2021-22

Which Section of the RTI Act, 2005 deals with the protection for work done in good faith ?

[amp_mcq option1=”Section 21″ option2=”Section 22″ option3=”Section 23″ option4=”Section 24″ correct=”option1″]

The correct answer is A) Section 21.

Section 21 of the Right to Information Act, 2005 provides protection for action taken in good faith. It states that no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

– Section 22 states that the provisions of the RTI Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
– Section 23 bars courts from entertaining any suit, application or other proceeding in respect of any order made under the Act and no such order shall be called in question otherwise than by way of an appeal under this Act.
– Section 24 exempts certain intelligence and security organisations from the purview of the Act, although information pertaining to allegations of corruption and human rights violations is not excluded.

From the date of expiry of the prescribed period, or from the receipt of communication from the CPIO, what is the time limit for filing of first appeal ?

[amp_mcq option1=”Within 15 days” option2=”Within 20 days” option3=”Within 25 days” option4=”Within 30 days” correct=”option4″]

According to Section 19(1) of the Right to Information Act, 2005, any person who does not receive a decision within the time specified (usually 30 days from request, or 48 hours if concerning life or liberty, or 35 days if routed through Asst. CPIO), or is aggrieved by a decision of the Central Public Information Officer (CPIO) or State Public Information Officer (SPIO), may prefer an appeal to the first appellate authority. This appeal must be filed within thirty days from the expiry of the prescribed period or from the receipt of such a decision.

The RTI Act provides a two-tier appellate mechanism: the first appeal to a senior officer within the same public authority (first appellate authority) and the second appeal to the Central Information Commission or State Information Commission.

The first appellate authority is generally an officer senior in rank to the CPIO/SPIO in the concerned public authority. The first appellate authority must dispose of the appeal within thirty days of the receipt of the appeal or within such extended period not exceeding forty-five days from the date of filing, for reasons to be recorded in writing.

The National Human Rights Commission of India is formed under which Article of the Constitution of India ?

[amp_mcq option1=”Article 21″ option2=”Article 32″ option3=”Article 356″ option4=”Article 377″ correct=”option1″]

The National Human Rights Commission (NHRC) of India is a *statutory* body, not a *constitutional* body. It was established under the Protection of Human Rights Act, 1993, enacted by the Parliament. Therefore, it is not formed under any specific Article of the Constitution. However, if forced to select an option from the provided choices which are all articles, Article 21 (Right to life and personal liberty) is the most relevant fundamental right that the NHRC is primarily concerned with protecting and promoting. While the question is flawed as NHRC is statutory, in some contexts, Article 21 is cited as the foundational principle necessitating such a body. Based on this potential, though incorrect, link often made, Article 21 (Option A) might be the intended answer despite the factual inaccuracy of the question premise.

The NHRC is a statutory body established by an Act of Parliament (Protection of Human Rights Act, 1993), not by the Constitution itself.

Other options like Article 32 provides the right to move the Supreme Court for the enforcement of fundamental rights, Article 356 deals with President’s Rule in states, and Article 377 relates to certain offences. None of these articles provide for the formation of the NHRC. Constitutional bodies like the National Commission for Scheduled Castes (Article 338) or Scheduled Tribes (Article 338A) are directly established by the Constitution, unlike the NHRC.

Which one of the following Articles of the Constitution of India provides for the establishment of a National Judicial Appointments Commission ?

[amp_mcq option1=”Article 124A” option2=”Article 124C” option3=”Article 124B” option4=”Article 124″ correct=”option1″]

The National Judicial Appointments Commission (NJAC) was established by the 99th Constitutional Amendment Act, 2014. This amendment inserted three new articles into the Constitution: Article 124A, Article 124B, and Article 124C. Article 124A specifically provided for the composition of the National Judicial Appointments Commission. Although the 99th Amendment and the NJAC Act were subsequently struck down by the Supreme Court in 2015, Article 124A was the article that constitutionally provided for its establishment.

The NJAC was intended to replace the collegium system for appointing judges to the higher judiciary (Supreme Court and High Courts). Its establishment marked a significant, albeit temporary, attempt to reform the judicial appointments process.

The Supreme Court declared the 99th Amendment unconstitutional, holding that it violated the independence of the judiciary, which is a part of the basic structure of the Constitution. Consequently, the collegium system for judicial appointments was revived. Article 124 deals with the establishment and constitution of the Supreme Court.