2019 Archives

191. Consider the following statements: 1. As per recent amendment to the

Consider the following statements:

1. As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas.
2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
3. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.

Which of the statements given above is/are correct?

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

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Statements 2 and 3 are correct.

Statement 1 is incorrect. The Indian Forest (Amendment) Act, 2017 removed bamboo grown in non-forest areas from the definition of ‘tree’, thereby exempting it from requiring felling and transit permits under the Indian Forest Act, 1927. Bamboo grown in forest areas continues to be classified as a ‘tree’ under the unamended part of the Act, but rights over bamboo as Minor Forest Produce in forest areas are governed by the Forest Rights Act, 2006. The statement claiming a general right to fell bamboos grown on forest areas might be misleading or incorrect as per the 2017 amendment’s primary focus on non-forest areas and the nuances of rights under FRA 2006.

Statement 2 is correct. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 explicitly defines ‘Minor Forest Produce’ (MFP) to include “bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs, roots, tubers and the like”. Thus, as per this Act, bamboo is a minor forest produce.

Statement 3 is correct. The Forest Rights Act, 2006, recognizes and vests forest rights and occupation in forest dwelling Scheduled Tribes and other traditional forest dwellers. Section 3(1)(c) specifically recognizes the right of ownership, access to collect, use, and dispose of minor forest produce, which has been traditionally collected within or outside village boundaries.

The classification of bamboo has been a point of contention. Historically, the Indian Forest Act, 1927, classified bamboo as a ‘tree’. The Forest Rights Act, 2006, classified it as ‘Minor Forest Produce’. The 2017 amendment to the Indian Forest Act resolved the classification conflict *only for bamboo grown outside forest areas*, classifying it as grass in such areas to promote cultivation and trade. For bamboo within forest areas, the FRA 2006’s classification as MFP and the rights granted under it apply.

192. Consider the following statements: 1. The United Nations Convention

Consider the following statements:

1. The United Nations Convention against Corruption (UNCAC) has a ‘Protocol against the Smuggling of Migrants by Land, Sea and Air’.
2. The UNCAC is the ever-first legally binding global anti-corruption instrument.
3. A highlight of the United Nations Convention against Transnational Organized Crime (UNTOC) is the inclusion of a specific chapter aimed at returning assets to their rightful owners from whom they had been taken illicitly.
4. The United Nations Office on Drugs and Crime (UNODC) is mandated by its member States to assist in the implementation of both UNCAC and UNTOC.

Which of the statements given above are correct?

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

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Statements 2 and 4 are correct, while statements 1 and 3 are incorrect.

– Statement 1 is incorrect. The ‘Protocol against the Smuggling of Migrants by Land, Sea and Air’ is one of the three supplementary protocols to the *United Nations Convention against Transnational Organized Crime (UNTOC)* (2000), not the United Nations Convention against Corruption (UNCAC).
– Statement 2 is correct. The United Nations Convention against Corruption (UNCAC), adopted in 2003 and entered into force in 2005, is the first legally binding global anti-corruption instrument. It covers a broad range of corruption acts and calls for various preventive and criminalization measures.
– Statement 3 is incorrect. While asset recovery is a significant part of combating transnational organized crime and corruption, a specific and dedicated chapter aimed primarily at the return of assets to rightful owners is a key highlight of the *United Nations Convention against Corruption (UNCAC)* (Chapter V), not UNTOC. UNTOC deals with general aspects of organized crime but is less focused on specific asset recovery mechanisms compared to UNCAC.
– Statement 4 is correct. The United Nations Office on Drugs and Crime (UNODC) serves as the guardian and secretariat for both the United Nations Convention against Corruption (UNCAC) and the United Nations Convention against Transnational Organized Crime (UNTOC), and it is mandated by its member states to assist in their implementation.

UNTOC and its protocols (Trafficking in Persons, Smuggling of Migrants, Firearms) address various forms of transnational organized crime. UNCAC is specifically dedicated to preventing and combating corruption in all its forms. UNODC plays a crucial role in providing technical assistance and capacity-building to countries to effectively implement these conventions.

193. With reference to the Legislative Assembly of a State in India, consid

With reference to the Legislative Assembly of a State in India, consider the following statements :

The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

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=”option3″]

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Both statements 1 and 2 are correct.

– Statement 1 is correct. Article 176 of the Constitution requires the Governor to address the Legislative Assembly (or both Houses in a bicameral legislature) at the commencement of the first session after each general election and at the commencement of the first session of each year. This address outlines the government’s policies and programs. This is a customary address mirroring the President’s address to Parliament.
– Statement 2 is correct. Article 208(1) of the Constitution states that a House of the Legislature of a State may make rules for regulating its procedure and the conduct of its business. Article 208(2) further states that until rules are made under clause (1), the rules of procedure and conduct of business in force immediately before the commencement of the Constitution with respect to the corresponding Provincial Legislative Assembly shall have effect, subject to modifications. However, in practice, State Legislatures often refer to or adopt the rules of procedure of the Lok Sabha (or Parliament generally) on matters where their own rules are silent. This provides uniformity and leverages established parliamentary practices.

