Q81. Consider the following statements:
1. ‘Right to the City’ is an agreed human right, and the UN-Habitat monitors the commitments made by each country in this regard.
2. ‘Right to the City’ gives every occupant of the city the right to reclaim public spaces and public participation in the city.
3. ‘Right to the City’ means that the State cannot deny any public service or facility to the unauthorized colonies in the city.
Which of the statements given above is/are correct?
(a) 1 only
(b) 3 only
(c) 1 and 2
(d) 2 and 3
Solution C
Statement 1 is correct: ‘Right to the City’ is indeed considered an agreed human right, and the United Nations Human Settlements Programme (UN-Habitat) monitors the commitments made by countries regarding this right.
Statement 2 is correct: ‘Right to the City’ is an agreed human right monitored by UN-Habitat, and it gives every occupant of the city the right to reclaim public spaces and participate in city life.
Statement 3 is incorrect: The ‘Right to the City’ does not necessarily mean that the State cannot deny any public service or facility to unauthorized colonies in the city. The ‘Right to the City’ primarily refers to the concept that urbanization should be based on principles of social justice, equity, and inclusiveness. It emphasizes the right of all inhabitants to participate in and influence the city’s development and decision-making processes.
Q82. With reference to India, consider the following statements:
1. Judicial custody means an accused is in the custody of the concerned magistrate, and such an accused is locked up in the police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Solution B
Statement 1 is incorrect: Judicial custody means an accused is in the custody of the concerned magistrate, and the accused is kept in jail, not in a police station. In judicial custody, the accused is held in prison under the authority of the court during the trial period. Police Custody means that police has the physical custody of the accused and the accused is lodged in police station lockup.
Statement 2 is correct: During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court. The court oversees and controls the circumstances under which the accused can be questioned or interrogated.
Q83. With reference to India, consider the following statements:
1. When a prisoner makes out a sufficient case, parole cannot be denied to such a prisoner because it becomes a matter of his/her right.
2. State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Solution B
Statement 1 is incorrect: Parole is not an absolute right of a prisoner. It is a temporary release of a prisoner from prison, granted by authorities based on certain conditions and circumstances. Parole is typically allowed for specific reasons, such as attending to personal or family matters, medical treatment, or good behavior. It is not an automatic right, and authorities may deny parole if they believe the prisoner does not meet the necessary criteria or if it poses a security risk.
Statement 2 is correct: State Governments in India have their own Prisoners Release on Parole Rules. Each state may have its own guidelines and rules for granting parole to prisoners based on their specific legal frameworks.
Since prisons are a State subject in the Constitution, the Prisons Act of each state government defines the rules under which parole is granted in that state.
In India, parole (as well as furlough) are covered under The Prisons Act of 1894.
Prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole.
Q84. At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?
(a) Ministry of Environment, Forest and Climate Change
(b) Ministry of Panchayati Raj
(c) Ministry of Rural Development
(d) Ministry of Tribal Affairs
Solution D
The Ministry of Tribal Affairs is responsible for overseeing the implementation and monitoring of the Forest Rights Act at the national level.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), is a crucial legislation aimed at recognizing and vesting forest rights and occupation in forest land to forest-dwelling Scheduled Tribes and other traditional forest dwellers. The Act provides for the recognition of individual and community rights over forest land and resources.
Some of the important provisions of the Forest Rights Act are:
1. Recognition of Forest Rights: The Act recognizes the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over the land they have been residing in and dependent on for their livelihoods, cultivation, habitation, or any other traditional use.
2. Individual and Community Rights: The Act provides for both individual and community rights. It allows individuals and communities to claim rights over land and resources for habitation, self-cultivation, livelihoods, and other traditional uses.
3. Rights of Cultivation: Forest dwellers have the right to cultivate land they have been traditionally using for agricultural purposes. This includes the right to own, use, and transfer the land for agriculture.
4. Community Forest Rights: The Act recognizes the rights of forest-dwelling communities over community forests. It empowers the community to protect, manage, and conserve community forests for sustainable use.
5. Rights of Displaced Communities: The Act provides for the rights of displaced communities who were unable to prove their rights due to historical reasons. They have the right to be resettled and rehabilitated in suitable locations.
6. Right to Conservation: Forest dwellers have the right to protect, regenerate, and conserve the biodiversity and cultural heritage of their habitats.
7. Recognition of Rights: The Act mandates the government to undertake the process of recognizing and vesting forest rights in eligible individuals and communities. This includes conducting surveys, receiving claims, and determining the rights in a transparent manner.
8. No Evictions: The Act prohibits the eviction of forest-dwelling Scheduled Tribes and other traditional forest dwellers from their forest lands and resources without following the due process of law.
9. Gram Sabhas’ Role: The Act gives a central role to Gram Sabhas (village assemblies) in the process of recognizing and vesting forest rights. Gram Sabhas play a crucial role in verifying claims and making decisions about the rights of forest dwellers.
10. Appeals Mechanism: The Act provides for an appeals mechanism in case of disputes or dissatisfaction with the decisions made by the authorities in the recognition of forest rights.
