounds for divorce also include religious
conversion but not “irretrievable breakdown of marriage” despite the latter
being recognised in several Supreme Court judgments.
12)Importantly,
Section 28 prohibits the initiation of divorce proceedings unless one year has
elapsed since the date of marriage. However, an exception can be made if the
petitioner has suffered “exceptional hardship” or if the respondent has
exhibited “exceptional depravity”. Women can specifically seek a divorce in
case the husband has been found guilty of rape or any kind of unnatural sexual
offence or if he has more than one wife. Following a divorce, the custody of a
child up to 5 years remains with the mother.
13)A
distinct feature of the Bill is that it abolishes the coparcenary system
governing ancestral property under the Hindu Succession Act, 1956. Thus, the
same scheme of succession will now apply to both ancestral and self-acquired
property for Hindus.
14)In
the event of intestate succession, the Bill guarantees equal property rights
for the spouse, children, and parents — a departure from existing personal laws
that limit such rights. If there is no immediate family, the property will be
equally divided among second-line relatives — first cousins from the paternal
side. Others can also stake a claim if no eligible claimants are found.
15)Existing
Muslim personal law practices governing marriage and divorce such as nikah
halala, iddat, and triple talaq have been criminalised without
explicitly naming them. For instance, Section 30(1) stipulates that the right
of a person to remarry the divorced spouse can only be exercised without any
condition, such as marrying a third person before such a marriage. This
therefore prohibits the practice ofnikah halala.
16)Section
32 further provides that anyone who “compels, abets or induces” to observe any
such condition before remarriage will be punished with imprisonment up to three
years and also be liable to pay a fine of₹1 lakh.
17)
“The mandatory registration of live-in relationships is intrusive and definitely
in breach of the fundamental right to privacy as it forces you to submit
yourself to the state on something as intimate as a personal relationship,”
says, Co-Founder and Lead at the Vidhi Centre for Legal Policy in Bengaluru.
18)Madhya
Pradesh and Gujarat have also appointed committees to initiate the
formulation of a UCC. This, effectively defeats the purpose of Article 44 since
the Constitution framers did not intend for every State to have its own
different version of a UCC.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13,14,154,16
Ans : d
================================================
11)Consider the following :
1)In
2023, the High Courts confirmed the death sentences of 1% of prisoners whose
cases were up for decision. This is the lowest confirmation rate by the
appellate courts since 2000. The lone confirmation came in the Karnataka High
Court in a murder simpliciter case. If the dominant intention of the act was to
kill a person, it is ‘murder simpliciter’; otherwise, it is categorised as an
accidental murder. These were some of the findings of the ‘Death Penalty in
India: Annual Statistics 2023’ report, which was released by Project 39A, an
advocacy group with the National Law University, Delhi.
2)The
death sentences of 45% of prisoners were commuted. An equal share of prisoners
were acquitted. The remaining 6% were remanded to trial courts .
3)Notably,
the rate of disposal of death penalty confirmation proceedings at the High
Courts decreased by around 15% in 2023. Last year, 57 death penalty cases were
disposed of compared to 68 cases in 2022. This decline is attributed to the
high number of prisoners who are on death row in the country. The report noted
that with 120 death sentences being imposed by trial courts, there were 561
prisoners on death row by the end of December 2023. This is the highest number
in nearly two decades, and the second-highest since 2000, according to the
National Crime Record Bureau’s Prison Statistics Reports. The number of
prisoners on death row as on December 31 each year. The number of prisoners on
death row by the end of December 2023 had increased by over 40% compared to
2016.
4)Last
year, the Supreme Court did not confirm any death sentence, the second time
since 2021. It shows the number of death penalty cases
confirmed each year by the Supreme Court.
5)As
has been the trend in the recent past, the majority of death penalty cases in trial
courts in 2023 involved crimes related to sexual offences. Of the 120 death
sentences imposed by trial courts in 2023, more than 50% were for crimes
involving homicidal rapes. Notably, the trial courts imposed death sentences in
87% of cases in the absence of any information relating to the accused. This is
despite the Supreme Court’s mandate in Manoj v. State of Madhya Pradesh (2022),
which requires trial courts to proactively elicit material on the mitigating
circumstances of the accused, including psychiatric evaluations, while
sentencing them in death penalty cases.
6)In
2023, the Supreme Court acquitted six death row prisoners in five cases and
remanded two cases involving two prisoners to the trial courts while
criticising the negligence in investigation and trials. In one particularly
grievous case, it found, 28 years after his imprisonment, that the convict was
a minor at the time of the offence.
7)Highlighting
potential changes in criminal laws, the report also noted their impact on the
administration of the death penalty. In August 2023, Parliament passed three
new Bills to repeal existing criminal codes. These Bills received the
President’s assent on December 25, 2023. The passing of the Bharatiya Nyaya
Sanhita, 2023, will increase the number of offences punishable by death to 18
from 12 under the Indian Penal Code, 1860.
8)Citing
the example of Ghana, where the Parliament passed a Bill in July 2023 to
abolish the death penalty for ordinary crimes, and countries such as Malaysia
and Kenya, the report also discussed international developments in death
penalty laws. According to the latest data from Amnesty International, China
executed the most number of death row inmates in 2022.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8
Ans : d
===================================
12)Consider the
following :
1)The 16th Finance Commission (XVI-FC) held
its first meeting under the Chairmanship of Dr. Arvind Panagariya in Jawahar
Vyapar Bhawan, Janpath, New Delhi. The Chairman and Members were welcomed by
Secretary, XVI-FC, Shri Ritvik Ranjanam Pandey and other officials of the
Finance Commission.
2)The XVI-FC discussed its Terms of Reference,
as per the order made by the President of India and notified by the Ministry of
Finance vide Notification S.O. 5533(E), dated 31st December, 2023.
3)The XVI-FC acknowledged the need for wide
ranging consultations with various stakeholders, including State Governments,
Local Bodies, Ministries of Government of India, and experts.
4)The XVI-FC recognised that it will be
carrying out detailed analytical work and would require to rope in all the
expertise that it can garner, including that from leading research
organisations, leading think tanks and other organisations working in the area
of fiscal federal relations.
5)The XVI-FC approved
the setting-up of its office at Jawahar Vyapar Bhawan on Janpath in New Delhi.
6)The XVI-FC will
make its recommendations available by 31st October, 2025, covering an award period
of 5 years commencing 1st April, 2026.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3,4,5,6
Ans : d
--------------------------------------------
13)Consider the following : Electoral Bonds Unconstitutional
1)In a landmark
unanimous judgment, the Supreme Court on Thursday struck down as
“unconstitutional and manifestly arbitrary” the electoral bonds scheme, which
provides blanket anonymity to political donors, as well as critical legal
amendments allowing rich corporations to make unlimited political donations.
2)A five-judge Bench
headed by Chief Justice of India held that the scheme, and preceding amendments
made to the Representation of the People Act, the Companies Act, and the Income
Tax Act, violated the voters’ right to information about political funding
under Article 19(1)(a) of the Constitution.
3)The lead opinion
authored by Chief Justice Chandrachud said that the absolute non-disclosure of
the source of political funding through electoral bonds promoted corruption,
and a culture of quid pro quo with the ruling party to
introduce a policy change or for bagging a license. The scheme and the
amendments authorised “unrestrained influence of corporates in the electoral
process”, it said.
4)The judgment belled
the cat on the deep nexus between money and politics, saying that
“contributions made by companies are purely business transactions made with the
intent of securing benefits in return”. It noted that the scheme allowed the
inflow of “huge contributions” by multinational corporations with major
business stakes in the country, overawing or even concealing the relatively
small financial contributions of people who believe in the ideologies of a
political party without expecting any substantial favours in return.
5)“Would we remain a
democracy if the elected do not heed the hue and cry of the needy? We ask
ourselves whether the elected would truly be responsive to the electorate if
companies which bring with them huge finances and engage in quid pro
quo arrangements with parties are permitted to contribute unlimited
amounts,” Chief Justice noted.
6)It is said that the
scheme and the amendments promoted “economic inequality” by giving corporations
with financial power an unsurpassable advantage over ordinary citizens in the
electoral process and political engagement. “This is violative of the principle
of free and fair elections and political equality captured in a value of ‘one
person, one vote’,” Chief Justice observed.
7)The court agreed that the fundamental right to
privacy covers a person’s political affiliation. However, it said, there should
be a balance between informational privacy and the voters’ right to
information.
8)The court dismissed
the Union government’s argument that the anonymity of political donors afforded
by electoral bonds incentivised financial contributions through banking
channels.
9)The court rubbished
the government’s claim that the scheme was meant to curb the injection of black
money into the electoral process. It ruled that “curbing of black money” was
not a reasonable restriction to the exercise of the voters’ fundamental
right to information about political funding enshrined in Article 19(1)(a).
10)The Chief Justice
asked the Union government how the “absolute” non-disclosure of the sources of
political funding introduced in the electoral bonds scheme could rationally
help curb black money. “Clause 7(4) of the scheme completely exempts
information on the purchasers of electoral bonds... The purpose of securing
information about political funding cannot be fulfilled by absolute
non-disclosure,” the Chief Justice pointed out.
11)The judgment noted
that the entire electoral bonds scheme had hinged on the anonymity provided
under Clause 7(4). Without this, the scheme was indistinguishable from other
modes of financial contributions. Sans the clause, the scheme had to fall.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12
Ans : d
=========================================================
14)Consider the following :
1)22nd Law Commission
of India has submitted its Report No. 287 titled “Law on Matrimonial Issues
Relating to Non-Resident Indians and Overseas Citizens of India” to the
Government of India on 15.02.2024.
2)The Law Commission
of India received a reference on The Registration of Marriage of Non-Resident
Indians Bill, 2019 (NRI Bill, 2019) from the Ministry of External Affairs,
received through the Department of Legal Affairs, Ministry of Law and Justice,
for examination.
3)Having conducted an
in-depth study of the law concerning the instant subject-matter, including the
NRI Bill, 2019 , the Commission is of the considered opinion that the proposed
central legislation should be comprehensive enough to cater to all facets
involving marriages of NRIs as well as foreign citizens of Indian origin with
that of Indian citizens. Such a legislation should be made applicable not only
to the NRIs but also to those individuals who come within the definition of
‘Overseas Citizens of India’ (OCIs) as laid down under Section 7A of the
Citizenship Act, 1955. It is further recommended that all marriages between the
NRIs/OCIs and Indian citizens should be made compulsorily registered in India.
4) The said
comprehensive central legislation should also include provisions on divorce,
maintenance of spouse, custody and maintenance of children, serving of summons,
warrants, or judicial documents on the NRIs/OCIs, etc. Further, it is
recommended that requisite amendments need to be introduced in the Passports
Act, 1967 in order to mandate the declaration of marital status, the linking of
a spouse's passport with the other and mentioning of the Marriage Registration
Number on the passports of both the spouses. Furthermore, the Government, in collaboration
with the National Commission for Women and the State Commissions for Women in
India and the NGOs and Indian associations abroad, should conduct awareness
programs for women and their families who are about to enter into marital
relationship with NRIs/OCIs.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3,4
Ans : d
==================================================================
15)Consider the following:
1)As per
mandate given to the National Commission for Scheduled Castes under Article 338
of the Constitution of India, it is the duty of the Commission to present to
the President annually & at other times as the Commission may deem fit,
reports upon the working of the Constitutional Safeguards of the Scheduled
Castes.
2)The reports
may include recommendation for the measures required to be taken by the Union
and the States for the effective implementation of those safeguards and other
measures for the protection, welfare and socio-economic development of the
Scheduled Castes.
Which of the
following is correct?
(a)1 only
(b)2 only
( c ) Both 1
and 2
(d) Neither 1
nor 2
Ans : c
=========================================================================
16)Consider the following about the Constitutional Provisions for a
Cooperative Society:
1) Article 19(1)(c) of the Constitution of India states that
- All citizens shall have the right to form associations or unions [or
co-operative societies]
2) Directive Principles of State Policy 43B- Promotion of
cooperative societies — The State shall endeavour to promote voluntary
formation, autonomous functioning, democratic control and professional
management of cooperative societies
3) Part IXB of the Constitution of India grants
constitutional status to cooperative societies and contains provisions for
their democratic functioning
4) A Cooperative Society is an autonomous open and voluntary
association of persons of the weaker section of the society, to meet their
common socio-economic and cultural needs and aspiration through a jointly owned
and democratic control enterprise in accordance with the cooperative values and
principles.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3,4
Ans : d
========================================
17)
The
Supreme Court has declared the Electoral Bonds Scheme as unconstitutional.
Donor anonymity was the main feature of the scheme, which has been criticised
for long by transparency activists. These bonds constituted an important means
of funding political parties since 2018. The court found that the scheme
violated the citizens’ right to information about the sources of finances
raised by political parties. It directed the full disclosure of all details of
contributors, recipient parties and denominations.
Consider the following :
1)An
electoral bond is in the nature of a promissory note which shall be a bearer
banking instrument that does not carry the name of the buyer or payee. Any
citizen or company could buy these bonds in denominations of ₹1,000, ₹10,000,
₹1 lakh, ₹10 lakh, and ₹1 crore and donate it to a political party. It can be
encashed only through a bank account with an authorised bank. The State Bank of
India was the bank authorised to issue and encash these bonds.
2)Section
13A of the Income Tax Act earlier said political parties must maintain a record
of contributions above ₹20,000. The Finance Act 2017 amended this to make an
exception for contributions through electoral bonds. As a result, parties were
not required to maintain any record of what they received through the bonds.
3)Section
29C of the Representation of the People Act (RPA), 1951, earlier said parties
should prepare a report on contributions in excess of ₹20,000 from any person
or company in a financial year. This was amended in 2017 to the effect that
contributions through electoral bonds need not be included in the report. Under
Section 182(3) of the Companies Act, companies were required to disclose
details of contributions to a political party, including the amount and the
party’s name, in its profit-and-loss account. However, after the amendment, it
was only required to reveal the total amount given to parties in a financial
year.
4)The
government’s main points in defence of the scheme was that it allowed any
person to transfer funds to political parties of their choice through
legitimate banking channels and helped prevent unregulated contributions
through cash. The confidentiality assured to the donors is beneficial to them
as it promotes contribution and clean money to political parties. The use of
banking channels will curb the role of black money in election funding and
anonymity ensures that the donors do not fear retribution or coercion from
parties to which they have not contributed. In an interesting argument, the
government claimed that citizens did not have a general right to know the
funding of political parties. The right to know was not general in nature, but
one evolved by courts for the specific purpose of enabling the voter’s choice
of electing clean candidates.
5)In
past judgments, the apex court has held that voters have a right to information
that is essential for them to exercise their freedom to vote. The court,
therefore, held that information about funding to a political party is
essential for a voter to express the freedom to vote in an effective manner.
The Electoral Bond Scheme, to the extent that it infringes on this right to
information by anonymising contributions through bonds, violates Article
19(1)(a), which pertains to freedom of expression.
6)As
far as the purpose of curbing black money was concerned, the court applied a
proportionality test, viz., whether the abridging of the voters’ right to know
through donor anonymity was achieved through the least restrictive means. It
said alternatives such as funding through electronic transfer (for small
contributions) and donations to an Electoral Trust (for larger amounts) were
available. As the government was unable to establish that the scheme is the
least restrictive means to balance the right of “informational privacy” to
contributors and the right to information on political contributions, the
amendments to IT Act and RPA were unconstitutional.
