2010

101. Which one of the following is a component of both the Basal Convention

Which one of the following is a component of both the Basal Convention and the Stockholm Convention?

[amp_mcq option1=”Mercury” option2=”Plastic waste” option3=”Persistent organic pollutants” option4=”Heavy metals” correct=”option3″]

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UPSC CAPF – 2010
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The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal regulates the movement and disposal of hazardous and other wastes. The Stockholm Convention on Persistent Organic Pollutants (POPs) aims to eliminate or restrict the production and use of POPs and reduce their release into the environment. Hazardous wastes covered under the Basel Convention can include wastes containing POPs. The Stockholm Convention also addresses the environmentally sound management and disposal of POPs, which when in waste form, fall under the purview of the Basel Convention for transboundary movement. Therefore, Persistent Organic Pollutants are a component relevant to both conventions, especially in the context of POPs waste.
While Basel deals broadly with hazardous waste and Stockholm deals with specific persistent organic pollutants, the intersection occurs when POPs become waste, making POPs a relevant element to both agreements.
The Basel Convention was adopted in 1989 and entered into force in 1992. The Stockholm Convention was adopted in 2001 and entered into force in 2004. Other options like Mercury are covered by the Minamata Convention, and Plastic waste was recently added to the scope of the Basel Convention but is not the primary focus of the Stockholm Convention.

102. Which among the following is the most likely consequence of implementi

Which among the following is the most likely consequence of implementing the ‘Unified Payments Interface (UPI)’?

[amp_mcq option1=”Global remittances will increase substantially.” option2=”Foreign Direct Investments (FDIs) will be encouraged.” option3=”Digital payments will increase substantially.” option4=”Inclusion of the poor people into the formal financial system will increase substantially.” correct=”option3″]

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The Unified Payments Interface (UPI) is a system that powers multiple bank accounts into a single mobile application (of any participating bank), merging several banking features, seamless fund routing & merchant payments into one hood. Its primary impact is to make digital transactions easier, faster, and more accessible. Therefore, the most likely consequence of implementing UPI is a substantial increase in digital payments within the country. While UPI can contribute to financial inclusion (D) and potentially facilitate global remittances in the future (A) through international linkages, its direct and most significant impact has been on boosting the volume and value of domestic digital transactions. It does not directly encourage Foreign Direct Investments (B).
UPI revolutionized the digital payments ecosystem in India by providing a simple, interoperable, and real-time platform for mobile-based payments, leading to exponential growth in digital transactions.
UPI was developed by the National Payments Corporation of India (NPCI) and launched in 2016. It is built on the IMPS infrastructure and allows for instant money transfers between any two parties using a virtual payment address (VPA) or mobile number.

103. Consider the following statements: 1. All decisions of the Council

Consider the following statements:

  • 1. All decisions of the Council of Ministers relating to the administration of the Union must be communicated to the President of India.
  • 2. The President of India can call for any information relating to the administration of the Union.
  • 3. The Prime Minister must submit for consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Which of the statements given above are correct?

[amp_mcq option1=”1 and 2 only” option2=”2 and 3 only” option3=”1 and 3 only” option4=”1, 2 and 3″ correct=”option4″]

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All three statements are correct. Article 78 of the Constitution outlines the duties of the Prime Minister. Statement 1 is a duty under Article 78(a): the Prime Minister must communicate all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation to the President. Statement 2 is a duty under Article 78(b): the Prime Minister must furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for. Statement 3 is a duty under Article 78(c): if the President so requires, the Prime Minister must submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
Article 78 defines the key link and flow of information between the Council of Ministers (headed by the Prime Minister) and the President of India.
These provisions ensure that the President, as the head of the executive, is kept informed about the functioning of the government and can exercise oversight and influence within the constitutional framework.

104. Consider the following statements: 1. The Parliament (Prevention of

Consider the following statements:

  • 1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the ground of ‘Office of Profit’.
  • 2. The above-mentioned Act was amended five times.
  • 3. The term ‘Office of Profit’ is well-defined in the Constitution of India.

Which of the statements given above are correct?

[amp_mcq option1=”1 and 2 only” option2=”2 and 3 only” option3=”1 and 3 only” option4=”1, 2 and 3″ correct=”option1″]

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Statement 1 is correct. The Parliament (Prevention of Disqualification) Act, 1959, lists several offices under the Central and State Governments that do not disqualify a person from being a Member of Parliament, thereby exempting them from the ‘Office of Profit’ criterion for disqualification. Statement 3 is incorrect. The term ‘Office of Profit’ is not explicitly defined in the Constitution, but its meaning has been interpreted by the courts based on various criteria, such as whether the office carries remuneration, whether the holder can influence government decisions, and whether the government has control over the appointment or removal. Statement 2 is correct; the Act has been amended multiple times since its enactment to add more offices to the list of exempted posts.
The concept of ‘Office of Profit’ is not defined in the Constitution but has been subject to judicial interpretation. Parliament has the power to exempt certain offices through legislation (like the 1959 Act) from being considered offices of profit for disqualification purposes.
Articles 102(1)(a) and 191(1)(a) of the Constitution prohibit a person from holding an ‘Office of Profit’ under the government (Union or State) while being a member of Parliament or a State Legislature, respectively. The purpose is to maintain the independence of the legislature and prevent conflicts of interest.

