Daily Current Affairs (MCQ's) | 22-08-2022

Q1. Which of the following schedules of Indian Constitution is related to the allotment of seats in Rajya Sabha ?

1. Third Schedule
2. Fourth Schedule
3. Ninth Schedule
4. Tenth Schedule

Answer (b)

Explanation:

Q2. Which of the following is a constitutional authority?

1. The National Commission for Scheduled Castes
2. The National Commission for Women
3. The National Commission for Scheduled Tribes
4. The National Commission for Backward Classes
5. The National Human Rights Commission

Select the correct answer from the codes given below.

1. 1 and 3 only
2. 1, 2 and 3 only
3. 1, 3 and 4 only
4. 1, 2, 3, 4 and 5

Answer (c)

Explanation:

1. The National Commission for Women was set up as a statutory body in January 1992 under the National Commission for Women Act, 1990.
2. The National Human Rights Commission (NHRC) of India was established on 12 October The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2006.
3. 102nd Constitution Amendment Act, 2018 provided constitutional status to the National Commission for Backward Classes (NCBC). It inserted new Articles 338 B and 342 Article 338B provides authority to NCBC to examine complaints and welfare measures regarding socially and educationally backward classes.
4. The National Commission for Scheduled Castes is an Indian constitutional body to provide safeguards against the exploitation of Scheduled Castes and Anglo Indian communities to promote and protect their social, educational, economic, and cultural interests, special provisions were made in the Constitution. Article 338 of the Indian constitution deals with the National Commission for Scheduled Castes. Article 338 A deals with the National Commission for Scheduled Tribes.

Q3. Consider the following statements

1. Appointment of district judge is done by the Governor of the state in consultation with the high court
2. High Court can withdraw a case pending before any subordinate court if it involves the substantial question of law
3. Subordinate courts enjoy administrative independence

Which of the above statements is/are correct?

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

Answer (a)

Explanation:

The provisions related to subordinate courts are provided in the 6th part of the Indian Constitution. Articles 233-237 deal with the subordinate courts. The subordinate courts include the District Judges, Judges of the city civil courts, Metropolitan magistrates and members of the judicial service of the state.

The District Courts of India are the district courts of the State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district.

They administer justice in India at a district level. These courts are under the administrative control of the High Court of the State to which the district concerned belongs. The decisions of the District court are subject to the appellate jurisdiction of the High court.

Control over Subordinate Courts –

This is an extension of the above supervisory and appellate jurisdiction. It states that the High Court can withdraw a case pending before any subordinate court if it involves the substantial question of law. The case can be disposed of itself or solve the question of law and return back to the same court.

Appointment of the District Judges as per Article 233,

• Appointments and promotion of district judges in any state shall be made by the Governor of the state in consultation with the high court exercising jurisdiction in relation to such state 

• A person not already in the service of the Union or of the state shall only be eligible to appoint a district judge if he has been for not less than 7 years an advocate or a pleader and is recommended by the high court for appointment.
• Control over subordinate courts is the collective and individual responsibility of the High Court as it is the head of the judiciary in the state and has got administrative control over the subordinate courts in respect of certain matters.

Q4. Which of the following is/are 5th schedule state/states?

1. Gujarat
2. Odisha
3. Rajasthan

Which of the above statements is/are correct?

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

Answer (d)

Explanation:

At present, Scheduled Areas have been declared in the States of Andhra Pradesh (including Telangana), Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Q5. Consider the following statements about the 5th schedule areas

1. The criteria for declaring any area as a “Scheduled Area” under the 5th schedule are given in Constitution
2. Scheduled Areas are such areas as the Governor may by order declare to be Scheduled Areas

Which of the above statements is/are correct?

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

Answer (d)

Explanation:

1. As per the Constitutional provision under Article 244 (1) of the Constitution of India, the ‘Scheduled Areas’ are defined as ‘such areas as the President may by order declare to be Scheduled Areas’ – as per paragraph 6(1) of the Fifth Schedule of the Constitution of India.
2. The specification of “Scheduled Areas” in relation to a State is by a notified order of the President, after consultation with the Governor of that State. In accordance with the provisions of paragraph 6(2) of the Fifth Schedule of the Constitution of India, the President may increase the area of any Scheduled Area in a State after consultation with the Governor of that State; and make fresh orders redefining the areas which are to be Scheduled Areas in relation to any State.
3. The same applies in the case of any alteration, increase, decrease, incorporation of new areas, or rescinding any Orders relating to “Scheduled Areas”.
4. At present, Scheduled Areas have been declared in the States of Andhra Pradesh (including Telangana), Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Criteria for declaring Scheduled Area

The criteria for declaring any area as a “Scheduled Area” under the Fifth Schedule are:

• A preponderance of tribal population,
• Compactness and reasonable size of the area,
• A viable administrative entity such as a district, block or taluk, and
• Economic backwardness of the area as compared to the neighbouring areas.

These criteria are not spelt out in the Constitution of India but have become well established. Accordingly, since the year 1950 to 2007 Constitutional Order relating to Scheduled Areas have been notified.

Constitutional provisions of Fifth Schedule related to the declaration of Scheduled Areas

The Fifth Schedule under Article 244(1) of the Constitution contains provisions regarding the administration of Scheduled Areas other than in Northeast India. The provisions of Section 6 of Part C of the Fifth Schedule of the Constitution are as follows:

Scheduled Areas :

The President may at any time by order

1. direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area;
2. alter, but only by way of rectification of boundaries, any Scheduled Area;
3. on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area;
4. rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas; and any such order may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under subparagraph (1) of this paragraph shall not be varied by any subsequent order.

Q6. Which of the following was/were not part of the constitution as adopted on 26 November 1949?

1. Ninth Schedule to the constitution
2. The fundamental right to Private property
3. Right to form co-operatives

Select the correct answer from the codes given below.

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

Answer (c)

Explanation:

The Ninth Schedule

The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts. Currently, 284 such laws are shielded from judicial review.

The Schedule became a part of the Constitution in 1951 when the document was amended for the first time. It was created by the new Article 31B, which along with 31A was brought in by the government to protect laws related to agrarian reform and for abolishing the Zamindari system. While

A. 31A extends protection to ‘classes’ of laws, A. 31B shields specific laws or enactments.

Right to Private property

In 1967, when the government forcibly took over the land, ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.

Right to Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. It was made a Constitutional right under Article 300A. Article 300A requires the state to follow due procedure and authority of law to deprive a person of his or her private property.

Right to form co-operatives

The text of the 97th amendment to the Indian constitution made the right to form cooperative societies a fundamental right under Article 19(1)(c). The amendment also inserts a new directive principle into Part IV of the constitution, Article 43B, which reads: “The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies”.