UPSC Prelims 2018 Analysis

Explanation

The Committee on Subordinate Legislation (CSL) is specifically tasked with scrutinizing and reporting on the exercise of delegated powers by the executive branch. They ensure the government is acting within the legal boundaries set by Parliament when creating rules, regulations, etc.

Committee on Government Assurances (A) focuses on tracking the implementation of assurances, and promises made by the government in Parliament.

Rules Committee (C) deals with framing rules for the smooth functioning of the Houses of Parliament (Lok Sabha and Rajya Sabha).

Business Advisory Committee (D) allocates time for different kinds of legislative and other business of the House.

Therefore, only the Committee on Subordinate Legislation directly addresses the scrutiny of delegated powers.

Explanation

Statement 1 is incorrect: As per the RTE Act, the minimum qualification for teachers is set by the National Council for Teacher Education (NCTE), not the state council.

Statement 2 is correct: The RTE Act mandates that candidates must pass the Teacher Eligibility Test (TET) to qualify for teaching primary classes. The NCTE sets the guidelines for conducting this test.

Statement 3 is incorrect: According to the All India Survey on Higher Education (AISHE) 2019-20, approximately 67% of teacher education institutions in India are privately managed, while only around 33% are government-run.

Hence, the correct answer is option (b) 2 only.

Explanation

Statement 1 is correct: The value of the vote of each MLA varies from State to State. The value of an MLA's vote is based on the population of their state relative to the number of MLAs in the state assembly. States with larger populations have a higher value per MLA vote.

Statement 2 is incorrect: Both MPs (Lok Sabha and Rajya Sabha) have the same value for their vote in the presidential election.

Hence, the correct answer is option (c) 1 only.

Explanation

The Aadhaar Act explicitly states that Aadhaar is meant only for identity and residence verification. It does not grant, confirm, or serve as proof of citizenship or domicile status.

While deactivation is temporary, the Unique Identification Authority of India (UIDAI) can deactivate an Aadhaar number under certain conditions. In specific cases, Aadhaar numbers can even be permanently omitted from the database.

Hence, the correct answer is option (d).

Explanation

Right to Privacy and Article 21: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. In the landmark 2017 judgment of K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court of India unanimously held that the right to privacy is an intrinsic part of Article 21. This ruling reinforced privacy as a fundamental right, ensuring protection against unwarranted state and private intrusions.

Part III of the Constitution covers Fundamental Rights, which include:

• Article 19: Right to freedom of speech and expression, freedom of movement, and other essential liberties.
• Article 21: Right to life and personal liberty, which now includes privacy after the Puttaswamy judgment.

Article 14: Ensures equality before the law, but does not explicitly deal with privacy.

Article 17: Abolishes untouchability. Directive Principles of State Policy (DPSPs) are non-enforceable guidelines, not fundamental rights.

Article 24: Prohibits child labor but has no relation to privacy.

Thus, the right to privacy is most closely linked to Article 21 and the freedoms guaranteed in Part III of the Indian Constitution. Hence the correct answer is option (c).

Explanation

Option A is incorrect: When President's Rule is imposed, the State Assembly is not automatically dissolved. It can either be kept in suspended animation or dissolved later through a separate proclamation.

Option B is correct: Under President’s Rule, the legislative powers of the state legislature are transferred to Parliament, which can make laws for the state during this period. This is in line with Article 356, which allows the President to assume state functions when the constitutional machinery breaks down.

Option C is incorrect: Article 19, which guarantees fundamental rights such as freedom of speech, movement, and profession, is not automatically suspended under President’s Rule. Fundamental rights are only suspended during a national emergency under Article 352, not under Article 356.

Option D is incorrect: The President does not directly make laws for the state under Article 356. Instead, Parliament exercises legislative powers on behalf of the state during President’s Rule.

Explanation

Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution).

Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution.

Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles.

Hence, the correct answer is option (a) 1 only.

Explanation

Statement 1 is incorrect. In the first Lok Sabha, the single largest party in the opposition was not the Swatantra Party but the Communist Party of India.

Statement 2 is correct. In the Lok Sabha, a "Leader of the Opposition" was indeed recognized for the first time in 1969.

Statement 3 is incorrect. In the Lok Sabha, if a party does not have a minimum of 75 members, its leader cannot be recognized as the Leader of the Opposition. The requirement is not 75 members but 10% of the total strength of the house, which is 55 members. So, only statement 2 is correct.