7)On
the changes to the Companies Act, it ruled that the deletion of the disclosure
requirement on details of contributions violated the voter’s right to
information. Also, the scheme allowed both profit-making and loss-making
companies to make political contributions. Earlier, companies could only donate
a percentage of their net profit. As the harm in the form of quid pro quo is
much higher in the case of loss-making companies, the amendment was ruled
manifestly arbitrary.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7
Ans : d
===========================================================
18)Consider the following :
1)The
Supreme Court, in back-to-back decisions in the electoral bonds and Chandigarh
mayoral polls cases, has upheld the cause of “purity of elections” and the
central role of the “little man” in participatory democracy.
2)A
Constitution Bench headed by Chief Justice of India held that political funding through electoral
bonds tilts the playing field insurmountably in favour of deep-pocketed
corporations over the “student or teacher or artist or the office goer” who
make small contributions to support a party, which may not necessarily be in
power.
3)“Lobbying
and capture give undue importance to big donors and certain interest groups, at
the expense of the ordinary citizen, violating the right of equal participation
of each citizen in the polity,” the Chief Justice observed.
4)The
court said electoral bonds work to strengthen the deep nexus between money and
politics in India. The scheme allowed a rich donor to not only influence
electoral outcomes but also government policy as part of a quid pro quo
arrangement between the contributor and the political party.
5)The
court held that the right to information of a voter about political fundings
was superior to the right to privacy of political affiliations in some cases.
6)“Right
to privacy of political affiliations does not extend to contributions which may
be made to influence policies. It only extends to contributions made as a
genuine form of political support that the disclosure of such information would
indicate their political affiliation and curb various forms of political
expression and association,” the Constitution Bench distinguished.
7)In
the Chandigarh mayoral polls, a three-judge Bench also headed by the Chief
Justice held that free and fair elections were a part of the basic structure of
the Constitution.
8)The
court said the process of citizens electing councillors, who in turn, elect the
Mayor, serves as a channel for ordinary citizens to ventilate their grievances
through their representatives — both directly and indirectly elected.
8)“Ensuring
a free and fair electoral process throughout the electoral process is
imperative to maintain the legitimacy of and trust in representative
democracy,” the apex court underscored.
9)The
court initiated criminal proceedings against the Returning Officer of mayoral
polls for tampering with the ballots and declared the Aam Aadmi Party candidate
as the new Mayor. The apex court quoted Justice V.R. Krishna Iyer’s words
in Mohinder Singh Gill v. Chief Election Commissioner that the
“little, large Indian shall not be hijacked from the course of free and fair
elections by mob muscle or subtle perversion”.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9
Ans : d
===========================================================================
19)Consider
the following :
1)The
Union government on February 21,2024 modified the Surrogacy (Regulation) Rules,
2022, to permit married couples to use donor eggs or donor sperm for surrogacy
— a move that provided a big relief to those with medical complications. This
revoked a previous amendment made in March 2023 that banned the use of such
donor gametes. The modification in the surrogacy rules came more than a month
after Additional Solicitor General Aishwarya Bhati apprised the Supreme Court
that the government was considering changes in the amendment brought in last
year to allow married couples to use donor gametes for surrogacy in case they
suffered from medical ailments that made it difficult to conceive.
2)On
March 14 2023, Form 2 (Consent of the Surrogate Mother and Agreement for
Surrogacy) of the Surrogacy Rules read with Rule 7 was amended to stipulate
that donor eggs could not be used for gestational surrogacy of an intending
couple. This has now been amended by a notification of the Ministry of Health
and Family Welfare allowing married couples to use a donor gamete on the
condition that a District Magistrate Board certifies that either the husband or
the wife suffers from a medical condition. However, the notification outlines
that the child to be born through surrogacy must have at least one gamete from
the intending parents. This implies that a married couple where both partners
are unable to use their gametes due to an existing medical condition cannot opt
for surrogacy. The change is however not applicable to widowed or divorced
women. The modified rules state — “Single woman (widow or divorcee) undergoing
surrogacy must use self-eggs and donor sperms to avail surrogacy procedure.”
3)Last
year, the 2023 amendment was challenged before the Supreme Court by a woman
suffering from the Mayer-Rokitansky-Kuster-Hauser (MRKH) Syndrome. Medical
board records reflected she was unable to produce her eggs due to absent
ovaries or a uterus. The petition contended that the amendment violated a
woman’s right to parenthood and contradicted Sections 2(r) and 4 of the
Surrogacy Act, 2021 (2021 Act) which recognised the situation when a medical
condition would require a couple to opt for gestational surrogacy to become
parents. It was also pointed out that the petitioner had begun the surrogacy
process months before the amendment, which cannot be implemented
retrospectively. The Centre, on the contrary, argued that the use of donor eggs
was exempted since surrogacy cannot be availed of under existing laws unless
the child is “genetically related” to the intending couple.
4)Staying
the operation of the law, a bench of Justices B.V. Nagarathna and Ujjal Bhuyan
highlighted that it prevents intending couples from achieving parenthood
through surrogacy which is prima facie contrary to the
objective of the parent law — the 2021 Act. The court also recognised that the
law permitting gestational surrogacy was “woman-centric” as it was a woman’s
choice to have a surrogate child owing to existing medical or congenital
conditions. Such conditions included the “absence of a uterus or repeatedly
failed pregnancies, multiple pregnancies or an illness which makes it
impossible for her to carry a pregnancy to term or would make the pregnancy
life-threatening”. Agreeing with the petitioner’s submissions, the court
acknowledged that Rule 14(a) specifically recognises the absence of a uterus or
any allied condition as a medical indication necessitating gestational
surrogacy. While addressing the government’s contentions, the Bench underscored
— “In this regard, it may be noted that the expression ‘genetically’ related to
the intending couple has to be read as being related to the husband when Rule
14(a) applies”.
5)
Later, the Centre informed a bench of Justices
that following its observations, the amendment barring married couples
from availing donor gametes was under active reconsideration.
6)The
regulatory change is however not applicable for single women as it specifies
that a widow or a divorcee undergoing surrogacy must use self-eggs and donor
sperm. This comes even after questions are being raised in Indian courts over
the exclusion of single women from using surrogacy to have children and the
resultant discrimination. A petition has been filed in the Delhi High Court by
a 44-year-old unmarried woman challenging provisions of the 2021 Act on the
ground that the restrictions are violative of her fundamental rights under
Articles 14 (right to equality) and 21 (right to life) of the Constitution.
Questioning the association of marital status with the eligibility for
surrogacy, the petitioner has pointed out that at her age, the use of donor
eggs is recommended by medical practitioners. To be genetically connected, the
petitioner’s brother has consented to donate his male gametes, the court was
told. Experts have also criticised the restrictions on access to surrogacy by
single persons, live-in couples, and LGBTQ couples.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6
Ans : d
=========================================================================
Dt: 25.2.2024
20)Consider the following about Purple Fest :
1)The ‘Purple Fest’
will have fully inclusive and interactive stalls of organizations working in
the field of accessibility, inclusion and disability rights. The key activities
at ‘Purple Fest’ will be Amrit Udyaan visit, Know your disabilities, Purple
Cafe, Purple Kaleidoscope, Purple Live Experience Zone, Purple Sports etc.
2)Beyond the
festivities, visitors are also invited to embark on a journey of discovery
through the Rashtrapati Bhavan museum, enriching their minds while embracing
the ethos of inclusivity.
3)This fest is a
platform for everyone to showcase their ideas and insights for curating a more
inclusive and accessible society. This Fest aims of raising awareness about
different disabilities and their impact on peoples live and also challenges
the misconception prejudices, stigma and stereotypes revolving around
disabilities and to promote understanding, acceptance and inclusion of persons
with disabilities within society.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3
Ans : d
=======================================================================
Dt.28.2.2024
21)Consider the following
about LokPal :
1)Former
Supreme Court judge A.M. Khanwilkar was appointed as the Chairperson of the
anti-corruption ombudsman Lokpal , nearly two years after the post fell vacant.
2)The
Lokpal has been working without its regular chief after Justice Pinaki Chandra
Ghose completed his term on May 27, 2022.
3)Justice
Pradip Kumar Mohanty, a judicial member of the Lokpal, is currently the Acting
Chairperson.
4)Justice
Khanwilkar retired from the Supreme Court in July 2022.
5)A
communique issued by the Rashtrapati Bhavan said that retired Justices Lingappa
Narayana Swamy, Sanjay Yadav and Ritu Raj Awasthi have been appointed as
judicial members of the anti-corruption ombudsman.
6)Sushil
Chandra, Pankaj Kumar and Ajay Tirkey will be non-judicial members, the
communique said. These appointments will take effect from the dates they assume
charge of their respective offices, it added.
7)Apart
from a Chairperson, the Lokpal can have eight members, four judicial and four
non-judicial.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7
Ans : d
===========================================================================
Dt:1.3.2024
22)Consider the following about Himachal Pradesh MLAs disqualification:
1)Amid
the ongoing political turmoil in Himachal Pradesh, six Congress legislators,
who had cross-voted in favour of the BJP in the Rajya Sabha elections in
February, 2024 were disqualified from the Assembly by Speaker Kuldeep Singh
Pathania
2)The
ground for disqualification, however, was their absence from the Assembly when
the State Budget and the Finance Bill were being put to vote, defying a party
whip to vote in favour of the government.
3)The
disqualified MLAs were: Rajinder Rana, Sudhir Sharma, Inder Dutt Lakhanpal,
Devinder Kumar Bhutoo, Ravi Thakur and Chetanya Sharma. By evening, the
information about their seats lying vacant was put up on the Assembly’s
website.
4)Mr.
Rana, a three-term MLA, said they would move the Supreme Court against the
disqualification as many of his colleagues did not even get a proper notice
from the Speaker’s office.
5)The
motion for disqualification was moved by State Parliamentary Affairs Minister
Harshwardhan.
6)A
team of All India Congress Committee (AICC) observers — Bhupinder Singh Hooda,
Bhupesh Baghel and D.K. Shivakumar — told the media in Shimla that Chief
Minister Sukhvinder Singh Sukhu had taken responsibility for Abhishek Singhvi’s
defeat in the Rajya Sabha elections. Asserting that the Congress government
would complete its term of five years, the AICC observers announced that a
six-member coordination committee would be set up to sort out internal
differences.
7)Amid
talk of leadership change because of growing complaints from MLAs against Mr.
Sukhu’s style of functioning, the Chief Minister on Thursday invited party
legislators for a breakfast meeting at his official residence.
8)“The
Congress government is there and Mr. Sukhu is the Chief Minister. All the MLAs
want the Congress government for five years,” Mr. Shivakumar said, when asked
if the party would replace the Chief Minister after the Rajya Sabha fiasco.
9)Sources
told that Mr. Sukhu, who had called himself a yodha (warrior),
clearly conveyed to the team of AICC observers that he had the backing of at
least 10-12 MLAs and changing him before the Congress takes a vote of
confidence would be detrimental to the party’s interest.
10)The
Chief Minister’s response is part of a pushback from him after he was blamed
for the Rajya Sabha debacle. Sources said Mr. Sukhu had recently met Rahul
Gandhi during the Bharat Jodo Nyay Yatra in Uttar Pradesh.
11)The
State was pushed into political turmoil on Tuesday (27.2.2024), when Mr.
Singhvi, the ruling Congress party’s nominee for the State’s sole Rajya Sabha
seat, lost the election to the BJP’s Harsh Mahajan after six Congress MLAs
voted in favour of Mr. Mahajan, threatening the survival of their own
government.
12)Sensing
the collapse of the government, the Congress high command rushed the three
observers while party general secretary Priyanka Vadra also worked behind the
scenes. Her message was to take everyone along but come down hard on
indiscipline.
13)Mr.
Shivakumar said that the central observers had spoken to Mr. Sukhu, party MLAs
and State unit chief Pratibha Singh individually and all differences had been
ironed out. “All the MLAs have assured and taken an oath to work together to
save the party and the government,” he said.
14)However,
many believe that the Congress has merely deferred its problems. If there is no
stay on the disqualification by a court, under Section 151A of the
Representation of the People Act, 1951, the Election Commission is
duty-bound to conduct bypolls to Assembly constituencies of Dharamshala,
Lahul-Spiti, Sujanpur, Barsar, Kutlehar and Gagret within six months. “With the
disqualification, the Congress government has put itself in an uncomfortable
zone. Whenever the Assembly by-polls are held, which could be along with the
Lok Sabha polls as well, the Congress would have to put its best foot forward
to win the seats again, which could become a difficult task amid the ongoing
display of factionalism,” said a party leader, who requested anonymity.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13,14
Ans : d
===========================================================
23)Consider the
following :
1)A tripartite
agreement was signed in presence of Union Home Minister and Minister of
Cooperation Shri Amit Shah, between Government of India, Government of Tripura
and The Indigenous Progressive Regional Alliance/TIPRA, popularly known as
Tripra Motha and other stakeholders, in New Delhi 2.3.2024
2)Union Home
Minister said that Tripura government has always made several efforts for this.
He said that in realising Prime Minister Shri Narendra Modi’s dream of a Viksit
Bharat, Tripura will also be committed to make its contribution and also have
its share and will move forward as a Viksit Tripura. The Home Minister said
that under the leadership of Prime Minister Modi, Ministry of Home Affairs has
made efforts to give shape to vision of an insurgency-free, dispute-free and
violence-free Northeast. He noted that due to several agreements by Modi
Government, around 10 thousand people have given up arms and joined mainstream,
which has resulted in creation of an environment of development
3)Shri Amit
Shah said that be it Bru-Reang agreement or border agreement, it all started
with Tripura and today again it is an agreement for Tripura. He said that in
2019 NLFT (SD) agreement, in 2020 Bru and Bodo agreements, in 2021
Karbi-Anglong agreement, in 2022 Tribal agreement and Assam-Meghalaya border
agreement, in 2023 Assam-Arunachal Pradesh border agreement, Dimasa agreement
UNLF and then ULFA agreement have taken place. He said that Modi government has
worked to end struggle of people by talking to them through 11 different
agreements related to borders, identity, language and culture. Shri Shah said
that with today’s agreement, Tripura has moved forward to become a dispute-free
Tripura. He said that now you do not have to struggle for your rights and the
Government of India will come forward to develop a system which will protect
rights of all.
4)Under the pact, it
was agreed to amicably resolve all issues of indigenous people of Tripura
relating to history, land and political rights, economic development, identity,
culture and language. Along with this, it was agreed to constitute a Joint
Working Group/Committee to work out and implement the mutually agreed points on
all the above mentioned issues in a time-bound manner to ensure an honourable
solution. In order to maintain a conducive atmosphere for implementation of the
pact, all stakeholders shall refrain from resorting to any form of
protest/agitation, starting from the day of signing of the agreement.
5)On behalf of TIPRA,
the agreement was signed by Shri Pradyot Debbarma, Founder TIPRA and others.
Prof. (Dr.) Manik Saha, Chief Minister, Tripura and several senior officials of
Ministry of Home Affairs, GoI and the Government of Tripura were also present
during the signing of the agreement.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3,4,5
Ans : d
--------------------------------------------------------------------------------------------------------------------
Dt. 5.3.2024
24)Consider the following
about taking money to
vote in Legislature:
1)A
seven-judge Bench of the Supreme Court declared that parliamentary privilege or
immunity will not protect legislators who take bribes to vote or speak in
Parliament or State Legislative Assemblies from criminal prosecution.
