UPSC/IAS polity prelim previous year question paper topicwise from 2011-2020

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UNION PUBLIC SERVICE COMMISSION (UPSC)  PREVIOUS YEAR QUESTION OF  POLITY  FROM  2011-2020


 


PRIME MINISTER/PRESIDENT



In India, if a religious sect/community is given “the status of a national minority, what special advantages it is entitled to?(2011)
      1. It can establish and administer exclusive educational institutions.
      2. The President of India automatically nominates a representative of the community to LokSabha.
      3. It can derive benefits from the Prime Minister’s 15-Point Programme.
Which of the statements given above is/are correct?
(a.) 1 only
(b.) 2 and 3 only’
(c.) 1 and 3 only
(d.) 1, 2 and 3
Solution (c)

Consider the following statements :
1. The Executive Power of the union of India is vested in the Prime Minister.
2. The Prime Minister is the ex officio Chairman of the Civil Services Board.
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: d) 

Consider the following statements: 2014

      1. The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
      2. All executive actions of the Government of India shall be expressed to be taken in the name of the Prime MinisterX no its PRESIDENT 
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 (A)


BODY: CONSTITUTIONAL/NONCONSTITUTIONAL


Q. The Government of India has established NITI Aayog to replace the
a) Human Rights Commission
b) Finance Commission
c) Law Commission
d) Planning Commission
Solution: d)
 
Difference between Niti Ayog and Planning Commission.
Planning Commission was an advisory body, and so is Niti Ayog. But the key difference between them is that while the former had powers to allocate funds to ministries and states; this function will be now of finance ministry. Niti Ayog is essentially a think tank and…

Which of the following are associated with ‘Planning’ in India? 2014
The Finance Commission
The National Development Council
The Union Ministry of Rural Development
The Union Ministry of Urban Development
The Parliament
Select the correct answer using the code given below.
1, 2 and 5 only
1, 3 and 4 only
2 and 5 only
1, 2, 3, 4 and 5
Solution (c)

Consider the following statements:(2013)
National Development Council is an organ of the Planning Commission.
The Economic and Social Planning is kept in the Concurrent List in the Constitution of India.
The Constitution of India prescribes that Panchayats should be assigned the task of preparation of plans for economic development and social justice.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
Solution (b)

Seventh Schedule
Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List
III (Concurrent List). Presently, the Union List contains 100 subjects (originally 97), the state list contains 61
subjects (originally 66) and the concurrent list contains 52 subjects (originally 47).
246

Who among the following constitute the National Development Council?(2013)
The Prime Minister
The Chairman, Finance Commission
Ministers of the Union Cabinet
Chief Ministers of the States
Select the correct answer using the codes given below:
(a) 1, 2 and 3 only
(b) 1, 3 and 4 only
(c) 2 and 4 only
(d) 1, 2, 3 and 4
Solution (b)

In India, other than ensuring that public funds are used efficiently and for intended purpose, what is the importance of the office of the Comptroller and Auditor General (CAG)? (2012)

CAG exercises exchequer control on behalf of the Parliament when the President of India declares national emergency/financial emergency.
CAG reports on the execution of projects or programmes by the ministries are discussed by the Public Accounts Committee.
Information from CAG reports can be used by investigating agencies to press charges against those who have violated the law while managing public finances.
While dealing with the audit and accounting of government companies, CAG has certain judicial powers for prosecuting those who violate the law.
Which of the statements given above is/are correct?
(a) 1, 3 and 4 only
(b) 2 only
(c) 2 and 3 only
(d) 1, 2, 3 and 4
Solution (c)

Which of the following is /are among the noticeable features of the recommendations of the Thirteenth Finance Commission? (2012)
A design for the Goods and Services Tax, and a compensation package linked to adherence to the proposed design
A design for the creation of lakhs of jobs in the next ten years in consonance with India’s demographic dividend
Devolution of a specified share of central taxes to local bodies as grants
Select the correct answer using the codes given below :
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Solution (c)


PARLIAMENT:LOK SABHA/RAJYA SABHA/SITTINGS/COMMITTIES


2020 PRELIM QUESTION

Q2. Rajya Sabha has equal powers with Lok Sabha in
(a) the matter of creating new All India Services
(b) amending the Constitution
(c) the removal of the government
(d) making cut motions
Answer: (b)

      • Parliament meeting

2011 Prelims Questions and Solutions
What is the difference between “ vote-on-account ” and “interim budget”? (2011)
      1. The provision of a “vote-on-account” is used by a regular Government, while an “interim budget” is a provision used by a caretaker Government.
      2. A “vote-on-account” only deals with the expenditure in Government’s budget, while an “interim budget” includes both expenditure and receipts.
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)

Vote on Account

Vote on Account is a grant in advance to enable the government to carry on until the voting of demands for grants and the passing of the Appropriation Bill and Finance Bill.

This enables the government to fund its expenses for a short period of time or until a full-budget is passed. Normally, the Vote on Account is taken for two months only. The sum of the grant would be equivalent to one sixth of the estimated expenditure for the entire year under various demands for grants.

As a convention, a vote-on-account is treated as a formal matter and passed by Lok Sabha without discussion.

Can Vote on Account be granted for more than 2 months?

Yes. During election year or when it is anticipated that the main Demands and Appropriation Bill will take longer time than two months, the Vote on Account may be for a period exceeding two months.

Difference between Full Budget and Vote on Account

      • Full Budget deals with both expenditure and revenue side but Vote-on-account deals only with the expenditure side of the government’s budget.
      • The vote-on-account is normally valid for for two months but full budget is valid for 12 months (a financial year).
      • As a convention, a vote-on-account is treated as a formal matter and passed by Lok Sabha without discussion. But passing for budget happens only after discussions and voting on demand for grants.

What is an interim budget then?

An INTERIM BUDGET in all practical sense is a full budget, but made by the government during the last year of its term – ie. just before election. An interim Budget is a complete set of accounts, including both expenditure and receipts. But it may not contain big policy proposals.