105. Consider the following statements: 1. The Parliament of India can p

Consider the following statements:

  • 1. The Parliament of India can place any law in the Ninth Schedule of the Constitution of India.
  • 2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgment can be made on it.

Which of the statements given above is/are correct?

[amp_mcq option1=”1 only” option2=”2 only” option3=”Both 1 and 2″ option4=”Neither 1 nor 2″ correct=”option1″]

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Statement 1 is correct. The Parliament has the power to amend the Constitution and can add laws to the Ninth Schedule through a constitutional amendment. Statement 2 is incorrect. While laws placed in the Ninth Schedule were initially immune from judicial review, the Supreme Court in the I.R. Coelho case (2007) held that laws placed in the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure of the Constitution.
Laws placed in the Ninth Schedule are not absolutely immune from judicial review; their validity can be examined on the ground of violating the basic structure of the Constitution if they were added after the Kesavananda Bharati judgment date.
The Ninth Schedule was added to the Constitution by the 1st Amendment Act, 1951, primarily to protect land reform laws from being challenged in courts on the ground of violation of Fundamental Rights, particularly the right to property.

106. Consider the following statements regarding the powers of the Comptrol

Consider the following statements regarding the powers of the Comptroller and Auditor-General of India:

  • 1. He has the power to audit all expenditures from the Consolidated Fund of India and the Consolidated Fund of each State and Union Territory having a Legislative Assembly.
  • 2. He has the power to audit all expenditures from the Contingency Fund of India and the Public Account of India.
  • 3. He has the power to audit all expenditures from the Contingency Fund of each State and the Public Account of each State.
  • 4. He has the power to request any accounts, papers, and records relating to expenditures.

Which of the statements given above are correct?

[amp_mcq option1=”1, 2 and 3 only” option2=”1, 3 and 4 only” option3=”2, 3 and 4 only” option4=”1, 2, 3 and 4″ correct=”option4″]

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Statement 1 is correct as the CAG audits the Consolidated Fund of India, States, and Union Territories with Legislative Assemblies. Statements 2 and 3 are correct as the CAG also audits expenditures from the Contingency Fund and Public Account of both the Union and the States. Statement 4 is correct as the CAG has the necessary powers under the CAG’s (Duties, Powers and Conditions of Service) Act, 1971, to demand access to all relevant accounts, papers, and records to carry out audits.
The Comptroller and Auditor-General of India’s (CAG) powers extend to auditing all expenditures from the main public funds of the Union and States, including the Consolidated Fund, Contingency Fund, and Public Account. The CAG also has the power to inspect relevant documents.
The CAG is appointed under Article 148 of the Constitution of India. Article 149 gives Parliament the power to prescribe the duties and powers of the CAG, which led to the enactment of the CAG Act, 1971. The CAG audits not only government expenditures but also the accounts of government companies and corporations as specified by law.

107. Consider the following statements: 1. The National Development Coun

Consider the following statements:

  • 1. The National Development Council is an organ of the Planning Commission.
  • 2. The Prime Minister of India is the Chairman of the National Development Council.
  • 3. The National Development Council is a statutory body.

Which of the statements given above is/are correct?

[amp_mcq option1=”1 and 2 only” option2=”1 and 3 only” option3=”2 and 3 only” option4=”1, 2 and 3″ correct=”option1″]

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Statements 1 and 2 are correct.
– Statement 1: The National Development Council (NDC) was a body closely associated with the Planning Commission. While not formally an ‘organ of’ the Planning Commission in the sense of being a subordinate part, the NDC was the highest decision-making body for approving Five Year Plans formulated by the Planning Commission. Members of the Planning Commission were also members of the NDC. Given the options, this statement is likely intended to be interpreted as reflecting the close functional relationship and oversight role of the NDC over the planning process led by the Planning Commission.
– Statement 2: The Prime Minister of India was the ex-officio Chairman of the National Development Council. This is a factual detail about the composition and leadership of the NDC.
– Statement 3: The National Development Council was neither a constitutional body (established by the Constitution) nor a statutory body (established by an Act of Parliament). It was established in 1952 by an Executive Resolution of the Union Cabinet. Therefore, it was an extra-constitutional, non-statutory body. This statement is incorrect.
– The National Development Council was dissolved along with the Planning Commission when NITI Aayog was established in 2015. Its role and composition were significant during the era of Five Year Plans.
– The NDC comprised the Prime Minister, Union Cabinet Ministers, Chief Ministers of all States, Chief Ministers/Administrators of Union Territories, and members of the Planning Commission.
– Its main functions were to prescribe guidelines for plan formulation, consider the national plan, and make recommendations for achieving plan targets.

