Indian Polity

Statement 1 is correct: As per Section 3(e) of the MMDR Act, 1957, sand is classified as a 'minor mineral' along with other minerals such as gravel, clay, marble, and limestone.

Statement 2 is incorrect: The power to make rules regarding the grant of minor minerals lies with State Governments, not the Central Government. Under Section 15 of the MMDR Act, State governments can frame rules related to the extraction, leasing, and transportation of minor minerals. However, the central government regulates major minerals like coal, iron ore, and bauxite.

Statement 3 is correct: The MMDR Act empowers state governments to make rules to regulate the grant of mining leases and other mineral concessions in respect of minor minerals, which includes the power to frame rules to prevent illegal mining of minor minerals.

Statement 1 is incorrect. Parole is not an absolute right in India. There's a consideration process involved. While a prisoner can present their case for parole, the authorities have the discretion to grant or deny it.

Statement 2 is correct. State governments do have their own set of rules governing parole within the broad framework provided by the Prison Act, of 1894 and the Prisoner Act, of 1900.

Statement 1 is Correct: The Food Safety and Standards Act, of 2006 did supersede the Prevention of Food Adulteration Act, of 1954. It established a more comprehensive framework for ensuring food safety and regulating the food industry in India.

Statement 2 is Incorrect: The Food Safety and Standards Authority of India (FSSAI) is an autonomous body, not under the direct control of the Director General of Health Services. While the Ministry of Health and Family Welfare oversees FSSAI, it functions independently with its own governing board and chairperson.

Therefore, the correct answer is option (a) 1 only.

Statement 1 is incorrect: The term "basic structure" is not explicitly mentioned in the Indian Constitution. It was first propounded by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973).

The Court ruled that while Parliament has the power to amend the Constitution under Article 368, there are certain features of the Constitution that form its basic structure and cannot be altered or destroyed through amendments by Parliament.

Although the basic structure doctrine includes elements such as federalism, secularism, democracy, and fundamental rights, these features are not explicitly listed as the 'basic structure' in the Constitution itself.

Statement 2 is incorrect: The Constitution of India does not explicitly mention the power of judicial review. Instead, this power is derived from various provisions, particularly Articles 13, 32, 131-136, 143, 226, and 246. Judicial review allows the Supreme Court and High Courts to examine the constitutionality of legislative and executive actions, ensuring they do not violate fundamental rights or other constitutional provisions. This power is essential in maintaining the supremacy of the Constitution and protecting citizens' rights.

Hence, neither of the statements is correct.

Statement 1 is incorrect. Under Article 85(2) of the Constitution, the President has the authority to prorogue the Houses, or either House of Parliament, from time to time. The termination of a session of the House by an order from the President under this provision is referred to as 'prorogation.' The President exercises this power of prorogation only upon the recommendation of the Prime Minister or the Cabinet, i.e., the Council of Ministers. Statement 2 is correct. Typically, prorogation follows adjournment sine die, but technically, the President can prorogue a House even while it is in session. Statement 3 is correct. The President usually dissolves the Lok Sabha based on the advice of the Council of Ministers, except in exceptional circumstances such as a vote of no confidence or other political crises.

* Statement 1: Correct. When the Lok Sabha is dissolved, any bill pending in the Lok Sabha automatically lapses. This is because the dissolution of the Lok Sabha ends its session, and all legislative business in progress becomes void.

* Statement 2: Correct. If a bill has been passed by the Lok Sabha but is pending in the Rajya Sabha, it lapses upon the dissolution of the Lok Sabha. This is true even if the Rajya Sabha has not yet acted on the bill.

* Statement 3: Incorrect. A bill regarding which the President has notified a joint sitting will not lapse on the dissolution of the Lok Sabha. It can be taken up in the next session after the Lok Sabha is reconstituted. A joint sitting is called only when there is a deadlock between the Lok Sabha and Rajya Sabha.

Statement 1 is correct: Under Article 96(1), the Speaker cannot preside over the House while a resolution for their removal is active, even if they are present.

Statement 2 is incorrect: Under Article 96(2), the Speaker maintains the right to speak and participate in the proceedings of the House during the consideration of the removal resolution.

