[DAY 2] 60 DAY RAPID REVISION (RaRe) SERIES for UPSC Prelims 2022 – POLITY, CURRENT AFFAIRS & CSAT; Test Series, Videos & Notes!

Solution (d)

Hint: Use elimination technique and eliminate option 2. Option 2 is basic knowledge which every student must know. UPSC plays with words in the statements, you must carefully read every word of the statement.  

Statement Analysis:

Solution (c)

Statement Analysis:

Additional Info:

The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution.

They embody the concept of a ‘welfare state’ and not that of a ‘police state’, which existed during the colonial era. In brief, they seek to establish economic and social democracy in the country.

The Directive Principles are non-justiciable in nature, that is they are not legally enforceable by the courts for their violation.   Therefore, the government (Central, state and local) cannot be compelled to implement them.

Though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law.

 The Supreme Court has ruled many a times that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be ‘reasonable’ in relation to Article 14 (Equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.

Solution (a)

Statement Analysis:

Additional Info:

Important features of Fundamental Rights

– The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35.

– In this regard, the framers of the Constitution derived inspiration from the Constitution of USA (Bill of rights).

– They are not absolute but qualified. The state can impose reasonable restrictions on them. However, whether such restrictions are reasonable or not is to be decided by the courts. 

– Most of them are available against the arbitrary action of the State, with a few exceptions like those against the State’s action and against the action of private individuals. When the rights that are available against the State’s action only and are violated by the private individuals, there are no constitutional remedies but only ordinary legal remedies.

– Some of them are negative in character, that is, place limitations on the authority of the State, while others are positive in nature, conferring certain privileges on the persons.

– They are justiciable, allowing persons to move the courts for their enforcement, if and when they are violated.

– They are defended and guaranteed by the Supreme Court. Hence, the aggrieved person can directly go to the Supreme Court, not necessarily by way of appeal against the judgement of the high courts.

Solution (d)

* Question is asking to choose incorrect option.

Statement Analysis:

Additional Info:

86th Amendment, 2002:

• This amendment is a major milestone in the country’s aim to achieve ‘Education for All’. The government described this step as ‘the dawn of the second Revolution in the chapter of citizens’ rights.
• This amendment also added a new Fundamental Duty under Article 51A that reads —‘It shall be the duty of every citizen of India to provide opportunities for education to his child or ward between the age of six and fourteen years’.

Solution (d)

Basic Info:

– Even though the basic structure doctrine was given by the SC, it is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution. It is not mentioned anywhere in the constitution, and our understanding of the basic structure comes from the various judgements of the court.

–  The following have emerged as ‘basic features’ of the Constitution:

*Supremacy of the Constitution; Sovereign, democratic and republican nature of the Indian
polity; Secular character of the Constitution Separation of powers between the legislature, the executive and the judiciary; Federal character of the Constitution; Unity and integrity of the nation; Welfare state (socio-economic justice)

*Judicial review; Freedom and dignity of the individual; Parliamentary system; Rule of law;
Harmony and balance between Fundamental Rights and Directive Principles; Principle of
equality.

* Free and fair elections; Independence of Judiciary; Limited power of Parliament to amend the
Constitution; Effective access to justice; Principle of reasonableness; Powers of the Supreme
Court under Articles 32, 136, 141 and 142.

Solution (c)

Statement Analysis:

Additional Info:

Writ jurisdiction under Article 32 of Indian Constitution:

Article 32 confers the right to remedies for the enforcement of the Fundamental Rights of an aggrieved citizen.

Dr. Ambedkar called Article 32 as the most important article of the Constitution—‘an Article without which this constitution would be a nullity. It is the very soul of the Constitution and the very heart of it’.

 The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed by the Constitution.

 The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any of the Fundamental Rights. The writs issued may include: Habeas corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto.

However, this can be done without prejudice to the above powers conferred on the Supreme Court. Any other court here does not include High Courts because Article 226 has already conferred these powers on the High Courts.

The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution. Thus the Constitution provides that the President can suspend the right to move any court for the enforcement of the Fundamental Rights during National Emergency (Article 359).

