The Prayas ePathshala

Exams आसान है !

22 May 2023

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Q1. Currently, Armed Forces Special Powers Act (AFSPA) is in effect in the entire State of

  1. Nagaland
  2. Assam
  3. Manipur
  4. Arunachal Pradesh

Select the correct answer code:

  1. 1, 2
  2. 1, 2, 3
  3. 1, 2, 4
  4. 1, 2, 3, 4

   A – EXPLANATION

Currently, AFSPA is in effect in Jammu and Kashmir, Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal) and parts of Arunachal Pradesh.

Q2. Consider the following statements regarding Armed Forces Special Powers Act (AFSPA).

  1. The law is based on the Armed Forces (Special Powers) Ordinance of 1942, which was issued during the Quit India movement.
  2. The power to declare a territory “disturbed” lay exclusively with the Central Government.
  3. The law can be repealed where insurgencies subside, and the region can be managed using the police force.

Which of the above statements is/are correct?

  1. 1, 2
  2. 1, 3
  3. 2, 3
  4. 1, 2, 3

    B – EXPLANATION

AFSPA can be implemented in an area after it has been declared as “disturbed”. The power to declare a territory “disturbed” initially lay with the states, but passed to the Centre in 1972.

Section 3 of AFSPA (in J&K) says that an area can be declared disturbed if it is the “opinion of the Governor or the central government” which “makes the use of armed forces in aid of the civil power necessary”.

The law has been repealed where insurgencies have subsided, and when governments have gained confidence of managing the region using the police force.

Thus, AFSPA was repealed in Tripura in 2015, and in 2018 the Centre also removed Meghalaya from the list, while also restricting its use in Arunachal Pradesh.

The law is based on the Armed Forces (Special Powers) Ordinance of 1942, which was issued during the Quit India movement. Enacted by Parliament on September 11, 1958, AFSPA was first implemented in the Northeast, and then in Punjab.

The Jeevan Reddy Committee formed in 2004 had recommended a complete repeal of the law.

Q3. Consider the following statements.

  1. Article 21-A was inserted in the Constitution of India to provide free and compulsory education to all children in the age group of six to fourteen years.
  2. Article 21A was introduced through a Constitutional Amendment Act, since Article 45 was not realized.

Which of the above statements is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

   C – EXPLANATION

Article 45 in Directive Principles of State Policy stated that the government should provide free and compulsory education to all until the age of 14 within 10 years from the commencement of the Constitution. Since it was not realized, Article 21A was introduced by the 86th Constitutional Amendment Act of 2002.

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

Q4. Consider the following statements.

  1. According to the Indian Constitution, any petition alleging a breach of fundamental rights by the state ought to be judicially decided within one month.
  2. The responsibility for constituting benches and scheduling cases that are due to be heard by larger Benches rests solely with the Chief Justice of India (CJI).

Which of the above statements is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

    B – EXPLANATION

During the framing of the Indian Constitution, it was proposed that any petition alleging a breach of fundamental rights by the state ought to be judicially decided within one month.

While the proposal did not, ultimately, find its way into the text of the Constitution. The responsibility for constituting benches and scheduling cases especially cases that are due to be heard by larger Benches rests solely with the Chief Justice of India (CJI).

Q5.  In the parliament, elected members enjoy the right to seek information from various ministries in the form of starred questions, unstarred questions and short notice questions. In this context, consider the following pairs.

  1. Starred question – The member seeks a written answer, which is deemed to be laid on the table of the House by the concerned minister.
  2. Unstarred question – The member desires an oral answer from the minister and the answer can be followed by supplementary questions from members.
  3. Short notice question – These involve an urgent matter of public importance and a notice of less than 10 days is prescribed as the minimum period for asking such a question.

Which of the above pairs is/are correctly matched?

  1. 1, 2
  2. 1, 3
  3. 3 only
  4. 2, 3

  C – EXPLANATION

What are starred, unstarred and other categories of questions? •

STARRED QUESTION: The member desires an oral answer from the minister. Such a question is distinguished by the MP with an asterisk. The answer can also be followed by supplementary questions from members.

UNSTARRED QUESTION: The MP seeks a written answer, which is deemed to be laid on the table of the House by the concerned minister.

