The Parliamentary Act Archives

141. 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″]

This question was previously asked in

UPSC IAS – 2019

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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’.

142. Consider the following statements: The Food Safety and Standards Act

Consider the following statements:

The Food Safety and Standards Act, 2006 replaced the Prevention of Food Adulteration Act, 1954.
The Food Safety and Standards Authority of India (FSSAI) is under the charge of Director General of Health Services in the Union Ministry of Health and Family Welfare.

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″]

This question was previously asked in

UPSC IAS – 2018

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The correct answer is A) 1 only.

– Statement 1 is correct. The Food Safety and Standards Act, 2006 is an Act of Parliament of India which consolidates the laws relating to food and establishes the Food Safety and Standards Authority of India. It repealed several earlier laws, including the Prevention of Food Adulteration Act, 1954, the Fruit Products Order, 1955, the Meat Food Products Order, 1973, etc.
– Statement 2 is incorrect. The Food Safety and Standards Authority of India (FSSAI) is an autonomous statutory body established under the FSSA, 2006. While it functions under the administrative control of the Ministry of Health & Family Welfare, its head is a Chairperson appointed by the Central Government. The Director General of Health Services (DGHS) is a separate position within the Ministry of Health & Family Welfare and is not in charge of the FSSAI.

The FSSAI is responsible for protecting and promoting public health through the regulation and supervision of food safety. It sets standards for food products and regulates their manufacture, storage, distribution, sale, and import.

143. Consider the following statements: 1. As per the Right to Education

Consider the following statements:

1. As per the Right to Education (RTE) Act, to be eligible for appointment as a teacher in a State, a person would be required to possess the minimum qualification laid down by the concerned State Council of Teacher Education.
2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines.
3. In India, more than 90% of teacher education institutions are directly under the State Governments.

Which of the statements given above is/are correct ?

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

This question was previously asked in

UPSC IAS – 2018

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The correct answer is B) 2 only.

– Statement 1 is incorrect. As per the Right to Education (RTE) Act, 2009 (Section 23), the minimum qualifications for a person to be eligible for appointment as a teacher shall be laid down by an academic authority, authorized by the Central Government, by notification. The National Council for Teacher Education (NCTE) was designated as this academic authority. State Governments must adhere to the norms laid down by the NCTE.
– Statement 2 is correct. Section 23(2) of the RTE Act mandates that a person appointed as a teacher in elementary education must pass a Teacher Eligibility Test (TET) conducted in accordance with the guidelines framed by the NCTE.
– Statement 3 is incorrect. A significant proportion of teacher education institutions in India, including B.Ed. colleges, are run by private bodies. Many are affiliated with state universities, but they are not “directly under” the state governments. Claiming more than 90% are directly under state governments is factually incorrect.

The RTE Act, 2009 aims to provide free and compulsory education to all children between the ages of 6 and 14 years. It lays down norms and standards for schools, including teacher qualifications and pupil-teacher ratios, to ensure quality education.

144. With reference to the ‘Prohibition of Benami Property Transactions Act

With reference to the ‘Prohibition of Benami Property Transactions Act, 1988 (PBPT Act)’, consider the following statements:

1. A property transaction is not treated as a benami transaction if the owner of the property is not aware of the transaction.
2. Properties held benami are liable for confiscation by the Government.
3. The Act provides for three authorities for investigations but does not provide for any appellate mechanism.

Which of the statements given above is/are correct?

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

This question was previously asked in

UPSC IAS – 2017

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Statement 1 is incorrect. A benami transaction, as defined by the Prohibition of Benami Property Transactions Act, 1988 (PBPT Act) as amended in 2016, typically involves a property held by one person (the benamidar) for the benefit of another person (the beneficial owner). The definition focuses on the *nature* of the transaction and the *real* ownership, not whether the benamidar is aware that the transaction is legally considered ‘benami’. Awareness might be relevant in proving intent or defence, but the transaction can still be treated as benami regardless of the benamidar’s full understanding of its legal implications.
Statement 2 is correct. The PBPT Act explicitly provides for the confiscation of benami properties by the Adjudicating Authority, after due process, once the property is determined to be benami.
Statement 3 is incorrect. The amended PBPT Act establishes various authorities for investigation (Initiating Officer, Approving Authority) and adjudication (Adjudicating Authority). Crucially, the Act also provides for an appellate mechanism, the Appellate Tribunal, to hear appeals against the orders of the Adjudicating Authority. Further appeals can be made to the High Court.

