Polity: UPSC Previous Year Questions (Prelims)

Explanation

Option (1) is incorrect: The NSAP’s primary constitutional foundation lies in the Directive Principles of State Policy, not Fundamental Rights. While it contributes to the socio-economic conditions that enhance the enjoyment of Fundamental Rights, it is not designed or implemented as a means of enforcing them.

Option (2) is incorrect: Fundamental Duties (Part IVA, Article 51A) are directed towards citizens and do not impose obligations on the state. The NSAP is not linked to the fulfillment of Fundamental Duties.

Option (3) is correct: The National Social Assistance Programme (NSAP) launched by the Government of India aims to provide social assistance to the elderly, disabled, and other vulnerable sections of society. It directly aligned with the Directive Principles of State Policy (DPSP), which guide the government towards social welfare under:

Article 41: The State is directed to provide public assistance in case of old age, sickness, and disablement, which is the primary aim of NSAP. Article 42: Deals with just and humane conditions of work, which is indirectly addressed through such social assistance programs. Article 46: Promotes the welfare of weaker sections, which the NSAP specifically targets.

Explanation

The United Nations Convention on the Rights of the Child (UNCRC), adopted in 1989, is a comprehensive human rights treaty that recognizes the full range of rights for children. The Convention outlines four broad categories of rights for children:- Survival Rights include the child’s right to life, adequate nutrition, healthcare, and a standard of living adequate for development. Development Rights encompass the right to education, access to information, and opportunities for personal, cultural, and social development. Participation Rights include the child’s right to freedom of expression, thought, association, and participation in decisions affecting their lives. Protection Rights safeguard children from exploitation, abuse, and harm. The Right to Recreation is included under development rights, while the Right to Expression falls under participation rights. Together, all three options: development, expression, and recreation are recognized as rights of the child under the UNCRC.

Explanation

Consumer Disputes Redressal in India is a three-tier mechanism established under the Consumer Protection Act, aimed at addressing grievances related to goods and services. It comprises District Forums, State Commissions, and the National Commission, ensuring accessible and speedy justice for consumers while protecting their rights. Statement (a) is correct: The Consumer Protection Act, 1986 (revised in 2019), allows the State Government to establish more than one District Consumer Forum within a district if it considers it necessary. This flexibility ensures that consumer disputes are addressed efficiently, especially in populous or commercially active districts. Statement (b) is correct: The composition of the District Forum mandates that at least one of its members must be a woman. This provision ensures gender representation and sensitivity in handling consumer grievances, aligning with broader constitutional principles of equality and non-discrimination. Statement (c) is incorrect: The District Forum is empowered to entertain complaints where the value of goods or services does not exceed 1 crore, as per the Consumer Protection Act, 2019. The statement mentions a limit of 50 lakhs, which is inaccurate. Previously, under the Consumer Protection Act, 1986, the limit was 20 lakhs, which was later increased up to 1 crore in the 2019 amendment. Statement (d) is correct: The State Government, acting as a representative of consumer interests, can file complaints on behalf of consumers with the District Forum. This mechanism allows the state to advocate for the collective rights of consumers and address widespread issues affecting the general populace.

Explanation

Lok Adalats are alternative dispute resolution forums established under the Legal Services Authorities Act, 1987, to provide affordable, speedy, and amicable settlement of disputes. They emphasize conciliation and compromise, handling both pre-litigation cases and pending disputes in courts.

Statement 1 is incorrect: Lok Adalats have jurisdiction to settle disputes at both the pre-litigation stage and cases pending before any court. They aim to reduce the burden on courts and provide speedy justice through compromise and amicable settlements.

Statement 2 is incorrect: Lok Adalats can deal with both civil and certain criminal matters of a compoundable nature. These include disputes related to matrimonial issues, partition suits, motor vehicle claims, and cheque bounce cases under Section 138 of the Negotiable Instruments Act.

Statement 3 is incorrect: A Lok Adalat consists not only of serving or retired judicial officers but also other members, such as lawyers, social workers, or professionals, who assist in mediating disputes. Hence, None of the statements are correct.

Explanation

Option (b) is correct: The 91st Constitutional Amendment Act limits the number of ministers in the Council of Ministers, including the Prime Minister, to a maximum of 15% of the total members of the Lok Sabha (House of the People). The limit was imposed to keep the size of the cabinet in check and reduce unnecessary bureaucratic expansion, ensuring that the government remains efficient and effective. Options (a), (c) and (d) are incorrect: 90th Amendment concerns the reservation of seats for Scheduled Tribes in the legislatures of Nagaland, Meghalaya, Mizoram, and Arunachal Pradesh The 92nd Amendment deals with the addition of languages to the Eighth Schedule of the Constitution. 93rd Amendment enables reservations for socially and educationally backward classes in admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions

Explanation

Statement 1 is incorrect: The Advocate General of a State in India is appointed not by the President but directly by the Governor of the concerned State. This appointment is made under Article 165 of the Indian Constitution. He holds office during the pleasure of the Governor.

Statement 2 is incorrect: The jurisdiction of High Courts is defined by the Constitution of India, not the Civil Procedure Code (CPC). High Courts possess original, appellate, and sometimes advisory jurisdiction, but this is based on constitutional provisions and specific statutes, not the CPC.

Explanation

Statement 1 is incorrect: The Central Administrative Tribunal (CAT), a quasi judicial body, was established in

1985 under Article 323 -A of the Constitution through the Administrative Tribunal Act 1985 during Prime Minister Rajiv Gandhi’s tenure, not during Lal Bahadur Shastri’s term (1964-1966).

Statement 2 is correct: The Central Administrative Tribunal (CAT) members come from both judicial and administrative backgrounds. They include judges qualified for High Courts and officers from Central or State Governments, appointed by the President of India. This mix ensures swift and effective justice in administrative matters related to grievances of central and state government employees.

Explanation

Statement 1 is correct: The number of ministries on 15th August 1947 was 18. At the time of independence, the government had basic departments like Home Affairs, Defence, Finance, External Affairs, etc, to handle the essential governance functions. The number of ministries was quite small as the nation was just beginning to organize itself administratively after the end of British rule.

Statement 2 is incorrect: In 2009, the number of ministries of the Indian government was much higher than 36. At present in November 2024 there are 53 ministries in the central government of India covering a wide range of administrative, governance, and policy functions.

Explanation

Statement 1 is incorrect: Under Article 75, the President appoints the Prime Minister, and the other Ministers are appointed by the President based on the Prime Minister’s advice. The Cabinet Secretary has no official role in the creation of either Ministries or Departments of the Government of India.

Statement 2 is correct: According to Article 75 of the Constitution of India, after the general elections or ministry reshuffling, the Prime Minister advises the President on the appointment of ministers to various ministries. The President, acting on the advice of the Prime Minister, formally assigns ministries to the elected ministers.

Explanation

Lok Adalats are alternative dispute resolution mechanisms in India, aimed at providing a speedy and cost-effective resolution to disputes.

Statement 1 is correct: An award made by a Lok Adalat is deemed to be a decree of a civil court and is enforceable as such. Moreover, no appeal lies against it in any higher court, ensuring finality and quick resolution of the dispute.

Statement 2 is incorrect: Matrimonial and family disputes are covered under Lok Adalats. In fact, they often serve as a platform for resolving family-related disputes, including matters related to divorce, child custody, and maintenance.