[DAY 38] 60 DAY RAPID REVISION (RaRe) SERIES for UPSC Prelims 2023 – ENVIRONMENT, CURRENT AFFAIRS & CSAT TEST SERIES!

Solution (c)

Explanation:

Statement 1 is correct: Under the provisions of Article 360, if the president is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of the territory is threatened, he may call for the proclamation of a financial emergency. The president may also issue directions for the reduction of salaries and allowances of all persons serving the union including the judges of the Supreme Court and high courts.

Statement 2 is Incorrect: The emergency ordinarily remains in force for 2 months, unless approved by both houses. The major consequence of the financial emergency is that the financial autonomy of the states is transferred; the president can issue directions to follow canons of financial propriety; direct the state governments to reduce the salaries of their employees; direct the governors to reserve all financial and money bills for his consideration. (Not governor’s consideration).

Statement 3 is Incorrect: It is under the president’s rule article 356 that the parliament is empowered to authorize the president to sanction expenditure from the consolidated fund of the state.

Solution (d)

Explanation:

Statement 1 is correct: The legislature is not involved in the process of appointment of judges. Thus it is believed that party politics would not play a role in the process of appointment of judges.

Statement 2 is correct: The constitution prescribes a very difficult procedure for the removal of judges. The constitution makers believed that a difficult procedure of removal would provide security of office to the judiciary members.

Statement 3 is correct: The judiciary is not financially dependent on the executive or legislative. The constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.

Solution (d)

Explanation:

Statement 1 is incorrect: The Centre becomes entitled to give executive directions to a state on ‘any’ matter. Thus, the state governments are brought under the center’s complete control, though they are not suspended.

Statement 2 is Incorrect: Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. Thus, the normal distribution of the legislative powers between the Centre and states is suspended, though the state legislatures are not suspended. In brief, the Constitution becomes unitary rather than federal.

Solution (c)

Explanation:

• Under Article 352, the President can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion. The President, however, can proclaim a national emergency only after receiving a written recommendation from the cabinet. This means that the emergency can be declared only on the concurrence of the cabinet and not merely on the advice of the Prime Minister. Hence option (a) is correct.
• The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its proclamation by the President. Once approved by both the houses of the Parliament the emergency continues for six months. Hence option (b) is correct.
• Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is, (a) a majority of the total membership of that house, and (b) a majority of not less than two-thirds of the members of that house present and voting.. Hence, option (c) is not correct.
• A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval. Hence option (d) is correct.

Solution (a)

Explanation:

• Article 352 Proclamation of Emergency – The Constitution employs the expression ‘proclamation of emergency’ to denote the National Emergency only due to war, external aggression or armed rebellion.
• An Emergency due to the failure of the constitutional machinery in the states (Article 356) is popularly known as ‘President’s Rule’. It is also known by other two names- ‘State Emergency’ or ‘constitutional Emergency’. However, the Constitution does not use the word ‘emergency’ for this situation.
• Financial Emergency is proclaimed under Article 360 – due to a threat to the financial stability or credit of India.

Solution (a)

Explanation:

• Statement 1 is correct: while the proclamation of national emergency is in operation, the president can modify the constitutional distribution of revenues between the center and states. This means that the president can either reduce or cancel the finance transfer from the center to the states.
• Statement 2 is incorrect: The modification continues till the end of the financial year in which emergency ceases to operate. Also, every such order of the president has to be laid before both houses of parliament.

Solution (a)

Explanation:

• Statement 1 is correct: The Supreme Court in the KS Puttaswami case held that Aadhar would remain mandatory for filing income tax returns and allotment of Permanent account numbers and for availing benefits under various government-run social welfare schemes.
• Statement 2 is incorrect: As per the Supreme Court Judgment, It would not be mandatory to link Aadhar to bank accounts and telecom service providers cannot seek its linking of Aadhar for mobile connections.