Explanation

The most appropriate statement is: If there are no laws, there is no liberty.

Laws provide the foundation for liberty. Without laws, there would be no structured protection of individual rights, leading to a state of anarchy where the strong dominate the weak.

Liberty is meaningful only when protected by law. Laws define acceptable behavior, prevent exploitation, and ensure that one person's freedom does not infringe upon another's.

Explanation

Statement 1 is correct: The Speaker of the Legislative Assembly shall vacate their office if they cease to be a member of the Assembly. This is explicitly provided under Article 179 of the Indian Constitution.

Statement 2 is incorrect: It is incorrect to say that the Speaker vacates office immediately upon the dissolution of the Legislative Assembly.

When the Assembly is dissolved, the Speaker does not vacate office immediately. Instead, the Speaker continues in office until the newly elected Assembly convenes for the first time and elects a new Speaker. This ensures continuity in the legislative process and prevents a vacuum in constitutional functions. So, only the first statement is correct.

Explanation

Under Article 361 of the Indian Constitution, a Governor enjoys immunity from criminal proceedings while in office. No court can initiate proceedings against a Governor during their tenure for acts done in the exercise of their official duties. This provision ensures that the Governor can perform their constitutional responsibilities without fear of legal harassment. However, civil proceedings can be initiated with a two-month prior notice..

As per Article 158, the salary and allowances of a Governor are determined by law and cannot be reduced during their tenure. This provision guarantees the Governor's financial independence, preventing any undue influence on their functioning.

Hence, the correct answer is option (c) Both 1 and 2.

Explanation

The World Justice Project (WJP) is the organization responsible for publishing the Rule of Law Index. This index evaluates and ranks countries based on their adherence to the rule of law in practice, rather than just in theory.

Explanation

The Rule of Law is a fundamental principle of governance that ensures all individuals, institutions, and the State itself are subject to and accountable under laws that are publicly known, equally enforced, and independently adjudicated. Let’s analyze each option in this context:

Limitation of powers: The Rule of Law restricts arbitrary use of power by ensuring that no person or authority, including the government, is above the law. This maintains a system of checks and balances.

Equality before law: A core principle of the Rule of Law is "equality before the law" (Article 14 of the Indian Constitution), ensuring that all individuals, irrespective of rank or status, are treated equally.

People's responsibility to the Government: The Rule of Law primarily focuses on the government's accountability to the people, ensuring that it functions within the legal framework. It does not impose an obligation on citizens to be accountable to the government in the same way.

Liberty and civil rights: The Rule of Law safeguards fundamental rights, protecting individual freedoms, justice, and civil liberties from arbitrary actions of the state.

Hence, the correct answer is option (c) 1, 2 and 4 only.

Explanation

Option A is correct. A Bill shall be deemed a Money Bill if it contains only provisions related to the imposition, abolition, remission, alteration, or regulation of any tax. This statement is correct as per Article 110(1)(a) of the Indian Constitution, which defines the scope of a Money Bill.

Option B is correct. A Money Bill includes provisions regarding the custody of the Consolidated Fund of India or the Contingency Fund of India. This statement is correct. As per Article 110(1)(c) of the Constitution, a Money Bill may contain provisions related to the custody, withdrawal, and audit of funds from these financial accounts.

Option C is incorrect. A Money Bill is concerned with the appropriation of money out of the Contingency Fund of India. This statement is not correct. The Contingency Fund of India is under the disposal of the President of India to meet unforeseen expenditures, and its withdrawal is not governed by a Money Bill. Instead, Article 267(1) of the Constitution provides for its use, and the withdrawal of money from this fund is later regularized through an Appropriation Bill.

Option D is correct. A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India. This statement is correct. As per Article 110(1)(d), provisions regarding government borrowing, the issuance of guarantees, and financial obligations of the Government of India fall within the scope of a Money Bill.

Thus, statements (a), (b), and (d) are correct, while statement (c) is incorrect.

Explanation

Statement 1 is Correct: The Food Safety and Standards Act, of 2006 did supersede the Prevention of Food Adulteration Act, of 1954. It established a more comprehensive framework for ensuring food safety and regulating the food industry in India.

Statement 2 is Incorrect: The Food Safety and Standards Authority of India (FSSAI) is an autonomous body, not under the direct control of the Director General of Health Services. While the Ministry of Health and Family Welfare oversees FSSAI, it functions independently with its own governing board and chairperson.

Therefore, the correct answer is option (a) 1 only.