2)“Privileges
and immunities are not gateways to claim exemptions from the general law of the
land... Corruption and bribery of members of the legislature erode the
foundation of Indian parliamentary democracy,” the Supreme Court observed.
3)The
unanimous verdict authored by Chief Justice of India overruled a 25-year-old
majority view of the Supreme Court, laid down in the JMM bribery case judgment
of 1998, that lawmakers who took bribes were immune from prosecution for
corruption if they go ahead and vote or speak in the House as agreed.
4)The
seven-judge Bench said the majority on the five-judge Bench in the JMM bribery
case had erred. The court did not want to perpetuate the grave error.
Representative democracy was at stake. Chief Justice Chandrachud clarified that
the offence of bribery was complete the moment the corruption money was
accepted.
5)“The
legislator will face criminal prosecution whether or not he makes a speech or
votes in favour of the bribe-giver. The offence of bribery is complete on the
acceptance of the money or on the agreement to accept money being concluded,”
Chief Justice observed.
6)The
Constitution Bench dismissed notions that whittling down parliamentary immunity
would expose a vote or a speech made by Opposition lawmakers in the House to
criminal investigation and thus enhance the possibility of abuse of the law by
political parties in power.
7)Bribed
lawmakers, the court said, were destructive to the “aspirational and
deliberative ideals of the Constitution and create a polity which deprives
citizens of a responsible, responsive and representative democracy”.
8)Chief
Justice reasoned that the freedom of
speech and expression, which include voting in the House, and attendant
immunities granted to legislators under Articles 105 and 194 did not extend to
giving or taking bribes.
9)The
judgment said parliamentary immunity would kick in only if a legislator acts in
furtherance of “fertilising a deliberate, critical and responsive democracy”.
10)The
shield of immunity or parliamentary privilege could be claimed in two
circumstances. One, if the actions of a legislator were meant to enhance the
dignity and authority of the House and its members as a collective body and,
secondly, if they were in the exercise of his rights to free speech, protest
and freedom from arrest, among others. A claim for immunity would not survive
if it failed this two-fold test, the court said.
11)“An
interpretation which enables an MP to claim immunity from prosecution for an
offence of bribery would place them above the law. This would be repugnant to
the healthy functioning of parliamentary democracy and subversive of the rule
of law,” Chief Justice Chandrachud observed.
12)Criminal
courts and Houses of the legislature have parallel jurisdiction over
allegations of bribery. One cannot negate the jurisdiction of the other. “The
jurisdiction exercised by a competent court to prosecute a criminal offence and
the authority of the House to take action for a breach of discipline in
relation to the acceptance of a bribe by a member of the legislature exist in
distinct spheres,” Chief Justice Chandrachud laid down.
13)The
reference came in an appeal filed by JMM leader Sita Soren, who was accused of
taking a bribe to vote for a particular candidate in the Rajya Sabha elections
of 2012.
14)Though
she later denied culpability on the ground that she voted for the official
nominee of her own party, the CBI had filed a chargesheet in the case. The
Jharkhand High Court had refused to quash the chargesheet, following which she
had moved the apex court.
Which of the following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13,14
Ans : d
====================================
===========================================================================
Dt: 1.3.2024
25)Consider the following about Himachal Pradesh MLAs disqualification ?
1)Amid
the ongoing political turmoil in Himachal Pradesh, six Congress legislators,
who had cross-voted in favour of the BJP in the Rajya Sabha elections in
February 2024 were disqualified from the Assembly by Speaker Kuldeep Singh
Pathania.
2)The
ground for disqualification, however, was their absence from the Assembly when
the State Budget and the Finance Bill were being put to vote, defying a party
whip to vote in favour of the government.
3)The
disqualified MLAs were: Rajinder Rana, Sudhir Sharma, Inder Dutt Lakhanpal,
Devinder Kumar Bhutoo, Ravi Thakur and Chetanya Sharma. By evening, the
information about their seats lying vacant was put up on the Assembly’s
website.
4)Mr.
Rana, a three-term MLA, said they would move the Supreme Court against the
disqualification as many of his colleagues did not even get a proper notice
from the Speaker’s office.
5)The
motion for disqualification was moved by State Parliamentary Affairs Minister
Harshwardhan.
6)A
team of All India Congress Committee (AICC) observers — Bhupinder Singh Hooda,
Bhupesh Baghel and D.K. Shivakumar — told the media in Shimla that Chief
Minister Sukhvinder Singh Sukhu had taken responsibility for Abhishek Singhvi’s
defeat in the Rajya Sabha elections. Asserting that the Congress government would
complete its term of five years, the AICC observers announced that a six-member
coordination committee would be set up to sort out internal differences.
7)Amid
talk of leadership change because of growing complaints from MLAs against Mr.
Sukhu’s style of functioning, the Chief Minister on Thursday invited party
legislators for a breakfast meeting at his official residence.
8)“The
Congress government is there and Mr. Sukhu is the Chief Minister. All the MLAs
want the Congress government for five years,” Mr. Shivakumar said, when asked
if the party would replace the Chief Minister after the Rajya Sabha fiasco.
9)Sources
told that Mr. Sukhu, who had called himself a yodha (warrior),
clearly conveyed to the team of AICC observers that he had the backing of at least
10-12 MLAs and changing him before the Congress takes a vote of confidence
would be detrimental to the party’s interest.
10)The
Chief Minister’s response is part of a pushback from him after he was blamed
for the Rajya Sabha debacle. Sources said Mr. Sukhu had recently met Rahul
Gandhi during the Bharat Jodo Nyay Yatra in Uttar Pradesh.
11)The
State was pushed into political turmoil (27.2.2024), when Mr. Singhvi, the ruling
Congress party’s nominee for the State’s sole Rajya Sabha seat, lost the election
to the BJP’s Harsh Mahajan after six Congress MLAs voted in favour of Mr.
Mahajan, threatening the survival of their own government.
12)Sensing
the collapse of the government, the Congress high command rushed the three
observers while party general secretary Priyanka Vadra also worked behind the
scenes. Her message was to take everyone along but come down hard on
indiscipline.
13)Mr.
Shivakumar said that the central observers had spoken to Mr. Sukhu, party MLAs
and State unit chief Pratibha Singh individually and all differences had been
ironed out. “All the MLAs have assured and taken an oath to work together to
save the party and the government,” he said.
14)However,
many believe that the Congress has merely deferred its problems. If there is no
stay on the disqualification by a court, under Section 151A of the
Representation of the People Act, 1951, the Election Commission is
duty-bound to conduct bypolls to Assembly constituencies of Dharamshala,
Lahul-Spiti, Sujanpur, Barsar, Kutlehar and Gagret within six months. “With the
disqualification, the Congress government has put itself in an uncomfortable
zone. Whenever the Assembly by-polls are held, which could be along with the
Lok Sabha polls as well, the Congress would have to put its best foot forward
to win the seats again, which could become a difficult task amid the ongoing
display of factionalism,” said a party leader
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13,14
Ans : d
===========================================================
Question: Article 370 abrogation and expression of protest
26)Consider the following
:
1)The Supreme Court in
March 2024 quashed an FIR accusing a college professor in Maharashtra of spreading
enmity and disharmony by terming the day of revocation of special status of
Jammu and Kashmir under Article 370 a “black day” and wishing “happy
independence” to the people of Pakistan on a WhatsApp group of faculty and
parents.
2)“Describing the day the
abrogation happened as a ‘Black Day’ is an expression of protest and anguish. The right to dissent in a lawful manner must
be treated as a part of the right to lead a dignified and meaningful life
guaranteed by Article 21,” Justice A.S. Oka,
heading a Division Bench, observed.
3)Justice Oka said a
“simple protest” registered by Professor Javed Ahmed Hajam against the decision
to revoke Article 370 cannot be used to lodge a case under Section 153A
(promoting enmity among different classes of people) of the Indian Penal Code.
4)To invoke Section 153A,
he said, there should have been an intention to promote feelings of enmity or
hatred among different classes of people. The provision should not be used to
silence dissent, it noted.
5)“The Constitution guarantees
freedom of speech and expression. Every citizen has the right to offer
criticism of the action of abrogation of Article 370 or, for that matter, every
decision of the state,” he asserted.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3,4,5
Ans : d
-----------------------------------------------------------------
Question : Pahari
27)Consider the following about Constitution (Jammu and Kashmir) Scheduled Tribes Order
(Amendment) Bill, 2024 :
1)Prime
Minister visited Kashmir in March — for the first time since his government
revoked Article 370 in 2019 — two weeks after his visit to Jammu, where he
announced a slew of development projects, distributed letters of appointment to
1,500 new government recruits, opened an IIT campus and inaugurated the
erstwhile State’s first electric train. In Srinagar, he is to address a public
meeting, and considering that elections are to be held soon, he is certain to
make more announcements. But as far as the Bharatiya Janata Party (BJP) is
concerned, two moves by the government in Jammu & Kashmir (J&K) — one
last month, and another in 2022 — have already paved the way for what it hopes
will be its first ever Lok Sabha seat in the Kashmir Valley. That seat is
Anantnag constituency in south Kashmir.
2)On
February 6,2024 the Lok Sabha passed the Constitution (Jammu and Kashmir)
Scheduled Tribes Order (Amendment) Bill, 2024. It was passed in the Rajya Sabha
three days later.
3)The
amendment expands the list of the State’s Scheduled Tribes (ST) to add four
groups to the existing 12: Pahari, Gadda Brahmin, Koli and Paddari. Of the
other groups in the category, first drawn up in J&K in 1991, the Muslim
community of Gujjar-Bakerwal were the most dominant.
4)Their
protests that Paharis cannot be considered a tribe, but are a linguistic
category encompassing several Hindu and Muslim castes, and include
forward/upper castes, Other Backward Classes and Scheduled Castes (SC), were to
no avail.
5)The
Gujjars argued that Paharis were socially, economically and educationally
advanced, and well represented politically. They were also beneficiaries under
three separate existing quotas in government employment and education — for
people living near the Line of Control (LoC), for people living in backward and
remote areas, and a 4% quota in government jobs, carved out specifically for
Paharis in 2020.
6)The
Paharis had since 1989 sought to be categorised as ST but the demand was
rejected several times, including in 2014, when the Omar Abdullah government
recommended it. But the BJP warmed up to its potential, and immediately after
the revocation of Article 370 in 2019, began the prep work for it. The jobs
quota for Paharis was announced within six months. In 2020, it also set up the
Jammu & Kashmir Socially and Educationally Backward Classes Commission,
which was headed by a retired judge, Justice G.D. Sharma.
7)The
panel’s recommendation for inclusion of Paharis as ST was reportedly made just
before Union Home Minister Amit Shah’s public rally in October 2022, at Rajouri
and Poonch, on his first visit to J&K after the changes in August 2019. As
word spread, thousands of Paharis attended the meeting, where Mr. Shah assured
the community that it would be included as an ST soon. A month later, the
National Commission for Scheduled Tribes signed off on the recommendation.
8)The
government introduced the Bill last August, but put off enacting it during the
winter 2023 session due to large-scale protests by Gujjars. This time, the
matter was not listed until the morning of the day it was taken up. The
government was prepared for any outbreak of Gujjar protests, and prevented
mobilisation, including by swiftly suspending Internet services in
Rajouri-Poonch, the two Jammu districts where both communities are most
numerous.
9)The
other step came via the J&K Delimitation Commission, whose recommendations
the government accepted in May 2022, months before the G.D. Sharma panel made
its recommendations.
10)The
Commission redrew the Union Territory’s electoral map, carving out seven new
Assembly constituencies — six in Jammu and one in Kashmir — taking the total to
90. (The pre-2019 J&K had 87 seats for the Indian side of the LoC, out of
which four were in Ladakh). Nine seats were reserved for STs, the first time
political reservation was extended to this category in J&K. As per Census
2011, the tribal population is 15 lakh (this included Ladakh).
11)Of
the nine reserved ST seats, five are in Rajouri-Poonch, where, until February
this year, the Gujjars were the predominant ST. The reserved seats were
welcomed by the community as a long-awaited reward for its “loyalty” to India.
But the joy was short-lived. As Paharis celebrated Mr. Shah’s assurance five
months later by lighting lamps and beating drums, the Gujjars read the writing
on the wall.
12)Those
identifying as Pahari-speakers constitute 7% of the total J&K population,
that is about 9.7 lakh, according to the language/mother tongue data published
in 2018 by the Census based on the 2011 enumeration. Gujjars, who speak Gujjari
or Gojri, are 11.35 lakh.
13)In
Rajouri, the 2011 Census identified a ST population of 22,9692. As Gujjars were
the only ST in the district at the time, this can be taken as the number of
Gujjars in Rajouri, just over 36% of its total population of 6,42,415. In
Poonch, the corresponding number is 17,1011, or 36.93% of the district’s
population of 47,6835.
14)Everyone
else is counted as Pahari. Without official recognition until now, Paharis were
fragmented by their other identities — Hindus, Muslims, Sikh, SCs, and other
dialect groups (Pahari comprises many dialects).
15)Sliced
by religion, Rajouri was 62% Muslim, while Poonch was 90% Muslim.
16)Now,
the two districts are tribal, and the Paharis are the dominant ST in seven of the
eight Assembly segments in them.
17)The
Delimitation Commission also did one other thing. Apparently to even out the
number of Assembly segments in each parliamentary constituency, it broke
through the natural division created by the Pir Panjal mountain range between
Jammu and Kashmir, removed Poonch and Rajouri from the Jammu Lok Sabha
constituency, and added it to Anantnag in South Kashmir. Further, it took out
the Shopian Assembly constituency (Shopian is also a South Kashmir district),
from the middle of the Anantnag parliamentary constituency, and made it a
non-contiguous part of the Srinagar parliamentary constituency.
18)At
the time, the new Anantnag-Rajouri constituency made little sense — by bringing
together the Muslims of Jammu and Kashmir, it even mirrored the long-rejected
Chenab formula. Given the newly minted tribal identity of the two districts, it
is no longer that puzzling.
19)In
a few weeks time, when elections in J&K’s five parliamentary constituencies
are likely to be held along with the rest of the country, the redrawn
constituency and the amended J&K ST list together represent the BJP’s
long-cherished wish for a toehold in Kashmir.
20)In
2019, the old Anantnag seat was won by the National Conference’s (NC) Hasnain
Masoodi, who defeated Peoples Democratic Party (PDP) leader Mehbooba Mufti.
Since 1999, the constituency has been alternately held by Ms. Mufti and a
different NC candidate each election.
21)The
new Anantnag-Rajouri constituency has about 19 lakh voters. About 10 lakh are
Kashmiri Muslim in the Anantnag part. Voter turnout is usually low due to the
fear of militant attacks or other backlash. In 2019, the Pulwama attack had
cast an additional shadow, and the turnout was 8.76%, a sharp drop from the
28.54% in 2014, the best turnout since 1999. The BJP will hope it stays low and
divided between the regional parties.
22)Anantnag
also has 40,000 Kashmir Pandit migrant voters. For the same security reasons,
their participation is not assured.
23)Pahari
voters number some 4.7 lakh, including some 40,000 on the Anantnag side. The
BJP would hope that this community will set aside its internal religious
divides and turn out in large numbers, especially in the comparatively safer
Rajouri side. Strengthening these hopes, a host of Pahari leaders have recently
quit the NC and joined the BJP.
