UPSC Essentials | Daily subject-wise quiz — Polity and Governance (Week 12)

Each day, we cover one new subject. Attempt today’s subject quiz on Polity and Governance to check your progress. Come back tomorrow to solve the History, Culture, and Social Issues MCQs. Don’t miss checking the answers and explanations at the end of the quiz.

QUESTION 1

With reference to the process for recusal, consider the following statements:

1. It comes from the judge herself as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest.

2. There are formal rules governing recusals.

Which of the above statement(s) is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

QUESTION 2

Consider the following statements:

1. Modern slavery refers to situations of exploitation that a person cannot refuse or leave because of threats, violence, coercion, deception, or abuses of power.

2. Article 22 of the Constitution of India deals with the prohibition of traffic in human beings and forced labour.

Which of the above statement(s) is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

QUESTION 3

With reference to the Attorney General of India, consider the following statements:

1. He should be qualified to be appointed a Judge of the Supreme Court.

2. He gives advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President.

3. He has the right to vote in all courts in the territory of India.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

QUESTION 4

With reference to the power of the Governor under the Sixth Schedule, consider the following:

1. Create a new autonomous district

2. Increase the area of any autonomous district

3. Alter the name of any autonomous district

4. Unite two or more autonomous districts or parts thereof so as to form one autonomous district

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) Only three

(d) All four

QUESTION 5

Consider the following pairs:

(Article)         ( Available Against)

17                     State and Individual
19                     State only
23                     State and Individual

How many of the above pairs are correctly matched?

(a) Only one

(b) Only two

(c) All three

(d) None

ANSWERS TO MCQs

1. (a)

FYI:

— Two Supreme Court judges — Justice Indira Banerjee and Justice Aniruddha Bose — have recused themselves from hearing cases relating to West Bengal.

— When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case. The conflict of interest can be in many ways — from holding shares in a company that is a litigant to having a prior or personal association with a party involved in the case.

— The decision to recuse generally comes from the judge herself as it rests on the conscience and discretion of the judge to disclose any potential conflict of interest. Hence, statement 1 is correct.

— In some circumstances, lawyers or parties in the case bring it up before the judge. If a judge recuses, the case is listed before the Chief Justice for allotment to a fresh Bench.

— There are no formal rules governing recusals, although several Supreme Court judgments have dealt with the issue. Hence, statement 2 is not correct.

Therefore, option (a) is the correct answer.

2. (a)

FYI:

— Global Slavery Index presents a global picture of modern slavery. It is constructed by Walk Free, a human rights organisation and is based on data provided by the Global Estimates of Modern Slavery, which, in turn, is produced by the International Labour Organization (ILO), Walk Free, and International Organization for Migration (IOM).

— According to the index, “modern slavery” refers to situations of exploitation that a person cannot refuse or leave because of threats, violence, coercion, deception, or abuses of power. Modern slavery is an umbrella term and includes a whole variety of abuses such as forced labour, forced marriage, debt bondage, sexual exploitation, human trafficking, slavery-like practices, forced or servile marriage, and the sale and exploitation of children. Hence, statement 1 is correct.

— Article 23 of the Constitution of India deals with the prohibition of traffic in human beings and forced labour.
Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law. Hence, statement 2 is not correct.

Therefore, option (a) is the correct answer.

(Other Source: Constitution of India)

3. (b)

FYI:

— Attorney General for India is appointed under Article 76(1) by the President from among persons who are “qualified to be appointed a Judge of the Supreme Court”. Hence, statement 1 is correct.

— Article 76(4) says “The Attorney-General shall hold office during the pleasure of the President and shall receive such remuneration as the President may determine.

— It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. Hence, statement 2 is correct.

— In the performance of his duties, the Attorney-General shall have the right of audience in all courts in the territory of India. Hence, statement 3 is not correct.

Therefore, option (b) is the correct answer.

(Other Source: Constitution of India)

4. (d)

FYI:

— The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs) — that have some legislative, judicial, and administrative autonomy within a state.

— The Sixth Schedule applies to the Northeastern states of Assam, Meghalaya, Mizoram (three Councils each), and Tripura (one Council).

— If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions.

— The Governor may, by public notification,—

(a) include any area in any of the Parts,

(b) exclude any area from any of the Parts,

(c) create a new autonomous district,

(d) increase the area of any autonomous district,

(e) diminish the area of any autonomous district,

(f) unite two or more autonomous districts or parts thereof so as to form one autonomous district,

(ff) alter the name of any autonomous district],

(g) define the boundaries of any autonomous district.

Therefore, option (d) is the correct answer.

(Other Source: Constitution of India)

5. (b)

FYI:

— The 4-1 majority ruling by the Constitution Bench ruled that a fundamental right under Article 19/21 can be enforced even against persons other than the State or its instrumentalities. Hence, pair 2 is not correct.

— Article 19 which guarantees freedom of speech and expression is a right invoked against the state.
Some fundamental rights such as those prohibiting untouchability (Article 17), trafficking and bonded labour (Article 23) are explicitly against both the state and other individuals. Hence, pair 1 and pair 3 are correct.

— The original thinking of this court that these rights can be enforced only against the State, changed over a period of time. The transformation was from ‘State’ to ‘Authorities’ to ‘instrumentalities of State’ to ‘agency of the Government’ to ‘impregnation with Governmental character’ to ‘enjoyment of monopoly status conferred by State’ to “deep and pervasive control” to the “nature of the duties/functions performed.

Therefore option (b) is the correct answer.

New initiative for UPSC Mains

UPSC CSE Mains 2023 season has begun. Are you ready for it? UPSC Essentials brings to you its new initiative for the practice of Mains answer writing. Mains Answer Writing will cover essential topics of static and dynamic parts of the UPSC Civil Services syllabus covered under various GS papers. This answer-writing practice is designed to help you as a value addition to your UPSC CSE Mains. Try it out!

UPSC Essentials: Mains answer practice — GS 1 (Week 1)

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UPSC Essentials: Mains answer practice — GS 1 (Week 4)

UPSC Essentials: Mains answer practice — GS 2 (Week 1)

UPSC Essentials: Mains answer practice — GS 2 (Week 2)

UPSC Essentials: Mains answer practice — GS 2 (Week 3)

UPSC Essentials: Mains answer practice — GS 3 (Week 2)

UPSC Essentials: Mains answer practice — GS 3 (Week 3)

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