Solution (b)

Explanation:

• Option (a) is correct: Article 214 states that there shall be a high court for each state.
• Option (b) is incorrect: Article 241, Parliament may by law constitute a High Court for a State specified in Part C of the First Schedule or declare any court in any such State to be a High Court for all or any of the purposes of this Constitution.
• Option (c) is correct: Under Rule 22 of NGT Rules, there is a provision for seeking a review of a decision or order of the NGT. If this fails, an NGT order can be challenged before the Supreme Court within 90 days.
• Option (d) is correct: Parliament may by law extend the jurisdiction of a high court to any union territory.

Solution (b)

Explanation:

• Statement 1 is correct: A person to be appointed as a judge of a high court, should have the following qualifications:
• He should be a citizen of India.
• He should have held a judicial office for 10 years in the territory of India.
• He should have been an advocate for 10 years of a high court (or high courts in succession).
• It is clear from the above statements that the Constitution has not prescribed a minimum age for appointment as a judge of a high court.
• Moreover, unlike in the case of the Supreme Court, the Constitution makes no provision for appointment of a distinguished jurist as a judge of a high court
• Statement 2 is incorrect: The Constitution has not fixed the tenure of a judge of a high court. However, following provisions are made in this regard:
• He can hold office until he attains the age of 62 years. He may tender his resignation from his office by writing to the president of India.
• He can be removed from his office by the President of India on the recommendation of the Parliament.
• He vacates his office when he is transferred to another high court or appointed as a judge of the Supreme Court. (Job tenure is the measure of the length of time an employee has been employed by his/her current employer. For Example the tenure of Chief Election Commissioner is of 6 years with limitation of 65 years of age. Such limitation is not mentioned for Judges.)
• Statement 3 is correct: A person when appointed as a judge of a high court has to make and subscribe an oath before the governor of the state or some person appointed by him for this purpose, before entering upon his office.

Solution (b)

Explanation:

• The appointment, posting and promotion of district judges in a state are made by the governor of the state in consultation with the high court. A person to be appointed as district judge should have the following qualifications:
• The person must have been practicing as an advocate or pleader for at least seven years
• They must not be employed by the Union or the State in any other capacity
• They must be approved for employment by the High Court.
• The State Public Service Commission conducts an exam and the High Court Panel of Judges would interview the recommended candidates.
• The Governor of the state will appoint the District judges based on the recommendations of the Chief Justice of the High Court.

Solution (a)

Explanation:

• Compulsory provisions of Part IX of the constitution:
• The organization of Gram Sabha in a village or group of villages.
• Establishment of panchayats at the village, intermediate and district levels.
• Direct elections to all seats in panchayats at the village, intermediate and district levels.
• Indirect elections to the post of chairperson of panchayats at the intermediate and district levels.
• 21 years to be the minimum age for contesting elections to panchayats. Hence statement 3 is correct.
• Reservation of seats (both members and chairpersons) for SCs and STs in panchayats at all the three levels.
• Reservation of one-third seats (both members and chairpersons) for women in panchayats at all the three levels. Hence statement 1 is correct.
• Fixing tenure of five years for panchayats at all levels and holding fresh elections within six months in the event of supersession of any panchayat.
• Establishment of a State Election Commission for conducting elections to the panchayats.
• Constitution of a State Finance Commission after every five years to review the financial position of the panchayats.

• Voluntary Provisions of Part IX of the constitution:
• Giving representation to members of the Parliament (both the Houses) and the state legislature (both the Houses) in the panchayats at different levels falling within their constituencies.
• Providing reservation of seats (both members and chairpersons) for backward classes in panchayats at any level.
• Granting powers and authority to the panchayats to enable them to function as institutions of self- government (in brief, making the autonomous bodies).
• Devolution of powers and responsibilities upon panchayats to prepare plans for economic development and social justice; and to perform some or all of the 29 functions listed in the Eleventh Schedule of the Constitution.
• Granting financial powers to the panchayats, that is, authorizing them to levy, collect and appropriate taxes, duties, tolls and fees. Hence statement 2 is not correct.

