Professional Documents
Culture Documents
T OF
F CONTE
ENTS
TA
ABLE OF CONT
TENTS
THEME I IND
DIAN CON
NSTITUTIO
ON 2 11 CHRI re
eveals poor state of jails
THEME II FU
UNCTIONIING OF PARLIAME
P ENT AND 13 Singur Land Issue
e
STATE LEG
GISLATURE
E 12 14 Competitive B
Bidding through Swiss
Challen
nge Method
5 Role of Govern nor in Arun
nachal Pradesh and 15 Right to
o safe wate
er
its intterpretation by Supre
eme Courtt
16 Cauveryy Water Diispute
6 Smaller parties and Inde ependents in Rajya
17 Supremme Court viiew on Suttlej Yamun
na Canal
a unite for more talkk time
Sabha
(SYL)
7 Moto ment) Bill, 2016
or Vehicles (Amendm
18 Census data on litteracy
8 Citize
enship (Am
mendment) Bill, 2016
19 Regulattion of don
nations byy Foreign NGOs
N
9 Transgender Pe
ersons (Prrotection of
o Rights)
20 Pradhan
n Mantrii Kaushal Vikas Yojana
Bill, 2016
(PMKVYY)
THEME III JU
UDICIARY 32
EME VI GOV
THE VERNANC
CE 58
Practise Question
Q ns have been
be proviided at thhe end off every les
esson/ top pic. Questtions havee been
framed to
t highlig
ght those artcicles, aspetcs of
o the new
ews and reelated dim mensions which we want
you to develop
de claarity on. Answers
A are
a given at
a the lastt page of this issuee.
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THEME ONE| IN
NDIAN C
CONSTITU
UTION
THEME 1
IND
DIAN CO
ONSTITUTION
1.
1 ELEC
CTION M
MUSEUM
M
# Indiian Constittution
Why
W is this topic importtant for the
e exam?
• Electio
ons are the e vital part of the dem
mocracy. Ellections sym
mbolise power of the people givven in the form of
univerrsal adult su
uffrage.
• eflected in the form of governmen
It is re nt by the pe
eople.
• It is th
hus importa i empowering the pe
ant to highlight the ricch legacy off elections in eople and sttrengthenin
ng of the
democracy in the e country sin
nce independence.
What
W is the current
c context?
• d museum that chronicles the co
A firstt-of-its-kind ountry's hisstorical elecctoral journ
ney with arttefacts, doccuments,
photoographs and d film exhibits drawn
n from rare
e archives was throw wn open to o the public. This mu useum is
christe
ened as 'A JJourney thro
ough Elections'.
• Visitorrs will also be able to
o see an arrchival docu
umentary “T
The Great Experimentt” chroniclin
ng the firstt general
electio
ons in the country.
• A sepaarate sectio
on presentss the transfo
ormation frrom ballot boxes
b to th Machines and Voter-
he Electronic Voting M
Verifia
able Paper A
Audit Trail (VVPAT).
(
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THEME ONE| INDIAN CONSTITUTION
• Indelible ink
a) The indelible ink used during elections was first designed by Council of Scientific and Industrial Research (CSIR),
and then given to the Mysore Paints and Varnish in 1962.
b) Indelible ink used in elections is a solution of Silver Nitrate which stains the skin on exposure to ultraviolet light
leaving a mark on the skin which is very difficult to remove.
c) When the silver nitrate solution is put on the skin, it reacts with the salt present on our skin to form silver
chloride which is not soluble in water and hence cannot be easily washed or removed.
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THEME ONE| IN
NDIAN C
CONSTITU
UTION
PracticeQuesstions
Q1.
Q Which
h among the
e following articles me
entions about Universa
al Adult Sufffrage?
a)) Article
e 325
b) Article
e 326
c)) Article
e 328
d) Article
e 329
Q2.
Q Which
h among the followin ng Indian National
N Coongress se essions wass importantt in empha
asising on political
equaliity by makin
ng the electtoral processs more parrticipatory and
a inclusivve?
a)) 1924, Belgaum se
ession
b) 1928, Calcutta se
ession
c)) 1929, Lahore sesssion
d) 1931, Karachi sesssion
Q3.