Is it mandatory for the government to present vote on account instead of full budget in an election year?

During an election year, the ruling government generally opts for a vote-on-account or interim budget instead of a full budget. While technically, it is not mandatory for the government to present a vote-on-account, but it would be inappropriate to impose policies that may or may not be acceptable to the incoming government taking over in the same year.

Which of the following are the methods of Parliamentary control over public finance in India? (2012)

Placing Annual Financial Statement before the Parliament
Withdrawal of moneys from Consolidated Fund of India only after passing the Appropriation Bill
Provisions of supplementary grants and vote-on-account
A periodic or at least a mid-year review of programme of the Government against macroeconomic forecasts and expenditure by a Parliamentary Budget Office
Introducing Finance Bill in the Parliament
Select the correct answer using the codes given below :
(a) 1, 2, 3 and 5 only
(b) 1, 2 and 4 only
(c) 3, 4 and 5 only
(d) 1, 2, 3, 4 and 5
Solution (a)

2013 Prelims Questions and Solutions

What will follow if a Money Bill is substantially amended by the Rajya Sabha? (2013)
(a) The Lok Sabha may still proceed with the Bill, accepting or not accepting the recommendations of the Rajya Sabha
(b) The Lok Sabha cannot consider the Bill further
(c) The Lok Sabha may send the Bill to the Rajya Sabha for reconsideration
(d) The President may call a joint sitting for passing the Bill
Solution (a)

Consider the following statements (2013)
An amendment to the Constitution of India can be initiated by an introduction of a bill in the LokSabha only.
If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.
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 (d)

Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the
Constitution and its procedure. It states that the Parliament may, in exercise of its constituent power,
amend by way of addition, variation or repeal any provision of the Constitution in accordance with
the procedure laid down for the purpose. However, the Parliament cannot amend those provisions
which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the
Kesavananda Bharati case1 (1973).

The Parliament can make any law for whole or any part of India for implementing international treaties(2013)
(a) with the consent of all the States
(b) with the consent of the majority of States
(c) with the consent of the States concerned
(d) without the consent of any State
Solution (d)

In the context of India, which of the following principles is/are implied institutionally in the parliamentary government? (2013)
Members of the Cabinet are Members of the Parliament.
Ministers hold the office till they enjoy confidence in the Parliament.
Cabinet is headed by the Head of the State. X
Select the correct answer using the codes given below.
(a) 1 and 2 only
(b) 3 only X
(c) 2 and 3 only X
(d) 1, 2 and 3 X
Solution (a)

Consider the following statements: (2013)
The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
The Union Ministers shall hold the office during the pleasure of the President of India.
The Prime Minister shall communicate to the President about the proposals for Iegislation.
Which of the Statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
Solution (b)
Collective Responsibility This is the bedrock principle of parliamentary government.
The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular
(Article 75). They act as a team, and swim and sink together.
The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e., council of ministers headed by the prime minister) from office by passing a vote of no confidence.

According to the Constitution of India, it is the duty of the President of India to cause to be laid before the Parliament which of the following?(2012) ??

The Recommendations of the Union Finance Commission
The Report of the Public Accounts Committee
The Report of the Comptroller and Auditor General
The Report of the National Commission for Scheduled Castes
Select the correct answer using the codes given below :
(a) 1 only
(b) 2 and 4 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
Solution (c)

With reference to the Delimitation Commission, consider the following statements :(2012)

The orders of the Delimitation Commission cannot be challenged in a Court of Law.
When the orders of the Delimitation Commission are laid before the LokSabha or State Legislative Assembly, they cannot effect any modifications in the orders.
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 (c)

Consider the following statements: (2013)
The Parliamentary Committee on Public Accounts (PAC)
1. consists of not more than 25 Members of the LokSabha
2. scrutinizes appropriation finance accounts of Government
3. examines the report Comptroller and Auditor and General of India
Which of the statements given above is / are correct?
(a) 1 only
(b) 2 and 3 only
(e) 3 only
(d) 1, 2 and 3
Solution (b)

Consider the following statements regarding a No Confidence Motion in India:
There is no mention of a No Confidence Motion in the Constitution of India.
A Motion of No-Confidence can be introduced in the Lok Sabha only.
Which of the statements given above is / are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Solution (c)

Which one of the following is the largest Committee of the Parliament? 2014
The Committee on Public Accounts
The Committee on Estimates
The Committee on Public Undertakings
The Committee on Petitions
Solution (b)

In the Parliament of India, the purpose of an adjournment motion is(2012)
(a) to allow a discussion on a definite matter of urgent public importance
(b) to let opposition members collect information from the ministers
(c) to allow a reduction of specific amount in demand for grant
(d) to postpone the proceedings to check the inappropriate or violent behaviour on the part of some members
Solution (a)

Consider the following statements:(2012)
Union Territories are not represented in the Rajya Sabha.
It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
According to the Constitution of India, the Parliament consists of the LokSabha and the Rajya Sabha only.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3
(c) 1 and 3
(d) None
Solution (d)

Regarding the office of the LokSabha Speaker, consider the following statements: (2012)
He/She holds the office during the pleasure of the President.
He/She need not be a member of the House at the time of his/her election but has to become a member of the House within six months from the date of his/her election.
If he/she intends to resign, the letter of his/her resignation has to be addressed to the Deputy Speaker.
Which of the statements given above is /are correct?
(a) 1 and 2 only
(b) 3 only
(c) 1, 2 and 3
(d) None
Solution (b)

Which of the following special powers have been conferred on the Rajya Sabha by the Constitution of India? (2012)
(a) To change the existing territory of a State and to change the name of a State
(b) To pass a resolution empowering the Parliament to make laws in the State List and to create one or more All India Services
(c) To amend the election procedure of the President and to determine the pension of the President after his/her retirement
(d) To determine the functions of the Election Commission and to determine the number of Election Commissioners
Solution (b)