– The PBPT Act deals with property held in the name of one person where the consideration has been paid by another person, with certain exceptions.
– Benami properties are subject to confiscation by the government.
– The Act provides for investigative, adjudicating, and appellate authorities.

The PBPT Act was originally passed in 1988 but remained largely ineffective. It was significantly amended in 2016, renaming it the Prohibition of Benami Property Transactions Act, 1988 (as amended in 2016) and strengthening its provisions regarding definition, authorities, and penalties. The amendment aimed to curb black money and illegal property holdings.

145. With reference to the ‘Gram Nyayalaya Act’, which of the following sta

With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct?

1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.
2. The Act allows local social activists as mediators/reconciliators.

Select the correct answer using the code given below.

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

This question was previously asked in

UPSC IAS – 2016

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The Gram Nyayalayas Act, 2008, was enacted by the Parliament of India to provide for the establishment of Gram Nyayalayas (Village Courts) at the grassroots level for the purpose of providing access to justice to the citizens at their doorstep.

Statement 1 is incorrect. As per the Act, Gram Nyayalayas have jurisdiction over both civil and criminal cases. They can hear petty criminal cases, civil disputes, and cases under certain specific acts.
Statement 2 is correct. The Act explicitly provides for the appointment of conciliators from among local social workers, who can assist the Nyayalaya in amicable settlement of disputes.

Gram Nyayalayas are presided over by a Nyayadhikari, who is appointed by the State Government in consultation with the High Court and holds the rank of a Judicial Magistrate of the First Class. Their proceedings are expected to be summary in nature.

146. Which of the following are provided in India by the Right to Education

Which of the following are provided in India by the Right to Education Act?
1. Right of children to free and compulsory education till completion of elementary education in a neighbourhood school
2. Prohibition of deployment of teachers for non-educational works, other than decennial census, elections to local authority like State Legislatures, Parliament, and disaster relief
3. Right of minorities to establish and administer education institution
4. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them

Select the correct answer using the code given below:

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

This question was previously asked in

UPSC CAPF – 2015

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The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) provides for:
1. The right of children aged 6-14 to free and compulsory education till completion of elementary education in a neighbourhood school (Section 3).
2. Prohibition of deployment of teachers for non-educational works, except for decennial census, disaster relief, and election duty (Section 27).
Statements 3 (Right of minorities to establish and administer educational institutions) and 4 (Non-discrimination in admission based on identity) are fundamental rights guaranteed by Articles 30 and 29(2) of the Constitution, respectively. While the principles are relevant to the education system regulated by RTE, the rights themselves are provided by the Constitution, not the RTE Act.

The RTE Act operationalized the fundamental right to education enshrined in Article 21A of the Constitution. It lays down the norms and standards for elementary schools and specifies the duties of governments, local authorities, parents, and schools.

Section 12(1)(c) of the RTE Act mandates that specified categories of schools (like private unaided schools) reserve 25% of seats for children belonging to weaker sections and disadvantaged groups. The Act also prohibits physical punishment and mental harassment (Section 17), screening procedures for admission (Section 13), and capitation fees (Section 13).

147. Which of the following is the objective of the Institutes of Technolog

Which of the following is the objective of the Institutes of Technology (Amendment) Bill 2010 passed by the Lok Sabha in March 2011 ?

[amp_mcq option1=”To allow IITs to launch courses in non-engineering disciplines like Medicine and Economics” option2=”To provide IITs autonomy in administration and faculty appointments” option3=”To allow IITs to set up campuses overseas” option4=”To provide IIT status to eight new institutions” correct=”option4″]

This question was previously asked in

UPSC CAPF – 2011

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The objective of the Institutes of Technology (Amendment) Bill 2010, passed by the Lok Sabha in March 2011, was to provide IIT status to eight new institutions.

The Bill sought to amend the Institutes of Technology Act, 1961, which governs the Indian Institutes of Technology (IITs). The primary purpose of the 2010 amendment was to integrate eight new centrally funded institutes of technology into the fold of the IIT Act, formally designating them as IITs. These were the new IITs established across different states during the 11th Five Year Plan (2007-2012).

