Miscellaneous: UPSC Previous Year Questions (Polity)

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.

Explanation

Statement 1 is incorrect: Parole is not a right but a privilege granted by prison authorities. Parole is a discretionary relief granted to prisoners under specific conditions. The decision to grant parole lies with the prison authorities or state authorities, and they may deny parole even if a prisoner makes out a sufficient case, depending on factors such as security risks or the nature of the crime committed.

Statement 2 is correct: Each state has its own parole rules, governed by respective State Prison Manuals and the Prisons Act, 1894. These rules outline eligibility criteria, conditions, and the authority responsible for granting parole.

Explanation

Statement 1 is incorrect: Judicial custody does not mean detention in a police station. Instead, the accused is sent to jail under the magistrate’s orders. Police custody, on the other hand, involves detention at a police station for investigation. Judicial custody ensures that the accused is under judicial supervision and not directly handled by the police.

Statement 2 is correct: During judicial custody, the police cannot interrogate the accused without prior approval from the court. This provision protects the accused from undue pressure or custodial violence while ensuring due process.

Explanation

Statement 1 is incorrect: EPF coverage is not universal for all casual workers. It applies to workers in establishments with 20 or more employees and only if they meet the eligibility criteria under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. Many temporary, seasonal, or casual workers may not qualify.

Statement 2 is correct: Casual workers are entitled to regular working hours and overtime payment as per the Minimum Wages Act, 1948, and the Factories Act, 1948. These laws ensure that all workers, including casual labourers, have regulated working hours and are paid overtime wages at stipulated rates if they work beyond the prescribed hours.

Statement 3 is correct: The government can mandate wage payments through banking channels under the Payment of Wages Act, 1936, which was amended by the Payment of Wages (Amendment) Act, 2017. This amendment allows the government to require industries and establishments to pay wages electronically or through bank transfers to enhance transparency and prevent exploitation.

Explanation

Statement 1 is incorrect: As per the Aadhaar Act, 2016, metadata cannot be stored beyond six months, not three months.

Statement 2 is correct: The Supreme Court struck down Section 57 of the Aadhaar Act, which allowed private entities to use Aadhaar for authentication or to enter into contracts involving Aadhaar data. The Supreme Court ruling (2018) restricted Aadhaar data sharing with private entities, ensuring privacy and limiting government contracts with private corporations.

Statement 3 is incorrect: Aadhaar is not mandatory for purchasing insurance products as per IRDAI guidelines.

Statement 4 is correct: Aadhaar is required for availing benefits funded by the Consolidated Fund of India, as per Section 7 of the Aadhaar Act.

Explanation

Statement 1 is incorrect: The Maternity Benefit (Amendment) Act, 2017, provides for 26 weeks of paid maternity leave for women employees for the first two children. Of this, a maximum of 8 weeks can be availed before delivery, and the remaining after childbirth. For women with more than two children, the entitlement is reduced to 12 weeks (6 weeks pre-delivery and 6 weeks post-delivery).

Statement 2 is incorrect: Establishments with 50 or more employees must provide crèche facilities, but the law does not mandate six crèche visits per day, rather mothers are allowed to visit the crèche four times a day, including rest intervals.

Statement 3 is correct: The Maternity Benefit (Amendment) Act, 2017, specifies that women who already have two or more surviving children are entitled to only 12 weeks of paid maternity leave, compared to 26 weeks for those with fewer than two children.

Explanation

Statement 1 is correct: According to the Ministry of Tribal Affairs, there are 75 PVTGs officially notified in India, residing across 18 States and one Union Territory (Andaman & Nicobar Islands).

Statement 2 is correct: A declining or stagnant population is one of the key criteria for identifying a PVTG, along with dependence on subsistence-level economy and limited access to modern facilities. The criteria for identifying PVTGs include:

Pre-agricultural level of technology, Low level of literacy, Economic backwardness, A stagnant or declining population.

Statement 3 is incorrect: As of now, there are 75 officially notified PVTGs, not 95.

Statement 4 is correct: Both Irular (Tamil Nadu) and Konda Reddi (Andhra Pradesh) tribes are included in the official list of PVTGs.

Explanation

Statement 1 is correct: The Food Safety and Standards Act, 2006, replaced the Prevention of Food Adulteration Act, 1954, and several other food-related laws to bring uniformity in food safety regulations. It aimed to establish a single authority (FSSAI) for regulating food safety and standards in India.

Statement 2 is incorrect: FSSAI is an autonomous body under the Ministry of Health and Family Welfare, but it is not under the charge of the Director General of Health Services. Instead, it functions independently with its own Chairperson and Chief Executive Officer appointed by the Central Government.

Explanation

Statement 1 is incorrect: Under the Prohibition of Benami Property Transactions Act, 1988, a transaction can still be considered a benami transaction even if the owner of the property is unaware of or denies knowledge of the ownership. The Act defines a benami transaction as one where the property is held by one person but paid for by another, irrespective of whether the ostensible owner is aware or not.

Statement 2 is correct: Benami properties are liable for confiscation by the government without compensation, as per Section 5 of the Act.

Statement 3 is incorrect: The Act establishes three authorities for investigation--Initiating Officer, Approving Authority, and Adjudicating Authority--but also provides for an appellate tribunal to handle disputes and appeals related to benami transactions.

Explanation

Statement 1 is correct: Consumers have the right to take food samples for testing if they suspect adulteration, under the Food Safety and Standards Act, 2006.

Statement 2 is incorrect: Filing a complaint in a consumer forum requires payment of a court fee, which varies depending on the value of the claim. For instance, no fee is charged for claims up to 5 lakh, but fees are applicable for higher claims as per the prescribed structure.

Statement 3 is correct: Legal heirs can file or continue consumer complaints on behalf of a deceased consumer under the Consumer Protection Act, ensuring that grievances do not lapse upon the complainant’s death.