2012 Prelims Questions and Solutions

The Prime Minister of India, at the time of his/her appointment: (2012)
(a) need not necessarily be a member of one of the Houses of the Parliament but must become a member of one of the” Houses within six months
(b) need not necessarily be a member of one of the Houses of the Parliament but must become a member of the LokSabha within six months
(c) must be a member of one of the Houses of the Parliament
(d) must be a member of the LokSabha

Solution (a)  laxmikant page no. 19.1

76. Which of the following statements is/are correct? 2016
1. A Bill pending in the Lok Sabha lapses on its prorogation.
2. A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on dissolution of the Lok Sabha.
Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer- B
 
      • Indian Polity by M.Laxmikanth Table 22.1: Statement 1 is wrong- prorogation doesn’t affect the bills of any other business pending before the house.
      • Same book, page 22.12 A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse. So, statement 2 is right.
2016
70. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the

(a) Lok Sabha by a simple majority of its total membership
(b) Lok Sabha by a majority of not less than two-thirds of its total membership
(c) Rajya Sabha by a simple majority of its total membership
(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Answer- D
Consider the following statements:(2013)
 
      1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
      2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.
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)
 The Vice-President is the ex officio Chairman of Rajya Sabha.
 

10. With reference to the Union Government consider the following statements.
 
1. The Department of Revenue is responsible for the preparation
of Union Budget that is presented to the parliament
 
2. No amount can be withdrawn from the Consolidated Fund of India
without the authorization of Parliament of India.
 
3. All the disbursements made from Public Account also need the Authorization
from the Parliament of India
Which of the following statements given above is/are correct?
a) 1 and 2 only
b) 2 and 3 only
c) 2 only
d) 1, 2 and 3
Solution: c)
All revenues received by the Union. Government by way of taxes and other receipts for the conduct of Government business are credited to the: (2011)
(a.) Contingency Fund of India
(b.) Public Account
(c.) Consolidated Fund of India
(d.) Deposits and Advances Fund
Solution (c)
 

The authorization for the withdrawal of funds from the- Consolidated Fund of India must come from:(2011)
(a.) The President of India
(b.) The Parliament of India
(c.) The Prime. Minister of India
(d.) The Union Finance, Minister
Solution (b)

76. Which of the following statements is/are correct? 2016
1. A Bill pending in the Lok Sabha lapses on its prorogation.
2. A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on dissolution of the Lok Sabha.
Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer- B
 
      • Indian Polity by M.Laxmikanth Table 22.1: Statement 1 is wrong- prorogation doesn’t affect the bills of any other business pending before the house.
      • Same book, page 22.12 A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse. So, statement 2 is right.
2016
70. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the

(a) Lok Sabha by a simple majority of its total membership
(b) Lok Sabha by a majority of not less than two-thirds of its total membership
(c) Rajya Sabha by a simple majority of its total membership
(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Answer- D
Consider the following statements:(2013)
 
      1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
      2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.
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)
 The Vice-President is the ex officio Chairman of Rajya Sabha.
 

A deadlock between the LokSabha and the Rajya Sabha calls for a joint sitting of the Parliament during the passage of(2012)
      1. Ordinary Legislation
      2. Money Bill
      3. Constitution Amendment Bill
Select the correct answer using the codes given below :
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Solution (a)
When a bill is referred to a joint sitting both the Houses of the Parliament, has to be passed by ( 2015 )
a) a simple majority of member present and voting
b) three-fourths majority of member present and voting
c) two-thirds majority of the House
d) absolute majority of the House
Solution: a)
Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill.
The bill is passed by a simple majority i.e. majority of the number of members present and voting.
Source: Laxmikanth – Indian Polity – Chapter 22 (Parliament)

Consider the following statements :
1. The Rajya Sabha has no power either to reject or to amend a Money Bill
2. The Rajya Sabha cannot vote on the Demands for Grants.
3. The Rajya Sabha cannot discuss the Annual Financial Statement.
Whic h of the statements given above is/are correct?
a) 1 only
b) 1 and 2 only
c) 2 and 3 only
d) 1, 2 and 3
Solution: b)

 
When the annual Union Budget is not passed by the LokSabha (2011)
(a.) the Budget is modified and presented again
(b.) the Budget is referred to the Rajya Sabha for suggestions
(c.) the Union Finance Minister is asked to resign,
(d.) the Prime Minister submits the resignation of Council of Ministers
Solution (d)


GOVERNMENT OF INDIA ACTs:1773/1784/1811/1833/1853/1858/1909/1919/1935/1942/1947


78. The Government of India Act of 1919 clearly defined
a) the separation of power between the judiciary and the legislature
b) the jurisdiction of the central and provincial governments
c) the powers of the Secretary of State for India and the Viceroy
d) None of the above
Solution: b)
Government of India Act of 1919 ( see laxmikant )


DPSP/PREAMBLE


2020

2015
Consider the following Statements regarding the DPSP/ Directive Principles of State Policy:
1. The Principles spell out the socio-economic democracy in the country
2. The provisions contained in these Principles are not enforceable by any court.
Which of the statements given below are correct?
a) 1 only
b) 2 only
c) Both 1 & 2
d) Neither 1 nor 2
Solution: c)
Socio-economic democracy is spelt out because it provides for the idea of a welfare state.
For e.g. consider Article 39 (b) and (c) which provide for minimizing inequalities in income and wealth; and ensuring that the wealth is not concentrated in the hands of few.
While other article provide for the health of children, rights of working women etc.
DPSP is not enforceable by courts.
Only Fundamental rights can be enforced by the courts.

mental
Which of the following provisions of the Constitution of India have a bearing on Education?(2012)
      1. Directive Principles of State Policy
      2. Rural and Urban Local Bodies
      3. Fifth Schedule (SC and ST)
      4. Sixth Schedule (ST)
      5. Seventh Schedule (UNION STATE CONCURRENT LIST )
Select the correct answer using the codes given below :
(a) 1 and 2 only
(b) 3, 4 and 5 only
(c) 1, 2 and 5 only
(d) 1, 2, 3, 4 and 5
Solution (c)
 
