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 correct The RTE Act mandates passing a Teacher Eligibility Test (TET) for teaching primary classes, and the National Council for Teacher Education (NCTE) lays down the guidelines for conducting this test.

As per the All India Survey on Higher Education (AISHE) 2019-20, out of the total number of teacher education institutions in India, around 67% are privately managed, and only around 33% are government-managed. Hence, statement 3 is incorrect.

Explanation

Only the first statement 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.

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

Explanation

Neither of the statements are correct.

Aadhaar card is not proof of citizenship or domicile The Aadhaar Act itself clarifies that Aadhaar is only for identity and residence verification. It doesn't confer or prove citizenship or domicile status.

Aadhaar number can be deactivated or omitted While deactivation is temporary, the issuing authority (UIDAI) can deactivate an Aadhaar number in certain situations. Additionally, under specific circumstances, Aadhaar numbers can be permanently omitted from the database.

Explanation

The correct answer is (c) Article 21 and the freedoms guaranteed in Part III.

• Article 21 guarantees the right to life and personal liberty.
• The 2017 landmark judgment in K.S. Puttaswamy (Retd) vs Union of India established that the right to privacy is an intrinsic part of Article 21.
• Part III of the Indian Constitution deals with Fundamental Rights, which include crucial rights like freedom of speech and expression. Let's analyze the other options

(a) Article 14 deals with equality before the law, not directly related to privacy. (b) Article 17 abolishes untouchability, not privacy. Directive Principles are guidelines, not enforceable rights. (d) Article 24 prohibits child labor.

Explanation

Let's analyze each option with respect to Article 356

(a) Incorrect The state assembly is not automatically dissolved under the President's rule. It can be suspended, but a proclamation is required for dissolution.

(b) Correct When President's rule is imposed, the legislative power of the state shifts to the Parliament. Parliament can enact laws for the state during this period.

(c) Incorrect Article 19, guaranteeing fundamental rights, is not automatically suspended under the President's rule.

(d) Incorrect The President cannot directly make laws for the state under Article 356. Laws are made by the Parliament during the President's rule.

Explanation

The Ninth Schedule is a part of the Constitution (Inserted through 1st Amendment) that lists laws exempt from judicial review on the grounds of violating fundamental rights (protected under Part III). Hence, statement 1 is correct.

Laws can still be challenged if they violate the basic structure of the Constitution (a doctrine established in the Kesavananda Bharati case). Laws added to the Ninth Schedule after the basic structure doctrine was established (April 24, 1973) are susceptible to such challenges. (I.R. Coelho Case)

Therefore, while the Ninth Schedule offers protection, it's not absolute. The Supreme Court can still review laws for adherence to the Constitution's core principles. Hence, statement 2 is incorrect.

Explanation

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

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

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. This statement is incorrect. The requirement is not 75 members but 10% of the total strength of the house, which is 55 members.

So, only the statement 2 is correct.

Explanation

The most appropriate relationship between law and liberty is reflected in (b) If there are no laws, there is no liberty.

Without laws, there's no framework for protecting individual rights. People could be subject to the whims of others, leading to a situation where the strong dominate the weak. This wouldn't be considered liberty. Laws, however, should be designed to protect liberty, not restrict it unnecessarily. They should establish clear boundaries for acceptable behavior and ensure everyone can exercise their freedoms without infringing on those of others.

Other options. (a) Not always true. While some laws might restrict specific freedoms, others exist to safeguard them. A well-crafted legal system can enhance liberty. (c) Doesn't directly address the relationship. While ideally, laws should reflect the will of the people, the statement doesn't explain how this impacts liberty. (d) Frequency of change is a separate issue. Frequent changes can be disruptive, but stability shouldn't come at the cost of outdated laws hindering liberty.

Therefore, while a balance is important, a complete absence of law undermines liberty.

Explanation

The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly. This statement is correct. As per Article 179 of the Constitution of India, the Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.

Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately. This statement is incorrect. When the Legislative Assembly is dissolved, the Speaker does not vacate his/her office immediately. The Speaker continues in office till the newly elected Assembly meets for the first time.

So, only the first statement is correct.

Explanation

Immunity from prosecution Governors in India enjoy immunity from criminal proceedings while they are in office. This is established by Article 361 of the Indian Constitution. This provision aims to ensure the Governor can perform their duties without fear of legal harassment.

Fixed emoluments The salary and allowances of the Governor are determined by the law and cannot be reduced during their term. This is outlined in Article 158 of the Constitution. This provision aims to ensure financial independence for the Governor.

So, both statements accurately reflect the legal protections afforded to Governors in India.

Explanation

The World Justice Project (WJP) is the organization that releases the Rule of Law Index. This index measures how well countries adhere to the rule of law in practice.

Explanation

The "Rule of Law" is a fundamental principle of governance stating that all persons, institutions, and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. Let's evaluate each option

Limitation of powers This is a key feature of the Rule of Law. It ensures that no individual or group has absolute power and that all are subject to the law.

Equality before law This is another crucial aspect of the Rule of Law, which ensures that all individuals are treated equally under the law, regardless of their status or position.

People's responsibility to the Government This is not a feature of the Rule of Law. The Rule of Law is about the government's responsibility to its citizens, not the other way around.

Liberty and civil rights The Rule of Law is designed to protect individual liberties and civil rights. So, this is also a key feature of the Rule of Law.

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

Explanation

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

(b) A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India. This statement is also correct. A Money Bill does deal with the custody of these funds.

(c) 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 at the disposal of the President to meet unforeseen expenditure. Money Bills do not deal with the appropriation of money out of this fund.

(d) 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. A Money Bill does deal with these matters.

Explanation

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.

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, only statement 1 regarding the replacement of the earlier act is accurate.