UPSC Prelims 2012 Analysis

Explanation

The National Green Tribunal Act, 2010 was indeed enacted in consonance with the Right to a healthy environment, which is construed as a part of the Right to life under Article 21 of the Constitution of India.

The National Green Tribunal Act, 2010 does not have any direct relation with the provision of grants for raising the level of administration in the Scheduled Areas for the welfare of Scheduled Tribes under Article 275(1) of the Constitution of India.

The National Green Tribunal Act, 2010 does not have any direct relation with the powers and functions of Gram Sabha as mentioned under Article 243(A) of the Constitution of India.

Hence only statement 1 is correct.

Explanation

The correct answer is 1, 3 and 4

The President of India is required to present the following reports before both houses of Parliament

1. The Recommendations of the Union Finance Commission (deals with the distribution of revenue between centre and states)
2. The Report of the Comptroller and Auditor General (CAG) (audits government accounts)
3. The Report of the National Commission for Scheduled Castes (works on upliftment of Scheduled Castes)

Note: The Report of the Public Accounts Committee (PAC) is not laid by the President. The PAC is a parliamentary committee that scrutinizes the CAG report.

Explanation

The original jurisdiction of the Supreme Court is the court's authority to hear and decide certain types of cases before they have been heard by any lower court.

The Supreme Court under Article 131 has original jurisdiction over any dispute between the Government of India and one or more States.

The Supreme Court does not have original jurisdiction over disputes regarding elections. These are usually handled by the Election Commission of India and the respective High Courts.

Disputes between the Government of India and a Union Territory are not covered under the original jurisdiction of the Supreme Court.

The Supreme Court has original jurisdiction over any dispute between two or more States.

Therefore, only statements 1 and 4 are correct.

Explanation

1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India. This ensures that the judiciary has a say in its own composition. Thus, statement 1 is correct.

2. The judges of the Supreme Court can only be removed by the President of India on the grounds of proven misbehaviour or incapacity, and that too after an address by the Parliament has been supported by a majority of the total membership of that House and by two-thirds of the members present and voting. Thus, statement 2 is incorrect.

3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote. This provision ensures the financial autonomy of the judiciary and protects it from any kind of legislative pressure or executive influence. Thus, statement 3 is correct.

4. All appointments of officers and staff of the Supreme Court of India are made by the Supreme Court itself. Thus, statement 4 is incorrect.

Explanation

The Rajya Sabha has special powers in these two areas

Authorizing Legislation on the State List (Article 249) It can pass a resolution by a two-thirds majority to empower the Parliament to legislate on a subject in the State List, typically under the control of individual states. This happens if the Rajya Sabha considers it necessary for the national interest.

Creation of All-India Services (Article 312) Through a special resolution with a two-thirds majority, the Rajya Sabha can initiate the creation of new All-India Services. These are elite civil service positions serving both the central government and states, promoting national integration and uniformity in governance.

Options (a), (c), and (d) are not special powers of the Rajya Sabha

Changing state territories or names, amending the President's election procedure and determining their pension and Determining Election Commission functions and the number of commissioners are powers shared by both houses of Parliament.

Explanation

The following of the listed Fundamental Duties are enshrined in the Indian Constitution

• To preserve the rich heritage of our composite culture
• To develop the scientific temper and spirit of inquiry
• To strive towards excellence in all spheres of individual and collective activity

These are all part of the 11 Fundamental Duties added to the Constitution.

While protecting the weaker sections from social injustice is a noble cause, it is not explicitly listed as a Fundamental Duty.

Explanation

The provisions of the Government of India Act 1935, though never implemented fully, had a great impact on the Constitution of India.

The act had the provision of the division of powers into three lists - Federal, Provincial and Concurrent which inspired the current scheme of distribution of powers between the Centre and the States in Union, State and Concurrent List.

Explanation

A joint session of parliament can be called under Article 108 of the constitution if the Rajya Sabha fails to adopt a bill passed by the Lok Sabha. A joint sitting of Parliament is a mechanism to resolve a deadlock between the two houses.

Not all bills can be referred to a joint sitting of Parliament. There are two exceptions.

Money bills, which deal with taxation and spending, can only be originated in the Lok Sabha and the Rajya Sabha has limited powers to suggest amendments. Disagreements are usually resolved through conferences between the houses, not a joint sitting.

Constitutional amendment bills require a special majority in both houses, A joint sitting cannot be called. Therefore, a joint sitting is only used for ordinary bills, which are any bills that don't fall under the category of money bills or constitutional amendment bills.

Explanation

The Thirteenth Finance Commission was tasked with making recommendations on the distribution of tax revenues between the Union and the States for the five years from 2010 to 2015.

1. The Thirteenth Finance Commission did make recommendations regarding the design and implementation of the Goods and Services Tax (GST) and suggested a compensation package for states to offset potential revenue losses from the transition to the GST system.

2. The Finance Commission is not responsible for job creation. Its mandate is to define the financial relations between the central government and the individual state governments.