Solution (d)

Explanation:

• A floor test can be explained as a motion initiated by the government in position seeking to know if it enjoys the confidence of the legislature. As part of this procedure, the chief minister appointed by the governor will be asked to prove majority on the Legislative Assembly’s floor.
• When a floor test is called for in the assembly of a state, the chief minister will move a vote of confidence and prove that he has the majority support. If the floor test fails, the chief minister will have to resign. Thus, a floor test is the conclusive proof of numbers in the House.
• The Supreme Court’s Constitution Bench judgment of 1994 in the S.R. Bommai case had introduced the concept of floor tests. Hence, statement 2 is not correct
• The Constitution Bench referred to Article 164 (2) which mandates that the “Council of Ministers shall be collectively responsible to the Legislative Assembly of the State”. The Bench interpreted that the ultimate test of the majority is not held in the Raj Bhavan but on the floor of the House.
• A Constitution Bench judgment of the Supreme Court has held that a Governor is bound to convene a meeting of the Assembly for a floor test on the recommendation of the Cabinet.
• Article 163 provides for a council of ministers with the chief minister as the head to aid and advise the governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.
• The five-judge Constitution Bench judgment of the Supreme Court in Nabam Rebia versus Deputy Speaker on July 13, 2016, held that a Governor cannot employ his ‘discretion’, and should strictly abide by the “aid and advice” of the Cabinet to summon the House.
• The Supreme Court highlighted that Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his Council of Ministers”. Hence statement 1 is not correct.

Solution (a)

Explanation:

• Features of 73rd Constitutional Amendment Act, 1992 related to Election of Members and Chairpersons:
• All the members of panchayats at the village, intermediate and district levels shall be elected directly by the people. Hence statement 1 is correct
• The chairperson of panchayats at the intermediate and district levels shall be elected indirectly—by and from amongst the elected members thereof. Hence statement 2 is correct.
• However, the chairperson of a panchayat at the village level shall be elected in such manner as the state legislature determines. Hence statement 3 is not correct.

Solution (c)

Explanation:

• Statement 1 is correct: Article 348(1) states that unless parliament by law provides otherwise, all proceedings before the Supreme Court and in every high court shall be conducted in English. Article 348(2) further provides that the governor of the state may with the previous consent of the president authorize the use of Hindi or any other language used for any official purpose in the proceedings of the high court.
• Statement 2 is correct: The constituent assembly of India adopted Hindi written in Devanagari script along with English as the official language of the country under article 343(1).

Solution (d)

Explanation:

• The Constitution divides the taxing powers between the Centre and the states in the following ways:
• The Parliament has exclusive power to levy taxes on subjects enumerated in the Union List.
• The state legislatures have exclusive power to levy taxes on subjects enumerated in the State List.
• Both the parliament and the State legislature can levy taxes on subjects enumerated in the Concurrent List.
• The residuary power of taxation (that is, the power to impose taxes not enumerated in any of the three lists) is vested with the Parliament. Under this provision, the Parliament has imposed gift tax, wealth tax and expenditure tax.
• The Constitution also draws a distinction between the power to levy and collect a tax and the power to appropriate the proceeds of the tax. Income tax is levied and collected by the Centre but its proceeds are distributed between the Centre and the states.
• Hence both the statements are not correct.

Solution (c)

Explanation:

• The freedom guaranteed by Article 301 is a freedom from all restrictions, except those which are provided for in the other provisions (Articles 302 to 305) of Part XIII of the Constitution itself.
• Statement 1 is correct: Article 302 deals with the power of Parliament to impose restrictions on trade, commerce and intercourse. Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.
• Statement 2 is correct: Article 303 deals with the restrictions on the legislative powers of the Union and of the States with regard to trade and commerce.
• However, notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorising the giving of, any preference to one State over another, or making, or authorising the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule.
• Nothing in clause (1) shall prevent Parliament from making any law giving, or authorising the giving of, any preference or making, or authorising the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India. Hence statement 2 is correct.
• Parliament cannot discriminate between the states or give preference to one state over the other except in the case of scarcity of goods in any part of India.

