UPSC Prelims 2021 Analysis

Explanation

Option A is correct. In a federal system, power is distributed between the central government and the states. There can be disputes about the division of power or interpretation of the Constitution. An independent judiciary acts as an impartial umpire to settle these disputes and uphold the Constitution. It ensures that both the central government and the states function within their constitutional boundaries.The other options, while relevant to Indian polity, are not exclusive to federal systems

Option B is incorrect. The Union Legislature having elected representatives from constituent units This is a common feature in both federal and some unitary states with devolved power.

Option C is incorrect. The Union Cabinet having elected representatives from regional parties This is not a defining characteristic of federalism. Political party affiliation doesn't necessarily determine the federal structure.

Option D is incorrect. The Fundamental Rights being enforceable by Courts of Law While essential for a democracy, this feature exists even in some non-federal states.

Explanation

Previously a Fundamental Right

• Before 1978, the Indian Constitution guaranteed the right to property as a fundamental right under Article 19(1)(f) and Article 31.
• This meant citizens had the right to acquire, hold, and dispose of their property.
• Article 31 also ensured that the government couldn't take over private property without due compensation and for public purposes only.

Change in 1978

• The 44th Amendment Act of 1978 changed the status of the Right to Property.
• Articles 19(1)(f) and 31 were removed from the list of fundamental rights.
• A new Article, 300-A, was introduced under Part XII of the Constitution.

Current Status A legal right available to any person.

• Article 300-A states, "No person shall be deprived of his property save by authority of law."
• This means the government can still acquire private property, but only under legal authorization.
• The law should be fair and reasonable, and the government has the power to decide the quantum of compensation.

Explanation

Statement 1 is incorrect. Sh. N. Gopalaswamy Ayyangar, in his Report namely Reorganization of the Machinery of Central Government in 1950 recommended for the grouping of ministries, improvement in the capabilities of the personnel, and also in the working of the O&M Division. It nowhere mentions that a minister and a secretary be designated solely for pursuing the subject of administrative reform and promoting it.

Statement 2 is correct. In 1970, based on the recommendations of the Administrative Reforms Commission, the Department of Personnel was set up in the Cabinet Secretariat. It was placed under the Prime Minister's Office.

Explanation

Right to the city is a holistic approach to improving the quality of everyday life in cities.

Statement 1 is correct. The right to the city is at the heart of the New Urban Agenda agreed at Habitat III. UN-Habitat partners with national and local governments, academia, civil society, and the private sector in the implementation and monitoring of the commitment made under the New Urban Agenda and SDG 11.

The Universal Declaration of Human Rights commits to social justice through the promotion, defense, and fulfillment of all human rights related to habitat, including the Human Right to Adequate Housing, Land, and the Right to the City in every region of the world.

Statement 2 is also correct. The Right to the City is the right of all inhabitants (present and future, permanent and temporary) to inhabit, use, occupy, produce, transform, govern, and enjoy cities, towns, and human settlements that are just, inclusive, safe, sustainable and democratic, defined as common goods for enjoying life with dignity and peace. The right to the city further implies responsibilities on governments and people to claim, defend, and promote this right.

Statement 3 is incorrect. The Right to the City does not mean the guarantee of any public service or facility to the unauthorized colonies in a city. It guarantees the common goods and services which are essential for the quality of life.

Therefore, only two statements are correct.

Explanation

The right to privacy in India is not explicitly mentioned in a single article of the Constitution. However, it is considered an intrinsic part of the fundamental right to life and liberty guaranteed under Article 21.

This recognition came about through a landmark Supreme Court judgment in 2017, K.S. Puttaswamy (Retd) vs Union of India. The court ruled that the right to privacy is an inseparable part of the right to life and personal liberty, and is protected under Article 21.

Explanation

A comprehensive definition of state should include following elements

A community of people permanently occupying a definite territory This establishes the physical foundation of the state - a population and a defined geographical area.

Possessing an organized government This highlights the presence of a central authority that governs the population within the territory.

Independent of external control (sovereignty) This emphasizes the state's autonomy in exercising its power within its territory.

Explanation

Parole is not an absolute right in India. There's a consideration process involved. While a prisoner can present their case for parole, the authorities have the discretion to grant or deny it. Hence, Statement 1 is incorrect.

State governments do have their own set of rules governing parole within the broad framework provided by the Prison Act, of 1894 and the Prisoner Act, of 1900. Hence, Statement 2 is correct.

Explanation

At the national level, the Ministry of Tribal Affairs is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

Explanation

The legislation described would violate Article 14 of the Indian Constitution.

Article 14 guarantees Equality Before Law and Equal Protection of Laws. This means that laws must be applied fairly and consistently, and everyone should be treated equally under the law.

Legislation that gives unchecked power to the executive or administration to apply the law violates this principle.

Option B is incorrect. Article 28 is related to the right to freedom of religion.