24)The
Gujjar-Bakerwal voters number over 4 lakh, including more than a lakh in the
Anantnag areas. They were expected to be well disposed to the BJP for giving
the community political reservation, and for extending, after the revocation of
Article 370, the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 to J&K.
25)But
the saffron party cannot take this community’s support for granted any more. It
is not just their embitterment at sharing the 10% ST quota with Paharis. The
Gujjar-Bakerwal’s traditionally good relationship with the Indian Army has
frayed with the spike in terrorist incidents in the Poonch-Rajouri area. The
community is still reeling from the ghastly incident of torture-cum-three
custodial deaths last December. Still, the BJP has not lost all hope, as
evident from its recent addition of the prominent Gujjar leader Haji Mohammed
Hussain from the NC.
26)The
search is now on for the right candidate. The coming days will bring more
clarity on how the BJP will work on its Mission Anantnag, but it is reasonable
to expect the usual combination of saam, daam, dand, bhed.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26
Ans : d
=====================================================
Question: MP
Corruption
28)Consider the following ;
1)A
seven-judge Bench of the Supreme Court on Monday ruled that Members of
Parliament (MPs) and Members of Legislative Assemblies (MLAs) cannot claim
immunity from prosecution for accepting bribes to cast a vote or make a speech
in the House in a particular fashion. Article 105(2) of the Indian Constitution
confers on MPs immunity from prosecution in respect of anything said or any
vote given in Parliament or on any parliamentary committee. Similarly, Article
194(2) grants protection to MLAs.
2)Sita
Soren, a member of the Jharkhand Mukti Morcha (JMM), was accused of accepting a
bribe to cast her vote in favour of a certain candidate in the Rajya Sabha
elections of 2012. Soon a chargesheet was filed against her. In 2014, the Jharkhand
High Court dismissed Ms. Soren’s plea wherein she claimed she enjoyed legal
immunity under Article 194(2). The dismissal in the High Court led to an appeal
being filed in the Supreme Court. On September 20, 2023, a five-judge Bench
headed by CJI Chandrachud while hearing the appeal doubted the correctness of
the majority view in P.V. Narasimha versus State (1998) and
accordingly referred the matter to a seven-judge Bench while underscoring that
it is an “important issue that concerns our polity”.
3)The P.V.
Narasimha Rao ruling involves the 1993 JMM bribery case against former
Union Minister Shibu Soren, the father-in-law of Sita Soren, the petitioner in
the present case. Mr. Soren, along with some of his party members, were accused
of taking bribes to vote against the no-confidence motion against the then P.V.
Narasimha Rao government. While two judges on the Constitution Bench opined
that legislative immunity granted under the Constitution could not be extended
to such cases, the majority of them, while acknowledging the seriousness of the
offence, ruled that "a narrow construction of the constitutional
provisions" may result in the impairment of the guarantee of
“parliamentary participation and debate”.
4)While
elaborating upon the purpose of Articles 105 and 194, the Chief Justice pointed
out that such privileges are guaranteed to sustain an environment in which
debate and deliberation can take place within the legislature. However, such a
purpose is destroyed when a member is induced to vote or speak in a certain
manner following an act of bribery. He also highlighted that the assertion of
any such privilege will be governed by a two-fold test — first, the privilege
claimed has to be tethered to the collective functioning of the House and
second, its necessity must bear a functional relationship to the discharge of
the essential duties of a legislator.
5)“Bribery
is not rendered immune under Article 105(2) and the corresponding provision of
Article 194 because a member engaging in bribery commits a crime which is not
essential to the casting of the vote or the ability to decide on how the vote
should be cast. The same principle applies to bribery in connection with a
speech in the House or a Committee,” the court elucidated.
6)Importantly,
it underscored that the offence of bribery is complete at the point in time
when the legislator accepts the bribe, whether or not it is followed up by
voting or making a speech in the manner wanted by the giver of the bribe.
Equally, the place where the bribe was offered or received did not matter.
Section 7 of the Prevention of Corruption Act strengthens such an
interpretation since it expressly states that the “obtaining, accepting, or
attempting” to obtain an undue advantage shall itself constitute an offence even
if the performance of a public duty by a public servant has not been improper.
7)Additionally,
the petitioners argued that the exercise of the Court’s jurisdiction is
unwarranted since the Parliament also has the power to punish its members for
contempt either by suspending them or sentencing them to a jail term.
Dismissing this, the Court said that parallel jurisdictions can be exercised
since its jurisdiction to prosecute a criminal offence and the authority of the
House to take action for a breach of discipline operate in distinct spheres.
8)“The
potential of misuse against individual members of the legislature is neither
enhanced nor diminished by recognising the jurisdiction of the Court to
prosecute a member of the legislature who is alleged to have indulged in an act
of bribery,” it reasoned.
9)The
Court also clarified that the principles enunciated by the verdict regarding
legislative privileges will apply equally to Rajya Sabha elections and
appointments of the President and Vice-President of the country. Accordingly,
it overruled the observations in Kuldip Nayar versus Union of
India (2006), which held that elections to the Rajya Sabha are not
proceedings of the legislature but a mere exercise of franchise and therefore
fall outside the ambit of parliamentary privileges under Article 194.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3,4,5,6,7,8,9
Ans : d
================================
Question : MTP in France and in India
29)Consider the following :
1)In a global first, France inscribed the guaranteed right to
abortion in its constitution on March 8,2024 sending a powerful message of solidarity with
women’s rights on International Women’s Day.
2)Justice Minister Eric Dupond-Moretti used a 19th-century
printing press to seal the amendment in France’s constitution at a special
public ceremony. The measure was approved at a joint session of Parliament on
March 4. The move comes after a rollback of abortion rights in the U.S. in
recent times, especially the U.S. Supreme Court’s decision in 2022 to overturn
a 50-year-old ruling in Roe versus Wade.
3)The amendment had already been passed by the National Assembly
in January and by the Senate last week. However, final approval by parliamentarians
at a joint session was needed to effect constitutional change. During the
voting session, out of the 902 legislators, 780 voted in favour of the reform,
72 voted against it and 50 abstained. Abortion, although legal in France since
1975, will now be a “guaranteed freedom” for women. Although rare, amending the
constitution is not without precedent in France. The French constitution has
been modified nearly 25 times since it was adopted in 1958. The last instance
was in 2008 when Parliament was awarded more powers and presidential tenure was
limited to a maximum of two consecutive five-year terms in office.
4)The Bill, introduced last year, amended the 17th paragraph of
Article 34 of the French constitution and stipulates that “the law determines
the conditions by which is exercised the freedom of women to voluntarily
terminate a pregnancy, which is guaranteed.” This means that future governments
will not be able to drastically modify existing laws which permit termination
up to 14 weeks. Indicating how abortion rights have come under the scanner in
many countries across Europe, the introduction to the legislation states,
“Unfortunately, this event is not isolated: in many countries, even in Europe,
there are currents of opinion that seek to hinder at any cost the freedom of
women to terminate their pregnancy if they wish.”
5)France is the only country to currently have such a
specification about abortion, although former Communist-run Yugoslavia’s 1974
constitution said that “a person is free to decide on having children” and that
such a right can only be limited “for the reasons of health protection.” After
its disintegration in the early 1990s, several Balkan states adopted similar
measures without an explicit constitutional guarantee. For instance, Serbia’s
constitution in less specific terms states that “everyone has the right to
decide on childbirth.”
However, some argue that abortion was already constitutionally
protected following a 2001 ruling in which France’s constitutional council
based its approval of abortion on the notion of liberty enshrined in the 1789
Declaration of the Rights of Man, which is technically a part of the
constitution.
6)Unlike in the U.S., the issue of abortion is not highly
divisive across the political spectrum in France. Most French people believe
that abortion is a woman’s right and an essential public health service. A poll
conducted by the French Institute of Public Opinion (IFOP) in 2022 showed that
81% of respondents were in favour of enshrining the right to have an abortion
in the constitution. According to government figures, 2,34,000 abortions were
carried out in France in 2022.
7)The right to abortion has not faced any significant challenges
from political parties in France, including conservatives and the far-right
National Rally party. While some right-wing senators from the Républicains
party voted against the first attempt to change the constitution in October
2022, the stance of major political parties has generally aligned with that of
the French public. Marine Le Pen, leader of the far-right National Rally,
told Reuters earlier that the move
was unnecessary and a political gimmick, although her party would not vote
against it. Critics have however warned that the move is a conscious effort by
French President Emmanuel Macron to appeal to left-leaning figures in his
Renaissance party after controversial pension and immigration reforms.
8)Abortion is currently accessible in more than 40 European
nations, but some countries are seeing increased efforts to limit access to the
procedure. In September 2022, Hungary’s far-right government made it obligatory
for women to listen to the pulse of the foetus, sometimes called the “foetal
heartbeat,” before they can access a safe abortion.
9)Poland, which has some of the most stringent abortion laws in
Europe, allows termination only in the event of rape, incest or a threat to the
mother’s health or life. Restrictions were further tightened in 2020 when the
country’s top court ruled that abortions on the grounds of foetal defects were
unconstitutional.
10)The U.K. permits abortion up to 24 weeks of pregnancy if it
is approved by two doctors. Delayed abortions are allowed only if there exists
a danger to the mother’s life. However, women who undergo abortions after 24
weeks can be prosecuted under the Offences Against the Person Act, 1861. Italy
resisted Vatican pressure and legalised abortion in 1978 by allowing women to
terminate pregnancies up to 12 weeks or later if their health or life was
endangered. However, the law allows medical practitioners to register as
“conscientious objectors,” thereby making access to the procedure extremely
difficult.
11)The French initiative could, however, embolden efforts to add
abortion to the European Charter of Fundamental Rights.
12)India implemented the Medical Termination of Pregnancy (MTP)
Act in 1971 to allow licensed medical professionals to perform abortions under
specific conditions as long as the pregnancy did not exceed 20 weeks. The Act
was further amended in 2021 to permit abortions up to 24 weeks for certain cases.
13)The opinion of only one registered medical practitioner will
be required for the abortion of a foetus up to 20 weeks of gestation. If a
pregnancy is 20-24 weeks, the right to seek abortion is determined by two
registered medical practitioners but only under certain categories of forced
pregnancies, including statutory rape in case of minors or sexual assault;
women with disabilities; or when there is a change in the marital status of the
woman during pregnancy. After 24 weeks, the Act requires a State-level medical
board to be set up in “approved facilities”, which may “allow or deny
termination of pregnancy” only if there is substantial foetal abnormality.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13
Ans : d
==========================================================
Dt: 7.3.2024
Question : Reservations in Goa Assembly for STs under
Article 332 of Constitution of India
30)Consider the following :
1)The Union Cabinet chaired by Prime Minister approved the proposal of the
Ministry of Law & Justice for introduction of the Readjustment of
Representation of Scheduled Tribes in Assembly Constituencies of the State of
Goa Bill, 2024 in Parliament.
2)In order to ensure that the Constitutional rights of the Scheduled
Tribes in the State of Goa are safeguarded, it is imperative to enact a law to
provide for enabling provisions empowering the Election Commission to make
amendments in the Delimitation of Parliamentary and Assembly Constituencies
Order, 2008 and readjust the seats in the Legislative Assembly of the State of
Goa for the Scheduled Tribes of the State.
3)The salient features of the proposed Bill are as under:-
(a) It empowers the Census Commissioner to ascertain and determine the
population of the Scheduled Tribes in the State of Goa after taking into
account the population figures of the tribes which have been declared as the
Scheduled Tribes after publication of Census 2001. The Census Commissioner
shall notify varied population figures as ascertained and determined in the
Gazette of India and thereafter, such population figures shall be deemed to be
final figures and supersede all previously published figures for the purpose of
giving proportionate representation to the Scheduled Tribes as provided in
articles 332 of the Constitution;
(b) it empowers the Election Commission to make necessary amendments in
the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 for
the purpose of giving proper representation to the Scheduled Tribes in the
Legislative Assembly of Goa by readjustment of constituencies in the
Legislative Assembly;
(c) the Election Commission shall take into consideration the revised
population figures of the Scheduled Tribes and readjust the Legislative
Assembly constituency having regard to the provisions of articles 170 and
332 of the Constitution and section 8 of the Delimitation Act, 2002;
(d) for the purpose of the readjustment of Legislative Assembly
constituencies, the Election Commission of India shall determine its own
procedure and it will have certain powers of a civil court;
(e) it also empowers the Election Commission of India to publish in the
Gazette the amendments made in the Delimitation Order and dates of its
operation. The amended Delimitation Order shall not affect the constitution of
the existing Legislative Assembly till dissolution;
(f) the proposed Bill also empowers the Election Commission to make
necessary correction of the errors in the said Delimitation Order
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3
Ans : d
==============================================================
Question: CVC
31)Consider the following:
1)The Central
Vigilance Commission Act, 2003, provides for the appointment of a Central
Vigilance Commissioner and two Vigilance Commissioners.
2)The tenure of
the Vigilance Commissioner is of four years or till the incumbent attains the
age of 65 years.
3)The Hon’ble
President of India vide warrant dated 9th February 2024 and by virtue of the
power vested under Section 4 (1) of the Central vigilance Commission Act, 2003
has appointed Shri AS Rajeev as Vigilance Commissioner in the Central Vigilance
Commission
4)Shri AS
Rajeev made and subscribed oath on 11th March 2024 as Vigilance
Commissioner before the Central Vigilance Commissioner, who was authorized by
the President of India in pursuance of the provision contained in Section 5 (3)
of the CVC Act 2003. Shri Arvinda Kumar, Vigilance Commissioner was also
present.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3,4
Ans : d
==================================================
Question: DPDP Act, 2023 August
32)Consider the following :
1)In August 2023, India got its first comprehensive data
protection law, the Digital Personal Data Protection (DPDP) Act, 2023. The government is in the
process of framing rules and regulations to operationalise the law and the
process is expected to be done after the general election. The law is largely
based on users giving consent for the processing of their personal data. It
provides basic rights such as access to and erasure of data, places some
obligations on companies, and establishes a complaints body for grievance
redress. However, the law might have an invisible impact on journalistic free speech.
2)Typically, data protection laws exempt journalistic activities
from privacy obligations such as notifying users and taking their consent
before using their personal data. Three previous drafts of the DPDP Act had
exemptions for journalistic activities, but the final law withdrew such an
exemption. The Editors Guild of India also pointed to this risk and in a letter
to the government, requested that journalistic activities be exempted from the
DPDP Act.
3)Now you may ask, what does privacy have to do with
journalistic free speech? Imagine that you are a journalist writing about a
Member of Parliament (MP) and his performance. For your story, you use
information from their lives such as the meetings they held, where, and with
whom, the towns, villages, and cities they travelled to. How often did they use
a private jet or a chartered plane? What about their financial background and
also the investments made by their close family members? Most of this
information is not available in the public domain and needs a lot of research.
All this information about an MP is their ‘personal data’, which is data
protected under the DPDP Act. Consequently, any journalist who wishes to use
this data will have to get their consent before publishing the story. Even after
publication, the MP can exercise their right to erasure and request journalists
to delete such stories.
4)Further, the DPDP Act empowers the government to call for
information from any data processor in India. Depending on how this provision
is interpreted and applied, this may impact the confidentiality that
journalists must maintain for their sources and research documents. Taken
together, this need for journalists to get consent before publishing their
story, the potential for the subject to rely on the right to erasure to have
the story deleted, and the power of the government to call for information
would likely impede a journalist’s ability to discharge their role as the
fourth estate — of holding the state accountable.