The Forest Rights Act aims to correct historical injustices and empower forest-dwelling communities to have secure rights over their traditional lands and resources. It emphasizes the conservation and sustainable management of forests while promoting the well-being and livelihoods of forest-dependent communities.
Q85. A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?
(a) Article 14
(b) Article 28
(c) Article 32
(d) Article 44
Solution A
Article 14 of the Constitution of India guarantees the right to equality before the law and equal protection of the laws to all citizens. It states that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
If a legislation grants the executive or administrative authority unguided and uncontrolled discretionary power, it could lead to arbitrary and discriminatory actions, violating the principle of equality enshrined in Article 14. The provision of unbridled discretion without any guidelines or checks can lead to potential abuse of power and denial of equal protection of the laws to certain individuals or groups.
Q86. Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
(a) The independence of judiciary is safeguarded.
(b) The Union Legislature has elected representatives from constituent units.
(c) The Union Cabinet can have elected representatives from regional parties.
(d) The Fundamental Rights are enforceable by Courts of Law.
Solution A
Some of the prominent federal features are as follows:
Division of Powers: The Constitution divides powers between the central government (Union) and the state governments (Schedule VII). It lists the subjects on which each level of government can legislate, known as the Union List, State List, and Concurrent List.
Bicameral Legislature: The Indian Parliament consists of two houses, the Lok Sabha (House of the People) representing the people and the Rajya Sabha (Council of States) representing the states. This bicameral setup reflects the federal nature of the legislature.
Representation of States in Parliament: The Rajya Sabha represents the states of India, and its members are elected by the members of the state legislative assemblies, thereby providing representation to the states at the national level.
Dual Polity: India has a dual polity with both central and state governments operating independently within their respective spheres of influence.
Independence of Judiciary: India has a federal judiciary with a Supreme Court as the apex body and High Courts in each state. The judiciary has the authority to interpret the Constitution and resolve disputes between the Union and states
Q87. Which one of the following best defines the term ‘State’?
(a) A community of persons permanently occupying a definite territory independent of external control and possessing an organized government
(b) A politically organized people of a definite territory and possessing an authority to govern them, maintain law and order, protect their natural rights and safeguard their means of sustenance
(c) A number of persons who have been living in a definite territory for a very long time with their own culture, tradition, and government
(d) A society permanently living in a definite territory with a central authority, an executive responsible to the central authority, and an independent judiciary
Solution A
State is a political organization of society. The state is a form of human association distinguished from other social groups based on its purpose of formation.
Following are the elements of a state:
1. People, i.e. the community of persons permanently living there.
2. Government: Refers to the system or institution through which a state exercises its authority and performs the functions of governing a society.
3. Territory: Demarcated boundary that separates one state from the other.
4. Sovereignty: It has independent say in all domestic and external decision making.
Q88. With reference to the Indian judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgment as the Supreme Court does.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2 only
(d) Neither 1 nor 2
Solution C
Statement 1 is correct: Article 128: Chief Justice of India may at any time, with the previous consent of the president, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court.
Statement 2 is also correct: Article 215: Every High Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself. As a court of record, a High Court in India has the power to review its own judgment (Pottakalathil Ramakrishnan v. Thahsildar, Tirur & Ors.).
Q89. With reference to India, consider the following statements:
1. There is only one citizenship and one domicile.
2. A citizen by birth only can become the Head of State.
3. A foreigner once granted the citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3
(d) 2 and 3
Solution A
In India, we have single citizenship, i.e., a person can have only one citizenship. Also, at a particular time, a person can have only one domicile. Thus, statement 1 is correct.
Any citizen (Citizen by birth or Naturalised Citizen) can become the Head of State, i.e., the President, in India. So, statement 2 is not correct.
A foreigner once granted the citizenship can be deprived of the citizenship under circumstances like registration is done by fraud, the person is disloyal towards the constitution, voluntarily acquires citizenship of another country, etc. So, statement 3 is not correct.
Q90. Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?
(a) A committed judiciary
(b) Centralization of powers
(c) Elected government
(d) Separation of powers
Solution D
Option (a) is not correct: Committed judiciary, i.e., a judiciary committed to the policies of the government, will never go against the government’s policies. Such a judiciary may not be able to effectively protect liberty as it may be influenced by the government’s agenda.
Option (b) is also not correct: Centralization of power refers to a setup in which decision-making powers are concentrated in a few leaders at the top of the organizational structure. This concentration of power may lead to authoritarian tendencies and can impact liberty negatively.
Option (C) is also not correct: An elected government is representative of the people and is expected to ensure liberty. While elected governments play a crucial role in safeguarding liberty, they may not be the best and sole safeguard.
Option (d) is the correct answer: Separation of power, which includes the three branches of government – executive, legislature, and judiciary – ensures a system of checks and balances. This mechanism helps prevent the abuse of power by other organs of the government and avoids the concentration of authority in one branch. This separation helps in checking authoritarian tendencies and is considered the best safeguard to protect liberty.
In conclusion, separation of powers is the most effective safeguard of liberty in a liberal democracy as it prevents the abuse of power and ensures the protection of individual rights and freedoms.