Solution (b)

Statement Analysis:

Solution (c)

Basic Info regarding Personal Data Protection Bill: 

• It is India’s first attempt to domestically legislate on the issue of data protection.
• The Bill derives its inspiration from a previous draft version prepared by a committee headed by retired Justice B N Srikrishna.
• It is in conflict with Right to Privacy, which is an intrinsic part of right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution
• Non-Personalised Data like Browsing Pattern can also be used by fiduciaries to detect the behavioural patterns of individuals.
• Non-personal data refers to anonymised data, such as traffic patterns or demographic data.
• The previous draft did not apply to this type of data, which many companies use to fund their business model.
• The 3 categories of Data created by the Bill are: Personal data, Sensitive personal data (SPD), Critical personal data.

Solution (b)

Statement Analysis:

Additional Info:

Provisions in Article 15 and 16 of the Constitution empower the State to make special provisions in education and jobs respectively for the socially and educationally backward section of the society and for the economically weaker section.

Although these provisions are mentioned in Part III (fundamental rights) of the constitution, they are not binding on the state.

Solution (d)

Statement Analysis:

Solution (b)

Basic Info:

On 21st January 2014, the judgment in Shatrughan Chauhan & Anr v. Union of India was delivered by a three-judge bench. 

The Supreme Court while commuting the death sentence of all 15 convicts into life imprisonment held that undue, inordinate and unreasonable delay in disposing off the mercy petition is in itself a sufficient ground to entitle the convict to pray for commutation. 

The delay in rejecting the mercy plea by the President amounts to torture and is a clear violation of Article 21 of the convict rights. 

The Supreme Court, at the same time, however, refused to fix up a certain number of years above which undue delay would amount as torture and laid out that the execution of sentence must only be done in consonance with the constitutional mandate.

Solution (c)

Statement Analysis:

Additional Info:

The present position is that the Fundamental Rights enjoy supremacy over the Directive Principles. This does not mean that the Directive Principles cannot be implemented. 

The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

Solution (d)

Statement Analysis:

Solution (d)

Statement Analysis:

Solution (d)

Basic Info:

Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. In other words, it expressly provides for the doctrine of judicial review. 

This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.

 The term ‘law’ in Article 13 has been given a wide connotation so as to include the following:

• Permanent laws enacted by the Parliament or the state legislatures
• Temporary laws like ordinances issued by the president or the state governors
• Statutory instruments in the nature of delegated legislation (executive legislation) like order, byelaw, rule, regulation or notification
• Non-legislative sources of law, that is, custom or usage having the force of law

Solution (b)

Basic Info:

Article 21 is a fundamental right and is included in Part-III of Indian Constitution. This right is available to all citizens as well as non-citizens alike.  It cannot be suspended during an emergency. 

Some of the rights that are currently included in the ambit of Article 21 includes (mentioned in Menaka Case):

• Right to live with human dignity, Right to the decent environment including pollution-free water and air and protection
• Right to livelihood, Right to privacy, Right to shelter, Right to health, Right to free education up to 14 years of age.
• Right to free legal aid, Right against solitary confinement, Right to a speedy trial, Right against handcuffing, Right against inhuman treatment.
• Right against delayed execution, Right against bonded labor, Right against custodial harassment, Right to emergency medical aid, Right to timely medical treatment in a government hospital.
• Right to a fair trial, Right of prisoner to have necessities of life, Right of women to be treated with decency and dignity, Right against public hanging,  Right to hearing.
• Right to information, Right to reputation, Right of appeal from a judgment of conviction, Right to social security and protection of the family, Right to social and economic justice and empowerment, Right to freedom from noise pollution.

Solution (a)

Basic Info:

The various rights under the category Right to Freedom are contained under the Article 19-22 of the Indian Constitution: 

Article 19:  It is the most important and key article which embodies the “basic freedoms”. It provides that all citizens shall have the right – to freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions; to move freely throughout the territory of India; to reside and settle in any part of the territory of India; to practice any profession, or to carry on any occupation, trade or business. 

Freedom of speech and expression is not absolute. As of now, there are 8 restrictions on
the freedom of speech and expression which include – Security of the state; Friendly relations
with foreign states; Public Order; Decency or morality; Contempt of Court; Defamation;
Incitement to offence; Sovereignty and integrity of India.