5)If this is a well-identified challenge, then why did the
government remove such an exemption from subsequent drafts? This remains
unclear. Three previous drafts of the DPDP Act, one released by an expert
committee on data protection (2018), the other by the government (2019), and the
third released by a Joint Parliamentary Committee in 2021, contained clear
exemptions for journalistic activities. In two subsequent drafts of the DPDP
Act (2022 and 2023), the exemption given to journalistic activities was
withdrawn without reasons being given.
6)This instance of the end stage removal of the clause for
journalistic exemption points to the need for adopting a more robust and
transparent public consultation process around proposed laws. One of the
primary ways to get feedback on a law is to institute an ‘open and transparent’
public consultation model. Although the Indian government released three
separate drafts of the data protection law for public consultation, none of the
comments received on the drafts has ever been released in the public domain.
This impedes the ability of citizens to understand what different stakeholders
were saying and who was finally heard in the final formulation of the law. The
government has also conducted invite-only town halls to gather feedback on
drafts of the DPDP Act.
7)The withdrawal of exemptions for journalistic activities was
not discussed in such town halls. And, no clarification was provided by the
government for its withdrawal. Unfortunately, these consultations and town
halls are often not conducive to enable open debate and deliberation on the
proposed law and its provisions.
8)Legally then, what are the solutions we can envision? In
addition to enabling an open and transparent consultation process, the
government can swiftly remedy this problem via rules under the DPDP Act. Under
the Act, the central government has the power to exempt any data processor or
‘classes’ of data processors from any provisions of the law. These give wide
powers to the government to single-handedly provide and take away an exemption
— but it is the quickest route available in this case. Although an exemption for
journalistic work should form part of the core text of the law, the government
must use this rule to exempt journalistic entities, including citizen
journalists, from any obligations under the DPDP Act. This will ensure that the
DPDP Act does not have negative consequences on journalistic free speech in
India.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8
Ans : d
=============================
Question: Article 21
Dt: 16.5.2024
33)Consider the
following :
1)The Supreme Court in 2024 said it felt “no hesitation” to
declare the arrest and remand of 74-year-old journalist and online portal NewsClick founder Prabir Purkayastha under the
draconian Unlawful Activities (Prevention) Act (UAPA) by the Delhi Police as
“invalid in the eyes of law”, requiring his release from custody.
2)A Bench of Justices B.R. Gavai and Sandeep Mehta said neither
Mr. Purkayastha nor his counsel was provided the grounds of his arrest in
writing.
3)Mr. Purkayastha, who was accused of using Chinese funding to
promote “anti-national propaganda” through digital media, was arrested by the
Delhi Police Special Cell on October 3, 2023. He was remanded in police custody
the next day. His lawyer was informed of the grounds of arrest on October 5.
4)“The right to be informed about the grounds of arrest flows
from Article 22(1) (an arrested person shall be informed of the grounds of
arrest and allowed to consult a lawyer of his or her choice) of the
Constitution and any infringement of this fundamental right would vitiate the
process of arrest and remand,” Justice Mehta, who authored the judgment, held.
5)The mere fact that a chargesheet was filed in the case would
not validate the illegality committed at the time of arrest, the court said.
6)Quashing the arrest, the court however said its verdict was
not a comment on the merits of the case against Mr. Purkayastha.
7)Justice Mehta said, like arrests, the grounds of detention
should also be communicated in writing to a detainee. Any lapse would be a
violation of Article 22(5) of the Constitution, which mandates that a person
under detention should be communicated the grounds of the detention order and
allowed to make a representation against the detention at the earliest
opportunity.
8)Communication of grounds of arrest or detention in writing by
the investigating agency or police was “sacrosanct and cannot be breached under
any situation”. “Non-compliance of this constitutional requirement and
statutory mandate would lead to the custody or the detention being rendered
illegal,” the Supreme Court declared.
9)Providing arrested persons or their lawyers the written
grounds of arrest was made mandatory under the Prevention of Money Laundering
Act (PMLA) by the top court in its Pankaj Bansal case judgment
in 2023. The court has extended the same rule to UAPA cases through the current
verdict in Mr. Purkayastha’s case.
10)Mr. Purkayastha was arrested by the Delhi Police Special Cell
on October 3, 2023. Mr. Purkayastha’s request to provide him a copy of the FIR
was ignored by the police.
11)He was given a copy only after he was remanded in police
custody by a Sessions Judge at 6 a.m. on October 4, 2023. The senior
journalist’s lawyer, advocate Arshdeep Khurana, was informed about the grounds
of arrest on October 5, that is, 24 hours after his client was remanded in
police custody.
12)In short, the Supreme Court concluded that Mr. Purkayastha
was left heavily handicapped when his personal liberty was hanging by a thread
on October 4 morning.
13)“This entire exercise was done in a clandestine manner and
was nothing but a blatant attempt to circumvent the due process of law; to
confine the accused to police custody without informing him the grounds on
which he has been arrested; deprive the accused of the opportunity to avail
himself of the services of the legal practitioner of his choice so as to oppose
the prayer for police custody remand, seek bail and also to mislead the court,”
Justice Mehta concluded in a scathing judgment.
14)Additional Solicitor General S.V. Raju, for the Delhi Police,
had argued that Mr. Purkayastha was “orally” informed about the grounds of his
arrest.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13,14
Ans : d
=======================================
Question: Article 31 C
Dt: 9.5.2024
34)Consider the following :
1)Two questions of seminal importance are at stake in Property Owners Association vs State of Maharashtra,
in which hearings recently concluded before a nine-judge Bench of the Supreme
Court of India. First, what does the term “material resources of the community”
used in Article 39(b) of the Constitution denote? Second, are laws made in
furtherance of the goal stipulated in Article 39(b) — that is, legislation
aimed at securing ownership of resources and distributing them to best subserve
the common good — immunised from challenges premised on the fundamental rights
to equality and freedom?
2)The second of these questions brings to sharp focus a clash
between Part III of the Constitution, which delineates fundamental rights, and
Part IV, which enumerates a set of “Directive Principles of State Policy”
(DPSP). The Constitution expressly makes fundamental rights enforceable, while
DPSPs are regarded as goals that the state is expected to work towards. The
tension between these parts has simmered through India’s history, reaching
boiling point in the 1970s when the Constitution was routinely amended,
primarily to make certain kinds of legislation exempt from judicial review.
3)The Supreme Court has from time to time attempted to clarify
where the law stands, starting with the verdict of its 13-judge Bench in Kesavananda Bharati vs State of Kerala (1973).
But the conflict has never really gone away. The uneasy relationship between
the two parts has now reared its head again. How the Bench in Property Owners answers the reference made to
it will have a deep bearing on the Constitution’s future course.
4)At its inception, the Constitution’s bare text was clear
enough. Article 13 declared that any law made in breach of a fundamental right
would be void. Article 37, on the other hand, declared that DPSPs will not be
“enforceable in any court”. Yet, it said that its precepts would be treated as
fundamental in the country’s governance and the State would be obliged to apply
them in making laws.
5)The Court in some of its earliest judgments described the
hierarchy. Part III, wrote Chief Justice S.R. Das, in Mohd.
Hanif Quareshi vs State of Bihar (1958), cannot be reduced to
“a mere rope of sand”. He said, “the State should certainly implement the
directive principles, but it must do so in such a way that its laws do not take
away or abridge the fundamental rights”.
6)This balance came unstuck when the Constitution was amended in
1971. Through the 25th amendment, Parliament, in a bid to place some of its
laws beyond judicial review, introduced a new provision, Article 31C. This
provision stipulated that a law giving effect to clauses (b) and (c) of Article
39 — which respectively entreated the state to make legislation towards
securing the material resources of the community and towards implementing an
economic system that does not result in concentration of wealth — could not be
declared void on the ground that it violated the rights conferred by Articles
14 or 19. This meant that the laws so made were exempt from any challenge
on grounds that they contravened the right to equality under Article 14 or one
of the other of the bundle of freedoms contained in Article 19, including the
rights to freedom of expression, and to profession, business, and trade.
7)Consider the consequences: Parliament might believe that the
printing press is a material resource of the community. It might then proceed
to nationalise the media. The measure, it might say, is made with a view to
securing the common good under Article 39(b). As an upshot of the 25th
amendment, this law could neither be challenged on the ground that it did not
subserve the common good nor could it be found void on the ground that it
infringed our right to free speech.
8)Kesavananda alleviated some of these
potentially drastic results. Through a narrow majority of seven to six, with
Justice H.R. Khanna’s controlling opinion tipping the balance, the Court found
that an amendment which offended the Constitution’s basic structure would be
void. Justice Khanna further found that the 25th amendment partially fell afoul
of this theory. He held that to the extent that it forbade any examination on
whether a law made was in furtherance of Articles 39(b) and (c) it transgressed
the principle of judicial review. But he upheld the amendment insofar as it
protected such laws from challenges grounded on Articles 14 and 19. Oddly
though, the six judges who otherwise formed part of the minority, by holding
that Parliament had unlimited power to amend the Constitution, did not engage
in any independent analysis on the 25th amendment. This meant that while a
majority found a part of Article 31C void, Kesavananda offers
no clear verdict on whether the amendment —insofar as it exempts certain laws
from fundamental rights challenges — otherwise breaches the Constitution’s
basic features.
9)Despite this, in 1976, through the 42nd amendment, Parliament
made further changes to Article 31C. These were even more far-reaching. They
stipulated that a law made in furtherance of any DPSP — and not merely a law
made in furtherance of Articles 39(b) and (c) — would enjoy safe harbour.
10)In Minerva Mills vs Union of India (1980),
a five-judge Bench declared the amendment unconstitutional. The Court found
that while DPSPs provided the ends of governance, fundamental rights
constituted the means to such ends. Articles 14, 19 and 21, wrote Chief Justice
Y.V. Chandrachud stood between the “heaven of freedom into which Tagore wanted
his country to awake and the abyss of unrestricted power”. This amendment, he
added, “removed two sides of that golden triangle”.
11)But what is the precise consequence of this ruling? Does
Article 31C now go back to its original form, as contained in the 25th
amendment, sans the portions that were struck down by the majority in Kesavananda? Or is it in a state of suspended
reality, where its validity remains in the balance?
12)The issue is complicated by another judgment delivered by
Justice Y.V. Chandrachud, on behalf of a five-judge Bench in Waman Rao vs Union of India. Here, somewhat at odds
with his own opinion in Minerva Mills, he
held that the unamended Article 31C was valid, because it was impossible to
conceive how a law made in furtherance of Articles 39(b) and (c) could at all
infringe the rights under Articles 14 and 19. This finding is clearly
incorrect. As we saw, a law made to purportedly subserve the common good — for
example, a nationalising of the printing press — can have grave consequences on
our liberty.
13)In Property Owners, the
Court will decide on the validity of a law that allows a State government board
to acquire complete control over dilapidated buildings, if done with the
consent of at least 70% of residents. To resolve this, it will examine whether
the law furthers Article 39(b) under which it is purportedly made. But even
assuming it answers this in the affirmative, the question still remains: can
the statute also be tested on the touchstone of Articles 14 and 19?
14)Regardless of the judgments in Waman
Rao and Sanjeev Coke vs Bharat
Coking Coal (1982), which followed it, to date there is no
conclusive analysis from the Supreme Court on Article 31C, in the form
introduced by the 25th amendment, and its adherence to the Constitution’s basic
structure. This has meant that fundamental rights and DPSPs have been in
perennial conflict. The Court has a chance in Property
Owners to resolve this clash and, in the process, provide a
fillip to the Constitution’s most cherished guarantees.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13,14
Ans : d
=========================
Question: Reservations
within Constitution
Dt: 10.5.2024
35)Consider the following :
1)A political slugfest has emerged over the reservation issues
with the BJP making outlandish remarks about the Congress’ demand for caste
census by linking it to religion. The Opposition, meanwhile, had raised concern
over the BJP’s position on reservation, despite the latter’s explicit denial of
any change in policy.
2)The Constitution aims to secure social justice while
guaranteeing equality as a fundamental right. Articles 15 and 16 guarantee
equality to all citizens in any action by the state (including admissions to
educational institutions) and public employment respectively. To achieve social
justice, they also enable the state to make special provisions for the
advancement of OBC, SC and ST. OBC is a collective term to classify socially
and educationally backward castes. Many States also classify certain castes as
the Most Backward Classes (MBC). The reservation percentages vary from State to
State.
3)In the Indra Sawhney case (1992),
the Supreme Court upheld the 27% reservation for OBC.
4)It opined that caste is a determinant of class in the Indian
context and backwardness cannot be determined solely on economic criteria.
However, to uphold the basic structure of equality, it fixed a cap of 50% for
reservations unless there were exceptional circumstances. The reservation of
OBC (27%), SC (15%) and ST (7.5%) resulted in a total reservation of 49.5%. The
court also provided for excluding the creamy layer from OBC with an income
limit currently at ₹8 lakhs per annum. Children of parents, either of whom
entered the government service (Centre or State) as Group A/Class I officers
and children of parents, both of whom entered as Group B/Class II officers are
also excluded. In the Janhit Abhiyan case (2022),
the court by a majority of 3:2 upheld the constitutional validity of the EWS
reservation. It held that economic criteria could be a basis for reservation.
5)In the U.S., there is ‘affirmative action’ that consists of
government-approved and voluntary private programs granting special
consideration to racial minorities like African-American and Latin-American.
In Fair admissions vs Harvard case (2023),
the U.S. Supreme Court, however, ruled that race-based affirmative action
programs in college admissions violate the equal protection clause of the U.S.
Constitution. In the U.K., the law enables voluntary ‘positive action’ which
allows employers to combat under-representation of disadvantaged groups. France
does not have any affirmative action based on race or ethnicity. It provides
educational measures designed to increase opportunities for low-income
students.
6)The Constituent assembly that framed our Constitution was
against reservation solely based on religion. The Constitution guarantees the
prohibition of discrimination only based on religion under Articles 15 and 16.
The inclusion of all Muslim communities within the OBC quota in Karnataka forms
the basis for the BJP’s campaign at present. However, it is pertinent to note
that sub-categorisation for Muslims within the OBC quota has been present in
Karnataka since 1995. The four per cent sub-categorisation for Muslims
introduced in 1995 by the H. D. Deve Gowda-led government was removed by the
previous government led by Basavaraj Bommai. This was redistributed amongst the
OBC in the Hindu community. However, after observation by the court in the case
challenging this order, the status quo continues.
Muslim and Christian communities who are socially and educationally backward
are provided reservations under the OBC/MBC category. There is also sub-categorisation
within the OBC/MBC quota for Muslim communities in States like Kerala, Tamil
Nadu and Andhra Pradesh. This is because the term used in the Constitution is
‘socially and educationally backward classes’ and could encompass backward
communities from all religions. It is only for being a member of a SC, ‘The
Constitution (Scheduled Castes) order, 1950’ specifies that the person should
profess only Hinduism, Sikhism or Buddhism. There is no such requirement for
being a member of a ST.
8)The Congress, meanwhile, in its manifesto has promised that
they would work towards removing the 50% cap placed on reservations.
