UPSC Prelims 2022 Analysis

Explanation

The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram.

The governor can make regulations for the peace and good government of a scheduled area after consulting the tribes' advisory council. Such regulations may prohibit or restrict the transfer of land by tribal to non tribal members or among members of the scheduled tribes, and regulate the allotment of land to members of the scheduled tribes.

Option B is incorrect. According to the provisions of Paragraph 4, under Article 244(1) of the Fifth Schedule of the Constitution of India, the Tribes Advisory Councils (TAC) shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas. The tribal advisory council is an advisory body, not a governing body.

Option C is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not convert the area into a Union Territory.

Option D is incorrect. Bringing any particular area under the Fifth Schedule of the Constitution of India does not get declared as a Special Category State.

Explanation

As per Article 88, Every minister and the Attorney-General of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses and any committee of Parliament of which he may be named a member, but shall not by virtue of this article be entitled to vote. The Solicitor General does not participate in the meetings of Parliament. Hence, statement 1 is incorrect.

As per Article 76, the Attorney General shall hold office during the pleasure of the President and shall receive such remuneration as the President may determine Conduct of Government Business. There is no mention in the Indian Constitution of the need for him to submit his resignation when the Government which appointed him resigns. Hence, statement 2 is incorrect.

Explanation

Statement 1 is incorrect Corporate Lawyers, as well as patent attorneys, are too recognized as advocate and there's no prohibition on their recognition as advocates.

Statement 2 is correct The Bar Council of India visits and inspects Universities/Law colleges in the country as part of its statutory function of promoting legal education and laying down standards in consultation with the Universities in India and the State Bar Councils. The Bar Council of India is a statutory body established under section 4 of the Advocates Act 1961 that regulates the legal practice and legal education in India.

Explanation

Statement 1 is incorrect. As per the Anti-Defection Law, a nominated legislator can join a political party within six months of being appointed to the House, not after such time.

Statement 2 is correct. The Anti-Defection Law does not specify any time limit for the presiding officer to decide on a defection case.

So, only the second statement is correct.

Explanation

An open-source digital platform is essentially a software platform where the underlying code is freely available for anyone to see, modify, and distribute. This openness fosters collaboration, transparency, and innovation in software development.

All of the above (1. Aarogya Setu, 2. CoWIN, 3. Digi Locker, 4. DIKSHA) are built on top of open-source digital platforms.

• Aarogya Setu initially wasn't open-source, but the Indian government later made its source code available.
• CoWIN leverages open-source software for its development.
• DigiLocker utilizes an open-source platform called Digital Locker System.
• DIKSHA is built on the open-source platform Sunbird.

Explanation

Statement 1 is correct The date of election of the Deputy Speaker is fixed by the Speaker. On the other hand date of election of the Speaker is fixed by the President.

Statement 2 is incorrect There is no mandatory provision that the election of a candidate, as Deputy Speaker of Lok Sabha, shall be from either the principal opposition party or the ruling party. It is only by convention that the position of Deputy Speaker is offered to the opposition party in India.

Statement 3 is correct In case of the absence of the Speaker, the Deputy Speaker presides over the sessions of the Lok Sabha and conducts the business in the house. The Deputy Speaker has the same power as the Speaker when presiding over the sitting of the House.

Statement 4 is incorrect The Deputy Speaker is also elected by the Lok Sabha from amongst its members right after the election of the Speaker has taken place. There is no provision and or established practice of moving the motion for his election by the speaker and it is seconded by the prime minister.

Explanation

Statement 1 is Correct: The Contempt of Courts Act, 1971 was passed following the recommendations of the H.N. Sanyal Committee. This act defines and regulates contempt of court in India.

Statement 2 is Correct: The Constitution of India under Articles 122 and 215 empowers the Supreme Court and the High Courts respectively to punish any person for contempt of itself.

Statement 3 is Incorrect: The Constitution of India does not define Civil and Criminal Contempt. These are defined in the Contempt of Courts Act, of 1971.

Statement 4 is Correct: The Parliament does have the power to make laws on Contempt of Court. The Contempt of Courts Act, of 1971 is a parliamentary law that defines and regulates the power of courts to punish contempt of court.

Therefore statements 1, 2, and 4 are correct.

Explanation

A Constitution Amendment Bill can be introduced either by a minister or by a private member and does not require prior permission from the President. Hence, statement 1 is incorrect.

The 24th Amendment of the Indian Constitution amended Article 368 to provide expressly that Parliament has the power to amend any provision of the Constitution and the President is obliged to give his/her assent. Hence, statement 2 is correct.

A Constitution Amendment Bill must be passed by a special majority in both houses and there is no provision for a joint sitting in case of disagreement. Hence, statement 3 is also correct.

So, the second and third statements are correct.

Explanation

Statement 1 is correct: Mandamus is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal, or a government for the same purpose. It is usually not usable against a private entity unless it is entrusted with a public duty.

Statement 2 is incorrect: As explained above, Mandamus can be used against a government corporation and/or company.

Statement 3 is correct: Quo Warranto is issued by the court to inquire into the legality of the claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person. Unlike the other writs, this can be sought by any interested person and not necessarily by the aggrieved person.

Explanation

Statement 1 is incorrect: If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or armed rebellion, he may, by Proclamation, make a declaration to that effect in respect of the whole of India or of such part of the territory.

Statement 2 is correct: According to Article 75 of the Indian constitution, the council of ministers shall be collectively responsible to the Lok Sabha. It means that the ministry stays in office so long as it enjoys the confidence of the majority of the members of the Lok Sabha.

Statement 3 is incorrect: When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

Explanation

Statement 1 is incorrect: The Constitution of India does not classify ministers into four fixed ranks. There are broadly two categories based on parliamentary convention - Cabinet Ministers and Ministers of State (with or without independent charge). The number of ranks can vary based on the specific structure chosen by the government.

Statement 2 is correct. The 91st Amendment to the Constitution limits the size of the Council of Ministers. The total number of ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha.

Explanation

Statement 1 is correct: The Tea Board of India is a statutory body created under the Tea Act, 1953 and it was established to regulate the Indian tea industry and protect the interests of tea producers in India.

Statement 2 is incorrect: It is functioning as a statutory body of the Central Government under the Ministry of Commerce.

Statement 3 is incorrect: The Tea Board of India's Head Office is situated in Kolkata.

Statement 4 is correct: The Tea Board of India has overseas offices in Moscow, Dubai, Hamburg, London, and New York.