UPSC 2019 Polity Questions with Answers

Explanation

According to OECD the term social capital can be defined as "networks together with shared norms, values and understandings that facilitate co-operation within or among groups". It consists of trust, mutual understanding, shared values and behaviour that bind together the members of a community and make cooperative action possible. Such interaction enables people to build communities, to commit themselves to each other, and to knit the social fabric. The proportion of literates in the population and the size of population in the working age group can be the examples of human capital. The stock of its buildings, other infrastructure and machines is the example of physical capital.

Explanation

The Fifth Schedule of the Constitution governs the administration and control of Scheduled Areas and Scheduled Tribes. Article 244(1) defines these areas as specified by the President. In the landmark Samatha v. State of Andhra Pradesh (1997) case, the Supreme Court ruled that transferring tribal land to private parties, including for mining, is null and void, reinforcing safeguards for tribal rights. The Governor, with advice from the Tribal Advisory Council (TAC), can make regulations for peace and good governance in these areas. These can include restrictions on land transfers, allotments, and money-lending activities involving scheduled tribes.

Explanation

The Ninth Schedule of the Indian Constitution was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. At this time, Jawaharlal Nehru was the Prime Minister of India. He remained in the office from the year 1947 to 1964. This schedule deals with the provisions as to validation of certain Acts and Regulations of the state legislatures primarily dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters.

Explanation

Liberty is generally understood not as the absence of restraint or mere freedom to do whatever one likes, but as the freedom to develop one’s full potential within the framework of laws and rights that ensure the same freedom for others. This idea aligns with the concept of positive liberty, which is the ability to act in ways that allow personal and collective growth, while also respecting the freedoms of others.

Explanation

Article 21 of the Constitution of India guarantees the "right to life and personal liberty", which the Supreme Court has interpreted to include the right to marry a person of one’s choice. In several landmark judgments, the Court has emphasized that this right is part of an individual’s personal liberty, and any interference with it must meet strict scrutiny under the Constitution. In the famous Hadiya case(Shafin Jahan v. Asokan K.M.), the court held that the right to choose a partner is essential to a person’s meaningful existence and autonomy.

Explanation

Statement 1 is incorrect: It was the 39th Constitutional Amendment (1975), passed during the Emergency, that placed elections for key offices like Prime Minister beyond judicial review. The 44th Amendment (1978) reversed several provisions of the 42nd Amendment, restoring civil liberties and the right to property.

Statement 2 is correct: The 99th Constitutional Amendment aimed to establish the National Judicial Appointments Commission (NJAC). But in 2015, the Supreme Court struck it down, affirming the collegium system. Justice JS Kehar, who was part of the bench that struck down the NJAC, emphasized that NJAC undermined the judicial independence which is crucial for safeguarding citizens’ rights.

Explanation

Statement 1 is incorrect: Though the 42nd Amendment Act of 1976 curtailed the power of HC in judicial review and debarred the HC from considering the constitutional validity of any central law. But the 43rd Amendment Act of 1978 restored the original position of the HC. Moreover now the HC is considered as the principal civil courts of original jurisdiction in each state and union territory. They can declare any central law to be constitutionally invalid in their jurisdiction.

Statement 2 is incorrect: The Constitution of India allows for amendments under Article 368 but the Supreme Court has the authority to review constitutional amendments, particularly to ensure that such amendments do not violate the basic structure of the Constitution. The Kesavananda Bharati case (1973) established the basic structure doctrine, where the Supreme Court ruled that Parliament could amend the Constitution but could not alter its basic structure.

Explanation

Statement 1 is correct: There is no bar on how many offices can be exempted from the purview of the law. In the past the Supreme Court also held that the Parliament (Prevention of Disqualification) Amendment Act, 2006 exempting 55 offices occupied by members of Parliament from disqualification was constitutionally valid.

Statement 2 is correct: Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended five times to expand the exempted list. Amended was made in the following years: 1960, 1977, 1993, 2006, 2013.

Statement 3 is incorrect: The expression ‘office of profit’ is mentioned in the Articles 102(1)(a) and 191(1)(a) of Constitution but it has neither been ‘defined’ in the Indian Constitution nor in the Representation of the People Act, 1951.

Explanation

In India, independent regulators in sectors like telecommunications, insurance, and electricity play a crucial role in ensuring that these sectors function efficiently and fairly.

Statement 1 is correct: Ad Hoc Committee set up by Parliament:

Temporary committees formed for specific purposes, including reviewing regulators.

Statement 2 is correct: Parliamentary Department Related Standing Committee: Main body responsible for scrutinizing independent regulators in sectors like telecommunications, insurance, and electricity.

Statement 3 is incorrect: Finance Commission: Primarily deals with financial devolution between the Union and States, not regulatory reviews.

Statement 4 is incorrect: Financial Sector Legislative Reforms Commission (FSLRC): Was a one-time commission (2011) to review financial sector laws, not independent regulators.

Statement 5 is incorrect: NITI Aayog: Works as a policy think tank, but does not formally review regulators.

Explanation

Judges (Inquiry) Act, 1968 was passed to regulate the procedure for the investigation and proof of the misbehaviour or incapacity of a judge of the Supreme Court or of a High Court.

Statement 1 is incorrect: As per the Judges (Inquiry) Act, 1968, a removal motion signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha) is to be given to the Speaker/ Chairman. The speaker has the discretion to accept or reject the motion. Statement is 2 incorrect: The Constitution of India does not define and gives details of the expression ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India which are the ground for the impeachment of the Judges.

Statement 3 is correct: The details of the process of impeachment of the Judges of the Supreme Court of India is governed by the Judges Enquiry Act (1968).

Statement 4 is correct: If the motion for the impeachment of a Judge is taken up for voting, the law requires that the motion be passed by a ‘special majority’ i.e. majority of the total membership of the House and majority of not less than two thirds members present and voting.