9)Reservation is affirmative action meant to balance the
historical discrimination faced by OBC, SC and ST communities. Rohini
Commission was set up to provide recommendations on sub-categorisation amongst
OBC castes. Though the findings of the report are yet to be made public, it has
been estimated that 97% of reserved jobs and seats in educational institutions
have been garnered by just around 25% of the OBC castes/sub-castes at the
central level. Close to 1,000 of around 2,600 communities under the OBC
category had zero representation in jobs and educational institutes. While
sub-categorisation has been implemented in 11 different States, it has not been
carried out at the central level. A similar issue of concentration of
reservation benefits persists in the SC and ST categories. There is no
exclusion based on the ‘creamy layer’ for these communities. The Dalit
Christians and Muslims also suffer from considerable discrimination and lack of
opportunities. The government has constituted a commission headed by former CJI
K. G. Balakrishnan to study the question of extending SC reservation to Dalits
who have converted to religions other than Sikhism and Buddhism.
10)Increasing the reservation limit beyond 50%,
sub-categorisation among reserved categories, introducing appropriate creamy
layers for SC and ST, and extending SC reservations to Dalit Christians and
Muslims are matters that are sensitive with their set of pros and cons. There
must be effort nevertheless to deliberate on these matters and frame suitable
policies such that the benefits of reservation progressively reach the
extremely marginalised sections. The aim should be towards the continuous
pursuit of social justice while maintaining a harmonious balance with equality
guaranteed in the Constitution.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10
Ans : d
=================================
Question: Right to property
36) Consider the following :
1)The Supreme Court took
a significant step to protect private property from arbitrary state takeover
for a “public purpose”, holding that compulsory acquisition without following
mandatory procedures followed by a grant of compensation to the owners will not
make the accession constitutional.
2)The right to property is protected as a constitutional right
and has even been interpreted to be a human right, a Bench of Justices P.S.
Narasimha and Aravind Kumar declared in a judgment.
3)“It is generally assumed that for a valid acquisition, all
that is necessary is to possess the power of eminent domain [power of the
sovereign to acquire property of an individual for public use without consent]
to acquire, followed by grant of reasonable and fair compensation… Compulsory
acquisition will still be unconstitutional if proper procedure is not
established and followed before depriving a person of his/her right to
property,” Justice Narasimha, who authored the verdict, observed.
4)The judgment upheld a Calcutta High Court order rejecting an
appeal filed by the Kolkata Municipal Corporation defending its acquisition of
private land. The court ordered the corporation to pay ₹5 lakh as costs within 60
days.
5)The judgment noted that though the 44th Constitutional
Amendment omitted the right to property as a fundamental right, Article 300A,
which was simultaneously inserted into the Constitution, provided that “no
person shall be deprived of his property, save by authority of law”.
6)A person’s rights, even the history of liberty, have been
safeguarded through the prescription and observance of mandatory procedures and
processes of law. Procedure is an integral part of the “authority of law” in Article
300A. The phrase “authority of law” in the Article should not be understood as
merely the power of eminent domain vested in the state.
7)The requirement of a ‘law’ in Article 300A does not end with
the mere presence of legislation which empowers the state to deprive a person
of his property, Justice Narasimha clarified.
8)The court laid down seven basic procedural rights of private
citizens which constitute the “real content of the right to property under
Article 300A” that the state should respect before depriving them of their
private property. They include the right to notice or the duty of the state to
inform the person that it intends to acquire his property; the right of the
citizen to be heard or the duty of the state to hear the objections to the
acquisition; the right of the citizen to a reasoned decision or the duty of the
state to inform the person of its decision to acquire property; the duty of the
state to demonstrate that the acquisition is exclusively for public purpose;
the right to fair compensation of the citizen; the duty of the state to conduct
the process of acquisition efficiently and within prescribed timelines; and
finally, the conclusion of the proceedings leading to vesting or the right of
conclusion.
9)“The culmination of an acquisition process is not in the
payment of compensation, but also in taking over the actual physical possession
of the land. If possession is not taken, acquisition is not complete,” Justice
Narasimha laid down the law.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9
Ans : d
==================================================
Question: FRA
DT: 12.4.2024
37)Consider
the following :
1)Nearly
a third of land-related conflicts are in Lok Sabha constituencies where the
implementation of the Forest Rights Act
(FRA) is an “important” election issue, says an
analysis by Land Conflict Watch, a comprehensive database of land-related
conflicts in India.
2)Out
of the 781 conflicts in the database, 264 conflicts were mapped to
constituencies where FRA is a key issue. Notably, 117 land conflicts were found
to directly affect forest dwelling communities and involve nearly 2.1 lakh
hectares of land as well as 6.1 lakh people, the analysis released on Friday
noted.
3)Nearly
44% of the 117 conflicts were triggered due to conservation and forestry
projects, such as plantations, and involved forest administration. “This
suggests that the main adversarial party in such conflicts is the Forest
department,” said Anmol Gupta, one of the authors of the report.
4)About
88% of the conflicts involve non-implementation or violation of key provisions
of the FRA. Other major points of conflict are the lack of legal protection
over land rights, forced evictions, dispossession of land. About 110 conflicts
are in constituencies reserved for Scheduled Tribes and 77 in constituencies
reserved for Scheduled Castes.
5)Maharashtra, Odisha and Madhya Pradesh have the highest number
of “core” FRA constituencies, defined as where more than 20% of the resident
electorate are eligible to claim rights available under the FRA.
6)The States with the maximum number of conflicts involving
forest rights issues in FRA-critical constituencies are Odisha, Chhattisgarh
and the union territory of Jammu and Kashmir.
7)The latest estimates from the Centre say that as of February
2024, 2.45 million titles have been accorded to tribal and forest dwellers. Until the same period, five million claims to
title have been received, the Ministry of Tribal Affairs noted, with about 34%
of claims having been rejected.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7
Ans : d
================================================================
Question: Internet freedom
38)Consider the following :
1)For five straight years, India has topped the global list of
countries imposing internet bans, with about 60% of all blackouts recorded in
the world, between 2016 and 2022 having been in India. State imposed shutdowns
in the last decade have cited national security and threats to public order.
However, rights groups have argued that these shutdowns also violate court
directives.
2)The Indian government imposed a total of 780 shutdowns between
January 1, 2014, and December 31, 2023, according to data collected by the
Software Freedom Law Centre (SFLC). Shutdowns flared up during the protests
against the Citizenship Amendment Act in 2019, the abrogation of Article 370 in
2019, and the introduction of Farm Bills in 2020. Internet disruptions in India
accounted for more than 70% of the total loss to the global economy in 2020.
Data shows India shut down the internet for over 7,000 hours in 2023.
3)Indian States and Union Territories can impose an internet
shutdown only in case of a “public emergency” or in the interest of “public
safety”, according to the Indian Telegraph Act. However, the law does not
define what qualifies as an emergency or safety issue. The Supreme Court, in
the landmark Anuradha Bhasin v. Union of India case,
reiterated that internet shutdowns violate fundamental rights to freedom of
expression and shutdowns lasting indefinitely are unconstitutional. Moreover,
Courts have asked governments to make shutdown orders public, a provision
poorly complied with, experts have noted.
4)Regionally, Jammu and Kashmir saw the highest number of
shutdowns — at 433 — in the last 12 years. The longest blackout in 2023 took
place in Manipur from May to December, amid ethnic clashes.
5)As of February 15 this year, internet shutdowns were active in
Haryana amid the farmers’ protests.
6)The Union government invoked powers under a British-era law to
suspend mobile internet as Punjab farmers are holding protests in Delhi.
7)Activists have pointed out that India failed to meet the
‘three-part test’ in imposing blackouts in J&K and Manipur. Under
international law, to block any access to content or invoke coercive measures
that violate people’s fundamental rights, countries should check if the action
is provided for by law; pursues a legitimate aim; and follows standards of
necessity and proportionality. The majority of internet outages in the last
decade were localised to specific districts, cities and villages.
8)The trends differ globally: protests are the most common
reason for internet shutdowns, followed by information control and political
instability.
9)Between 2015 and 2022, more than 55,000 websites were blocked,
according to SFLC data. The biggest share of content censored was done under
section 69A of the IT Act, by the Ministry of Electronics and Information
Technology and the Ministry of Information and Broadcasting. URLs were blocked
due to links to organisations banned under the Unlawful Activities (Prevention)
Act. Recently, the Ministry ordered news outlet The
Caravan to take down a story which alleged abuse, torture, and
murderof civilians by the Indian Army in Jammu’s Poonch district.
10)On social media, almost 30,000 social media URLs (including
accounts and posts) were blocked between 2018 and 2022, with the majority of
requests sent to X.
11)A commonly cited reason for blocking websites is the
escalating threat of cybercrime. As compared to 5,693 cases in 2013, India
recorded more than 65,000 cases last year. Cases have risen by almost 434%
between 2016 and 2022, according to the National Crime Records Bureau.
12)Global Internet freedom has declined for the 13th consecutive
year, and the environment for human rights online has deteriorated in 29
countries, according to the latest Freedom House report. India’s ranking has
hovered around the same benchmark in the last three years. This is a dip from
2016 and 2017, when India scored 59 points, to 50 points in 2023.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12
Ans : d
====================================
Question: CAA Rules
DT: 28.3.2024
39)Consider the following :
1)A local priest may issue an “eligibility certificate” under
the Citizenship Amendment Act (CAA), 2019 to validate the religion of an
applicant, according to a response received through the Union Home
Ministry’s helpline on CAA.
2)The certificate, a mandatory document, is to be enclosed along
with an affidavit and other documents that the applicants are to upload on the
CAA portal. “The reasons for which applicant wishes to acquire Indian
citizenship” must also be stated.
3)On March 11,2024 the Ministry notified the Citizenship
Amendment Rules, 2024, enabling the implementation of the CAA. On March 21, it
launched the helpline number 1032 “for assistance and information” on the CAA,
so that “applicants can make free call from anywhere in India from 8 a.m. to 8
p.m.”
4)The certificate is to be issued by a “locally reputed
community institution”. When called the helpline on March 26 to seek
information on its format, the person attending the call said, “It can be on a
blank sheet of paper or on a judicial paper with a stamp value of ₹10.” When
asked who can issue the certificate, The Hindu was
told that “any local pujari can be
asked to issue it”.
5)When the Rules were notified, the Ministry did not specify the
authority or the body that can issue the certificate. A source said on
Wednesday: “Any institution which has the trust of people can issue the
certificate. The final decision to grant citizenship will be taken by the
empowered committee, the local institution is only recommending that they
belong to a particular faith.”
6)The form says that the person issuing the certificate will
have to specify his/her name and address and confirm that the applicant belongs
to one of the six communities from the three countries and are known to them.
7)They must certify that “to the best of my knowledge and
belief, he/she belongs to Hindu/ Sikh/ Buddhist/Jain/Parsi/Christian community
and continues to be a member of the above mentioned community.”
8)The CAA facilitates citizenship to undocumented people —
belonging to Hindu, Sikh, Buddhist, Parsi, Christian, and Jain communities —
from Pakistan, Bangladesh, and Afghanistan, who entered India on or before
December 31, 2014. It fast tracks the citizenship process by reducing the
eligibility requirement for such applicants to five years of continuous stay in
India instead of the usual 12 years.
9)According to Dharamveer Solanki, 44, around 100 Pakistani
Hindus living in the Majnu ka Tila area of north Delhi have registered on the
portal so far.
10)“Some of us got the eligibility certificate from the Arya
Samaj mandir and some from the Shiv Mandir nearby. We are waiting for the
documents to be processed,” said Mr. Solanki, who came to India with his family
in 2013.
11)According to the CAA Rules, after the documents have been
uploaded, the applications will be sifted by a district-level committee headed
by the Superintendent of the Department of Post.
12)The applicant will have to visit this committee on the
appointed day when the documents will be verified in person. Mr. Solanki said
he was yet to get a call from the committee.
13)The final decision on applications will then be taken by the
empowered committee headed by the Director (Census Operations) in each State.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13
Ans : d
=========================================================================
Dt: 30.3.2024
40)Consider the following about CAA :
1)As
applications start coming in through the online citizenship portal of the
Citizenship (Amendment) Act (CAA), some potential applicants are worried about
their fate if rejected. The law’s Rules, notified earlier this month, are
silent regarding any review process for applications rejected by the empowered
committees which have the final authority to accord citizenship under the Act.
2)Some
potential applicants, including lakhs of people from the Matua community of
West Bengal, entered the country decades ago and have been living as Indian
citizens for many years. However, if their submitted documents now fail the
scrutiny of the empowered committee, or if there is an adverse security
clearance report about them, their applications for Indian citizenship under
the CAA could be rejected.
3)“If
an application is rejected, people may end up in detention centres,” warned
Mamata Bala Thakur, a Trinamool Congress parliamentarian who hails from a Hindu
community that migrated from Bangladesh.
4)The
parent law, the Citizenship Act, 1955, says that the applicant may file a
review application before the Central government within 30 days and “the
decision of the Central government on such review shall be final.”
5)According
to Aman Wadud, an Assam-based lawyer who has worked extensively on citizenship
cases in the State, “the review of the rejection is to be done by the same
authority, the empowered committee (as per Section 15 A of the Act). In case
the review is rejected, a writ petition can be filed before the High Court.”
6)‘The ambiguity around
the rejection of applications poses concerns, particularly for the Matua
community in West Bengal, who stand to benefit from the CAA’s provision of
fast-tracked citizenship.
7)Lakhs
of people belonging to the Scheduled Caste community migrated from Bangladesh
(earlier East Pakistan) before and after the 1971 war with Pakistan. Many came
without any papers but subsequently acquired all documents proving their Indian
citizenship, such as passports and voter identity cards.
8)Ms.
Thakur, a Matua leader nominated to the Rajya Sabha by the Trinamool Congress
in February, said that the Rules were akin to making people slaves. “No one has
applied for CAA here. Even Union Minister Santanu Thakur has not applied yet,
his ancestors are from Bangladesh. If an application is rejected, people may
end up in detention centres,” she said.
9)According
to the Rules, the applicant must declare the country they belong to along with
their “date of entry into India”, and upload on the citizenship portal any of
the nine documents issued by government authorities in Pakistan, Afghanistan,
and Bangladesh to support their claim.
10)This
means that though the CAA was envisaged for undocumented migrants belonging to
the six communities from the three neighbouring countries, the Rules indicate
that documents are essential.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10
Ans : d
=========================================================================
Question : Matter in Supreme Court
41)Consider the following :
1)The
Rules of the Citizenship (Amendment) Act do not require foreign applicants to
effectively renounce the citizenship of their native country, creating a
possibility for dual citizenship which is directly violative of the Citizenship
Act, petitioners have argued in the Supreme Court.
2)Written
submissions filed by the petitioners ahead of the April 9 hearing of their plea
to stay the CAA Rules said that Section 9 of the Citizenship Act of 1955 and
Article 9 of the Constitution both clearly and explicitly prohibit the
acquisition of dual citizenship.
3)The
petitioners, led by the Indian Union Muslim League, represented by senior
advocate Kapil Sibal and advocate Haris Beeran, said that the 2024 Rules are
rife with defects, and have even overlooked the fact that “effective
renunciation of citizenship was an important prerequisite for granting
citizenship in cases where the nationality of another country is clearly
attributable to the applicant”.
4)“Allowing
dual citizenship, one of them being Indian, makes the Rules both “ultra
vires and manifestly arbitrary”, they submitted.
5)The
petitioners noted that a presumption of religious persecution is inherent in
the CAA.
6)The
Union government views the law as a succour for refugees who fled persecution
from the target countries with state religions.