The Governor’s address is prepared by the State Government and reflects its policies and legislative agenda. It is followed by a discussion and a motion of thanks in the Legislature. The rules of procedure in State Legislatures are framed to facilitate the orderly conduct of business, including debates, voting, and legislative processes.

194. With reference to the Constitution of India, prohibitions or limitatio

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

[amp_mcq option1=”The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.” option2=”The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.” option3=”In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.” option4=”State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.” correct=”option2″]

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The given statement implies that the Supreme Court of India is not constrained in the exercise of its powers under Article 142 by laws made by the Parliament.

– The statement refers to the scope of the Supreme Court’s power under Article 142 of the Constitution. Article 142 grants the Supreme Court the power to pass any decree or order necessary for doing ‘complete justice’ in any cause or matter pending before it.
– The phrase “prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142” means that the Supreme Court’s power to do complete justice under this article is not limited by existing statutory law. The court can, in certain circumstances, deviate from the provisions of ordinary law if it deems necessary to achieve complete justice in a specific case.
– Option A is incorrect; ECI decisions can be challenged in courts under certain circumstances.
– Option C is incorrect; the power to declare financial emergency by the President requires consultation with the Cabinet.
– Option D is incorrect; this relates to the distribution of legislative powers between Union and States and concurrence is required only in specific instances mentioned in the Constitution.
– Option B accurately reflects the principle that the Supreme Court’s inherent power under Article 142 to ensure complete justice can override the constraints of ordinary statutory law when necessary.

The power under Article 142 is a discretionary power and has been used by the Supreme Court in various situations, such as ordering pavement dwellers’ rehabilitation, dissolving irretrievably broken marriages, or issuing directions to fill lacunae in existing laws. However, the Court has also cautioned against the excessive use of this power and has held that it cannot be used to supplant the law or to pass orders contrary to express provisions of substantive law.

195. Consider the following statements about Particularly Vulnerable Tribal

Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India :

PVTGs reside in 18 States and one Union Territory.
A stagnant or declining population is one of the criteria for determining PVTG status.
There are 95 PVTGs officially notified in the country so far.
Irular and Konda Reddi tribes are included in the list of PVTGs.

Which of the statements given above are correct?

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

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Statements 1, 2 and 4 are correct, while statement 3 is incorrect.

– Statement 1 is correct. Particularly Vulnerable Tribal Groups (PVTGs) are officially recognized as residing in 18 States and one Union Territory (Andaman & Nicobar Islands) in India.
– Statement 2 is correct. A stagnant or declining population is one of the key criteria used by the Government of India to identify and categorize a tribal group as a PVTG. Other criteria include pre-agricultural level of technology, extremely low literacy level, subsistence level of economy, and isolation.
– Statement 3 is incorrect. As per official records, there are 75 PVTGs notified in the country, not 95. They are spread across 18 States and the UT of Andaman & Nicobar Islands.
– Statement 4 is correct. The Irular tribe (primarily found in Tamil Nadu and Kerala) and the Konda Reddi tribe (primarily found in Andhra Pradesh) are both included in the official list of PVTGs.

PVTGs are considered the most vulnerable among tribal groups due to factors like declining population, low literacy, and subsistence economy. The government runs specific schemes for the development and welfare of PVTGs, focusing on areas like education, health, livelihood, and infrastructure.

196. Under which Schedule of the Constitution of India can the transfer of

Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?

[amp_mcq option1=”Third Schedule” option2=”Fifth Schedule” option3=”Ninth Schedule” option4=”Twelfth Schedule” correct=”option2″]

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The transfer of tribal land to private parties for mining can be declared null and void under the Fifth Schedule of the Constitution of India.

– The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas and Scheduled Tribes in any State except Assam, Meghalaya, Tripura, and Mizoram.
– Under the provisions of the Fifth Schedule, the Governor of a State having Scheduled Areas is empowered to make regulations for the peace and good government of such areas. These regulations may, among other things, prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such areas.
– The Supreme Court, in the landmark Samata judgement (1997), interpreted the provisions relating to land transfers in Scheduled Areas and held that transfer of tribal land to non-tribals/private companies for mining is null and void under the laws applicable to Fifth Schedule areas. It directed that mining leases in Scheduled Areas should only be granted to ST cooperatives or state-owned corporations.
– The Third Schedule lists Oaths and Affirmations.
– The Ninth Schedule contains a list of Central and State laws which cannot be challenged in courts on grounds of violation of Fundamental Rights (subject to basic structure review). It was primarily used for land reform laws initially.
– The Twelfth Schedule deals with the powers, authority, and responsibilities of Municipalities.

The Samata judgment is highly significant for protecting tribal rights and resources in Scheduled Areas. It reinforced the special protective provisions enshrined in the Fifth Schedule to prevent the alienation of tribal land.

197. Consider the following statements : 1. The Parliament (Prevention o

Consider the following statements :

1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds 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 is/are correct?

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

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Statements 1 and 2 are correct, while statement 3 is incorrect.