Q Indelib
ble ink, used
d in the ele
ections, is a solution of
a)) Silver Nitrate
b) Silver Chloride
c)) Silver Iodide
d) Potasssium Iodide
e
2.
2 STRO
ONG CRRITICISM OF GOV
VERNME
ENT IS NOT
N DEFFAMATO
ORY OR S
SEDITIOUS AS
PER SUPREM
ME COUR RT
# Fun
ndamental Rights
Why
W is this topic importtant for the
e exam?
• The crriticism of th
he governm
ment actionss and policiies form the
e basis for strengthenin
s ng of demo
ocracy.
• To faccilitate this, freedom off speech pla
ays an impo
ortant part as es space for constructive criticism
a it provide m.
• On this, the Supreme Courtt has create ed a fine wedge
w betw
ween criticissm of the government
g t and sedittion. Any
criticissm of the g
governmentt cannot am mount to seedition as criticizing th
he policies or
o administtrative failurre of the
government com mes within th undamental right of fre
he fold of fu eedom of speech and expression..
• Also, UPSC
U has sttressed on the
t importa
ance of this topic by asskingsuch questions
q prreviously, fo
or e.g.
Q Consid
der the follo
owing state
ements: (# Pre-2014)
P
A Constitutional G
Governmen
nt is one wh
hich:
1. placess effective re o individu
estrictions on ual liberty in the interesst of State Authority
A
2. placess effective re o the Auth
estrictions on hority of thee State in th
he interest of
o individua
al liberty
Which
h of the statements given above iss/are correcct?
(a
a) 1 onlyy
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THEME ONE| INDIAN CONSTITUTION
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring
that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial
activism in achieving the ideals of democracy.(#Mains-2014)
Practice Questions
Q4. Which of the following cases deals with the constitutional validity of Section 124A (sedition) in the IPC?
a) Harish Uppal vs. Union of India
b) Anil Rai vs. State of Bihar
c) Kedarnath Singh vs. State of Bihar
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THEME ONE| IN
NDIAN C
CONSTITU
UTION
d) S. Chin
nnappa vs. State of Tam
mil Nadu
Q5.
Q Which
h of the follo
owing state
ements is/arre correct?
1. Article
e 19(1) a of Indian Constitution prrovides prottection of certain rightts regarding
g freedom o
of speech.
2. Intention to harm wing or havving reason to believe that such action will harm, the reputation of such
m, or know
personn is termed as defamattion.
Choosse the corre
ect code
a)) 1 onlyy
b) 2 onlyy
c)) Both 1 and 2
d) None of the abovve
3.
3 EQU
UAL PAY FOR EQUAL WO
ORK
# Dire
ective Principles of State Policyy
Why
W is this topic importtant for the
e exam?
• Equal pay for equal work is a very big issue with respect to compensattion and be
enefits given to a “perrmanent”
and a “contract w
worker”.
• While the unorga anised and the private
e sectors are notoriou
us for floutiing the prin
nciple of na
atural justicce in the
matter of equal pay for equal work viis-à-vis perrmanent and contract worker. Su uch violations have farr greater
ramificcations wheen governm
ment deparrtments optt for such employmen nt on a largge scale, ostensibly too reduce
their financial
f burden.
• n by UPSC is reflected in the nature of questiions asked in
Imporrtance given i previous years, for e
e.g.
What
W is the current
c context?
• In a significant ve
erdict, The Supreme
S Court, in Stat
ate of Punjaab vs. Jagjit Singh, upho
olds the priinciple of equal pay
for equal work irrrespective of
o whether one
o is a “pe ermanent” or o a “contra act” employee.
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THEME ONE| INDIAN CONSTITUTION
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THEME ONE| IN
NDIAN C
CONSTITU
UTION
• Article
e 51 says that state shall ende eavor to promote intternational peace and d security, maintain justj and
honou urable relations between nations, foster resp
pect for inte
ernational law and treaaty obligatiions in the dealings
of org
ganized peo oples with one
o anotherr; and encou urage settle
ement of intternational disputes byy arbitration
n.