7)But
only a “selected group” of such migrants are eligible for the benefits of CAA,
the petitioners said. Excluded refugee groups continue to remain illegal
migrants, barred from seeking Indian citizenship under any mode.
8)“Even
while including Pakistan in the list of countries, it fails to extend
protection to [the] Ahmadiyya community which is one of the most persecuted
groups in Pakistan. It similarly excludes rationalists, atheists and agnostic
persons who do not profess any religion,” the petitioners submitted.
9)Refugees
from Myanmar are excluded, though the country was a part of British India till
1935 and though the International Court of Justice had found that genocide was
perpetrated there against Muslim Rohingya refugees who are presently, due to
persecution, living in India under abject conditions under threat of
deportation.
10)The
CAA and its Rules exclude Sri Lanka.
11)While
the Statement of Objects and Reasons of CAA mentions ‘Partition’ and ‘undivided
India’ as the reason for the selection of non-Muslims as a protected class of
refugees, the CAA included Afghanistan which was not a part of undivided India,
they said.
12)
“Thus, it is ex facie clear that the foundational claim that
the CAA aims to extend citizenship benefits to persecuted minorities is
fundamentally flawed, and that it fails to as it arbitrarily chooses between
persecuted groups of different kinds. This is not merely an issue of under
inclusion per se. Rather, the exclusions demonstrate the lack of
any rational nexus to the stated object of enacting a refugee policy,” the
written submissions noted.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12
Ans : d
---------------------------------------------------------------------------------------------------------------------
Question: CAA certificates
Dt: 16.5.2024
42)Consider the following :
1)The
Union government (on Wednesday) in May 2024 granted citizenship certificates to
more than 300 people who applied under the Citizenship (Amendment) Act (CAA),
2019, a senior government official said.
2)At
least 14 people were handed their certificates by Union Home Secretary Ajay
Kumar Bhalla in Delhi, the Ministry of Home Affairs (MHA) said in a statement.
3)The
country of origin of the applicants was not disclosed by the government, but a
government source said that most applicants were Pakistani Hindus.
4)The
14 people who received the certificates in Delhi came from Pakistan in 2013.
The source said that as applications were being scrutinised and finalised,
certificates were being sent by post to beneficiaries in other parts of the
country. Most Pakistani Hindus who entered India legally are living in Gujarat,
Chhattisgarh, Rajasthan, Haryana, Punjab, and Delhi.
5)It
was not known how many people from West Bengal, including Matuas and
Namasudras, and those excluded from the National Register of Citizens in Assam,
had applied for citizenship under the CAA.
6)The
citizenship portal requires applicants to declare the country of origin, and
also submit at least one document tracing their roots to Bangladesh, Pakistan
or Afghanistan.
7)Since
the intended beneficiaries in West Bengal entered India without any documents,
they are unable to apply under CAA.
8)Some authorities met the families who were granted citizenship in Delhi.
They said it was the first time since coming to India on a tourist visa in 2013
that they had applied for citizenship.
9)Jhoola
Ram, a resident of Majnu Ka Tila in north Delhi, said that a priest at a nearby
temple had signed the eligibility certificate validating his religion. One of
the documents required to apply under the CAA is an eligibility certificate
issued by a “locally reputed community institution”.
10)Another
applicant, Seetal Das, said that a local NGO working with the Rashtriya
Swayamsevak Sangh (RSS) and Vishwa Hindu Parishad (VHP) had signed the
eligibility certificate. “We will be able to get out of the jhuggi (slum)
now. We have documents. I did not receive proper education, but now, my
children will go to a better school. Citizenship means hope for us…,” Mr. Das
said. He added that citizenship had brought relief because he had been living
with his family in Delhi on a tourist visa.
11)“Getting
extension of tourist visa was another hassle because, who listens to poor
people? It costs ₹2,000-₹4,000 per person,” he added.
12)On
March 11,2024 days ahead of the announcement of the general election, the MHA
notified the Citizenship Amendment Rules, 2024 that enabled the implementation
of the CAA, more than four years after it was passed by Parliament in December
2019.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12
Ans : d
================================
Question: Electoral Bonds
43)Consider the following on Electoral Bonds
1)A five-judge Bench headed by Chief Justice of India D.Y.
Chandrachud, which had on February 15 struck down the electoral bonds scheme as
unconstitutional, gave the bank 24 hours, that is, by the close of business
hours on March 12,2024 to provide the details to the Election Commission (EC).
2)The
Supreme Court’s refusal to grant any further time to the State Bank of India
(SBI) to furnish details of those who purchased and parties that encashed
electoral bonds since April 2019 has foiled an ill-advised attempt to seek
postponement of the disclosure until after the general election. The SBI has
now been asked to disclose to the Election Commission of India (ECI), by the
end of March 12, the names of details of the purchasers of the bonds, the dates
on which these were bought, and denominations. The bank should also disclose
the names of parties that redeemed the bonds, along with dates and
denominations. The ECI has to host the information on its website by March
15,2024 The upshot of the bank’s application for time until June 30 is that it
is now quite clear that it must disclose the data available to it, and need not
try and match the names of the donors with the parties. It appears that the
initial directions of the Constitution Bench, as part of its February 15
judgment invalidating the electoral bonds scheme, had been construed to mean
that the SBI was required to match with exactitude all the purchasers with the
recipients. The bank deemed this a “time-consuming” exercise, as the details
were in separate silos and not stored in digital format.
3)In
rejecting the bank’s application for time and keeping the threat of contempt
action alive, the Court has sent a message that it will not brook any further
delay. The Bench has also rightly questioned the bank’s silence on what had
been done to comply with the order until the filing of an application for
extension of time, just two days before the March 6 deadline. It is now quite
apparent that even manually matching the two datasets could not have taken as
long as the four months the SBI wanted. A question may arise as to whether the
voters’ right to information, the very basis for the Court finding the
anonymous donation scheme unconstitutional, will be fulfilled by mere
disclosure of the names of bond purchasers and the parties that received the
funds, without authentic data on who donated what amount to which party. Given
that the bonds have to be redeemed within a 15-day window, it may still be
possible for a diligent civil society to use the disclosures to match donors
and parties based on the proximity between dates of purchase and redemption.
The data may also help unravel whether corporate houses or individuals
benefited from their donations to ruling parties at the Centre and in the
States, or if the contributions were made in response to any threat of
investigation and prosecution.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d) 1,2,3
Ans : d
================================================================
Dt:13.3.2024
44) Consider the following about electoral bodns :
1)A
day after the Supreme Court directive, the State Bank of India (SBI) on Tuesday
12.3.2024 submitted to the Election Commission (EC) the details of electoral
bonds purchased and encashed since April 12, 2019.
2)“In
compliance of the Hon’ble Supreme Court’s directions to the SBI, contained in
its order dated Feb. 15 and March 11, 2024 (in the matter of WPC NO.880 of
2017), data on electoral bonds has been supplied by the State Bank of India to
the Election Commission of India, today, March 12, 2024,” the poll body posted
on X.
3)The
Supreme Court, while striking down the electoral bonds scheme as
unconstitutional in February, had directed the SBI to submit electoral bonds
data to the EC.
4)On
Monday 11.3.2024, the top court dismissed a plea filed by the SBI seeking time
till June 30 to submit the data. The court asked that the data be submitted to
the EC by Tuesday. The EC was in turn asked to publish the information on its
website by 5 p.m. on March 15.
5)The
SBI had sought an extension saying it needed time to match the buyers of the
bonds with the political parties that encashed it. To this, the top court said
the information on purchasers of bonds, the denomination of the bonds, and the
bonds redeemed by the respective political parties were easily available and
did not need matching.
6)The
first sale of electoral bonds took place in March 2018. Bonds worth ₹16,518
crore had been issued by the SBI since the inception of the scheme in 2018.
7)The
State Bank of India (SBI) on Wednesday informed the Supreme Court that details
of electoral bonds anonymously purchased by contributors and encashed by
political parties from April 2019 to February 15, 2024 were hand-delivered to
the Election Commission of India (ECI). The SBI said a total of 22,217
electoral bonds were purchased and 22,030 were redeemed by political parties
between April 1, 2019, and February 15, 2024.
8)From
April 1, 2019, to April 11 the same month, 3,346 bonds were purchased and 1,609
were redeemed by parties. Between April 12, 2019, and February 15, 2024, donors
bought 18,871 bonds and 20,421 were redeemed by parties, the SBI affidavit
said. Though the Supreme Court had sought information only from April 12, 2019,
the bank said the selling and redeeming of electoral bonds had started from
April 1. The ECI has time till March 15 to publish the information from the
bank on its official website.
9)The
bank said it has shared information with the ECI about the dates of purchase of
electoral bonds, the names of purchasers and the denomination of the bonds.
Similarly, the dates of encashment of the bonds, names of political parties
which received the contributions and denomination of the bonds encashed were
also provided.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9
Ans : d
================================================================
Dt.15.3.2024
45)Consider the following :
1)Future
Gaming and Hotel Services PR, whose managing director is lottery magnate
Santiago Martin, was the single largest donor to political parties between
April 12, 2019 and January 24, 2024, according to the electoral bonds data
released by the State Bank of India and published by the Election Commission on
Thursday, on the orders of the Supreme Court.
2)The
firm donated a cumulative sum of ₹1,368 crore through electoral bonds during
this period. Incidentally, the Enforcement Directorate had attached ₹411 crore
in the bank accounts of this firm and other companies in March 2022 and had
later filed a prosecution complaint against it under the Prevention of Money
Laundering Act, 2002 before the PMLA Court, Kolkata on September 9, 2023.
3)Among
parties, the Bharatiya Janata Party encashed electoral bonds worth ₹6,060.5
crore — the highest among all parties — within this period. In fact, the BJP’s
share of the total bonds encashed by parties was over 47.5%.
4)The
All India Trinamool Congress received ₹1,609.50 crore (12.6%), followed by the
Congress, which received ₹1,421.9 crore (11.1%), the second and third biggest
parties in terms of encashment during the period. The Bharat Rashtra Samithi
(9.5%), Biju Janata Dal (6.1%), and Dravida Munnetra Kazhagam (5%) were the
other parties which encashed more than ₹500 crore worth of electoral bonds
during this period.
5)Overall,
22 donated more than ₹100 crore during this period. Megha Engineering and
Infrastructures Limited (MEIL), headquartered in Hyderabad, was second on the
list, having donated ₹966 crore. Western UP Power Transmission Company, which
is also part of MEIL group of companies, donated ₹220 crore.
6)The
other firms in the top 10 donor list for this period were: Qwik Supply Chain
(₹410 crore), Haldia Energy (₹377 crore), Vedanta (₹375.65 crore), Essel Mining
and Industries (₹224.45 crore), Bharti Airtel (₹198 crore), and Keventer
Foodpark Infra (₹195 crore).
7)Other
major buyers include: Grasim Industries, Megha Engineering, Piramal
Enterprises, Torrent Power, DLF Commercial Developers, Apollo Tyres, Lakshmi Mittal,
Edelweiss, PVR, Sula Wine, Welspun, and Sun Pharma.
8)In
total, electoral bonds worth over ₹12,155 crore were purchased by donors in
this period and more than ₹12,769 crore were encashed by all parties during the
same time.
9)The
information was put in the public domain by the ECI on Thursday, after SBI
disclosed the data on March 12. The Supreme Court had directed the EC to host
this information on its website by March 15, which it did on an “as is where
is” basis.
10)“In
compliance of the Hon’ble Supreme Court’s directions, contained in its order
dated Feb 15 & March 11, 2024 (in the matter of WPC NO.880 of 2017), the
State Bank of India (SBI) had provided the data pertaining to the electoral
bonds to the Election Commission of India (EC) on March 12, 2024. The Election
Commission of India has today uploaded the data on electoral bonds on its
website as received from SBI on ‘as is where is basis’,” the Election
Commission said in a statement.
11)The
information uploaded on the EC website showed that the SBI shared two sets of
data: one with the name of the purchaser of each electoral bond, the date of
purchase, and the denomination of the bond; and another with the name of the
political party, date and denomination of bonds encashed.
12)The
data supplied by SBI does not include the serial numbers of the bonds.
13)On
February 15, Supreme Court had scrapped the electoral bonds scheme, terming it
“unconstitutional”. It had asked the SBI to submit to the EC all details of the
bonds which had been purchased since the interim order of the court was issued
on April 12, 2019, till date. On March 4, the SBI sought additional time till
June 30, saying it needed more time to match the buyers of the bonds with the
political parties which encashed them. On March 11, SC dismissed a plea filed
by the SBI seeking an extension till June 30 for disclosure of the data on
electoral bonds. It asked that the data be submitted to the EC by Tuesday.
14)In
an affidavit filed in the SC on Wednesday, the public sector bank said that
22,217 electoral bonds were issued between April 2019 and February 15, 2024. It
said that political parties had redeemed 22,030 bonds, while the remaining 187
were redeemed and the money was deposited in the Prime Minister’s National
Relief Fund, in accordance with the scheme’s rules.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13,14
Ans : d
==============================================================
Question: CAA , 2019
46)Consider the following about CAA 2019 :
1)Just days ahead of the announcement of Lok Sabha election, the
Union Home Ministry on 11.3.2024 notified the Citizenship Amendment Rules, 2024
that would enable the implementation of the Citizenship Amendment Act (CAA)
passed by Parliament in 2019.
2)Though the law facilitates citizenship to undocumented people
belonging to Hindu, Sikh, Buddhist, Parsi, Christian, and Jain communities from
Pakistan, Bangladesh and Afghanistan, the rules state that applicants will have
to provide six types of documents and specify the “date of entry” into India.
3)Home Minister posted on
X, “These rules will now enable minorities persecuted on religious grounds in
Pakistan, Bangladesh and Afghanistan to acquire citizenship in our nation. With
this notification, PM Shri Narendramodiji has
delivered on another commitment and realised the promise of the makers of our
Constitution to the Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians
living in those countries.”
5)The list of documents includes birth certificate, tenancy
records, identity papers, any licence, or educational certificate issued by a
government authority in Afghanistan, Pakistan, and Bangladesh.
6)The applicants will have to register on the
portal and a mobile application CAA-2019 has also been readied. All
documents along with photographs are to be uploaded online and the applications
will be processed after a background check by security agencies.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6
Ans : d
=================================================================
Dt:16.3.2024
47)Consider the following :
1)On
March 11,2024 the Ministry of Home Affairs (MHA) notified the Citizenship Amendment Rules, 2024. The notification enabled the implementation
of the Citizenship Amendment Act (CAA) that was passed by Parliament on
December 11, 2019, which for the first time allows citizenship based on
religion. It amended the Citizenship Amendment Act, 1955, making two key
changes to facilitate citizenship to undocumented migrants belonging to six
non-Muslim communities — Hindu, Sikh, Buddhist, Jain, Parsi or Christian— from
Afghanistan, Bangladesh and Pakistan, who entered India on or before December
31, 2014, and reduces the period to qualify for citizenship from existing 11
years to 5 years.
2)Though
the legislation was brought in for undocumented migrants, the Rules specify
several documents that are to be uploaded on an online portal before the
application is processed. A document issued by a government authority in the
three countries, one document issued by Indian authorities, a sworn affidavit
declaring the country of origin and date of entry in India along with an
eligibility certificate to be issued by a locally reputed community institution
certifying that a person follows one of the six faiths are mandatory.
