UPSC Prelims 2024 Analysis

Explanation

Explanation:

Writ of Prohibition:

• It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal.

• It prevents the lower court from exceeding its jurisdiction or acting contrary to law.

• Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures.

• Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred.

• Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings.

• Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.

Explanation

Dr. Sachchidananda Sinha was elected as the Provisional President of the Constituent Assembly on December 9, 1946. This was a temporary position. He served as the Chairman for two days, after which Dr. Rajendra Prasad was elected as the President of the Constituent Assembly on December 11, 1946.

Here's why the other options are incorrect:

• C. Rajagopalachari: He was the last Governor-General of India and played a significant role in the Indian independence movement.

• Dr. B.R. Ambedkar: He was the Chairman of the Drafting Committee of the Constitution.

•  T.T. Krishnamachari: He was a prominent member of the Constituent Assembly and later served as the Finance Minister of India.

Explanation

• The 71st Amendment Act, 1992 amended the Eighth Schedule of the Indian Constitution to include Konkani, Manipuri, and Nepali languages.

• These languages were added to grant official recognition and promote their cultural and linguistic development.

• Konkani is primarily spoken in Goa, Manipuri in Manipur, and Nepali in Sikkim and Darjeeling (West Bengal).

• Maithili, however, was added later through the 92nd Amendment Act, 2003, along with Bodo, Dogri, and Santhali.

Explanation

Explanation:

Article 368 of the Indian Constitution outlines the process for amending the Constitution. It grants Parliament the authority to amend any provision of the Constitution by way of:

• Addition

  • Parliament can add new provisions or articles to the Constitution that were not originally included. This allows the Constitution to evolve by incorporating new concepts or requirements.

  • Example: The 93rd Amendment Act, 2005 added Article 15(5), which allows for reservations in educational institutions for backward classes.

• Variation

  • Parliament has the power to modify or alter existing provisions of the Constitution. This means changes can be made to existing articles without removing them entirely.

  • Example: The 42nd Amendment Act, 1976 altered several provisions, including changes to the Preamble and the relationship between the President and Parliament.

• Repeal

  • Parliament can also repeal provisions of the Constitution, effectively removing them. This allows for the removal of outdated or irrelevant provisions.

  • Example: The 26th Amendment Act, 1971 abolished the privy purse that was being paid to former rulers of princely states.

Therefore, the correct answer is All of the above (1, 2, and 3).

Explanation

Explanation:

• Statement 1 is incorrect: The President of India, not the Governor of a State, has the power to specify a community as a Scheduled Tribe (ST) for a particular state or Union Territory. This is done through a notification in the Official Gazette, after consultation with the concerned State government.

• Statement 2 is correct: The specification of Scheduled Tribes is not uniform across the country. A community recognized as an ST in one State may not be recognized as such in another State. This is because the criteria for scheduling are based on social, educational, and economic backwardness, which can vary across regions.

Explanation

Explanation:

About the North Eastern Council (NEC):

• Established under the North Eastern Council Act, 1971 to promote economic and social development in the Northeast region of India.

• The Act was amended in 2002 to expand its role and membership.

Composition of the NEC (After 2002 Amendment):

• Governors of all 8 constituent states (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, and Tripura).

• Chief Ministers of these 8 states.

• Three members nominated by the President of India.

Clarification about the Home Minister:

• The Union Home Minister is not a member of the NEC.

• Instead, the Union Minister for Development of North Eastern Region (DoNER) functions as the ex-officio Chairman of the NEC.

The NEC Act was amended by the Parliament in 2002 (Act No. 68 of 2002).

Explanation

Explanation:

• Statement 1 is incorrect: There is no specific information available about which Lok Sabha session the provisions will be implemented. 

• Statement 2 is correct: The reservation will be provided for a period of 15 years. However, it shall continue till such date as determined by a law made by Parliament.

Statement 3 is also correct: In the seats reserved for SCs/STs, the Bill sought to provide one-third of the seats to be reserved for women on a rotational basis.

Explanation

The correct equivalent rank in the three services of Indian Defence forces are:

Thus only pair 3 is correctly matched, hence option D is the correct answer

Explanation

Explanation:

• The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India.

• The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty.

•  Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy.

• While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:

1. Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

2. Article 16: Guarantees equality of opportunity in matters of public employment.

Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.

Explanation

Statement 1 is incorrect. Under Article 85(2) of the Constitution, the President has the authority to prorogue the Houses, or either House of Parliament, from time to time. The termination of a session of the House by an order from the President under this provision is referred to as 'prorogation.' The President exercises this power of prorogation only upon the recommendation of the Prime Minister or the Cabinet, i.e., the Council of Ministers. Statement 2 is correct. Typically, prorogation follows adjournment sine die, but technically, the President can prorogue a House even while it is in session. Statement 3 is correct. The President usually dissolves the Lok Sabha based on the advice of the Council of Ministers, except in exceptional circumstances such as a vote of no confidence or other political crises.

Explanation

• Statement 1 is correct. According to Article 96(2) of the Indian Constitution, the Speaker cannot preside while a resolution for his/her removal is under consideration. However, they can vote on the resolution.

• Statement 2 is incorrect. The Speaker retains the right to speak even during the proceedings of their removal.

Statement 3 is incorrect. The Speaker is entitled to vote on the resolution for their removal. They do not have a casting vote in this instance.

Explanation

• Powers of the Municipalities are given in Part IX A of the Constitution. - This statement is correct. Part IXA of the Indian Constitution (added by the 74th Amendment Act, 1992) deals with Municipalities and provides for their powers and functions.