Practice Que
estions
Q6.
Q The co
oncept of ‘e
equal pay fo
or equal wo
ork for both men and women’
w has been enshrined in
a)) Article
e 14
b) Article
e 16
c)) Article
e 39(a)
d) Article
e 39(d)
Q7.
Q The law declared by the Sup
preme Court shall be binding on all
a courts within the terrritory is me
entioned in
a)) Article
e 123
b) Article
e 124
c)) Article
e 137
d) Article
e 141
4.
4 DELH
HI HIGH COURT VERDIC
CT ON TH
HE STAT
TUS OF DELHI
D GO
OVERNM
MENT
#Constitutional Provisionss for Delhi
Why
W is this topic importtant for the
e exam?
• Delhi is neither a State, nor a Union Territory. It ussed to be a full-fledged Union Territory till 1
1991, when the 69th
amend dment of thhe Constitution gave itt a special status.
s The amendmen nt declared the Union T Territory off Delhi to
be forrmally knowwn as Nationnal Capital Territory
T off Delhi.
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• However, the recent controversies with the Lieutenant Governor of Delhi and Delhi’s Chief Minister over
administrative issues led to this confusion over the actual status of Delhi. Hence a case was filed in Delhi High
Court to clear the confusion over the status of Delhi.
• It is Subjudice in the Supreme Court
• Importance given by UPSC is reflected in the nature of questions asked in previous years, for e.g.
Q The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its (#
Pre- 2014)
(a) advisory jurisdiction
(b) appellate jurisdiction
(c) original jurisdiction
(d) writ jurisdiction
Q Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any that have led to recent
reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the
administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal
politics? (#Main-2016)
Core:Points to focus
• Article 239(Administration of Union territories): Every Union territory shall be administered by the President
acting, to such extent as he thinks fit, through an administrator to be appointed by him.
• Article 239A: However, vide the Constitution 14th Amendment Act in 1962, the First Schedule was amended and
Article 239A was added. Article 239A provides for creation of local legislatures or Council of Ministers or both for
certain Union Territories.
• Further, The Government of Union Territories Act, 1962 created legislatures for the Union Territories of Himachal
Pradesh, Manipur, Tripura, Goa, Daman, Diu and Pondicherry (Puducherry).
• Article 239AA: Article 239AA of the Indian Constitution, enacted as per 69th Amendment Act confers special
provisions for Delhi (National Capital Territory of Delhi).
a) The administrator thereof appointed under Article 239 shall be designated as the Lieutenant Governor.
b) There shall be a Council of Ministers consisting of not more than ten percent, of the total number of members in
the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the
exercise to his functions in relation to matters with respect to which the Legislative Assembly has power to make
laws, except in so far as he is, by or under any law, required to act in his discretion.
c) Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any
matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision
given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in
any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to
take such action or to give such direction in the matter as he deems necessary.
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CONSTITU
UTION
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THEME ONE| INDIAN CONSTITUTION
Practice Questions
Q8. Which of the following statements is/are incorrect?
1. Every Union territory shall be administered by the President through an administrator to be appointed by him.
2. The President may appoint the Governor of a State as the administrator of an adjoining Union territory.
3. The Administrator of a Union Territory shall administer as per the directions of his Council of Ministers without
having any discretionary power.
Codes:
a) 1 only
b) 3 only
c) 1 and 3 only
d) None of the above
Q9. Which of the following statements with respect to National Capital Territory of Delhi is/are correct?
1. The Article 239AA contains specific provisions for National Capital Territory of Delhi.
2. The Lieutenant Governor may exercise his discretionary power in case of difference of opinion between the
Lieutenant Governor and his Council of Ministers.
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above
Q10. Which of the following articles empower the Parliament to create local Legislatures or Council of Ministers or
both for certain Union territories?
a) 239
b) 239A
c) 239AA
d) 239AB
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THEME TWO|
T FU
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NG OF PAR
RLIAMENT
T AND STA
ATE LEGISL
LATURE
THEME 2
FUN
NCTION
NING OF PARLIIAMENT
T AND STATE LEGISLATURE
5.