‘Economic Justice’ the objectives of Constitution has been as one of the Indian provided in: (2012)
(a) the Preamble and Fundamental Rights
(b) the Preamble and the Directive Principles of State Policy
(c) the Fundamental Rights and the Directive Principles of State Policy
(d) None of the above
Solution (b)
In the Constitution of India, promotion of international peace and security is included in the (2014)
      • A.Preamble to the Constitution
      • B.Directive Principles of State Policy (DPSP)
      • C.Fundamental Duties
      • D.Ninth Schedule
Solution (b)
Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India :(2012)
      1. Securing for citizens of India a uniform civil code
      2. Organizing village Panchayats
      3. Promoting cottage industries in rural areas
      4. Securing for all the workers reasonable leisure and cultural opportunities
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?
(a) 1, 2 and 4 only
(b) 2 and 3 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
Solution (b)
According to the Constitution of India, which of the following are fundamental for the governance of the country? (2013)
(a) Fundamental Rights
(b) Fundamental Duties
(c) Directive Principles of State Policy
(d) Fundamental Rights and Fundamental Duties
Solution (c)
2014
The ideal of “Welfare State” in the Indian Constitution is enshrined in its
a) Preamble
b) Directive Principles of State Policy
c) Fundamental Rights
d) Seventh Schedule
Solution: b)
In a welfare State, the functions of the State are not only the defence of the country or administration of justice or maintaining law and order but it extends to regulating and controlling the activities of the people in almost every sphere—educational, commercial, social, economic, political and even marital.
DPSP thus promotes the ideal of a welfare state as it guides the state in making policies for the socio-economic well being of the people of India.
Preamble, option A, will NOT be the answer because it simply lists the socio-economic objectives of Indian society. It does not tell us who will design or execute policies based on the objectives.


FORM OF GOVERNMENTs: PARLIAMENTARY/PRESIDENTIAL/CONSTITUTIONAL/


2020 question on constitutional and parliamentary form of government :

parliamentary and constitutional form of govt

Consider the following statements : A Constitutional Government is one which
      1. Places effective restrictions on individual liberty in the interest of State Authority
      2. Places effective restrictions on the Authority of the State in the interest of individual liberty
Which of the statements given above is / are correct?
      1. 1 only
      2. 2 only.
      3. Both 1 and 2
      4. Neither 1 nor 2
Solution (b)

There is a Parliamentary System of Government in India because the
a) Lok Sabha is elected directly by the people
b) Parliament can amend the constitution
c) Rajya Sabha cannot be dissolved
d) Council of Ministers is responsible to the Lok Sabha
Solution: d)
Option A points to a democratic system. It does not necessarily mean a Parliamentary Democratic system. For e.g. in USA the Congress is also elected, but it is a Presidential Democracy.
Option D is correct because “Collective responsibility” of the council of ministers to the Lok Sabha (Article 75) lies at the heart of a Parliamentary democracy.
Source: Laxmikanth – Indian Polity – Chapter 12 (Parliamentary System)


LOCAL GOVERNMENT/PANCHAYAT RAJ INSTITUTIONS/PRI/METROPOLITAN


PANCHAYATI RAJ

Polity: State and Local Administration

How do District Rural Development Agencies (DRDAs) help in the reduction of rural poverty in India?(2012)
DRDAs act as Panchayati Raj Institutions in certain specified backward regions of the country.
DRDAs undertake area-specific scientific study of the causes of poverty and malnutrition and prepare detailed remedial measures.
DRDAs secure inter-sectoral and inter-departmental coordination and cooperation for effective implementation of anti-poverty programmes.
DRDAs watch over and ensure effective utilization of the funds intended for anti-poverty programmes.
Which of the statements given above is/are correct?
(a) 1, 2 and 3 only
(b) 3 and 4 only
(c) 4 only
(d) 1, 2, 3 and 4

Solution (b)

In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha?(2012)
Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.
Gram Sabha has the ownership of minor forest produce.
Recommendation of Gram Sabha is required for granting prospecting licence or mining lease for any mineral in the Scheduled Areas.
Which of the statements given above is/are correct?
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3

Solution (b)

The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?(2013)
(a) To provide self-governance
(b) To recognize traditional rights
(c) To create autonomous regions in tribal areas
(d) To free tribal people from exploitation
Solution (c)