Option C is incorrect. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Article 32 affirms the right to move the Supreme Court if a fundamental right is violated. Under this article, the Supreme Court can issue writs for the enforcement of any of the fundamental rights of the citizens.

Option D is incorrect. Article 44 provides for one of the Directive Principles of State Policy. Article 44 says that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

Explanation

A constitutional government seeks to limit and regulate the exercise of political power by the government. Constitutional government is by definition limited government. It means government is conducted according to rules and principles, which are binding on all political actors.

Therefore constitutional government helps to constrain the unfettered exercise of power by separating or dividing it. The constitutional government provides a framework in which the government can be both responsible and representative managing conflicts, Protecting the rights, promoting participation, and maintaining the security of the citizens.

Explanation

Statement 1 is incorrect Police Custody means that the police have the physical custody of the accused while Judicial Custody means an accused is in the custody of the concerned Magistrate. In Police custody, the accused is lodged in a police station lockup while in Judicial Custody, he is locked up in the jail.

Statement 2 is correct During Judicial Custody, the police officer in charge of the case is not allowed to interrogate the suspect. However, the court may allow the interrogations to be conducted if it opines the interrogation is necessary under the facts produced before the court. However, during police custody, the police officer in charge of the case may interrogate the suspect.

Explanation

Statement 1 is Correct The key difference lies in Parliamentary Supremacy. In the British model, Parliament is considered sovereign. This means its legislative powers are supreme, and its laws cannot be challenged by any other body. In India, the Constitution is supreme. Parliament's power to legislate is limited by the Constitution. The judiciary can review laws passed by Parliament and strike them down if they violate the Constitution.

Statement 2 is also Correct This is a specific example of the limitation on Parliament's power in India. The Constitution Bench of the Supreme Court has the authority to review amendments made to existing laws (Acts) and determine if they are constitutional. This power of judicial review ensures the Constitution remains the supreme law.

Explanation

The exact constitutional status of India on 26th January 1950 was a Sovereign Democratic Republic.

• The Constitution of India was adopted on 26th November 1949, but it came into effect on 26th January 1950.
• The Preamble of the Constitution, adopted in 1949, defined India as a "Sovereign Democratic Republic."
• The terms "Socialist" and "Secular" were added to the Preamble much later, through the 42nd Amendment Act of 1976.

Therefore, on 26th January 1950, India wasn't yet classified as "Socialist" or "Secular" in its constitution.

Explanation

Statement 1 is correct. India follows a single citizenship system, which means that every Indian is a citizen of India, irrespective of the place of his/her residence within the country. The concept of domicile does not exist in the Indian Constitution.

Statement 2 is incorrect. In India, the Head of State is the President, and as per Article 58 of the Indian Constitution, any person who is a citizen of India and is 35 years of age or above is eligible to become the President. It does not matter whether the person is a citizen by birth or by naturalization.

Statement 3 is also incorrect. As per the Citizenship Act 1955, the Central Government has the power to deprive a person of his/her citizenship under certain circumstances.

So, only the first statement is correct.

Explanation

The Separation of Powers between the legislature, the executive, and the judiciary constitute an important safeguard of liberty in a liberal democracy.

The doctrine of Separation of powers entails the division of the legislative, executive, and judicial functions of government among different organs. This separation minimizes the possibility of arbitrary excesses by the government since all three organs act as checks and balances on the powers of each other. Therefore, none of the three organs can usurp the essential functions of other organs.

This demarcation prevents the concentration of excessive power by any branch of the Government. It thus helps to safeguard the liberty and rights of the people in a democracy.

Explanation

The statement 1 is incorrect. As per the Representation of the People Act, 1951, a candidate can contest from up to two constituencies in a Lok Sabha or Vidhan Sabha election.

The law allowing a candidate to contest from two constituencies was introduced in 1996. Before that, a candidate could contest from any number of constituencies. Therefore, in 1991, Shri Devi Lal could have contested from three constituencies. This statement is ambiguous.

As per the existing rules, if a candidate contests from more than one constituency and wins in more than one, he/she has to vacate the seats in all but one constituency. The cost of the bye-elections to fill the vacated seats is borne by the public exchequer and not the party of the candidate. Hence, statement 3 is incorrect.

NOTE UPSC has deleted this question probably based on the error in statement 2.

Explanation

Statement 1 is correct: Under Article 128 of the Constitution, the Chief Justice of India may, at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court.

Statement 2 is correct: Being A Court Of Record, the High Court can review its own judgments under Article 226 Of the Constitution. The Kerala High Court has iterated the legal proposition that High Courts as Courts of Record could review their own orders.

Explanation

The concentration of wealth violates the Directive principles of state policy.

Under Article 39 of the Constitution of India, the State shall direct its policy towards ensuring that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. It is a key part of ensuring economic justice for all.