3. One of the key functions of the Finance Commission is to recommend the principles governing the grants-in-aid to the states out of the Consolidated Fund of India. The Thirteenth Finance Commission also made recommendations for the devolution of a specified share of central taxes to local bodies.

Therefore, 1 and 3 are correct statements.

Explanation

Placing Annual Financial Statement before the Parliament This ensures transparency and allows Parliament to analyze the government's proposed spending.

Withdrawal of money from Consolidated Fund of India only after passing the Appropriation Bill This grants Parliament control over the release of funds.

Provisions of supplementary grants and vote-on-account These mechanisms address unforeseen needs or temporary funding requirements, still requiring Parliamentary approval. Therefore, statements 1,2 and 3 are correct.

There is no parliamentary budget office to review programs of Government. Hence, statement 4 is wrong.

Parliament's approval of the Appropriation Bill and the Finance Bill together authorizes the government's spending plans and revenue-raising measures. Hence, statement 5 is correct.

Explanation

The Gram Sabha in the Panchayat Act was entrusted with wide-ranging powers starting from consultation on land acquisition to that of ownership over minor forest produces and leases minor minerals. Hence statement 2 is correct.

• This particular act extends the provisions of Part IX to the Scheduled Areas of the country.

• PESA brought powers further down to the Gram Sabha level.

• PESA is a law enacted by the Government of India to cover the "Scheduled Areas", which are not covered in the 73rd Constitutional Amendment. Hence statement 1 is correct.

• PESA became operative at a time when the Indian economy was opening up all its frontiers to foreign direct investment.

• Recommendation of Gram Sabha or Panchayat at the appropriate level shall be mandatory for grant of prospecting license or mining lease for minor minerals, not all minerals in the scheduled area. Hence statement 3 is incorrect.

Explanation

The following Gandhian principles are reflected in the Directive Principles of State Policy (DPSP) listed

Organizing village Panchayats Mahatma Gandhi advocated for decentralized governance and empowering villages through strong Panchayati Raj institutions. Promoting cottage industries in rural areas Gandhi emphasized self-sufficiency and upliftment of rural communities. Promoting cottage industries aligned with his vision for village-based economic development.

While the other options are liberal DPSP

• The uniform civil code is not directly linked to Gandhian principles.
• Securing leisure and cultural opportunities is a broader social welfare principle not uniquely Gandhian.

Therefore, the correct answer is 2 and 3 only.

Explanation

The Speaker of the Lok Sabha does not hold office at the pleasure of the President. The Speaker remains in office until the immediate dissolution of the Lok Sabha.

The Speaker has to be a member of the House at the time of his/her election.

If the Speaker wishes to resign, the letter of resignation is indeed addressed to the Deputy Speaker.

Therefore, only 3 is the correct statement about the Speaker

Explanation

Union Territories of Delhi, Puducherry, etc. are represented in Rajya Sabha. So, Statement 1 is incorrect.

Election disputes are decided by High courts & Supreme courts. So, Statement 2 is incorrect.

The President is also part of Parliament as he has to sign bills for them to become Acts. So, Statement 3 is incorrect. Also it is up to court to settle disputes in most of the cases.

So the answer is none, that is option D.

Explanation

Both statements are correct about the Delimitation Commission in India.

Statement 1 is correct The Delimitation Commission's orders are final and have the force of law. This means they cannot be challenged in any court.

Statement 2 is correct Once the Delimitation Commission finalizes its orders and lays them before the Parliament (Lok Sabha) or the respective State Legislative Assembly, these legislative bodies cannot modify the orders. Their role is simply to acknowledge the new delimitation.

Explanation

To allow a discussion on a definite matter of urgent public importance.

An adjournment motion is an extraordinary procedure used to bring the attention of the House to a pressing issue that demands immediate discussion. It prioritizes this urgent matter over the scheduled business of the Parliament.

Explanation

The following provisions of the Indian Constitution have a bearing on Education

Directive Principles of State Policy (Article 45) This article states that the State shall endeavor to provide free and compulsory education for all children until they complete the age of fourteen years.

Rural and Urban Local Bodies (Schedules 11 and 12) These schedules empower Panchayats and Municipalities to handle education-related matters within their jurisdictions.

Seventh Schedule (Concurrent List) This schedule includes "education" in the Concurrent List, allowing both the Central and State governments to make laws on education. Therefore, the correct answer is 1, 2, and 5

Note The Fifth Schedule and Sixth Schedule deal with the administration of tribal areas and do not directly impact education.

Explanation

1. Incorrect The CAG does not exercise direct control over government spending.

2. Correct The CAG's reports are a crucial source of information for the Public Accounts Committee (PAC), a parliamentary committee that scrutinizes government spending. The PAC uses CAG reports to identify areas of inefficiency or waste and hold government departments accountable.

3. Correct CAG reports can uncover financial irregularities or misuse of funds. Law enforcement agencies can use this information to investigate and prosecute those responsible.

4. Incorrect The CAG does not have judicial powers to prosecute offenders. However, it can recommend disciplinary action or further investigation.

Explanation

The Prime Minister need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the Houses within six months