– Statement 1 is correct. The Parliament (Prevention of Disqualification) Act, 1959, is the main law that lists offices of profit that do not disqualify a person from being a Member of Parliament. It exempts various posts from the definition of ‘office of profit’.
– Statement 2 is correct. The Parliament (Prevention of Disqualification) Act, 1959, has been amended several times since its enactment to add or remove offices from the list of exempted posts. It has been amended more than five times.
– Statement 3 is incorrect. The term ‘Office of Profit’ is not defined in the Constitution of India. Article 102(1)(a) for MPs and Article 191(1)(a) for MLAs state that a person shall be disqualified if they hold any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder. The interpretation of ‘office of profit’ has been left to the courts based on various factors.

The concept of ‘Office of Profit’ is rooted in the principle of preventing conflicts of interest between the duties of a legislator and their position in government service. The Supreme Court has laid down various tests to determine whether a post is an ‘office of profit’.

198. Consider the following statements : 1. Coal sector was nationalized

Consider the following statements :

1. Coal sector was nationalized by the Government of India under Indira Gandhi.
2. Now, coal blocks are allocated on lottery basis.
3. Till recently, India imported coal to meet the shortages of domestic supply, but now India is self sufficient in coal production.

Which of the statements given above is/are correct?

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

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Statement 1 is correct, while statements 2 and 3 are incorrect.

– Statement 1 is correct. Coal mining in India was nationalized in phases during the early 1970s under the Prime Ministership of Indira Gandhi. Coking coal mines were nationalized in 1972, and non-coking coal mines in 1973. Coal India Limited (CIL) was formed in 1975 as a public sector undertaking.
– Statement 2 is incorrect. After the Supreme Court cancelled most coal block allocations in 2014 due to irregularities, the government shifted to a policy of allocating coal blocks through auctions for commercial mining and for specific end-uses (like power, steel, cement). Lottery systems were not the primary method for coal block allocation, especially for commercial mining post-2014.
– Statement 3 is incorrect. While India is the second-largest producer of coal globally, it is also a significant importer of coal, particularly coking coal and thermal coal of certain specifications, to meet its domestic demand which outstrips domestic supply capabilities in certain sectors and grades. India is not self-sufficient in coal production in terms of meeting its entire demand.

The nationalization of coal aimed to ensure planned development of the coal sector, conservation of coal resources, and improved safety and working conditions for miners. The recent policy changes involving auctions are aimed at bringing transparency and efficiency to coal block allocation and encouraging private sector participation in commercial mining.

199. The Ninth Schedule was introduced in the Constitution of India during

The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

[amp_mcq option1=”Jawaharlal Nehru” option2=”Lal Bahadur Shastri” option3=”Indira Gandhi” option4=”Morarji Desai” correct=”option1″]

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The Ninth Schedule was introduced during the prime ministership of Jawaharlal Nehru.

– The Ninth Schedule was added to the Constitution of India by the first Amendment Act of 1951.
– Jawaharlal Nehru was the Prime Minister of India from August 15, 1947, to May 27, 1964.
– The First Amendment was enacted in 1951 primarily to address issues related to land reforms and to protect laws related to agrarian reform from judicial challenge on the grounds of violation of fundamental rights. The Ninth Schedule was created to list these laws, initially granting them immunity from judicial review.

Over the years, many Acts were added to the Ninth Schedule, including laws related to land reform, reservation, etc. However, in 2007, the Supreme Court ruled in the I.R. Coelho case that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) are open to judicial scrutiny if they violate the basic structure of the Constitution.

200. Consider the following statements: 1. The motion to impeach a Judge

Consider the following statements:

1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct?

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

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Statements 3 and 4 are correct, while statements 1 and 2 are incorrect.

– Statement 1 is incorrect. As per the Judges (Inquiry) Act, 1968, the Speaker of Lok Sabha (or Chairman of Rajya Sabha) has the power to either admit the motion for impeachment or refuse to admit it if they are of the opinion that it does not comply with the provisions of the Act or is frivolous.
– Statement 2 is incorrect. The Constitution of India (Article 124(4)) specifies that a judge can be removed only on grounds of ‘proved misbehaviour or incapacity’. However, the Constitution does not define what constitutes ‘incapacity and proved misbehaviour’. This has been left to be determined by Parliament through law.
– Statement 3 is correct. The procedure for the investigation and proof of the misbehaviour or incapacity of a Supreme Court or High Court Judge for their removal is laid down in the Judges (Inquiry) Act, 1968.
– Statement 4 is correct. Article 124(4) read with Article 368 of the Constitution specifies that an impeachment motion against a judge requires a special majority: it must be passed by each House of Parliament by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

No Supreme Court judge has been successfully impeached and removed from office in India so far, although impeachment proceedings have been initiated against several judges. The process involves presentation of a motion signed by 100 members of Lok Sabha or 50 members of Rajya Sabha, admission by the presiding officer, investigation by a committee, consideration of the committee’s report by Parliament, and finally, the passing of the removal motion by the prescribed special majority in both Houses.