Polity: UPSC Previous Year Questions (Prelims)

Explanation

Delimitation means the act or process of fixing the limits or boundaries of territorial constituencies in a country having a legislative body. In India, such Delimitation Commissions have been constituted four times:

1952 under the Delimitation Commission Act, 1952

1963 under the Delimitation Commission Act, 1962

1973 under the Delimitation Act, 1972

2002 under the Delimitation Act, 2002 Under Article 82, Parliament enacts a Delimitation Act after each Census, while Article 170 mandates the division of states into territorial constituencies as per the Delimitation Act. The ‘Delimitation Commission’ is set up under an act of Parliament.

Explanation

Inter-State quarantine is in the Union List (entry 81) of 7th schedule. Options (a), (b) and (d) are incorrect:

Inter-State trade and commerce is a Union subject (entry 42) under the Union List. Inter-State migration is a Union Subject (entry 81) under the Union List. Corporation tax is a Union subject (entry 85) under the Union List.

Explanation

The North Eastern Council (NEC) is not a constitutional body but a statutory organization established under the North Eastern Council Act, 1971, as amended in 2002. Initially, NEC was an Advisory Body for the North Eastern Region (NER). NEC’s composition was revised by the North Eastern Council (Amendment) Act, 2002. After the amendment:

Option 1 is correct: The Governors of the eight North Eastern States are members of the NEC.

Option 2 is correct: The Chief Ministers of the eight North Eastern States are also members of the NEC.

Option 3 is correct: The President nominates three members to the NEC.

Option 4 is incorrect: The Union Home Minister is the ex-officio Chairman of the NEC but is not considered a member under Section 3 of the Act.

Explanation

Eighth Schedule contains languages recognised by the Constitution. Originally, it had 14 languages, but presently, there are 22. They are Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, and Urdu. Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992 Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003. Oriya was renamed as ‘Odia’ by the 96th Amendment Act of 2011.

Explanation

The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 was introduced in Lok Sabha on September 19, 2023. The Bill seeks to reserve one-third of the total number of seats in Lok Sabha and state legislative assemblies for women. Key features of the Bill:

Statement 1 is incorrect: The next delimitation exercise, or redrawing of constituency boundaries, is scheduled to be held in 2026. Effectively, this means that the earliest implementation of the women’s quota in the Lok Sabha can be in the 2029 general election (19th Lok Sabha), rather than in next year’s polls.

Statement 2 is correct: The reservation will be effective after the census conducted after the commencement of this Bill has been published. Based on the census, delimitation will be undertaken to reserve seats for women. 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 correct: The Bill reserves, as nearly as may be, one-third of all seats for women in Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. This will also apply to the seats reserved for SCs and STs in Lok Sabha and state legislatures. Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament.

Explanation

Statement 1 is incorrect: The authority to recognize and declare a community as a Scheduled Tribe is vested in the President of India under Article 342 of the Indian Constitution. The President issues a notification specifying the Scheduled Tribes in relation to a State or Union Territory, after consulting with the Governor of the concerned State. However, the Governor does not have independent authority to declare any community as a Scheduled Tribe.

Statement 2 is correct: The status of a Scheduled Tribe is State/ Union Territory-specific. A community recognized as a Scheduled Tribe in one State may not necessarily enjoy the same status in another State unless it is explicitly notified as such for that State by the President. This reflects the differing socio-economic and cultural contexts across States, as well as variations in tribal populations.

Explanation

Pair 1 is correctly matched: Bharatiya Jana Sangh (BJS: Indian People’s Association) was established in 1951 by Shyama Prasad Mukherjee.

Pair 2 is incorrectly matched: Rajagopalachari was associated with the Swatantra Party, not with the Socialist Party.

Pair 3 is correctly matched: Jagjivan Ram formed the Congress for Democracy in 1977. It was established after Jagjivan Ram, Hemvati Nandan Bahuguna, and Nandini Satpathy parted ways with Indira Gandhi’s Indian National Congress, criticizing her leadership during the Emergency.

Pair 4 is incorrectly matched: Acharya Narendra Dev was deeply involved in the peasant movement and held the position of president of the All-India Kisan Congress. He remained affiliated with the Socialist Party and later the Praja Socialist Party until his passing in 1956.

Explanation

Statement 1 is correct: Part IXA of the Constitution was inserted by the Constitution (Seventy-fourth Amendment) Act, 1992. It contains provisions for local self-government at the urban level (including powers of the municipalities).

Statement 2 is correct: Emergency provisions are outlined in Part XVIII of the Constitution, covering Articles 352 to 360, including National Emergency (Article 352), State Emergency (Article 356), and Financial Emergency (Article 360). These provisions empower the Central government to address any extraordinary situations effectively.

Statement 3 is correct: Part XX deals with the provisions related to the amendment of the Constitution (Art 368). Parliament may, in the exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down in this part.

Explanation

The Charter Act of 1833 marked the final step towards the centralization of British power in India. It elevated the Governor-General of Bengal to the position of Governor-General of India, granting him full civil and military authority over the entire British-ruled territory in India, with Lord William Bentinck becoming the first Governor-General of India.

Explanation

In modern times, The Doctrine of ‘Due Process of Law’ has its origins in the USA Constitution. The due process of law doctrine not only examines whether a law exists to deprive a person of life or liberty but also assesses its fairness, justice, and non-arbitrariness. Unlike "Procedure established by law," where the judiciary focuses only on the legality and competence of the legislation, the Supreme Court, in the case of due process, also evaluates the law’s rationale and reasonableness. While "Due Process" primarily concerns legal procedures, it also emphasizes fairness and justice in law enforcement, aligning with the principles of natural justice, such as the right to a fair hearing, the right to be heard, and the right to an impartial tribunal.