Article 20: It provides for protection in respect of conviction of offences. In other words, it lays down certain safeguards to the person accused of crimes as stated below – Ex post facto law; Double Jeopardy and Self-incrimination.

Article 21: It provides for the protection of Life And Personal Liberty i.e. no person shall be deprived of his life or personal liberty except according to the procedure established by law.
In the Maneka Gandhi case, 1978, the Supreme Court held that the right of free movement is a vital element of personal liberty. 

Article 21A: It provides for the right to elementary education. Thus, it is the responsibility of the State to provide for free and compulsory education to all children of the age of six to fourteen
years. 

Article 22: It provides for the protection of people who have been arrested or detained in certain cases.

Solution (c)

Basic Info:

Habeas Corpus: It is a Latin term which literally means ‘to have the body of’. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of a detention. The writ of habeas corpus can be issued against both public authorities as well as private individuals.

Prohibition: Prohibition Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Thus, unlike mandamus that directs activity, the prohibition directs inactivity. The writ of prohibition can be issued only against judicial and quasi-judicial authorities. It is not available against administrative authorities, legislative bodies, and private individuals or bodies.

Quo-Warranto: In the literal sense, it means ‘by what authority or warrant’. It is issued by the court to inquire into the legality of a claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person. The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office. This can be sought by any interested person and not necessarily by the aggrieved person.

Solution (b)

Statement Analysis:

Solution (c)

Statement Analysis:

Additional Info:

Article 30 grants the following rights to minorities, whether religious or linguistic:

All minorities shall have the right to establish and administer educational institutions of their choice.

The compensation amount fixed by the State for the compulsory acquisition of any property of a minority educational institution shall not restrict or abrogate the right guaranteed to them. This provision was added by the 44th Amendment Act of 1978 to protect the right of minorities in this regard. The Act deleted the right to property as a Fundamental Right (Article 31).

In granting aid, the State shall not discriminate against any educational institution managed by a minority. 

Solution(b)

Statement Analysis:

Context- The new Government formed in Tamil Nadu has carried the term ‘Union Government’ in place of ‘Central Government’ used earlier.

Solution (a)

‘Right to be forgotten’ is an intrinsic part of Article 21. In 2017, the Right to Privacy was declared a fundamental right (under Article 21) by the Supreme Court in its landmark verdict (Puttuswamy case).

Context- A celebrity has approached Delhi High Court seeking removal of his videos, photographs and articles from the internet citing ‘Right to be forgotten’

Solution (d)

Statement Analysis:

Context: Recently Project BOLD was launched by KVIC & BSF.

Solution (b)

Statement Analysis:

Context- A research was conducted on black carbon and its impacts on health

Solution (d)

Statement Analysis:

Context- RBI Retail Direct Scheme was launched

Solution(b)

4500 × X = 3375

X=3375/4500. 

Divide both terms by 25, X=135/180. 

Dividing by 5, =27/36=3/4.

Solution(a)

4988÷4÷2 can also be written as 4988 × (1/4) × (1/2) as multiplication is the opposite of division

By dividing 4988 by 2 we get 2494 -> 2494 × (1/4)

By dividing 2494 by 4 we get 623.5

Solution(b)

Multiply 267 * 1000 = 267000

Subtract 267 once to obtain 267 * 999 = 267000-267 = 266733

Solution(d)

42 = 3 * 14 = 3 * 7 * 2. Therefore, 3 , 7 and 2 are factors of 42, Hence, if a number is divisible by 2, 3 and 7 then the number will be divisible by their product 42 also.

If a number is not divisible by 2, 3 and 7 , then it is not divisible by 42

• 84 is divisible by 2 ,3 and  7 , 84 is divisible by 42
• 168 is divisible by 2, 3 and 7 , 168 is divisible by 42
• 357 is divisible by 3 and 7 but not divisible by 2 
• 494 is divisible by 2 but not by 3 and 7
• 630 is divisible by 2 , 3 and 7, 630 is divisible by 42
• 1192 is divisible by 2 but not by 3 and 7
• 1764 is divisible by 2, 3 and 7 , 1764 is divisible by 42

Solution (a)

As the line indicates, torturing an enemy combatant for intelligence may be just a means to an end.