Lokpal and Important Commissions Archives

21. How could a Public Information Officer receive applications ? Those

How could a Public Information Officer receive applications ?

Those submitted by an applicant by hand.
Those sent by an applicant by E-Mail.
Transferred by another Public Authority.
Forwarded by an Assistant Public Information Officer.

Select the correct answer using the code given below :

1, 2 and 3 only

1 and 4 only

2, 3 and 4 only

1, 2, 3 and 4

This question was previously asked in

UPSC Combined Section Officer – 2024

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A Public Information Officer can receive applications through all four mentioned methods: hand delivery, email, transfer from another public authority, and forwarding by an Assistant Public Information Officer.

Under the Right to Information (RTI) Act, 2005, and subsequent rules and practices:
Statement 1 is correct. Applicants can submit applications directly by hand to the PIO or the designated receiving point of the Public Authority.
Statement 2 is correct. Many public authorities have provisions for receiving RTI applications via email, subject to fulfilling certain requirements like fee payment.
Statement 3 is correct. Section 6(3) of the RTI Act mandates that if an application is made to a Public Authority which does not hold the requested information, the PIO of that authority shall transfer the application to the appropriate Public Authority within five days. Thus, a PIO receives applications transferred from other public authorities.
Statement 4 is correct. Assistant Public Information Officers (APIOs) are designated at sub-divisional or sub-district levels to receive RTI applications and forward them to the respective PIOs or nodal officers. Therefore, PIOs receive applications forwarded by APIOs.

The RTI Act aims to provide a mechanism for citizens to access information held by public authorities. Proper receipt and processing of applications are crucial steps in ensuring timely information dissemination. Public authorities are encouraged to facilitate easy access for applicants through various means, including online portals and designated officers.

22. What is the time limit specified in the RTI Act, 2005 for the Central

What is the time limit specified in the RTI Act, 2005 for the Central / State Information Commissions to decide on complaints ?

15 days

One month

Two months

No such time limit has been specified

This question was previously asked in

UPSC Combined Section Officer – 2024

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The correct option is D because the RTI Act, 2005 does not specify a fixed time limit within which the Central or State Information Commissions must decide on complaints filed before them under Section 18.

While the Act specifies time limits for providing information by PIOs (30 days, or 48 hours in case of life/liberty) and for first appeals (30-45 days), it does not impose a statutory deadline for the Information Commissions to dispose of complaints (Section 18) or second appeals (Section 19).

Although no specific time limit is mandated by the Act for deciding complaints or second appeals by the Information Commissions, they are expected to function efficiently and dispose of cases expeditiously. Delays in disposing of cases by Commissions have been a point of concern, leading to backlogs. The Act focuses on the preliminary stages of the request process having strict timelines.

23. The National Commission for Women was set up as a statutory body in

The National Commission for Women was set up as a statutory body in

January 1990

January 1992

April 1990

April 1992

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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The correct answer is B) January 1992.

The National Commission for Women (NCW) was set up as a statutory body under the National Commission for Women Act, 1990. Although the Act was passed in 1990, the Commission was actually constituted and started functioning in January 1992.

– The National Commission for Women Act, 1990 (Act No. 20 of 1990) received presidential assent on 30th August 1990.
– The first Commission was constituted on 31st January 1992 with Mrs. Jayanti Patnaik as its first Chairperson.
– As a statutory body, the NCW derives its powers and mandate from the Act passed by Parliament, unlike a constitutional body which is established by the Constitution itself.

24. Which Section of the RTI Act, 2005 deals with the protection for work

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

Section 21

Section 22

Section 23

Section 24

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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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.

25. From the date of expiry of the prescribed period, or from the receipt

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 ?

Within 15 days

Within 20 days

Within 25 days

Within 30 days

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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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.

26. The National Human Rights Commission of India is formed under which Ar

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

Article 21

Article 32

Article 356

Article 377

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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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.

27. Which one of the following Articles of the Constitution of India provi

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

Article 124A

Article 124C

Article 124B

Article 124

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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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.

28. Under the RTI Act, 2005, can the applicant seek information through em

Under the RTI Act, 2005, can the applicant seek information through email or electronic means ?

Yes, electronic requests are allowed

No, only physical applications are accepted

Depends on the discretion of the public authority

Electronic requests are allowed, but only for certain types of information

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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Yes, under the Right to Information Act, 2005, an applicant can seek information through electronic means. Section 6(1) of the Act specifies the manner of requesting information: “A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanied by such fee as may be prescribed…”. This explicitly includes “electronic means” as a valid method for submitting an RTI request.

The RTI Act, Section 6(1), allows for requests for information to be made through electronic means.

The inclusion of electronic means reflects the intent of the Act to facilitate easy access to information. Many public authorities now have provisions on their websites for filing RTI requests online, including payment of fees. This method is increasingly common and convenient for applicants. The permissible languages for the request are English, Hindi, or the official language of the area.

29. Which Section of the RTI Act, 2005 empowers the Central Government to

Which Section of the RTI Act, 2005 empowers the Central Government to make rules to carry out the provisions of the Act ?

Section 18

Section 27

Section 30

Section 32

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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Section 27 of the Right to Information Act, 2005 explicitly empowers the Central Government to make rules to carry out the provisions of the Act. Sub-section (1) states, “The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.” Sub-section (2) lists various matters that may be provided for in such rules.

Section 27 grants the Central Government the power to frame rules for the implementation of the RTI Act.

Similarly, Section 28 empowers the State Governments to make rules to carry out the provisions of the Act. Section 18 deals with the powers and functions of the Central and State Information Commissions. Section 30 is about the power to remove difficulties, and Section 32 is the Repeal section. Thus, Section 27 is the specific provision for the Central Government’s rule-making power.

30. Which one of the following Sections of the RTI Act, 2005 provides prot

Which one of the following Sections of the RTI Act, 2005 provides protection to the persons giving information under the Act ?

Section 11

Section 22

Section 24

Section 27

This question was previously asked in

UPSC Combined Section Officer – 2021-22

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Section 11 of the Right to Information Act, 2005 deals with the procedure for disclosing information concerning a third party. While it does not provide a general “whistleblower” type protection to any person giving information to authorities, it offers procedural protection to a third party whose information is requested under the Act. When a Public Information Officer intends to disclose information that relates to or has been supplied by a third party and is considered confidential by that third party, Section 11 requires giving written notice to the third party and providing them an opportunity to make a submission as to whether the information should be disclosed. This ensures the third party’s interests and confidentiality concerns are considered, thus offering a form of protection regarding their information handled under the Act. Among the given options, Section 11 is the most relevant provision offering protection (in this case, procedural protection) to a specific category of persons (“third parties”) whose information is subject to the Act. Other options like Section 22 (overriding effect), Section 24 (exemption for certain organizations), and Section 27 (rule-making power) do not directly provide protection to individuals giving information under the Act in the sense implied by the question.

Section 11 of the RTI Act provides procedural protection to third parties whose confidential information is being considered for disclosure, by allowing them to object to the disclosure.

The RTI Act also includes Section 21 which 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 the Act or any rule made thereunder. This primarily protects public authorities and officers from legal action for actions taken in compliance with the Act. The question asks about “persons giving information”, which, depending on interpretation, could include third parties (covered under Section 11) or officials providing information (covered under Section 21 for good faith actions). Given the options, Section 11 is the only one directly addressing protection related to information concerning specific persons (third parties).