UPSC Prelims 2019 Analysis

Explanation

The Fifth Schedule of the Indian Constitution deals with the administration and governance of Scheduled Areas, which are regions with a significant tribal population. It aims to safeguard the rights, culture, and land of tribal communities while preventing their exploitation.

Under this Schedule, the Governor of a state with Scheduled Areas has special powers, including the authority to:

• Declare any law related to the transfer of tribal land as null and void if it is found to violate the interests of the tribal population.
• Prohibit or regulate the transfer of tribal land to non-tribals, ensuring that tribal communities retain control over their ancestral land and resources.

These provisions act as a protective mechanism, preventing tribal communities from being forced or manipulated into selling their land for activities like mining, industries, or large-scale projects without adequate safeguards.

Explanation

Statement 1 is incorrect: The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha cannot reject a motion of impeachment at their discretion. As per the Judges (Inquiry) Act, 1968, if a motion for the removal of a judge is submitted with the required support, the Presiding Officer must constitute a three-member inquiry committee to investigate the charges before any further action is taken.

Statement 2 is incorrect: The terms "incapacity" and "proven misbehaviour", which are grounds for the removal of a judge under Article 124(4) of the Constitution, are not explicitly defined in the Constitution. Their interpretation has evolved through judicial pronouncements and parliamentary discussions.

Statements 3 is correct: The constitutional provisions related to the removal of judges are found in Articles 124(4), 124(5), 217, and 218. Additionally, the process is governed by the Judges (Inquiry) Act, 1968, which outlines the procedural framework for investigating misconduct and incapacity.

Statement 4 is correct: As per Article 124(4) of the Constitution, for a motion seeking the removal of a Supreme Court or High Court judge to proceed, it must be passed by:

• A majority of the total membership of the House, and
• A majority of not less than two-thirds of the members present and voting.

Explanation

Statement 1 is correct: As per Section 3(e) of the MMDR Act, 1957, sand is classified as a ‘minor mineral’ along with other minerals such as gravel, clay, marble, and limestone.

Statement 2 is incorrect: The power to make rules regarding the grant of minor minerals lies with State Governments, not the Central Government. Under Section 15 of the MMDR Act, State governments can frame rules related to the extraction, leasing, and transportation of minor minerals. However, the central government regulates major minerals like coal, iron ore, and bauxite.

Statement 3 is correct: The MMDR Act empowers state governments to make rules to regulate the grant of mining leases and other mineral concessions in respect of minor minerals, which includes the power to frame rules to prevent illegal mining of minor minerals.

Explanation

Article 142 of the Indian Constitution empowers the Supreme Court to pass orders and decrees necessary to ensure "complete justice" in any case before it. This power is vast and extraordinary.

Article 142 allows the Supreme Court to ensure that ordinary laws comply with the Constitution and that complete justice is delivered. Even if an ordinary law creates limitations, the Supreme Court can override it using Article 142 to achieve a just outcome.

Explanation

In India, the independent regulators in sectors like telecommunications, insurance, electricity, etc. are reviewed by the Ad Hoc Committees set up by the Parliament and the Parliamentary Department Related Standing Committees. The role of these committees is to ensure that the regulators are performing their duties effectively and in the best interest of the public.

The Finance Commission, Financial Sector Legislative Reforms Commission, and NITI Aayog do not have the mandate to review the independent regulators.

Hence, only 1 and 2 are the correct option codes.

Explanation

Statement 1 is Incorrect: The 44th Amendment actually aimed to reverse the provision introduced by the 39th Amendment, which had placed the elections of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha beyond judicial review. The 44th Amendment restored the power of judicial review for these elections.

Statement 2 is Correct: The Supreme Court of India struck down the 99th Constitutional Amendment Act, 2014, in 2015 in the case of Supreme Court Advocates-on-Record Association v. Union of India. This amendment sought to replace the Collegium system with the National Judicial Appointments Commission (NJAC) for appointing judges to the Supreme Court and High Courts. The Court held that the NJAC undermined judicial independence, a part of the basic structure doctrine, and was therefore unconstitutional.

Explanation

Statement 1 is Correct: The Parliament (Prevention of Disqualification) Act, 1959 was enacted to prevent disqualification of MPs and MLAs due to holding certain offices that are considered essential for governance. This Act exempts specific posts from disqualification under the Office of Profit clause, ensuring that legislators can hold certain government-appointed positions without losing their seats.

