Polity: UPSC Previous Year Questions (Prelims)

Explanation

The 104th Constitution Amendment Bill deals specifically with the issue of reservation or quota for Socially and Educationally Backward Classes (SEBCs) in private educational institutions. It was aimed to extend the reservations or affirmative action to private educational institutions so that SEBCs could access quality education in private institutions as well. Before this amendment, reservation policies applied primarily to government-run institutions, and private institutions were largely free to admit students on their own terms, without any mandatory quota for backward classes.

Explanation

Statement 1 is correct: Article 249 empowers the Rajya Sabha to pass a resolution allowing Parliament to legislate on matters in the State List if it is in the national interest. This resolution requires a two-thirds majority and remains in effect for one year, with the possibility of extension through subsequent resolutions.

Statement 2 is incorrect: The proclamation of emergency must be approved by a special majority of both the Houses of Parliament within one month from the date of its issue under article 352(6). If a proclamation of emergency is issued when the Lok Sabha is dissolved, or if it dissolves within one month without approval, the proclamation remains valid for 30 days from the first sitting of the newly reconstituted Lok Sabha, provided the Rajya Sabha approves it in the meantime. If approved by both the houses, the Emergency continues for 6 months and can be extended to an indefinite period with an approval of the Parliament for every six months.

Explanation

India’s justice system is a three-tiered structure comprising the Supreme Court at the top, followed by High Courts in each state or group of states, and subordinate courts at the district and local levels. This system ensures the rule of law, protection of rights, and fair adjudication of disputes. Assertion (A) is False: India has 28 states but only 25 High Courts. Some, like the Guwahati High Court, serve multiple states. Therefore, not every state has its own High Court. Reason (B) is True: The Indian Constitution provides for High Courts for each state (Article 214) but Article 231 also enables the Parliament to establish common HC for two or more states or for two or more States and a Union territory.

Explanation

PILs protect disadvantaged communities who can’t seek justice themselves. They can be filed in the Supreme Court and High Courts under Article 32 (right to move the Supreme Court) and Article 226 (power of High Courts to issue writs). Justice P.N. Bhagwati introduced Public Interest Litigation (PIL) in India in the 1980s, broadening the judiciary’s role to address public grievances and protect marginalized communities. His efforts democratized the judicial process, allowing direct court access for significant public matters. This made the justice system more accessible and responsive to societal issues. However, the concept was first pioneered by Justice V.R. Krishna Iyer in cases like Mumbai Kamgar Sabha vs. Abdulbhai Faizullabhai (1976) and Fertilizer Corporation Kamgar Union vs. Union of India (1981). Justice Bhagwati significantly expanded PILs through landmark cases like Hussainara Khatoon vs. State of Bihar (1979) and S.P. Gupta vs. Union of India (1981).

Explanation

The judges and the Chief Judge of a HC are appointed by the President after consultation with the Chief Justice of India and the Governor of the concerned state.

Statement 1 is incorrect: Article 220 of the Indian Constitution prohibits retired High Court judges from practicing in the same High Court but allows them to practice in other courts in India, including the Supreme Court.

Statement 2 is incorrect: Article 217 of the Indian Constitution stipulates that a person can be appointed as a High Court judge if they have held a judicial office in India for at least ten years or have served as an advocate of a High Court (or High Courts in succession) for at least ten years.

Explanation

Union List in the Seventh Schedule of the Constitution of India enumerates subjects on which only the Parliament has exclusive legislative powers.

Option (a) is correct: Under the Seventh Schedule, the Union List includes 100 subjects (originally 97), covering matters of national importance. Among the options:

Regulation of labour and safety in mines and oilfields - Falls under the Union List (Entry 55). These industries involve inter-state implications, requiring uniform regulation. Agriculture - Falls under the State List (Entry 14), as it is primarily a state subject. Fisheries - Fisheries in inland and territorial waters are in the State List (Entry 21), while regulation of fisheries in EEZ and beyond territorial waters is in the Union List (Entry 57). Public Health - Falls under the State List (Entry 6)

Explanation

Option (a) is incorrect: University Grants Commission (UGC) was established through the University Grants Commission Act, 1956, a legislation passed by Parliament. It is not a constitutional body.

Option (b) is incorrect: National Human Rights Commission (NHRC) was formed under the Protection of Human Rights Act, 1993. It is a statutory body, not constituted by a constitutional provision.

Option (c) is correct: The correct answer is the Election Commission, as it is established under Articles 324 to 329 of the Indian Constitution. These articles outline the creation of the Election Commission and the framework for conducting elections in the country.

Option (d) is incorrect: Central Vigilance Commission (CVC) was initially set up through an executive resolution in 1964, later gaining statutory status through the Central Vigilance Commission Act, 2003. However, it is not created by a specific constitutional article.

Explanation

The Constituent Assembly of India, tasked with drafting the Constitution, formed several committees to address specific aspects of the Constitution. One of these was the Union Constitution Committee, which focused on defining the federal structure and relationship between the union and the states. Jawaharlal Nehru was appointed as the Chairman of the Union Constitution Committee. B.R. Ambedkar was the Chairman of the Drafting Committee, which was responsible for the final wording of the Constitution. J. B. Kripalani and Alladi Krishnaswami Ayyar were also influential members of the Constituent Assembly but did not chair this committee.

Explanation

Statement 1 is Incorrect: The Constitution of India originally had 22 parts, though with amendments, it now has 25 parts. Thus, the statement that the Constitution has 20 parts is incorrect.

Statement 2 is Incorrect: Originally, the Constitution had 395 Articles, but due to amendments, the number of Articles has increased to 448.

Statement 3 is correct:

Explanation

Statement 1 is incorrect: Article 301 pertains to the freedom of trade, commerce, and intercourse throughout India, not the Right to Property. Currently, The Right to Property is covered under Article 300A of the Indian Constitution.

Statement 2 is Correct: The Right to Property, initially a Fundamental Right under Article 31, was made a legal right through the 44th Constitutional Amendment Act of 1978 and placed under Article 300A.

Statement 3 is Incorrect: Article 300A was indeed inserted by the 44th Constitutional Amendment Act of 1978, but not by the Congress government. The 44th Amendment removed the Right to Property from the list of Fundamental Rights and made it a legal right under Article 300A. This change was made during the Janata Party government, not the Congress Party government.