3)The
Ministry has specified the following nine documents to prove that the applicant
belongs to the three countries — any document, copy of the passport, birth
certificate, school or educational certificate, any identity document, licence,
land or tenancy records issued by the government of Afghanistan or Bangladesh
or Pakistan, any document that shows that either of the parents or grandparents
or great grandparents of the applicant is or had been a citizen of one of the
three countries or registration certificate or residential permit issued by the
Foreigners Regional Registration Officer in India.
4)The
applicant has to upload any one of the 20 listed documents such as Aadhaar, PAN
card to prove entry in India. The MHA has not specified the nature of the
institution that would certify an applicant’s faith.
5)When
the legislation was passed in the Rajya Sabha, Union Home Minister Amit Shah
said “lakhs and crores” of people would benefit whereas Derek O’Brien of the
Trinamool Congress mentioned that the Director of the Intelligence Bureau had
said in a report that around 31,000 people would be the immediate
beneficiaries.
6)A
large number of Hindus and Sikhs from Pakistan and Afghanistan who came to
India through legal means but find that their documents like visas and
passports have expired stand to gain from the CAA as it reduces the waiting
period to avail citizenship to five years. However, they were anyway eligible
for citizenship under Section 5 and Section 6 (1) of the Citizenship Act, 1955.
According to Hindu Singh Sodha, Seemant Lok Sangathan, a group that advocates
for the rights of Pakistani minority migrants in India, around 80,000
applications of Hindus from Pakistan have been pending with the authorities
since 2010. Most Pakistani Hindus and Sikhs came here either on long term visas
(LTV) or pilgrim visas. The LTVs given for five years are a precursor to
citizenship. The Congress-led United Progressive Alliance government in 2011
had decided to grant LTVs to hundreds of Hindus and Sikhs who came to India
claiming religious persecution in Pakistan in 2010.
7)In
West Bengal, a section of the Matua sect, who had migrated from Bangladesh
(earlier East Pakistan), celebrated after the CAA rules were notified. There
are around 2.8 crore people from the Scheduled Caste community who stand to
benefit but they will have to declare their connection with Bangladesh first.
8)Assam
is the only State where a National Register of Citizens (NRC) was compiled in
2019 on the directions of the Supreme Court. More than 19 lakh of the 3.29
crore applicants in Assam were left out of the list that took five years to
compile at a cost of ₹1,220 crore. The Hindus, excluded from NRC and who stand
to benefit from the CAA, may be reluctant to apply. According to Aman Wadud, an
Assam-based lawyer, under the CAA, the Bengali Hindus will have to declare that
they came from Bangladesh whereas they applied as Indians for NRC.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8
Ans : d
===========================
Dt.13.3.2024
48)Consider the following :
1)The Tamil Nadu Chief
Minister’s statement that the Citizenship Amendment Act (CAA), 2019 will not be
implemented in the State will have no impact on the implementation of the
legislation as citizenship is the domain of the Union government, a senior
government official said on Tuesday.
2)While the task of
processing the citizenship applications under the CAA has been entrusted to the
Postal department and Census officials who function under the Centre, the
responsibility of conducting background and security checks lies with Central
security agencies such as the Intelligence Bureau (IB), according to a
notification issued on Monday.
3)As the applications
will be filed online, the procedure leaves little scope for the involvement of
the State government officials or local police, a senior Home Ministry official
said.
4)The final decision
on applications will be taken by the empowered committee headed by the Director
(Census Operations) in each State, which will include officers from the Intelligence Bureau, the
Post Master General, State or National Informatics Centre official, and a representative
each from the Department of Home of the State government and the Divisional
Railway Manager will be the invitees.
5)The district-level
committee, which will be the primary body to sift the applications, will be
headed by the Superintendent, Department of Post, and will have an official not
below the rank of Naib Tehsildar or equivalent from the office of District
Collector representing the State government only as an invitee.
6)The official said
that on Tuesday 12.3.2024 several applicants registered on the
portalhttps://indiancitizenshiponline.nic.inafter it was launched on Monday.
The registration requires a payment of ₹50. “There are several categories for
citizenship under Section 6B of the CAA that are to be filled by applicants;
also several documents are to be uploaded in definite format along with
submission of affidavit and eligibility certificate [to establish faith] that
are to be issued by local institutions. The final number of applicants will be
available once the forms have been completely filled and submitted on the
portal,” the official said.
7)Besides submitting
the documents online, which includes those issued by the government authorities
in Pakistan, Bangladesh, and Afghanistan, the applicant will have to appear
before the district-level committee in person.
8)An explainer on CAA
rules notified on Monday states that after the online form has been
scrutinised, the “applicant will be intimated through e-mail/SMS, the date and
time on which the applicant would be expected to visit the DLC [district-level
committee] in personalong with originals of all the documents attached with the
application for verification.”
9)If the documents are
found in order, the Designated Officer will administer “Oath of Allegiance” to
the applicant and the digital copies will be forwarded to the empowered
committee which will take the final decision.
10)The MHA on Monday
11.3.2024 notified the Citizenship
Amendment Rules, 2024 that would enable the implementation of the CAA, passed
by the Parliament four years ago.
11)The legislation
facilitates citizenship to undocumented people belonging to Hindu, Sikh,
Buddhist, Parsi, Christian and Jain community from Pakistan, Bangladesh and
Afghanistan who entered India on or before December 31, 2014 and fast-tracks
the process by reducing the eligibility to five years’ continuous stay.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11
Ans : d
==================================================================
Dt: 15.3.2024
Question: CAA Constitutionality
49)Consider the following :
1)Four
years after Parliament passed the Citizenship Amendment Act (CAA), 2019, the
Ministry of Home Affairs (MHA) notified the rules to implement the law on March
11. It fast-tracks citizenship for undocumented immigrants from six non-Muslim
communities — Hindu, Sikh, Buddhist, Parsi, Christian and Jain — from Pakistan,
Afghanistan and Bangladesh. The CAA is also under challenge before the Supreme
Court, with several petitioners moving fresh pleas seeking a stay on the
implementation of the rules.
2)In
December 2019, Parliament passed an amendment to The Citizenship Act, 1955
(1955 Act) introducing a new proviso to Section 2(1)(b) which defines “illegal
migrants.” Accordingly, undocumented immigrants who entered India on or before
December 31, 2014, and whom the Central government has exempted under the
Passport (Entry into India) Act, 1920, or the Foreigners Act, 1946, would be
eligible for citizenship under the 1955 Act.
3)However,
certain tribal areas in Assam, Meghalaya, Mizoram, and Tripura were exempted
from the legislation’s ambit. To access these protected areas, an Inner Line
Permit (ILP) is needed from the concerned State governments.
4)A
key concern is that when viewed in combination with the proposed all-India
National Register of Indian Citizens (NRIC), the CAA has the potential to
disproportionately impact Muslims residing in India. In the event of people
being excluded from NRIC, non-Muslims may have an opportunity to get included
through the CAA, while it may be denied to Muslims. A Supreme Court-monitored
National Register of Citizens that took place in Assam in 2021 left out over 19
lakh people from the citizenship register.
5)On
May 28, 2021, the Union government issued an order under Section 16 of the 1955
Act, granting District Collectors in five States with high migrant populations
the power to grant citizenship to groups identified in the 2019 amendment. In
its 2021-22 Annual Report, the MHA stated that in 2021, 1,414 citizenship
certificates were granted under CAA provisions. However, after petitions were
filed alleging that this order was a “ruse” to implement CAA, the MHA contended
before the court that its order had “no relation whatsoever”with the CAA and
that it merely delegated “the power (of granting citizenship by registration
and naturalisation) to the local authorities in particular cases.”
6)With
the newly notified rules, the Centre has eased the process of granting Indian
citizenship to members of the specified communities by excluding the
requirement of a “valid passport” of their origin countries or a valid visa
from India. Instead, “any document” that shows one of the parents, grandparents
or even great-grandparents of the applicant was from one of these countries is
sufficient to prove their nationality. 7)Additionally, a certificate issued by
an elected member of a local body can be a replacement for a visa.
8)After
the legislation’s enactment in 2019, the Indian Union Muslim League (IUML)
filed a petition challenging its constitutionality, which was joined by close
to 200 petitions. These petitions challenge the law for violating Article 14 of
the Constitution by making religion a qualifier for citizenship.
9)The
CAA has also been dubbed as a move to subvert the Assam Accord of 1985 that
deems any person who cannot prove his ancestry beyond March 24, 1971, as an
alien and does not differentiate on grounds of religion. The petitions contend
that the law will further multiply the “uncontrolled influx of illegal migrants
from Bangladesh to Assam.”
10)Calling
the CAA a “benign piece of legislation,” the Centre in its affidavit before the
Supreme Court said that it seeks to provide amnesty to specific communities
from specified countries with a clear cut-off date. It highlighted that the law
does not in any manner affect the legal, democratic or secular rights of any
Indian citizen.
11)The
affidavit further stated that the “narrowly tailored legislation” was passed to
“tackle a specific problem, i.e., the persecution on the ground of religion in
the light of the undisputable theocratic constitutional position in these
specified countries, the systematic functioning of these States and the
perception of fear that may be prevalent amongst minorities as per the de
facto situation in these countries.”
12)On
December 18, 2019, a Bench comprising former Chief Justice of India (CJI) S.A.
Bobde refused to stay the operation of the law and instead suggested that the
government publicise the actual intent of the Act. The court rejected a similar
plea for stay on January 22, 2020, by underscoring that it needs to hear the
government first.
13)On
October 6, 2022, a Bench comprising former CJI U.U. Lalit passed an order
stating that final hearings in the case would begin on December 6, 2022.
However, the case has not been listed since then. As per the Supreme Court’s
website, the petitions are currently listed before a Bench headed by Justice
Pankaj Mithal.
14)The
IUML and others have moved the top court seeking a stay on the rules notified
on March 11.
15)They
have pointed out how the Centre had earlier averted a push for a stay of the
CAA in the Supreme Court nearly five years ago byarguing that the rules had not
been framed. It has also been highlighted that the rules have done away with
the tiered scrutiny of applications for citizenship by District Collectors on
the ground, and recommendations of State governments as to the wisdom of
granting citizenship.
16)They
said that the government ought to have waited for a final decision from the
Supreme Court before implementing the rules.
17)The
proceedings against the CAA are also dependent on the outcome of the challenge
to Section 6A of the 1955 Act which was introduced in furtherance of a 18)Memorandum
of Settlement called the “Assam Accord” signed on August 15, 1985.
In
December last year, a five-judge Constitution Bench led by CJI D.Y. Chandrachud
reserved its verdict on the validity of Section 6A after orally observing that
the provision was enacted as a humanitarian measure in the wake of the 1971
Bangladesh Liberation War and was deeply interwoven in the country’s history.
19)Section
6A determines who is a foreigner in Assam by establishing March 24, 1971, as
the cut-off date for entry — those who came to the State on or after January 1,
1966, but before March 25, 1971, were to be declared as “foreigners” and would
have all the rights and obligations of Indian citizens except that they would
not be able to vote for 10 years.
20)If
March 24, 1971, is upheld as a valid cut-off date for entry into the State,
then CAA can be held to be violative of the Assam Accord
since it establishes a different timeline.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20
Ans : d
=============================================================
Quesiton: CAA in Supreme Court on 19.3.2024
50)Consider the following :
1)The
Supreme Court on Tuesday agreed to consider the question of staying the
operation of the rules notified under the Citizenship (Amendment) Act or CAA on
April 9, days before the first phase of the Lok Sabha election, even as the
government refused to make a statement that it would not grant fast-tracked
citizenship to non-Muslim migrants from Afghanistan, Bangladesh and Pakistan
during the pendency of the case.
2)“I
am not ready to make any statement,” Solicitor-General Tushar Mehta, appearing
for the Centre, said.
3)A
three-judge Bench headed by Chief Justice of India D.Y. Chandrachud sought to
calm the apprehensions of 237 petitioners that the government would go ahead
and implement the CAA rules in the meantime.
4)“They
do not even have the infrastructure in place,” Chief Justice Chandrachud told
the petitioners’ side, led by senior advocates Kapil Sibal and Indira Jaising.
5)However,
Ms. Jaising, for Trinamool Congress leader Mahua Moitra, cautioned the court
against relying on a “hope-and-trust jurisprudence” in favour of the
government.
6)“But
we are here,” the Chief Justice assured her. Mr. Sibal and advocate Haris Beeran,
for the Indian Union Muslim League, said they should be given the liberty to
mention in court if the government began the citizenship process under CAA.
7)Mr.
Sibal said if the Centre could wait nearly five years to notify the CAA rules,
they could wait till July 2024. He said citizenship, once granted, was
irreversible. Fast-tracking citizenship based on the religious identity of a
person violated the fundamental rights to non-discrimination and equality under
the Constitution.
8)Advocate
Kaleeswaram Raj supported the argument, noting that the top court had stayed
the controversial farm laws.
9)Mr.
Mehta sought four weeks’ time to file responses to about 20 applications moved
separately by petitioners to stay the CAA rules, notified on March 11.
10)The
law officer argued that the law did not prejudice the petitioners.
11)The
CAA was aimed to grant citizenship only to “illegal migrants” belonging to
persecuted members of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian
communities from Afghanistan, Bangladesh, or Pakistan who entered India on or
before December 31, 2014.
12)“This
law does not take away the citizenship of anyone... Those who have entered by
2014 will be considered for grant or refusal of citizenship,” Mr. Mehta
reasoned.
13)Advocate
Nizam Pasha, also for the petitioners, linked the implementation of the CAA to
the 19 lakh people excluded from the National Register of Citizens (NRC) list
in Assam. No affirmative decision had been taken about them. He apprehended
that the CAA would now apply to these people. Those who do not belong to “one
particular community or religion” would get their citizenship applications
processed “all of a sudden” while the Muslims who were out of NRC may face
executive action. “That is prejudice”.
14)But
Mr. Mehta said similar attempts to “mislead” people had been made outside the
court. “The NRC is not an issue before the court, only the grant of citizenship
under CAA is the issue,” he clarified.
15)Senior
advocate Ranjit Kumar, for a party supporting CAA, illustrated the case of a
persecuted Hindu migrant from Balochistan. “How does grant of citizenship to me
affect anyone else’s right?” Mr. Kumar asked.
16)“They
will get a right to vote,” Ms. Jaising shot back to objections from Mr. Kumar.
Ms. Jaising said the government should let the petitioners either make good
their plea in court for a stay or be willing to give a statement that no one
would be granted citizenship in the interregnum.
17)“The
latter would save us all a lot of time,” she said. The senior lawyer added that
they wanted the case to be referred to a larger Bench.
18)Senior
advocate Vijay Hansaria, appearing for a group of petitioners from Assam,
contended that the CAA and its rules were a threat to the State’s demography.
He said 27 districts in Assam were brought under the purview of CAA “for no
reason at all”.
19)The
lawyer noted that the CAA did not apply to tribal areas of Assam, Meghalaya,
Mizoram, or Tripura included in the Sixth Schedule to the Constitution and the
areas covered under ‘The Inner Line’ notified under the Bengal Eastern Frontier
Regulation, 1873.
20)He
said the cut-off date of December 31, 2014, for the grant of citizenship under
Section 6B(1) of the CAA contradicted Section 6A of the Citizenship Act, 1955,
which mandated deportation for foreigners who had crossed over after March 25,
1971.
Which of the
following is correct?
(a)1 and 2
only
(b)2 and 3
only
( c ) 3 only
(d)
1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20
Ans : d
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