108. Consider the following statements: 1. The President of India appoin

Consider the following statements:

  • 1. The President of India appoints the Chief Election Commissioner and other Election Commissioners.
  • 2. The Chief Election Commissioner and other Election Commissioners have equal powers.
  • 3. An Election Commissioner can be removed from office only on the recommendation of the Chief Election Commissioner.

Which of the statements given above are correct?

[amp_mcq option1=”1 and 2 only” option2=”1 and 3 only” option3=”2 and 3 only” option4=”1, 2 and 3″ correct=”option4″]

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Statements 1, 2 and 3 are correct.
– Statement 1: Article 324(2) of the Constitution states that the Chief Election Commissioner and other Election Commissioners shall be appointed by the President of India.
– Statement 2: The Chief Election Commissioner and other Election Commissioners have equal powers in terms of decision-making within the Election Commission. Section 22 of The Election Commissioner (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, explicitly states this. Matters are decided by a majority vote of the Commissioners. The Chief Election Commissioner acts as the chairman but does not have overriding powers.
– Statement 3: Article 324(5) provides that an Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner. This is a safeguard intended to protect the independence of the other Commissioners, making their removal more difficult and dependent on the CEC’s view. The Chief Election Commissioner, however, can only be removed in the same manner as a Judge of the Supreme Court (by a parliamentary address).
– The multi-member Election Commission was established in 1989, and the equality of powers among the CEC and other ECs was clarified by the Election Commissioner (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, and subsequent judicial pronouncements.
– The security of tenure and difficult removal process are crucial for ensuring the independence of the Election Commission.

109. Which one of the following statements best describes the relationship

Which one of the following statements best describes the relationship between the State and a Panchayati Raj Institution?

[amp_mcq option1=”The State supervises and controls the Panchayati Raj Institution in administrative matters.” option2=”The State delegates its powers to the Panchayati Raj Institution for specific purposes.” option3=”The State is a superior body exercising direct control over the Panchayati Raj Institution.” option4=”The relationship is one of partnership based on decentralized governance.” correct=”option4″]

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The relationship between the State and a Panchayati Raj Institution is best described as one of partnership based on decentralized governance.
– The 73rd Constitutional Amendment Act, 1992, gave constitutional status to Panchayati Raj Institutions (PRIs) with the objective of establishing local self-government and promoting decentralized governance.
– This structure envisions PRIs not merely as administrative units supervised and controlled by the state (A and C), or bodies to which power is merely delegated by the state for specific tasks (B), but as institutions of self-governance at the local level.
– The relationship is intended to be one where the state empowers PRIs with necessary funds, functions, and functionaries, fostering a partnership for planning and implementation of development programs and provision of local services, based on the principle of decentralized governance where power and responsibility are devolved to the grassroots level.
– While the state government retains oversight and control powers, and devolution of powers can be seen as delegation, the fundamental shift brought by the 73rd Amendment was to treat PRIs as a third tier of government, implying a relationship built on shared responsibility and cooperation for local development and democratic participation.

110. Consider the following statements: 1. If the election of a State Le

Consider the following statements:

  • 1. If the election of a State Legislature Party candidate to the Council of States is declared void, a re-election has to be held.
  • 2. An election petition challenging the election of a candidate is presented to the Election Commission of India.
  • 3. The Governor of a State can dissolve the State Legislative Assembly without the advice of the Council of Ministers in certain circumstances.

Which of the statements given above are correct?

[amp_mcq option1=”1 and 2 only” option2=”1 and 3 only” option3=”2 and 3 only” option4=”1, 2 and 3″ correct=”option2″]

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Statements 1 and 3 are correct.
– Statement 1: If the election of a candidate to the Council of States is declared void by a court, the seat becomes vacant, and a fresh election (re-election) must be held to fill that vacancy. This is a standard consequence of an election being declared void.
– Statement 2: An election petition challenging the election of a candidate to Parliament or a State Legislature is presented to the High Court of the concerned state, not the Election Commission of India. The High Court has the original jurisdiction for such petitions, and appeals lie with the Supreme Court.
– Statement 3: While the Governor normally acts on the advice of the Council of Ministers headed by the Chief Minister, the Constitution provides for certain limited circumstances where the Governor may exercise discretion. For instance, in situations like a hung assembly where no party has a clear majority, or when a government has lost the confidence of the house but refuses to resign and advises dissolution, the Governor may have to take a decision regarding dissolving the assembly or inviting another party to form a government, potentially without or against the advice of the incumbent Council of Ministers. Though controversial and subject to judicial review, the possibility of the Governor dissolving the assembly without advice in these rare “certain circumstances” is acknowledged in constitutional discourse.
– The Supreme Court judgment in the S.R. Bommai case (1994) significantly curtailed the discretionary powers of the Governor and emphasized that the Governor’s satisfaction must be based on objective material, not personal subjective assessment.
– Despite limitations, the Governor’s role in situations of political instability, such as a hung assembly or a no-confidence motion, involves some degree of discretionary decision-making regarding ministry formation or dissolution, though the preference is for decisions to be tested on the floor of the House.
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