The eight institutions that were granted IIT status through this amendment were IIT Bhubaneswar, IIT Hyderabad, IIT Rajasthan (later IIT Jodhpur), IIT Patna, IIT Gandhinagar, IIT Ropar, IIT Mandi, and IIT Indore. The Bill was passed by the Lok Sabha in March 2011 and subsequently by the Rajya Sabha, becoming an Act.

148. Consider the following statements: 1. According to the Mines and Mi

Consider the following statements:

1. According to the Mines and Minerals (Development and Regulation) Amendment Act, 2015, the State Governments are not empowered to grant mining leases of major minerals.
2. The Mines and Minerals (Development and Regulation) Act, 1957 specifies the scope, period, and other conditions of mining leases of minor minerals.

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=”option4″]

This question was previously asked in

UPSC CAPF – 2010

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Let’s examine each statement:
1. According to the Mines and Minerals (Development and Regulation) Amendment Act, 2015, the State Governments are not empowered to grant mining leases of major minerals. This statement is incorrect. The 2015 amendment mandated auction for the grant of mining leases and prospecting licenses for major minerals. While the process changed to auction (conducted by the state or central government depending on the mineral), the power to *grant* the lease based on the auction results still largely rests with the State Government (as per Section 11 of the MMDR Act, 1957, which requires the grant to be made to the successful bidder). State Governments are indeed empowered to grant these leases following the prescribed auction procedure.
2. The Mines and Minerals (Development and Regulation) Act, 1957 specifies the scope, period, and other conditions of mining leases of minor minerals. This statement is incorrect. Section 15 of the MMDR Act, 1957 empowers the *State Governments* to make rules for regulating the grant of mining leases and other concessions in respect of *minor minerals* and for purposes connected therewith. The Act itself lays down the framework, but the detailed specification of scope, period, conditions, etc., for minor minerals is done by the respective State Governments through rules made under Section 15.

– The MMDR Act, 1957 regulates the mining sector in India.
– The 2015 amendment primarily reformed the grant process for major minerals, making auction mandatory.
– Regulation of minor minerals is largely delegated to the State Governments under Section 15 of the Act, allowing them to frame rules regarding their grant, scope, period, and conditions.

The distinction between major and minor minerals is defined under the MMDR Act. Schedule I of the Act lists certain minerals that are subject to central regulation regarding prospecting licenses and mining leases (like coal, atomic minerals). For other major minerals, State Governments are the primary regulators, subject to the provisions of the Central Act and rules made thereunder.

149. 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″]

This question was previously asked in

UPSC CAPF – 2010

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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.

150. Which of the following provisions is/are not directly covered in the d

Which of the following provisions is/are not directly covered in the definition of Domestic violence under the ‘Protection of Women from Domestic Violence Act, 2005’ ?

[amp_mcq option1=”Physical harm causing physical injury or pain to women” option2=”Mental injury such as emotional abuse, insult, harassment, repeated threats, demand for dowry, sexual abuse etc.” option3=”Non-sharing of house-hold work, non-caring attitude for children, unhealthy habits of living, late coming etc. (of the male partner)” option4=”Deprivation of economic or financial resources” correct=”option3″]

This question was previously asked in

UPSC CAPF – 2009

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The Protection of Women from Domestic Violence Act, 2005 defines “domestic violence” broadly but specifically categorizes it into physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. Options A, B (parts of it), and D clearly fall under these categories. Option C describes general behavioral issues like non-sharing of household work, non-caring attitude, unhealthy habits, and late coming. While these might cause distress, they are not directly covered as specific forms of ‘abuse’ under the Act’s definition of domestic violence unless they constitute or lead to one of the defined categories of abuse (e.g., non-provision of maintenance might fall under economic abuse, but simply not doing housework is not typically covered).

The definition of domestic violence under the 2005 Act is specific and categorized, not covering general marital disagreements or undesirable habits unless they constitute defined forms of abuse.

The Act provides a civil remedy for victims of domestic violence, allowing them to seek protection orders, residence orders, monetary relief, custody orders, and compensation orders from a Magistrate. It is meant to protect women from various forms of abuse within a domestic relationship.