PESA ACT OF 1996 (EXTENSION ACT)
The provisions of Part IX of the constitution relating to the Panchayats are not applicable to the Fifth
Schedule areas. However, the Parliament may extend these provisions to such areas, subject to such
exceptions and modifications as it may specify. Under this provision, the Parliament has enacted the
“Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly known as the
PESA Act or the Extension Act.
At present (2013), nine states have Fifth Schedule Areas. These are: Andhra Pradesh, Chhatisgarh,
Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. All the
nine states have enacted requisite compliance legislations by amending the respective Panchayati Raj
Acts.
Objectives of the Act
The objectives of the PESA Act are as follows6:
1. To extend the provisions of Part IX of the Constitution relating to the panchayats to the
scheduled areas with certain modifications
2. To provide self-rule for the bulk of the tribal population
3. To have village governance with participatory democracy and to make the gram sabha a
nucleus of all activities
4. To evolve a suitable administrative framework consistent with traditional practices
5. To safeguard and to preserve the traditions and customs of tribal communities
6. To empower panchayats at the appropriate levels with specific powers conducive to tribal
requirements
7. To prevent panchayats at the higher level from assuming the powers and authority of
panchayats at the lower level of the gram sabha
Features of the Act
The features (or the provisions) of the PESA Act are as follows:
1. A state legislation on the Panchayats in the Scheduled Areas shall be in consonance with the
customary law, social and religious practices and traditional management practices of
community resources.
2. A village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a
group of hamlets comprising a community and managing its affairs in accordance with
traditions and customs.
3. Every village shall have a Gram Sabha consisting of persons whose names are included in the
electoral rolls for the Panchayat at the village level.
4. Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of
the people, their cultural identity, community resources and the customary mode of dispute
resolution.
5. Every Gram Sabha shall—
(i) approve of the plans, programmes and projects for social and economic development
before they are taken up for implementation by the Panchayat at the village level; and
(ii) be responsible for the identification of beneficiaries under the poverty alleviation and
other programmes.
6. Every Panchayat at the village level shall be required to obtain from the Gram Sabha a
certification of utilisation of funds for the above plans, programmes and projects.
7. The reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to
the population of the communities for whom reservation is sought to be given under Part IX of
the Constitution. However, the reservation for the Scheduled Tribes shall not be less than onehalf of the total number of seats. Further, all seats of Chairpersons of Panchayats at all levels
shall be reserved for the Scheduled Tribes.
8. The state government may nominate such Scheduled Tribes which have no representation in
the Panchayat at the intermediate level or the Panchayat at the district level. But such
nomination shall not exceed one-tenth of the total members to be elected in that Panchayat.
9. The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making
the acquisition of land in the Scheduled Areas for development projects and before resettling
or rehabilitating persons affected by such projects in the Scheduled Areas. However, the
actual planning and implementation of the projects in the Scheduled Areas shall be
coordinated at the state level.
10. Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to
Panchayats at the appropriate level.
11. The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be
mandatory for grant of prospecting licence or mining lease for minor minerals in the
Scheduled Areas.
12. The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall
be mandatory for grant of concession for the exploitation of minor minerals by auction.
13. While endowing Panchayats in the Scheduled Areas with such powers and authority as may be
necessary to enable them to function as institutions of self-government, a State Legislature
shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed
specifically with –
(i) the power to enforce prohibition or to regulate or restrict the sale and consumption of
any intoxicant
(ii) the ownership of minor forest produce
(iii) the power to prevent alienation of land in the Scheduled Areas and to take appropriate
action to restore any unlawfully alienated land of a Scheduled Tribe
(iv) the power to manage village markets
(v) the power to exercise control over money lending to the Scheduled Tribes
(vi) the power to exercise control over institutions and functionaries in all social sectors
(vii) the power to control local plans and resources for such plans including tribal sub-plans
14. The State Legislations shall contain safeguards to ensure that Panchayats at the higher level do
not assume the powers and authority of any Panchayat at the lower level or of the Gram
Sabha.
15. The State Legislature shall endeavour to follow the pattern of the Sixth Schedule to the
Constitution while designing the administrative arrangements in the Panchayats at district
levels in the Scheduled Areas.
16. Any provision of any law (relating to Panchayats in the Scheduled Areas) which is
inconsistent with the provisions of this Act shall cease to be in force at the expiry of one year
from the date on which this Act receives the assent of the President7. However, all the
Panchayats existing immediately before such date shall continue till the expiry of their term,
unless dissolved by the State Legislature sooner.

Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both?(2013)
(a) State Forest Department
(b) District Collector/Deputy Commissioner
(c) Tahsildar /Block Development Officer / Mandai Revenue Officer
(d) Gram Sabha
Solution (d)

75. Consider the following statements:
1. The minimum age prescribed for any person to be a member of Panchayat is 25 years.
2. A Panchayat reconstituted after premature dissolution continues only for the remainder period.
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

      • Indian Polity by M.Laxmikanth Page 34.10- Compulsory provision no. 5: minimum age is 21 years, to contest election in Panchayat. Therefore statement 1) is wrong.
Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India :(2012)
      1. Securing for citizens of India a uniform civil code
      2. Organizing village Panchayats
      3. Promoting cottage industries in rural areas
      4. Securing for all the workers reasonable leisure and cultural opportunities
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?
(a) 1, 2 and 4 only
(b) 2 and 3 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
Solution (b)


 
Consider the following statements :(2011)
In India, a Metropolitan Planning Committee

      1. is constituted under the provisions of the Constitution of India.
      2. prepares the draft development plans for metropolitan area.
      3. has the sole responsibility for implementing Government sponsored schemes in the metropolitan area.
Which of the statements given above is/are correct?
(a.) 1 and 2 only
(b.) 2 only
(c.) 1 and 3 only
(d.) 1, 2 and 3
Solution (a)

The Constitution (Seventy-Third Amendment) Act, 1992, which aims at promoting the Panchayati Raj Institutions in the country, provides for which of the following?(2011)
      1. Constitution of District Planning Committees. (74th )
      2. State Election Commissions to conduct all panchayat elections.
      3. Establishment of State Finance Commissions.
Select the correct answer using the codes given below:
(a.) 1 only
(b.) 1 and 2 only
(c.) 2 and 3 only
(d.) 1, 2 and 3
Solution (c)
The 73rd Amendment 1992 added a new Part IX to the constitution titled “The Panchayats” covering provisions from Article 243 to 243(O); and a new Eleventh Schedule covering 29 subjects within the functions of the Panchayats.