SHORT NOTICE QUESTION: These are on an urgent matter of public importance, and an oral answer is sought. A notice of less than 10 days is prescribed as the minimum period for asking such a question.

QUESTION TO PRIVATE MEMBER: A question can be addressed to a private member under Rule 40 of Lok Sabha’s Rules of Procedure, or under Rule 48 of Rajya Sabha’s Rules, provided that the question deals with a subject relating to some Bill, resolution or other matter for which that member is responsible.

In both Houses, the first hour of every sitting is usually devoted to asking and answering of questions, and this is referred to as the ‘Question Hour’.

Q6. The Lok Sabha Speaker has the authority to decide whether a question or a part of it is not admissible under the norms of the House, and disallow any question or a part. In Lok Sabha, questions are not admitted when

  1. The questions are repetitive or have been answered previously.
  2. The matter is pending for judgment before any court of law.
  3. The matter is under consideration before a Parliamentary Committee.

Select the correct answer code:

  1. 1 only
  2. 1, 2
  3. 1, 3
  4. 1, 2, 3

    D – EXPLANATION

In Lok Sabha, questions that are not admitted include: those  that are repetitive or have been answered previously; and matters that are pending for judgment before any court of law or under consideration before a Parliamentary Committee.

Q7. Consider the following statements.

  1. It requires presidential assent for states notifying changes to OBC categories.
  2. According to Indra Sawhney judgement, under no circumstances the Centre can exceed 50 percent limit on reservations.

Which of the above statements is/are incorrect?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

BEXPLANATION

The Indra Sawhney vs Union of India— also known as the Mandal verdict — capped reservations at 50 percent. The judgment also laid down that the extent of reservation should not cross the 50 percent limit, unless a special case was made out for extraordinary situations and peculiar conditions to relax the rule Article 342A introduced by the 102nd Constitution Amendment Act (2018), requires presidential (Centre’s) assent for states notifying changes to OBC categories.

Q8. Consider the following statements.

  1. Nominated members of the Rajya Sabha have the same rights and privileges as elected members of Rajya Sabha with the right to vote in the election of the President.
  2. The Nominated members of the Rajya Sabha are subjected to disqualification, if they join a political party within six months of being nominated to the House.

Which of the above statements is/are incorrect?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

     C – EXPLANATION

Only elected members of both Houses of Parliament and of the State Legislative Assemblies are members of the Electoral College for Presidential Election. Therefore, nominated members cannot vote in this election.

In 1985 the Tenth Schedule, popularly known as the anti-defection law, was added to the Constitution. The law specifies the circumstances under which changing of political parties by MPs invite action under the law.

The law covers three types of scenarios with respect to an MP switching parties. The first is when a member elected on the ticket of a political party “voluntarily gives up” membership of such a party or votes in the House contrary to the wishes of the party.

The second possibility is when an MP who has won his or her seat as an independent candidate after the election joins a political party.

In both these instances, the MP lose the seat in the House on changing (or joining) a party. The third scenario relates to nominated MPs. In their case, the law specifies that within six months of being nominated to the House, they can choose to join a political party.

Q9. Consider the following statements regarding Privilege motion.

  1. It can be moved only in the Lok Sabha.
  2. The Speaker is the first level of scrutiny of a privilege motion.
  3. Any notice should be relating to an incident of recent occurrence.

Which of the above statements is/are correct?

  1. 1, 2
  2. 1, 3
  3. 2, 3
  4. 1, 2, 3

  C – EXPLANATION

Parliamentary privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”.

When any of these rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.

A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.

A member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof. The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House.

The Speaker/RS chairman is the first level of scrutiny of a privilege motion. The Speaker/Chairman can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.

Q10. Which of the following were primarily related to the Indian education system during the colonial period?

  1. Macaulay minute
  2. Wood’s dispatch
  3. Simon commission
  4. Sadler commission

Select the correct answer code:

  1. 1, 2
  2. 1, 2, 3
  3. 1, 2, 4
  4. 1, 2, 3, 4

  C – EXPLANATION

From Macaulay minute to Wood’s dispatch to several commissions like Sadler commission, 1904 Indian education policy etc., has built the foundation for the Indian education system during the colonial period.

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