Statement 3 is incorrect: According to Article 96(2), the Speaker is entitled to vote only in the first instance. They do not have a "casting vote" (the vote used to break a tie/second instance) in this specific scenario.

Writ of Prohibition:

* It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal.

* It prevents the lower court from exceeding its jurisdiction or acting contrary to law.

* Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures.

* Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred.

* Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings.

* Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.

Statement 1 is Incorrect: According to the 106th Constitutional Amendment Act (Nari Shakti Vandan Adhiniyam), the newly inserted Article 334A specifies that the reservation will come into effect only after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after the commencement of the Act have been published. Consequently, it did not apply to the 18th Lok Sabha elections.

Statement 2 is Correct: The Act provides that the reservation of seats for women shall continue for a period of 15 years from the date of its commencement. However, the Parliament has the authority to extend this period by law.

Statement 3 is Correct: The Act includes provisions for horizontal reservation, ensuring that one-third of the seats already reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies are reserved for women from those respective categories.

Statement 1 is Correct: According to Section 3(1) of the North Eastern Council Act, 1971, as amended by the North Eastern Council (Amendment) Act, 2002, the Governors of the constituent states (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, and Tripura) are members of the Council.

Statement 2 is Correct: Section 3(1) of the amended Act also includes the Chief Ministers of the constituent states as members of the Council.

Statement 3 is Correct: The 2002 Amendment specifically expanded the Council's composition to include three members to be nominated by the President of India.

Statement 4 is Incorrect: The North Eastern Council (Amendment) Act, 2002, does not include the Union Home Minister in the list of members. While the Union Home Minister was made the ex-officio Chairman of the NEC in June 2018 following a Union Cabinet decision, this was done through a Presidential nomination under the powers provided by the Act, rather than being a statutory membership requirement defined in the 2002 amendment text itself.

* Article 109 of the Indian Constitution specifically deals with the special procedure for Money Bills. (Correct)

* Article 109(1) states that a Money Bill shall not be introduced in the Council of States (Rajya Sabha). It can only be introduced in the Lok Sabha (House of the People). (Correct)

* Article 109(5) states that the Rajya Sabha can't reject a Money Bill. It can only make recommendations within 14 days, which the Lok Sabha may or may not accept. (Correct)

* The Lok Sabha has the ultimate power regarding Money Bills. It is not bound to accept any amendments suggested by the Rajya Sabha. (Incorrect)

Therefore, statements 1, 2, and 3 are correct.

Article 368 of the Indian Constitution outlines the process for amending the Constitution. It grants Parliament the authority to amend any provision of the Constitution by way of: 1. Addition

* Parliament can add new provisions or articles to the Constitution that were not originally included. This allows the Constitution to evolve by incorporating new concepts or requirements.

* Example: The 93rd Amendment Act, 2005 added Article 15(5), which allows for reservations in educational institutions for backward classes. 2. Variation

* Parliament has the power to modify or alter existing provisions of the Constitution. This means changes can be made to existing articles without removing them entirely.

* Example: The 42nd Amendment Act, 1976 altered several provisions, including changes to the Preamble and the relationship between the President and Parliament. 3. Repeal

* Parliament can also repeal provisions of the Constitution, effectively removing them. This allows for the removal of outdated or irrelevant provisions.

* Example: The 26th Amendment Act, 1971 abolished the privy purse that was being paid to former rulers of princely states. _Therefore, the correct answer is All of the above (1, 2, and 3)._

Dr. Sachchidananda Sinha was elected as the Provisional President of the Constituent Assembly on December 9, 1946. This was a temporary position. He served as the Chairman for two days, after which Dr. Rajendra Prasad was elected as the President of the Constituent Assembly on December 11, 1946.

Here's why the other options are incorrect:

* C. Rajagopalachari: He was the last Governor-General of India and played a significant role in the Indian independence movement.

* Dr. B.R. Ambedkar: He was the Chairman of the Drafting Committee of the Constitution.

* T.T. Krishnamachari: He was a prominent member of the Constituent Assembly and later served as the Finance Minister of India.

* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India.

* The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty.

* Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy.

_While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_

* Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

* Article 16: Guarantees equality of opportunity in matters of public employment.

* Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.

Inter-State quarantine falls under the purview of the Union List (List I) in the Seventh Schedule of the Indian Constitution. This is because matters of inter-state significance, especially those related to health and disease control, are best handled by the central government to ensure uniformity and prevent the spread of diseases across state borders.

_Let's examine why the other options are incorrect:_

* Option A is incorrect: Inter-State trade and commerce is explicitly mentioned in the Union List (List I), giving the central government the power to regulate commerce that transcends state boundaries.

* Option B is incorrect While individual states have some powers related to internal migration, Inter state migration is mentioned in the Union List.

* Option D is incorrect Corporation tax, levied on the net income of companies, is a subject under the Union List. However, the Constitution allows for the sharing of corporation tax revenue with states.


* Powers of the Municipalities are given in Part IX A of the Constitution. - This statement is correct. Part IXA of the Indian Constitution (added by the 74th Amendment Act, 1992) deals with Municipalities and provides for their powers and functions.

* Emergency provisions are given in Part XVIII of the Constitution. - This statement is correct. Part XVIII of the Indian Constitution (Articles 352 to 360) deals with 'Emergency Provisions' outlining situations like national emergency, state emergency, and financial emergency.

* Provisions related to the amendment of the Constitution are given in Part XX of the Constitution - This statement is correct. Part XX of the Indian Constitution contains only Article 368, which deals with the power of the Parliament to amend the Constitution and the procedure for it.

_Therefore, all three statements are correct._

* The 71st Amendment Act, 1992 amended the Eighth Schedule of the Indian Constitution to include Konkani, Manipuri, and Nepali languages.


* These languages were added to grant official recognition and promote their cultural and linguistic development.

* Konkani is primarily spoken in Goa, Manipuri in Manipur, and Nepali in Sikkim and Darjeeling (West Bengal).

* Maithili, however, was added later through the 92nd Amendment Act, 2003, along with Bodo, Dogri, and Santhali.

Delimitation Commissions have been constituted four times in India—in 1952, 1963, 1973, and 2002—under the Delimitation Commission Acts of 1952, 1962, 1972, and 2002.

The Delimitation Commission is a high-power body appointed by the President of India that works in collaboration with the Election Commission of India. Its primary mandate is to redraw the boundaries of the various assembly and Lok Sabha constituencies based on a recent census.

Key features of the Delimitation Commission: 1. Legal Authority: The orders of the Commission have the force of law and cannot be called into question before any court of law. 2. Finality of Orders: When the orders are laid before the Lok Sabha or the State Legislative Assembly, they cannot effect any modifications in the orders. 3. Composition: The Commission consists of three members: a retired judge of the Supreme Court (as Chairperson), the Chief Election Commissioner or an Election Commissioner nominated by them, and the State Election Commissioner of the concerned state.

The First Amendment Act (1951) was enacted specifically to address judicial decisions that hindered the government's socio-economic agenda, particularly regarding land reforms and reservations.

1. Right to Equality (Article 15): In the case of *State of Madras v. Champakam Dorairajan (1951)*, the Supreme Court struck down a government order providing caste-based reservations in medical and engineering colleges. To overcome this, the 1st Amendment added Article 15(4), empowering the state to make special provisions for the advancement of socially and educationally backward classes.

2. Right to Property (Articles 31A and 31B): Judicial challenges to various Zamindari abolition laws (such as *Kameshwar Singh v. State of Bihar*) led the government to introduce Articles 31A and 31B. It also created the Ninth Schedule to protect specific laws from being challenged in courts on the grounds of violating Fundamental Rights.

3. Freedom of Speech (Article 19): Following judgments like *Romesh Thappar v. State of Madras*, which limited the state's power to curb free speech, the amendment added three new grounds of 'reasonable restrictions': public order, friendly relations with foreign states, and incitement to an offence.

Note: While the 1st Amendment is the historically correct context for this question, UPSC dropped/deleted this specific question from the final official answer key for Prelims 2023.