Solution (b)

Explanation:

• A special leave petition (SLP) is a petition to the Supreme Court not for high courts to hear an appeal against any judgments final or interlocutory in courts and tribunals in India. It is a plenary jurisdiction of the Supreme Court.
• SLP is a petition to the court to hear an appeal not an appeal in the first place. Further, it can’t be granted in case of a military tribunal and court martial. SLP is indeed a discretionary power of the Supreme Court to grant special leave. Hence option 2 is correct.

Solution (d)

Explanation:

• Statement 1 is correct: The high court can issue a writ even when the person resides or the entity is located outsides its territorial jurisdiction if the cause of action is wholly or partially within the court’s territorial jurisdiction.
• Statement 2 is correct: An appeal against an order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of the communication.
• Statement 3 is correct:  High Courts have been given original jurisdiction over cases arising out of Parliament or state legislature elections.

Solution (c)

Explanation:

• Statement 1 is correct: Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition, and quo warranto for the enforcement of the fundamental rights of the citizens and any other purpose.
• The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right. This implies that the writ jurisdiction of the high court is wider than that of the SC.
• Statement 2 is correct: Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.Only if fundamental rights are violated can a person can approach the Supreme Court directly under Article 32.

Solution (c)

Explanation: 

• Statement 1 is correct: Justice Mulla Committee (1983): (a) All India cadre for prison staff and bringing prison under the concurrent list; (b) Government should form a National Policy on Prisons; (c) Government to use alternatives to imprisonment such as community service etc.
• Statement 2 is correct: Justice V. R. Krishna Iyer Committee on Women prisoners (1987): (a) Separate institutions with women employees alone for women offenders; (b) Necessary provisions to restore the dignity of women even if convicted.A committee under the Chairmanship of the Director General, Bureau of Police Research and Development (BPR&D) (2005): It used the reports of Justice Mulla Committee Report and Justice Krishna Iyer Committee and made several additional and new recommendations. It also drafted a National Policy on Prison Reforms and Correctional Administration, in 2007.
• Statement 3 is correct: Justice Amitava Roy Panel on Prison Reforms: The panel was appointed by the Supreme Court in 2018. The Committee submitted its report on February 2020.
• (A) Overcrowding: (a) Special fast-track courts should be set up to deal with petty crimes; (b) Lawyers – Prisoners Ratio: There should be at least one lawyer for every 30 prisoners; (B) Understaffing: (a) The Supreme Court should pass directions to start the recruitment process against vacancies; (b) There should be the use of video-conferencing for trials; (C) Prisoners: (a) Every new prisoner should be allowed a free phone call a day to his family members to see him through his first week in jail; (b) Alternative punishments should be explored.
• Statement 4 is incorrect: The Union Government has appointed a three-member commission, headed by former Chief Justice of India K G Balakrishnan, to consider the possibility of granting SC status to “new persons who have historically belonged to the Scheduled Castes’’ but have converted to religions other than Hinduism, Buddhism, and Sikhism.

Solution (d)

Explanation:

• The binturong also known as the bearcat, is a viverrid native to South and Southeast Asia. The binturong is essentially arboreal. The binturong is one of only two carnivores that has a prehensile tail. The other is the kinkajou. Statement 1 is incorrect
• It has been assessed as Vulnerable on the IUCN Red List because of a declining population trend that is estimated at more than 30% since the mid-1980s. It is included in the CITES Appendix III and in Schedule I of the Wild Life Protection Act 1973, so that it has the highest level of protection. Mithun animal is the state animal of Nagaland and Arunachal Pradesh. Statement 2 is incorrect

Source: CLICK HERE

Solution (d)

Explanation:

