UPSC 2023 Polity Questions with Answers

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.

Explanation

The Constitution of India is a foundational document outlining the basic laws, principles, and structure of the state, guiding all government actions. It serves as a legal, political, and social instrument, acting as the supreme law under which all regulations and institutions function. The Constitution defines citizens’ rights, ensuring they are protected from infringement by the state. Politically, it establishes, distributes, and limits government power, while socially, it reflects shared values and a civic vision for the state.

Explanation

Statement 1 is incorrect: As per Article 54 of the Constitution, the President of India is elected by the Members of an Electoral College consisting of:

The elected members of both Houses of Parliament.

The elected members of the Legislative Assemblies of all States [including the National Capital Territory of Delhi and the Union Territory of Puducherry]. The Members nominated to either House of Parliament or the Legislative Assemblies of States, including NCT of Delhi and Union Territory of Puducherry, are not eligible to be included in the Electoral College.

Statement 2 is incorrect: The higher the number of elective Assembly seats, the higher the value of the vote of each MLA of that State is not always true as it depends on the ratio of the total population to the total number of elective seats.

Statement 3 is incorrect: The value of the vote of each MLA of Madhya Pradesh is less than that of Kerala, as it depends on the ratio of the total population to the total number of elective seats.

Statement 4 is correct: Based on the ratio of the total population to the total number of elective seats in the State value of the vote of each MLA of Puducherry is higher than that of Arunachal Pradesh.

Explanation

Statement 1 is incorrect: If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force.

Statement 2 is incorrect: Where an assembly is dissolved, the members cease to be qualified to vote in Presidential elections, even if fresh elections to the dissolved assembly are not held before the Presidential elections.

Statement 3 is incorrect: When a bill is sent to the President after it has been passed by the Parliament, he can give his assent to the bill, withhold his assent to the bill or return the bill (if it is not a money bill) for reconsideration of the Parliament. No time limit has been fixed by the Constitution within which the President has to give his/her assent to the bill.

Explanation

Statement 1 is incorrect: A Finance Bill (other than a Money Bill) is not solely a Money Bill, so the Rajya Sabha has the power to suggest amendments or reject it. However, If the finance bill is a money bill Rajyasabha has no power to amend or reject the bill.

Statement 2 is correct: As per Article 110, Rajya Sabha has no power to amend or reject a Money Bill. It can only make recommendations, which the Lok Sabha may accept or reject. If Rajya Sabha does not act within 14 days, the Money Bill is deemed to have been passed.

Statement 3 is correct: For the Money Bill, the Lok Sabha’s decision is final. So there is no question of deadlock. However, for a Finance Bill(other than Money Bill), in case of a disagreement, a joint sitting of both Houses may be called, as it is a normal Bill and not a Money Bill.

Explanation

Statement 1 is correct: The Supreme Court of India has held in several judgments - Indra Sawhney v Union of India (1992) and M Nagaraj v Union of India (2006) that the reservation policies made under Article 16(4) of the Constitution would be limited by Article 335, which provides for ‘maintenance of efficiency of administration’, while considering the claims of the Scheduled Castes (SCs) and the Scheduled Tribes (STs) in the making of appointments to public services and posts.

Statement 2 is incorrect: Article 335 mentions that the claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) must be considered in appointments to services and posts, but this must be consistent with the maintenance of efficiency in administration. However, Article 335 does not define the term "efficiency of administration", leaving its interpretation to judicial and administrative discretion. This gap in interpretation was filled by a two-judge bench in the B K Pavitra (II) v Union of India (2019), as it held that ‘efficiency of administration in the affairs of the union or of a state must be defined in an inclusive sense, where diverse segments of society find representation as a true aspiration of governance by and for the people’.

Explanation

Option 1 is correct: The National Commission for Backward Classes (NCBC) was initially constituted by the Central Govt through the National Commission for Backward Classes Act, 1993, which was repealed through the National Commission for Backward Classes (Repeal) Act, 2018. At present, the commission has been accorded Constitutional Status and constituted through the Constitution (One Hundred and Second Amendment) Act, 2018 whereby Article 338B has been inserted, forming a Commission for the socially and educationally backward classes to be known as National Commission for Backward Classes.

Option 2 is incorrect: The National Human Rights Commission (NHRC) of India was established under the Protection of Human Rights Act (PHRA), 1993 and amended by the Protection of Human Rights (Amendment) Act, 2006. It is in conformity with the Paris Principles, for the promotion and protection of human rights. Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

Option 3 is incorrect: The Law Commission of India is a non-statutory body and is constituted by a notification of the Government of India, Ministry of Law & Justice, Department of Legal Affairs with a definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.

Option 4 is incorrect: The National Consumer Disputes Redressal Commission (NCDRC), India, is a quasi-judicial commission in India that was set up in 1988 under the Consumer Protection Act, 1986 (now replaced by the Consumer Protection Act, 2019).

Explanation

The Fifteenth Finance Commission (XVFC)’s Term of Reference was unique and wide-ranging in many ways. The Commission was asked to recommend performance incentives for States in many areas like the power sector, adoption of DBT, solid waste management, etc. The XV FC’s Report is organised in four volumes and deals with two kinds of devolution:

Vertical Devolution: distribution of net proceeds of taxes between the Union and states. Horizontal Devolution: distribution of net proceeds of taxes among the states. Options 1, 2 and 5 are correct:

Horizontal Devolution based on principles of need, equity and performance, the overall devolution formula is as follows:

Criteria Weight (%) Tax and Fiscal Efforts 2.5 Demographic Performance 12.5 Demographic performance: States with better performance in controlling population growth were rewarded (12.5% weightage). Forest and ecology: States with a larger share of dense forest area received weightage (10%). Tax and fiscal efforts: States with higher tax collection efficiency were rewarded (2.5%). Options 3 and 4 are incorrect: Governance reforms and stable government were not part of the criteria used by the Fifteenth Finance Commission for horizontal devolution.

Explanation

Statement 1 is incorrect: Home Guards are raised under the Home Guards Act and Rules of the States/Union Territories. The Ministry of Home Affairs provides policy guidance, but the implementation is state-specific.

Statement 2 is correct: The role of Home Guards is to serve as an auxiliary Force to the police in the maintenance of internal security situations, help the community in any kind of emergency such as an air raid, fire, cyclone, earthquake, epidemic etc., help in the maintenance of essential services, promote communal harmony and assist the administration in protecting weaker sections, participate in socio- economic and welfare activities and perform Civil Defence duties.

Statement 3 is correct: Fifteen Border Wing Home Guards (BWHG) Battalions (Bns) have been raised in the border States viz. Punjab (6 Bns.), Rajasthan (4 Bns.), Gujarat (2 Bns.) and one each Battalion for Meghalaya, Tripura and West Bengal to serve as an auxiliary to Border Security Force for preventing infiltration on the international border/coastal areas, guarding of Vital Areas/ Vital Points and lines of communication in the vulnerable area at the time of external aggression.