UPSC 2012 Polity Questions with Answers

Explanation

Provision of Joint sitting of two houses of parliament is given under Article 108. It is an extraordinary mechanism to break a deadlock between the two Houses over the passage of a bill. The president can summon joint sitting for the purpose of deliberating and voting on the bill.It is applicable to ordinary bills or financial bills only and not to money bills or Constitutional amendment bills. The quorum to constitute a joint sitting shall be one-tenth of the total number of members of the Houses. The Speaker of Lok Sabha presides over a joint sitting. In their absence, the Deputy Speaker takes charge, followed by the Deputy Chairman of the Rajya Sabha. If none are available, members present elect a presiding officer.

Explanation

The Delimitation Commission is appointed by the President of India and works in partnership with the Election Commission of India. Composition: Generally, the Delimitation Commission comprises a serving or retired Supreme Court judge as the Chairperson, an Election Commissioner nominated by the Chief Election Commissioner, and the State Election Commissioners of the respective states. Objective: To determine the number and boundaries of constituencies, to identify seats reserved for SC/ST. Delimitation Commissions have been set up four times: 1952, 1963, 1973 and

2002 under the Acts of 1952, 1962, 1972 and 2002.

Statement 1 is correct: The act of Delimitation is redrawing boundaries of Lok Sabha and Assembly constituencies to represent changes in population and done on the basis of the preceding Census. Its objective is to ensure that all population groups are fairly represented, with equitable geographic distribution so that no political party benefits. A Delimitation Commission is in charge of carrying out this exercise, and its decisions are binding and cannot be challenged in court. However, in Kishorchandra Chhanganlal Rathod case SC held that constitutional courts have the power to review orders of the Delimitation Commission

Statement 2 is correct: When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.

Explanation

Statement 1 is correct: Article 112 of the Indian Constitution deals with placing annual financial statements in Parliament. It outlines the estimated revenue and expenditure of the government for the upcoming financial year. It is a key tool for Parliament to examine, debate, and approve the government’s financial plans:

Statement 2 is correct: Article 114 mandates that the government can withdraw money from the Consolidated Fund of India only after receiving approval from Parliament after passage of the Appropriation Bill.

Statement 3 is correct: If the government needs extra funds, it requests supplementary grants via a Supplementary Appropriation Bill. A Vote-on-Account provides interim funds until the full budget is approved. It is passed (or granted) after the general discussion on budget is over. It is generally granted for two months for an amount equivalent to one-sixth of the total estimation.

Statement 4 is incorrect: There is no such Parliamentary budget office to review programs of Government. The Estimate Committee of parliament reviews policies and continuously examines estimates of programs from time to time throughout the year.

Statement 5 is correct: The Finance Bill is a key legislative instrument that Parliament must pass to give effect to the government’s tax proposals, which are an essential part of the Budget.

Explanation

The original jurisdiction of the Supreme Court of India refers to matters that can be directly brought before the Court without needing to pass through lower courts. The Constitution of India under Article 32 and 131 outlines the original jurisdiction of the Supreme Court.

Statement 1 is correct: According to Article 131, a dispute between the Government of India and one or more States.

Statement 2 is incorrect: As per Article 329 (b), no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. Hence as it cant be taken to SC court directly it does not come under original jurisdiction.

Statement 3 is incorrect: Article 131 doesn’t mention UT anywhere. Further, the original jurisdiction mentioned in 131 is regarding issues between the federal units.

Statement 4 is correct: According to Article 131, a dispute between two or more states comes under the Original jurisdiction of the Supreme Court.

Explanation

Statement 1 is correct: Under Article 124(2) and its interpretations in various SC judgments, The judges of the SC are appointed by the President based on the recommendations of the collegium system, which involves the Chief Justice of India and senior judges of the SC (In case of elevating a HC judge, CJ of concerned HC is also consulted).

Statement 2 is incorrect: SC judge can be removed from his office by an order of President. The President can order for removal of SC Judge only after an address by Parliament has been presented to him in the same session for such removal.

Statement 3 is correct: The salaries, allowances and pensions of the judges and the staff as well as all the administrative expenses of the SC are charges on the Consolidated Fund of India. Thus they are non-votable by the Parliament.

Statement 4 is incorrect: Under Article 146. The Chief Justice of India can appoint officers and servants of the SC and can also prescribe their conditions of service.

Explanation

PESA 1996. is a vital instrument in promoting participatory democracy and inclusive development in tribal areas. PESA Act, 1996: Key Features

1. Applies to Schedule V Areas: Extends Panchayati Raj provisions to tribal areas.

2. Empowers Gram Sabha (Section 4): Authority over resources, land, markets, and dispute resolution.

3. Recognizes Tribal Rights: Protects customs, traditions, and resource management.

4. Prevents Exploitation: Requires community consent for land acquisition and mining.

5. Promotes Self-Governance: Decentralizes power to tribal communities.

Statement 1 is correct: Under Section 4(m)(iii) of PESA 1996. Gram Sabha has the power to prevent alienation of land and to restore any unlawfully alienated land of a scheduled tribe.

Statement 2 is correct: The Gram Sabha, under the PESA Act, was granted wide-ranging powers, including consultation on land acquisition, ownership of minor forest produce, and the right to be consulted on leasing of minor minerals in Scheduled Areas.

Statement 3 is incorrect: As per Section 4(k) and 4(l) of the PESA Act, the Gram Sabha must be consulted before the state grants licenses for minor minerals(not all minerals) in Scheduled Areas.

Explanation

Statement 1 is incorrect: The CAG does not exercise exchequer control during emergencies (whether national or financial). The Finance Ministry and the Department of Economic Affairs are responsible for the management of the exchequer during such emergencies. The CAG’s role remains to audit and report on the use of public funds, but it does not have direct control over financial matters during an emergency.

Statement 2 is correct: PAC’s chief function is to examine the audit report of Comptroller and Auditor General (CAG) after it is laid in the Parliament. CAG acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament.

Statement 3 is correct: Information from CAG reports can be used by investigating agencies to press charges against those who have violated the law while managing public finances.

Statement 4 is incorrect: While dealing with the audit and accounting of government and PSUs, CAG does not have certain judicial powers for prosecuting those who violate the law. CAG is merely an advisory body and has some quasi-judicial powers.

Explanation

Statement 1 is correct: One of the notable recommendations made by the Thirteenth Finance Commission was related to the Goods and Services Tax (GST). The Commission recommended the introduction of a GST system as a comprehensive indirect tax reform. Additionally, it proposed a compensation mechanism for states that would face revenue losses during the implementation of the GST. The compensation package was meant to ensure that states did not suffer a revenue shortfall when transitioning from the existing system of sales tax and other taxes to the unified GST. The implementation of GST was linked to a timeline, and the Commission suggested setting up a GST compensation fund.

Statement 2 is incorrect: While the Thirteenth Finance Commission did acknowledge the importance of utilizing India’s demographic dividend (the large working-age population), it did not specifically design a detailed job creation strategy or suggest a mechanism for creating lakhs of jobs in the next decade. The Commission focused more on fiscal and financial management, including issues related to devolution of funds, and did not specifically lay out detailed employment schemes.

Statement 3 is correct: The Thirteenth Finance Commission recommended a specified share of central taxes to be devolved to local bodies (i.e., rural and urban local bodies) as part of the decentralization process. This was aimed at strengthening local governance and ensuring that local bodies had sufficient funds to implement schemes for development and welfare at the grassroots level.

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.