Miscellaneous: UPSC Previous Year Questions (Polity)

Explanation

Statement 1 is incorrect: Home Guards are raised under the Home Guards Act and Rules of the States/Union Territories. The Ministry of Home Affairs provides policy guidance, but the implementation is state-specific.

Statement 2 is correct: The role of Home Guards is to serve as an auxiliary Force to the police in the maintenance of internal security situations, help the community in any kind of emergency such as an air raid, fire, cyclone, earthquake, epidemic etc., help in the maintenance of essential services, promote communal harmony and assist the administration in protecting weaker sections, participate in socio- economic and welfare activities and perform Civil Defence duties.

Statement 3 is correct: Fifteen Border Wing Home Guards (BWHG) Battalions (Bns) have been raised in the border States viz. Punjab (6 Bns.), Rajasthan (4 Bns.), Gujarat (2 Bns.) and one each Battalion for Meghalaya, Tripura and West Bengal to serve as an auxiliary to Border Security Force for preventing infiltration on the international border/coastal areas, guarding of Vital Areas/ Vital Points and lines of communication in the vulnerable area at the time of external aggression.

Explanation

Pair 1 is correctly matched: Section 6 of the Official Secrets Act,1923, deals with the unauthorised use of uniforms, falsification of reports, forgery, personation, and false documents.

Pair 2 is incorrectly matched: Section 7 of the Official Secrets Act,1923 deals with the infraction of interfering with ‘Officers of the Police’ or ‘Members of the Armed Forces of the Union’ engaged in the discharge of their duties.

Pair 3 is correctly matched: Arms (Amendment) Act, 2019 outlines that whoever uses a firearm in a ‘rash or negligent manner’ or in ‘celebratory gunfire’ so as to endanger human life or personal safety of others shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to rupees one lakh, or with both.

Explanation

The Indian National Flag represents the hopes and aspirations of more than 1 billion people, and the display of the National flag is governed by the provisions of the Emblems and Names(Prevention of Improper Use Act, 1950) and the Prevention of Insults to National Honour Act, 1971. Additionally, the Flag Code of India, 2002, brings together all such laws and practices in the form of guidance to all. Statement-I is incorrect: According to the Flag Code of India, the standard sizes of the Indian National Flag are:

Flag Size No. Dimensions (mm)

1. 6300° 4200

2. 3600° 2400

3. 2700° 1800

4. 1800° 1200

5. 1350° 900

6. 900° 600

7. 450° 300

8. 225° 150

9. 150° 100 Statement-II is correct: According to the Flag Code of India, the National Flag shall be rectangular in shape. The Flag can be of any size, but the ratio of the length to the height (width) of the National Flag should be 3:2.

Explanation

Statement-I is correct: The Constitution Day, also known as ‘Samvidhan Divas’, is celebrated in our country on 26th November every year to commemorate the adoption of the Constitution of India. The day was officially declared as Constitution Day in 2015 to promote awareness of constitutional values and principles among citizens. Statement-II is not correct: The Drafting Committee was set up under the Chairmanship of Dr B.R. Ambedkar by the Constituent Assembly on 29 August 1947 to prepare a Draft Constitution for India.

Explanation

Statement 1 is correct: Under Article 355 of the Indian Constitution, it is the duty of the Union, i.e. the Central Government, to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

Statement 2 is correct: Article 22(3)(b) of the Indian Constitution explicitly states that the rights under Article 22(1) and 22(2)--which include the right to legal counsel--do not apply to individuals detained under preventive detention laws.

Statement 3 is incorrect: Section 32 of Prevention of Terrorism Act 2002, allows confessions made before a police officer (not below the rank of Superintendent of Police) to be admissible as evidence in court, provided they are recorded in accordance with prescribed safeguards. This provision departs from general criminal law, where confessions before police are inadmissible under Sections 25 and 26 of the Indian Evidence Act.

Explanation

Statement 1 is correct: According to Article 244(1) of the Fifth Schedule of the Constitution, "Scheduled Areas" refer to regions that the President can designate as such through an order following consultation with the Governor of the respective State.

Statement 2 is correct: The largest administrative unit forming the scheduled areas has been the district, and the lowest is the cluster of villages in the block. This is consistent with how Scheduled Areas are designated based on administrative feasibility and compactness.

Statement 3 is incorrect: The executive power of a state extends to the scheduled areas therein. But the Governor has a special responsibility regarding such areas. He has to submit a report to the President regarding the administration of these areas annually or whenever so required by the President as per Paragraph 3 of the Fifth Schedule.

Explanation

Statement 1 is correct: ‘Prisons’/’persons detained therein’ is a "State-List" subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. Administration and management of prisons and prisoners is the responsibility of respective State Governments who are competent to take appropriate action in this regard. Each state has its own prison rules and regulations for day-to-day administration. However, given the significance of prisons in the Criminal Justice System, the Ministry of Home Affairs has been providing regular guidance and support to the States and UTs on diverse issues relating to prison administration.

Statement 2 is correct: The Prisons Act, 1894 defines prison as, any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto. Section 59 of the Prisons Act 1894 confers upon the Provincial Governments (now state governments) powers to make rules consistent with this act. The Prisons Act, 1894, laid the foundation for state-level management of prisons, and this principle was carried forward after independence under the Indian Constitution. Thus, both statements are correct, and Statement-II is the correct explanation for Statement-I.