2015
The fundamental object of Panchayati Raj system is to ensure which among the following?
1. People’s participation in development
2. Political accountability
3. Democratic decentralization
4. Financial mobilization
Select the correct answer using the code given below
a) 1, 2 and 3 only
b) 2 and 4 only
c) 1 and 3 only
d) 1, 2, 3 and 4
Solution: c)                                                                                          

FUNDAMENTAL RIGHTS


2020 PRELIM question on FRs:

Q4. Which one of the following categories of ‘Fundamental Rights incorporates against
untouchability as a form of discrimination?
(a) Right against Exploitation
(b) Right to Freedom
(c) Right to Constitutional Remedies
(d) Right to Equality
Answer: (d)


STATE GOVERNMENT


Consider the following statements : 2016

1. The Chief Secretary in a State is appointed by the Governor of that State.
2. The Chief Secretary in a State has a fixed tenure.
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
Answer- A
      • Chief secretary is chosen by CM, but has no fixed tenure. Ref: Reference- Page 6.10, Governance in India – M.Laxmikanth: fourth para stated or Public administration by Laxmikanth Page 513, chapter 11 state and district administration.
      • Therefore, Statement 2 is wrong- no fixed tenure.
      • As such, chief secretary is ‘chosen’ by CM. But he is ‘appointed’ by Governor. Because all the executive actions of the state are taken ‘by and in the name of the Governor.’ Therefore, Answer, (A) only 1.
2016
Consider the following statements:
1. The Legislative Council of a state in India can be larger in size than half of the Legislative Assembly of that particular state.
2. The Governor of a state nominates the Chairman of Legislative Council of that particular state.
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: d)

The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40 (with some exceptions).
The Chairman of the Legislative Council is elected by the council itself from amongst its members.
Source: Laxmikanth – Indian Polity – Chapter 29 (State Legislatures)


FUNDAMENTAL DUTY


 
33. “To uphold and protect the Sovereignty Unity and Integrity of India” is a provision made in the
a) Preamble of the Constitution
b) Directive Principles of State Policy
c) Fundamental Rights
d) Fundamental Duties
Solution: d)

Under the Constitution of India, which one of the following is not a fundamental duty?(2011)
(a.) To vote in public elections
(b.) To develop the scientific temper
(c.) To safeguard public property
(d.) To abide by me Constitution and respect its ideals
Solution (a)
 

Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution?(2012)
      1. To preserve the rich heritage of our composite culture
      2. To protect the weaker sections from social injustice
      3. To develop the scientific temper and spirit of inquiry
      4. To strive towards excellence in all spheres of individual and collective activity
Select the correct answer using the codes given below :
(a) 1 and 2 only
(b) 2 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
Solution (c)

SCHEDULE OF CONSTITUTION:5/6/9/10/7


2014

The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to
a) protect the interests of Scheduled Tribes ( 5TH AND 6TH )
b) determine the boundaries between states ( 1st )
c) determine the powers, authorities, and responsibilities of Panchayats (11th )
d) protect the interests of all the border States
Solution: a)
 

Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? 2014
      1. Second Schedule
      2. Fifth Schedule
      3. Eighth Schedule
      4. Tenth Schedule
Solution (d)


JUDICIARY SYSTEM


With reference to National Legal Services Authority, consider the following statements :(2013)
1.Its objective is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
2.It issues guidelines for the State Legal Services Authorities to implement the legal programmes and schemes throughout the country.
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 (c)

The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.

The national green tribunal act. 2010 was enacted in consonance with which of the following provisions of the constitution of India?
1 Right to healthy environment, construed as a part of Right to life under article 21
2 Provision of grants for raising the level of administration in the scheduled areas for the welfare of scheduled tribes under article 275(1)
3 Powers and functions of gram Sabah as mentioned under article 243 (A)
correct
a 1 only
b 2 and 3 only
c 1 and 3 only
d 1, 2 and 3

Answer: A

15. With reference to the ‘Gram Nyayalaya Act’, which of the following statements is/are correct?
1. As per the Act, Gram Nyayalayas can hear only civil cases and not criminal cases.
2. The Act allows local social activists as mediators/reconciliators.
Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer- B

The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its
advisory jurisdiction
appellate jurisdiction.
original jurisdiction
writ jurisdiction
Solution (c)

2014
The power to increase the number of judges in the Supreme Court of India is vested in
the President of India
the Parliament
the Chief Justice of India
The Law Commission
Solution (b)

The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the(2012)
(a) Morley-Minto Reforms, 1909
(b) Montagu-Chelmsford Act, 1919
(c) Government of India Act, 1935
(d) Indian Independence Act, 1947
Solution (c)

Which of the following is/are the principal feature(s) of the Government of India Act, 1919? (2012)
Introduction of dyarchy in the executive government of the provinces
Introduction of separate communal electorates for Muslims
Devolution of legislative authority by the centre to the provinces
Select the correct answer using the codes given below :
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Solution (c)

What is the provision to safeguard the autonomy of the Supreme Court of India? (2012)
      1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
      2. The Supreme Court Judges can be removed by the Chief Justice of India only.
      3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
      4. All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
Which of the statements given above is/are correct?
(a) 1 and 3 only
(b) 3 and 4 only
(c) 4 only
(d) 1, 2, 3 and 4
Solution (a)

11. Who/Which of the following is the Custodian of the Constitution of India? 2015
a) The President of India
b) The Prime Minister of India
c) The Lok Sabha Secretariat
d) The Supreme Court of India
Solution: D  (As per UPSC!)
 
Which of the following are included in the original jurisdiction of the Supreme Court?(2012)
      1. A dispute between the Government of India and one or more States
      2. A dispute regarding elections to either House of the Parliament or that of Legislature of a State
      3. A dispute between the Government of India and a Union Territory
      4. A dispute between two or more States
Select the correct answer using the codes given below :
(a) 1 and 2
(b) 2 and 3
(c) 1 and 4
(d) 3 and 4
Solution (c)


GOVERNMENT SCHEMES


2016
91. ‘Rashtriya Garima Abhiyaan’ is a national campaign to
(a) rehabilitate the homeless and destitute persons and provide them with suitable sources of livelihood
(b) release the sex workers from their practice and provide them with alternative sources of livelihood
(c) eradicate the practice of manual scavenging and rehabilitate the manual scavengers
(d) release the bonded labourers from their bondage and rehabilitate them

Answer- C

Rashtriya Garima Abhiyaan is an NGO-led movement for manual scavengers that was in news during 2012-13.   Tough question because factual info about an old-topic

 

Employing or engaging a person has become an offence now as Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 comes into force across India.