5 ROLE OF GO
OVERNO
OR IN AR
RUNACH
HAL PRA
ADESH AND
A ITS INTERP
PRETATIO
ON BY
SUPREME CO
OURT
# Disccretionary power of Governor
Why
W is this topic importtant for the
e exam?
• The juudgment iss importantt as it is for the firstt time, the Supreme Court has restored a governme ent after
appened in Arunachal Pradesh byy declaring all decisions of Governor Jyoti P
dismisssal. This ha Prasad Rajkkhowa as
“unconstitutionall” that had first
f t imposittion of President’s rule
led to the e in the state and later formation of a new
government led b by the Conggress break kaway factio
on.
• It emp o defection by elected representa
phasises on the issue of atives, and its legality or
o illegality.
• n by UPSC is reflected in the nature of questiions asked in
Imporrtance given i previous years, for e
e.g.
Q.
Q Which e following Schedules of the Con
h one of the nstitution off India conttains provisions regard
ding anti-de
efection?
(#Pre--2014)
(a
a) Secon
nd Schedule
e
(b
b) Fifth Schedule
S
(cc) Eighth
h Schedule
(d
d) Tenth Schedule
Q.
Q Which
h of the follo
owing are the discretio
onary powe
ers given to the Govern
nor of a Statte? (#Pre-20
014)
1. ng a report to the Pressident of Ind
Sendin dia for impo
osing the President’s rule
2. Appoiinting the M
Ministers
3. Reservving certain
n bills passe nsideration of the Presiident of Ind
ed by the State Legislatture for con dia
4. Makin
ng the rules to conductt the busine
ess of the Sttate Govern
nment
Selectt the correctt answer using the cod
de given below.
(a
a) 1 and 2 only
(b
b) 1 and 3 only
(cc) 2, 3 an
nd 4 only
(d
d) 1, 2, 3 and 4
Q.
Q Consid
der the follo
owing state
ements: (#Pre-2015)
1. The Legislative C Council of a State in India can be
b larger in
n size than
n half of th
heLegislative
e Assemblyy of that
particu
ular State.
2. The Governor of a State nom
minates the Chairman of
o Legislativve Council of
o that particular State.
Which
h of the stattements givven above iss/are correcct?
(a
a) 1 onlyy
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(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q. Consider the following statements: (#Pre-2016)
1. The Chief Secretary in a State is appointed by the Governor of that State.
2. The Chief Secretary in a State has a fixed tenure.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
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ATE LEGISL
LATURE
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• Article 244 mentions about administration of Scheduled Areas and Tribal Areas where the role of Governor
becomes important as he can take certain administrative and welfare decisions for the tribal areas notified under
Fifth Schedule at his discretion in consultation with the President of India.
• Clause 5(1) of the Fifth Schedule requires all laws applicable to the rest of the country to be adapted to suit the
interests of the tribals before they are extended to tribal areas. Thus, the Constitution recognises that tribals shall
not be assimilated with the general population and their special needs must be taken into account before any
laws are extended to these areas and the Governor is empowered to decide the manner in which any law is to be
made applicable to the Scheduled areas.
• Under Article 166(3), Governor may frame Rules of Business and allocate all his functions to different ministers
except those which governor discharges in his own “discretion”. The expression “Business of the Government of
the State” under Article 166(3) comprises of functions which the Governor is to exercise with the aid and advice
of his Council of Ministers (COMs) including those functions which the Governor has to exercise in his own
subjective satisfaction as well as statutory functions of State Government. Thus, except the matters to be
discharged by the Governor in his discretion, his personal satisfaction is not required and any function may be
allocated to Ministers.
Practice Questions
Q11. Which of the following statement is/are Incorrect?
1. The President of India before entering upon office, shall make or subscribe oath or affirmation before the Chief
Justice of India.
