Polity: UPSC Previous Year Questions (Prelims)

Explanation

The Parliament is empowered to make laws on all matters listed in the Union List and the Concurrent List of the Constitution. Under Article 253 of the Constitution of India, Parliament can make laws for the whole or any part of India to give effect to international treaties, agreements, or conventions, and this can be done without the consent of any State. Article 253 says that it can also formulate laws on any matter pertaining to the State List if it is deemed necessary for the implementation of international treaties or agreements concluded with foreign nations. This is a unique provision where Parliament can legislate beyond its usual jurisdiction without requiring the consent of the states.

Explanation

Statement 1 is correct: The objective of National Legal Services Authority (NALSA) is to provide free legal services to weaker sections of society for securing justice and are not denied to any citizen by reasons of economic or other disabilities.

Statement 2 is correct: In every State, there is a State Legal Service Authority to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.

Explanation

Articles 153 to 167 of Part VI of the Indian Constitution deals with the provisions relating to the Governor of the States. The Governor of the state is the Chief executive head of the state. He is also the constitutional (nominal) head.

Option (c) is correct: Article 156 states that the Governor holds office "during the pleasure of the President," but the Constitution does not prescribe any specific procedure for the removal of a Governor. It is entirely at the discretion of the President.

Explanation

The Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA Act) was enacted to extend the provisions of Part IX of the Constitution (related to Panchayati Raj) to the Scheduled Areas listed under Schedule V of the Constitution. Its primary objectives include:

1. To provide self-governance in tribal areas through Gram Sabhas.

2. To recognize traditional rights of tribal communities, particularly regarding community resources.

3. To free tribal people from exploitation by empowering Gram Sabhas to regulate and control resources, markets, and institutions in Scheduled Areas. The creation of autonomous regions is not an objective of the PESA Act. Autonomous regions are primarily a feature of Schedule VI of the Constitution, applicable to certain tribal areas in the northeastern states, not the Schedule V areas targeted by PESA.

Explanation

Under the Section 6(1) of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (commonly known as the Forest Rights Act or FRA), the Gram Sabha is designated as the primary authority to initiate the process of determining the nature and extent of individual and community forest rights. Forest Rights Act, 2006:

The act recognizes and vests the forest rights and occupation in Forest land to forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) who have been residing in for at least three generations prior to the 13th day of December, 2005. For the purpose of this clause, "generation" means a period comprising of twenty-five years The act further enjoins upon the Gram Sabha and rights holders the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance of FDST and OTFD. While protecting the FDST and OTFD’s way of life and food security, it strengthens the conservation regime for the forests.

Explanation

Article 76 of the Constitution of India deals with the provisions of the Attorney General of India. The Attorney General of India is appointed by the President of India. Eligibility: He/She should be qualified to be Judge of Supreme Court (i.e. Citizen of India and must have been a judge of some high court for 5 years or an advocate of some high court for 10 years) or an eminent jurist, in the opinion of the president. Rights: He/She has the Right to speak and to take part in the proceedings of Parliament or their joint sitting and any committee of the Parliament of which he is a member, but without a right to vote.

Explanation

Statement 1 is incorrect: National Development Council (NDC) and Planning Commission (PC) have been abolished now. NDC was an advisory body and used to advise the Planning Commission on planning and included all CMs and union ministers etc.

Statement 2 is correct: The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.

Statement 3 is correct: Preparation of plans and implementation of plans for economic development and social justice are one of the major powers and functions that comes under Panchayat Raj Institution.

Explanation

NDC comprises the Prime Minister, all the Union Cabinet Ministers, the Chief Ministers of all States and Union Territories and the Members of the Planning Commission. It does not include the chairman of the Finance Commission.

Explanation

The National Development Council, the Planning Commission and the Zonal Councils do not find its mention in the Constitution. They are the Non-Constitutional Bodies. Few details about the same are as follows:

National Development Council (NDC) was set up on 6 August, 1952 by an executive order of the government. It served as "the highest decision-making authority" in the country on development matters. The National Development Council used to advise the Planning Commission on planning. Currently, there is no existence of NDC and Planning Commission, it has been replaced by NITI AAYOG. The Planning Commission of India was set up by a Resolution of the Government of India in March 1950. The Zonal Councils are the statutory (and not the constitutional) bodies. They are established by an Act of the Parliament, that is, the States Reorganisation Act of 1956. The act divided the country into five zones-Northern, Central, Eastern, Western and Southern and provided a zonal council for each zone.

Explanation

The distribution of powers between the Centre and the States in the Indian Constitution is primarily based on the Government of India Act, 1935. This Act introduced a three-list system (Federal, Provincial, and Concurrent Lists), which was later adopted in the Indian Constitution with some modifications as the Union List, State List, and Concurrent List under the Seventh Schedule(under Article 246).