GOVERNOR OF STATES


Which one of the following statements is correct? (2013)

(a) In India, the same person cannot be appointed as Governor for two or more States at the same time
(b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President
(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.
Solution (c)

Articles 153 to 167 in Part VI of the Constitution deal with the state executive. The state executive
consists of the governor, the chief minister, the council of ministers and the advocate general of the
state. Thus, there is no office of vice-governor (in the state) like that of Vice-President at the Centre.
The governor is the chief executive head of the state. But, like the president, he is a nominal executive
head (titular or constitutional head). The governor also acts as an agent of the central government.
Therefore, the office of governor has a dual role.
Usually, there is a governor for each state, but the 7th Constitutional Amendment Act of 1956
facilitated the appointment of the same person as a governor for two or more states.

2014 Prelims Questions and Solutions

Which of the following are the discretionary powers given to the Governor of a State?
Sending a report to the President of India for imposing the President’s rule
Appointing the Ministers
Reserving certain bills passed by the State Legislature for consideration of the President of India
Making the rules to conduct the business of the State Government
Select the correct answer using the code given below.
A. 1 and 2 only
B. 1 and 3 only
C. 2, 3 and 4 only
D. 1, 2, 3 and 4
Solution (b)


CABINET SECRETARY/CHIEF SECRETARY


Which of the following is / are the function/functions of the Cabinet Secretariat?
Preparation of agenda for Cabinet Meetings
Secretarial assistance to Cabinet Committees
Allocation of financial resources to the Ministries
Select the correct answer using the code given below.
1 only
2 and 3 only
1 and 2 only
1, 2 and 3
Solution (c)


GOVERNANCE


With what purpose is the-Government of India promoting the concept of “Mega Food Parks”? (2011)
To provide good infrastructure facilities for the food processing industry-
To increase the processing of perishable items and reduce wastage.
To provide emerging and eco-friendly food processing technologies to entrepreneurs.
Select the correct answer using the codes given below:
(a.) 1 only
(b.) 1 and 2 only
(c.) 2 and 3 only
(d.) 1, 2 and 3
Solution (d)

Which of the following can be said to be essentially the parts of Inclusive Governance?(2012)
Permitting the Non-Banking Financial Companies to do banking
Establishing effective District Planning Committees in all the districts
Increasing the government spending on public health
Strengthening the Mid-day Meal Scheme
Select the correct answer using the codes given below :
(a)1 and 2 only
(b) 3 and 4 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Solution (c)

What is/are the recent policy initiative(s) of Government of India to promote the growth of manufacturing sector? (2012)
Setting up of National Investment and Manufacturing Zones
Providing the benefit of ‘single window clearance’
Establishing the Technology Acquisition and Development Fund
Select the correct answer using the codes given below :
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Solution (d)

PUBLIC POLICY

With reference to “AamAdmiBimaYojana”, consider the following statements:(2011)
The member insured under the scheme must be the head of the family or an earning member of the family in a rural landless household.
The member insured must be in the age group of 30 to 65 years.
There is a provision for free scholarship for up to two children of the insured who are studying between classes 9 and 12.
Which of the statements given above is/are correct?
(a.) 1 only
(b.) 2 and 3 only
(c.) 1 and 3 only
(d.) 1, 2 and 3
Solution (c)

Among the following who are eligible to benefit from the “Mahatma Gandhi National Rural Employment Guarantee Act”?(2011)
(a.) Adult members of only the scheduled caste and scheduled tribe households
(b.) Adult members of below poverty line (BPL) households
(c.) Adult members of households of all backward communities
(d.) Adult members of any household
Solution (d)

Consider the following:(2012)
Hotels and restaurants
Motor transport undertakings
Newspaper establishments
Private medical institutions
The employees of which of the above can have the ‘Social Security’ coverage under Employees’ State Insurance Scheme?
(a) 1, 2 and 3 only
(b) 4 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
Solution (d)

The National Green Tribunal Act, 2010 was enacted in consonance with which of the following provisions of the Constitution of India?(2012)
Right to healthy environment, construed as a part of Right to life under Article 21
Provision of grants for raising the level of administration in the Scheduled Areas for the welfare of Scheduled Tribes under Article 275(1)
Powers and functions of Gram Sabha as mentioned under Article 243(A)
Select the correct answer using the codes given below :
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Solution (a)

If National Water Mission is properly and completely implemented, how will it impact the country?(2012)
Part of the water needs of urban areas will be met through recycling of wastewater.
The water requirements of coastal cities with inadequate alternative sources of water will be met by adopting appropriate technologies that allow for the use of ocean water.
All the rivers of Himalayan origin will be linked to the rivers of peninsular India,
The expenses incurred by farmers for digging bore-wells and for installing motors and pump-sets to draw groundwater will be completely reimbursed by the Government.
Select the correct answer using the codes given below :
(a) 1 only
(b) 1 and 2 only
(c) 3 and 4 only
(d) 1, 2, 3 and 4
Solution (b)

With reference to National Rural Health Mission, which of the following are the jobs of ‘ASHA’, a trained community health worker?(2012)
Accompanying women to the health facility for antenatal care checkup
Using pregnancy test kits for early detection of pregnancy
Providing information on nutrition and immunization
Conducting the delivery of baby
Select the correct answer using the codes given below:
(a) 1, 2 and 3 Only
(b) 2 and 4 Only
(c) 1 and 3 Only
(d) 1, 2, 3 and 4
Solution (a)

How does the National Rural Livelihood Mission seek to improve livelihood options of rural poor?(2012)
By setting up a large number of new manufacturing industries and agribusiness centres in rural areas
By strengthening ‘self-help groups’ and providing skill development
By supplying seeds, fertilizers, diesel pump-sets and micro-irrigation equipment free of cost to farmers
Select the correct answer using the codes given below :
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Solution (b)

National Rural Livelihoods Mission

Swarnjayanti Gram Swarojgar Yojana (SGSY) was restructured as National Rural Livelihoods Mission and launched in June, 2011 in Rajasthan’s tribal district of Banswara. NRLM has now been renamed as Aajeevika.