Statement 2 is Correct: The 1959 Act has been amended 5 times to expand the list of exempted offices.

Statement 3 is Incorrect: The Constitution of India does not explicitly define the term "Office of Profit." Instead, Articles 102(1)(a) and 191(1)(a) state that a person shall be disqualified from being a Member of Parliament or a State Legislature if they hold an Office of Profit under the government.

Explanation

Article 21: This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." Over the years, the Supreme Court of India has expanded the scope of personal liberty to include various fundamental rights, including the right to marry a person of one's choice.

Shamima Begum vs. State of Assam (2018): The court ruled that a woman has the right to marry a person of her choice, reinforcing that personal decisions related to marriage fall under individual autonomy and personal liberty as guaranteed by Article 21.

Hadiya's case (Shafin Jahan vs. Asokan K.M): The Supreme Court upheld the right to marry as a fundamental right under Article 21. It ruled that an adult woman is free to make decisions regarding her marriage, rejecting attempts to interfere in personal choices. The court emphasized that state or societal disapproval cannot restrict an individual’s right to marry.

Explanation

The Ninth Schedule was introduced by the First Constitutional Amendment Act, 1951 to protect certain laws, particularly those related to land reforms, from judicial review.

Prime Minister Jawaharlal Nehru introduced the Constitution (First Amendment) Bill in the Lok Sabha in 1951. This amendment aimed to safeguard progressive socio-economic legislation from being struck down by courts on the grounds of violating fundamental rights, particularly the right to property under Article 31 (which was later repealed by the 44th Amendment in 1978).

Explanation

The Sarkaria Commission was established by the Government of India in 1983 to review Centre-State relations and recommend improvements. One of its key areas of focus was the appointment of Governors.

Recommendations on the Appointment of Governor:

• The Governor should be an eminent person with a distinguished record in public life.
• The person must be from outside the State to ensure impartiality in administration.
• The Governor should not have participated in active politics for some time prior to the appointment.
• He should be a detached figure, not closely linked to local politics, to maintain neutrality.
• The appointment process should involve wider consultation, including the Chief Minister of the State, the Vice President of India, and the Speaker of the Lok Sabha.

These recommendations were aimed at ensuring that the Governor functions as an independent and neutral constitutional authority, rather than a political appointee of the ruling party at the Centre.

Explanation

Statement 1 is correct: Article 176(1) of the Indian Constitution mandates that the Governor shall address both Houses of the State Legislature at the commencement of the first session after each general election to the State Assembly and at the commencement of the first session of each year. The Governor's address outlines the government’s policies, legislative agenda, and key priorities. This address is similar to the President’s address to Parliament under Article 87.

Statement 2 is correct: When there is no rule on a particular subject in the State Legislature, under a convention since colonial times, state legislatures follow the rules of the Lok Sabha.

Explanation

Statement 1 is incorrect. High Courts have the power to declare central laws unconstitutional. This power is derived from their inherent jurisdiction to uphold the Constitution.

Statement 2 is incorrect. While the Supreme Court cannot question the amending power of the Parliament, it can review the constitutional validity of an amendment. The landmark case of Kesavananda Bharati v. State of Kerala established the doctrine of the 'basic structure' of the Constitution. Any amendment that violates this basic structure can be declared unconstitutional by the Supreme Court.

Explanation

Liberty is a fundamental concept in political philosophy and governance, ensuring that individuals have the freedom to act, think, and express themselves without undue restrictions while maintaining societal order. However, liberty does not mean absolute freedom but rather a balanced framework that allows personal development within the limits of law and respect for others' rights.

Protection against tyranny: While democratic institutions and laws protect individuals from oppression, liberty is not just about protection from tyranny; it also involves active freedom to pursue one's potential.

Absence of restraint: Absolute freedom can lead to anarchy and the violation of others' rights. Laws and regulations ensure that individual liberties do not infringe on the rights of others.

Opportunity to do whatever one likes: True liberty is not unrestricted freedom but freedom within legal and moral constraints. If everyone had complete freedom, conflicts would arise due to overlapping interests and lack of accountability.

Opportunity to develop oneself fully: This definition captures the essence of liberty in a polity. It implies the freedom to make choices, pursue goals, and express oneself without undue restrictions. This allows individuals to reach their full potential and contribute to society.