• The Wassenaar Arrangement is a voluntary export control regime. The Arrangement, formally established in July 1996, has 42 members who exchange information on transfers of conventional weapons and dual-use goods and technologies. Statement 1 is correct
• The Arrangement is open on a global and non-discriminatory basis to prospective adherents that comply with the agreed criteria. Admission of new members requires the consensus of all members. Statement 2 is correct
• The Arrangement does not impede bona fide civil transactions and is not directed against any state or group of states. All measures undertaken with respect to the Arrangement are in accordance with member countries’ national legislation and policies and implemented on the basis of national discretion. Statement 3 is correct

Source: CLICK HERE

Solution (c)

A government-appointed gas price review panel, led by Kirit Parikh on Wednesday submitted its report to the government, recommending a floor and ceiling price for legacy fields and complete pricing freedom starting January 1, 2026. The panel has suggested linking the price of gas produced by state-owned firms from fields given to them on a nomination basis to imported crude oil prices.

Source: CLICK HERE

Solution (a)

Explanation:

• Large areas of the globe recorded drier-than-normal conditions in 2021, which was a year in which precipitation patterns were influenced by climate change and a La Niña event. The area with below-average streamflow was approximately two times larger than the above-average area, in comparison to the 30-year hydrological average. Statement 1 is correct
• The report focuses on three major areas: Streamflow, the volume of water flowing through a river channel at any given time. Terrestrial water storage (TWS) — all water on the land surface and in the sub-surface, the cryosphere (frozen water). Statement 2 is incorrect
• WMO (World Meteorological Organization) has released its first annual State of Global Water Resources Report 2021. Statement 3 is incorrect

Source: CLICK HERE

Solution (b)

Explanation:

• As part of the initiative, the United Nations Development Programme will distribute the `Jan Dhan’ account kits to waste segregation workers. The opening of the `Jan Dhan’ accounts has been facilitated through the UNDP’s plastic waste management programme. The programme also ensures the well-being and financial inclusion of the `Safai Sathis’ or waste-pickers, by linking them to the social protection schemes. Statement 1 is incorrect
• The waste management promotes the collection, segregation, and recycling of all plastics to move towards a circular economy for the same. This is done at ‘Swachhta Kendra’ or material recovery facilities. Statement 2 is correct

 Source: CLICK HERE

Solution (c)

The average weight of 30 students = 40 kg

After including the teacher, the average weight of 30 students + teacher = 40.5

30 * 40 + t = 31 * 40.5

1200 + t = 1250.5

t = 1250.5 – 1200 = 50.5 kg

Solution (b)

Total marks of 30 boys = 88 * 30 = 2640

(∵ Average = sum of all term/number of terms)

When the top two scores were excluded, the average marks reduced to 87.5

Total marks of 28 boys = 87.5 * 28 = 2450

Sum of the top two score = 2640 – 2450 = 190 ->(1)

Difference of two score = 2

Let the top score be x. So, 2nd top score = x – 2

From eq (1),

x + x – 2 = 190

x = 192/2 = 96

Solution (b)

The total numbers of years of the family of four 4 years ago = 4 * 17 = 68

The total numbers of years of the family of 5 presently = (17 + 4) * 4 + x = 85

= 21 * 4 + x = 85 years

= x = 85 – 84 = 1 year.

Solution (d)

The average marks = 70

Marks reduced of 80 students = 30

Formula used: Average = Sum of observation/Total number of observation

Calculation;

Let the total number of students appeared to be n

And let the sum of marks of total student be S

average marks = S/n = 70 ⇒ S = 70n      —-(i)

Now, after deducting 30 marks as the score is reduced from 90 to 60 of 80 students

the new sum of marks = S – 2400

new average = (S – 2400)/n = 50

Now, from equation. (1), we know that S = 70n

⇒ 70n – 2400 = 50n

⇒ 20n = 2400

⇒ n = 120

∴ Total number of students who appeared for an exam = 120.

Solution (b)

Note the line before the statement that Topophilia is difficult to design for and impossible to quantify: ‘As Tuan noted, purely aesthetic responses often are suddenly revealed, but their intensity rarely is long-lasting’. So, the reason why Topophilia is difficult to design for is that people’s responses to their environment are subjective, sudden and short-lived.

Hence, option b is correct.