• Emergency provisions are given in Part XVIII of the Constitution. - This statement is correct. Part XVIII of the Indian Constitution (Articles 352 to 360) deals with 'Emergency Provisions' outlining situations like national emergency, state emergency, and financial emergency.

• Provisions related to the amendment of the Constitution are given in Part XX of the Constitution - This statement is correct. Part XX of the Indian Constitution contains only Article 368, which deals with the power of the Parliament to amend the Constitution and the procedure for it.

Therefore, all three statements are correct.

Explanation

1. Permanent Chairman of Chiefs of Staff Committee: This is correct. The CDS is designated as the Permanent Chairman of the Chiefs of Staff Committee (COSC), which includes the chiefs of the Army, Navy, and Air Force.

2. Exercise military command over the three Service Chiefs: This is incorrect. The CDS does not have direct operational command authority over the three service chiefs. The service chiefs continue to exercise operational command over their respective services. The CDS acts as a coordinator and advisor, promoting jointness and integration among the services.

3. Principal Military Advisor to Defence Minister on all tri-service matters: This is correct. The CDS acts as the single-point military advisor to the Defence Minister on matters related to all three services. This ensures streamlined and integrated military advice to the political leadership.  

4. Additional Information - The creation of the post of the Chief of Defence Staff was recommended by these committees: Group of Ministers (2001), Naresh Chandra Committee and D.B. Shekatkar Committee. 

Therefore, the correct statements are 1 and 3.

Explanation

• Statement 1: Correct: The Ethics Committee of Lok Sabha was initially an ad-hoc committee formed in 1952. It became a standing committee in 1997.

• Statement 2: Incorrect: Any person can make a complaint to the Ethics Committee of Lok Sabha against a Member of Parliament for unethical conduct. It doesn't necessarily have to be another Member of Parliament.

• Statement 3: Correct: The Ethics Committee of Lok Sabha cannot take up any matter that is sub-judice, meaning a matter that is currently under consideration by a court or other judicial authority.

Therefore, only statements 1 and 3 are correct.

Explanation

Explanation:

• Statement 1 is incorrect: While the Union Finance Minister does present the Annual Financial Statement in Parliament, it is not done 'on behalf of the Prime Minister', but the President of India. As Article 112 reads The President shall in respect of every financial year cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditure of the Government of India for that year, in this Part, referred to as the annual financial statement.

• Statement 2 is correct: Article 113 of the Indian Constitution explicitly states that no demand for a grant can be made unless it's recommended by the President. This ensures executive control over the legislature in financial matters.

Explanation

• Delimitation commissions have been set up four times in the past — 1953, 1962, 1972 and 2002 — under Delimitation Commission Acts of 1952, 1962, 1972 and 2002.

• The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India. The Delimitation Commission in India is a high-power body whose orders have the force of law and cannot be called into question before any court. 

• The Commission’s orders are laid before the Lok Sabha and the legislative assemblies concerned, but they cannot effect any modifications in the orders.

• Composition: Retired Supreme Court Judge, Chief Election Commissioner and respective state election commissioners.

Explanation

Inter-State quarantine falls under the purview of the Union List (List I) in the Seventh Schedule of the Indian Constitution. This is because matters of inter-state significance, especially those related to health and disease control, are best handled by the central government to ensure uniformity and prevent the spread of diseases across state borders.

Let's examine why the other options are incorrect:

•  Inter-State trade and commerce is a State subject under the State List. This is incorrect. Inter-State trade and commerce is explicitly mentioned in the Union List (List I), giving the central government the power to regulate commerce that transcends state boundaries.

• Inter-State migration is a State subject under the State List. This is also incorrect. While individual states have some powers related to internal migration is mentioned in the Union List.

• Corporation tax is a State subject under the State List. This is incorrect. Corporation tax, levied on the net income of companies, is a subject under the Union List (List I). However, the Constitution allows for the sharing of corporation tax revenue with states.

• In essence, the Constitution designates subjects of national importance, like inter-state quarantine and trade, to the Union List, while matters of local governance fall under the State List.

Explanation

Explanation:

• Article 109 of the Indian Constitution specifically deals with the special procedure for Money Bills. (Correct)

• Article 109(1) states that a Money Bill shall not be introduced in the Council of States (Rajya Sabha). It can only be introduced in the Lok Sabha (House of the People). (Correct)

•  Article 109(5) states that the Rajya Sabha can't reject a Money Bill. It can only make recommendations within 14 days, which the Lok Sabha may or may not accept. (Correct)

• The Lok Sabha has the ultimate power regarding Money Bills. It is not bound to accept any amendments suggested by the Rajya Sabha. (Incorrect)

Therefore, statements 1, 2, and 3 are correct.

Explanation

Explanation:

• Statement 1: Correct. When the Lok Sabha is dissolved, any bill pending in the Lok Sabha automatically lapses. This is because the dissolution of the Lok Sabha ends its session, and all legislative business in progress becomes void.

• Statement 2: Correct. If a bill has been passed by the Lok Sabha but is pending in the Rajya Sabha, it lapses upon the dissolution of the Lok Sabha. This is true even if the Rajya Sabha has not yet acted on the bill.

• Statement 3: Incorrect. A bill regarding which the President has notified a joint sitting will not lapse on the dissolution of the Lok Sabha. It can be taken up in the next session after the Lok Sabha is reconstituted. A joint sitting is called only when there is a deadlock between the Lok Sabha and Rajya Sabha.