The endeavour of ‘JananiSurakshaYojana’ Programme is(2012)
to promote institutional deliveries
to provide monetary assistance to the mother to meet the cost of delivery
to provide for wage loss due to pregnancy and confinement
Which of the statements given above is /are correct?
(a) 1 and 2 only
(b) 2 only
(c) 3 only
(d) 1, 2 and 3
Solution (a)

Maternity Benefit (Amendment) Bill

The Maternity Benefit (Amendment) Bill, 2016 was introduced in Rajya Sabha on August 11, 2016 by the Minister for Labour and Employment, Mr. Bandaru Dattatreya.  The Bill amends the Maternity Benefit Act, 1961. The Bill has been passed by Rajya Sabha.

The Act regulates the employment of women during the period of child-birth, and provides maternity benefits.
The Act applies to factory, mines, plantations, shops and other establishments.  The Bill amends provisions related to the duration and applicability of maternity leave, and other facilities

Provisions of the Bill:

Four major changes have been made to the law relating to maternity benefits. These are

Firstly, it extends the period of maternity benefit from 12 weeks to 26 weeks of which not more than eight weeks can precede the date of the expected delivery. This exceeds the International Labour Organisation’s minimum standard of 14 weeks and is a positive development. However, a woman who has two or more surviving children will be entitled to 12 weeks of which not more than six weeks can precede the date of the expected delivery.
Secondly, women who legally adopt a child below the age of three months or a “commissioning mother” will be entitled to maternity benefit for 12 weeks from the date on which the child is handed over to her.  A commissioning mother is defined as a biological mother who uses her egg to create an embryo implanted in another woman.

Thirdly, it gives discretion to employers to allow women to work from home after the period of maternity benefit on mutually agreeable conditions. This would apply if the nature of work assigned to the woman permits her to work from home.

Fourthly, it requires establishments having 50 or more employees to have a crèche facility, either separately or along with common facilities. Further, employers should allow the woman to visit the crèche four times a day, which “shall also include the interval for rest allowed to her.”
The Bill introduces a provision which requires every establishment to intimate a woman at the time of her appointment of the maternity benefits available to her.  Such communication must be in writing and electronically.

Assessment of the Bill:

Criticism:

The Bill is steeped in an androcentric notion of family and the workplace. It assumes that only a mother is a parent or primary caregiver, while a father is the provider and an employee bereft of an active responsibility in childcare.
Restricting the option of working from home to only women also reinforces gender-based roles within the family.
Provisions like these will inevitably cause employers to view these measures as an undue burden.

While it may marginally improve the working conditions in the short term, the amendment will undoubtedly perpetuate and sustain the gender gap in employment and in pay scales.
The Bill weakens the argument of “equal pay for equal work” as it can be argued rationally that work conditions for males and females differ and hence their pay scales should also differ.

Thus the directive provided to the state under Article 39(a) is not being fulfilled.

Adoptive parents are discriminated. It also discriminates against adoptive fathers and transgendered persons who may adopt, as it does not even recognise their right to parental benefits. The state appears to be incentivizing the adoption of younger babies and discouraging the adoption of older babies and children.

Positives

It would benefit about 1.8 million women in the organised sector.  The new law will be applicable to all establishments employing 10 or more people.

At a time when female participation in Labour Force is way below the parity levels, as highlighted by McKinsey’s “The Power of Parity” report, this bill would go a long way in facilitating female entry in LFPR. Parity in LFPR would lead to boosting India’s GDP by 27% as highlighted by Christine Lagarde.

It would reduce poverty and income inequality. She highlighted that Legal restriction exists in 90% of countries which limits women participation. This step is one of the ways to remove those legal and perception barriers for female participation in Labour Force.

The Bill provides a maternity leave of 26 weeks which exceeds ILO’s minimum standard of 14 weeks and is a positive development.
India will jump to third position in terms of the number of weeks for maternity leave after Norway (44) and Canada (50), said Labour Minister Bandaru Dattatreya while replying to a debate on the legislation
Roughly one third of India’s children are malnourished. The increase in maternity leave as mandated by law from 12 weeks to 26 would help new mothers bond with their babies and also to enable them to breastfeed leading to enhanced nutrition and immunity for the child.

Exclusive breastfeeding for the first six months is widely believed to be the easiest and most cost-effective way to fight child malnutrition.
Last year, the Rapid Survey of Children conducted by the WCD Ministry showed 29.4% of children were underweight, 15% were wasted (low weight for their height), and 38.7% were stunted (low height for their age).
Such a step was long overdue as the family structure in India, especially in urban areas has changed from joint family to nuclear family, necessitating the presence of parents at home in the initial time post a child’s birth.

Once the new law is enacted, India will jump to the third position in terms of the number of weeks for maternity leave after Norway (44 weeks) and Canada (50 weeks). The amendments will help 1.8 million (approx.) women workforce in the organized sector.


RIGHTS ISSUES


India is home to lakhs of persons with disabilities. What are the benefits available to them under me law?(2011)
Free schooling till the age of 18 years in government-run schools.
Preferential allotment of land for getting up business.
Ramps in public buildings.
Which of the statements given above is/are correct?
(a.) 1 only
(b.) 2 and 3 only
(c.) 1 and 3 only
(d.) 1, 2 and 3
Solution (d)

Consider the following :(2011)
Right to education.
Right to equal access to public service.
Right to food.
Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights”?
(a.) 1 only
(b.) 1 and 2 only
(c.) 3 only
(d.) 1, 2 and 3
Solution (d)
“It has always been a mystery to me how men can feel themselves honoured by the humiliation of their fellow beings” -Mahatma Gandhi
With reference to consumers’ rights/ privileges under the provisions of law in India, which of the following statements is/are correct? (2012)
Consumers are empowered to take samples for food testing.
When a consumer files a complaint in any consumer forum, no fee /10® is required to be paid.
In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.
Select the correct answer using the codes given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Solution (c)

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