Daily Current Affairs (MCQ's) | 16-08-2022

Q1. The conflict over Nagorno-Karabakh is between

1. Russia-China
2. China-Mongolia
3. Armenia-Azerbaijan
4. Kenya-Sudan

Answer (c)

Explanation:

The conflict over Nagorno-Karabakh:

• The Nagorno-Karabakh conflict remains stalemated despite several ceasefire agreements. Both Azerbaijan and Armenia claim absolute historic ownership of the region which is located within the boundaries of Azerbaijan but populated largely by ethnic Armenians.

• The major issues between the two countries include delimiting the border between them, the nature of new transportation corridors in the region, the future of the status of Nagorno-Karabakh as well as the transfer of prisoners of war and other detainees.
• The presence of Russian peacekeeping forces in the region has also become a matter of concern as their mandate is yet to be defined. The frustration over the peacekeeping forces has intensified due to their inaction in stopping ceasefire violations.

Q2. Chief Justice of India (CJI) N.V. Ramana said fundamental duties in the Constitution are not merely to serve a “pedantic or technical” purpose, they are meant to guide citizens engineer a social transformation. The fundamental duties which were added by

1. The 42nd Amendment Act of the Constitution
2. The 44th Amendment Act of the Constitution
3. The 4th Amendment Act of the Constitution
4. The 24th Amendment Act of the Constitution

Answer (a)

Explanation:

‘Fundamental duties key to social transformation’

• Chief Justice of India (CJI) N.V. Ramana said fundamental duties in the Constitution are not merely to serve a “pedantic or technical” purpose, they are meant to guide citizens engineer a social transformation.
• “Our Constitution is the fundamental document which regulates the relationship between the citizens and the government. While it has granted us inalienable rights, it places upon us certain fundamental The fundamental duties are not merely pedantic or technical. They were incorporated as the key to social transformation,” Chief Justice Ramana said.
• Chief Justice Ramana remembered the freedom fighter and Gandhian, Keertiseshulu Sri Pingali Venkayya, who “designed the pride and identity of Independent India, our National Flag”.

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in addition to creating and promoting culture, also strengthen the hands of the legislature in enforcing these duties vis-a-vis the fundamental rights.

The list of 11 Fundamental Duties under article 51-A to be obeyed by every Indian citizen is given in the table below:

Q3. Consider the following statements:

1. CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946
2. The Lokpal Act 2014 provides for a committee headed by the Prime Minister for the appointment of CBI Director

Which of the above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer (c)

Explanation:

Central Bureau of Investigation (CBI) is the premier investigating police agency in India. It functions under the superintendence of the Deptt. of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India - which falls under the prime minister’s office. However for investigations of offences under the Prevention of Corruption Act, its superintendence vests with the Central Vigilance Commission. CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946.

Director of CBI

1. Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation.
2. In 2014, the Lokpal Act provided a committee for appointment of CBI Director: Headed by the Prime Minister. Other members - Leader of Opposition/ Leader of the single largest opposition party, Chief Justice of India/ a Supreme Court Judge.
3. The Home Ministry sends a list of eligible candidates to DoPT. Then, the DoPT prepares the final list on the basis of seniority, integrity, and experience in the investigation of anti-corruption cases, and sends it to the committee.
4. Director of CBI has been provided security of two-year tenure, by the CVC Act, 2003.

Q4.   Consider    the    following   statements     about    the         Preamble    of     the Constitution

1. The objective resolution became the Preamble
2. It is not justifiable in nature
3. It is part of the constitution and It cannot be amended

Which of the above is/are correct?

1. 1. 1 and 2 only
   2. 1 and 3 only
   3. 2 and 3 only
   4. 1, 2, and 3

Answer (a)

Explanation:

1. The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.
2. Although not enforceable in court, the Preamble states the objectives of the Constitution and acts as an aid during the interpretation of Articles when language is found ambiguous.
3. The Preamble was added to the Constitution after the rest of the Constitution was already The Supreme Court in the Berubari Union case (1960) held that the Preamble is not a part of the Constitution. However, it recognised that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.
4. In Kesavananda Bharati case (1973), the Supreme Court overturned its earlier decision and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Again, in the LIC of India case, the Supreme Court held that the Preamble is a part of the Constitution.

Q5. Consider the following statements

1. Article 143 of the Constitution allows the Supreme Court to pass any order necessary for doing complete justice
2. Article 142 of the Indian Constitution confers upon the Supreme Court advisory jurisdiction

Which of the above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer (d)

Explanation:

1. Article 143 of the Indian Constitution confers upon the Supreme Court advisory The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion.
2. Article 142 of the Constitution allows the Supreme Court to pass any order necessary for doing complete justice in any cause or matter pending before it.

Q6. Consider the following statements about the Attorney-General of India?

1. He is appointed by the President of India
2. He has the right to speak or to take part in the proceedings of both the Houses of Parliament and their joint sittings
3. He enjoys all the privileges and immunities that are available to a member of parliament
4. He must have the same qualifications as are required by a Judge of High Court

Which of the statements given above are correct?

1. 1, 2 and 4 only
2. 1, 3 and 4 only
3. 1 and 3 only
4. 1, 2 and 3

Answer (d)

Explanation:

Article 76 and 78 deals with the Attorney General of India. The Attorney General of India is the highest law officer in the country. He is responsible to assist the government in all its legal matters. The President appoints the Attorney General (AG). The person who is appointed should be qualified to be appointed a judge of the Supreme Court.

The Attorney General of India is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President. He can be removed by the president at any time. There is no procedure or ground mentioned in the constitution for his removal. The AG receives such remuneration as the President may determine. The constitution has not fixed the remuneration of the AG. He must be a person qualified to be appointed as a Judge of the Supreme Court.

Duties and Functions

1. He advises the Government of India upon such legal matters, which are referred or assigned to him by the president.
2. He performs such other duties of a legal character that are referred or assigned to him by the president.
3. He discharges the functions conferred on him by or under the Constitution or any other law.
4. He appears on behalf of the government of India in all the cases in the Supreme Court in which the Government of India is concerned.
5. He appears on behalf of the government of India in any reference made by the president to the Supreme Court under Article 143 of the constitution.
6. He appears on behalf of the government of India in any case in a high court in which the Government of India is concerned, if the Government of India requires so.

Rights and Limitations

Following are the Rights of the AG:

1. In the performance of his duties, he has the right of audience in all courts in the territory of India.
2. He has the right to speak or to take part in the proceedings of both the Houses of Parliament and their joint sittings but without a right to vote.
3. He has the right to speak or to take part in the meeting of any committee of the Parliament of which he is named as a member but without a right to vote.
4. He enjoys all the privileges and immunities that are available to a member of parliament.

Limitations placed on the Attorney General:

1. He should not advise or hold a brief against the Government of India.
2. He should not defend accused persons in criminal cases without the permission of the government of India.
3. He should not accept appointment as a director in any company without the permission of the government.

It should be noted that the AG is not debarred from private legal practice. He is not a government servant as he is not paid a fixed salary and his remuneration is decided by the president.