2. The executive power of the Union shall be vested in the Prime Minister and shall be exercised directly or
through officers subordinate to him/her in accordance with the Constitution of India
3. No person shall be eligible for the appointment of President unless he/she is a citizen of India, has completed
the age of thirty five years and is qualified for election as a member of the Council of States.
a) 1 and 2
b) 2 and 3
c) 1,2 and 3
d) 1 and 3
Q12. Which of the following statements with regard to the Governor of a State is/are correct?
1. There shall be a Governor for each State and the same person cannot be appointed as Governor for two or
more states.
2. The executive power of the State shall be vested in the Governor and shall be exercised directly or through
officers subordinate to him/her in accordance with the Constitution of India
3. The Governor shall hold office during the pleasure of the Chief Minister of the state.
4. The Governor of a State shall be appointed by the President by warrant under his hand and seal.
a) 1 and 4
b) 1,2 and 4
c) 1,2 and 3
d) 2 and 4
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Q13.
Q The Governor o of a state beefore enterring upon his office, sh
hall make or subscribe oath in the
e presence of which
of th
he following
g dignitariess?
a)) Chie
ef Justice of India
b) Chie
ef Justice of High Courtt concerned
d
c)) President of Ind
dia
d) Chie
ef Minister o
of State
Q14.
Q Consider the fo
ollowing statements
1. Therre shall be a Council of o Ministers with the Governor at the head to Chief Minister in the
o aid and advise the C
exerrcise of his ffunctions.
2. Under the consstitution, Go nnot exercise his functions at his discretion
overnor can d nd has to abide by the
an e aid and
advise of his Co
ouncil of Miinisters
3. The Chief Minisster shall be
e appointed
d by the Go d the other Ministers shall be app
overnor and pointed by the
t Chief
Miniister.
Choo
ose the corrrect code
a)) 1 and 2
b) 2 and 3
c)) 1 and 3
d) Non
ne of the Ab
bove
6.
6 SMAALLER PA
ARTIES AND IN
NDEPEND
DENTS IN
I RAJYA
A SABH
HA UNIT
TE FOR MORE
TALK
K TIME
#Parliiament (Fu
unctioning))
Why
W is this topic importtant for the
e exam?
• This iss only the th
hird time in
n the historyy of Indian Parliament that a conssolidated group of MP
Ps have bee en united
to discuss collecttively on issues of National impo ortance con
nsidering th
heir lower representat
r ion in Rajya
a Sabha.
The firrst instance
e was in 19883 and the second
s in 19
990.
• This group
g of M
MPs have united
u to secure
s morre time to speak in House deb bates, wherre their soolitary or
numerically lean status afforded them as little as three minuutes of spee
ech time.Tim
me allotted to parties to
t speak
on debates depends entirelyy on their sttrength in the House.
• A grou
ouping of th his kind will,l, therefore, make it po
ossible, say,
y, for a party
ty like the Sikkim
S Demo
mocratic Fronnt with a
singlee MP to speeak for as much
m time as
a say, a Sam
majwadi Paarty with 19 9 MPs in thee Upper Ho ouse.As a reesult, this
group p can also be representted in the Business
B Adv
dvisory Comm
mmittee (BAC C) that decid
des time alllotment to speak.
• Questions on fun
nctioning off Parliamentt are favourrite with UP
PSC. For e.g..
Q.
Q Consid
der the follo
owing state
ements rega
arding a No
o-Confidencce Motion in
n India (#Prre-2014)
1. There is no mention of a No
o-Confidencce Motion in
n the Consttitution of In
ndia.
2. A Mottion of No-C
Confidence
e can be intrroduced in the Lok Sab
bha only.
Which
h of the stattements givven above iss/are correcct?
(a
a) 1 onlyy
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THEME TWO| FUNCTIONING OF PARLIAMENT AND STATE LEGISLATURE
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q. Which of the following statements is/are correct? (#Pre-2016)
1. A Bill pending in the Lok Sabha lapses on its prorogation.
2. A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on dissolution of
the Lok Sabha.
Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q. The Indian party system is passing through a phase of transition which looks to be full of contradictions and
paradoxes.” Discuss. (#Main-2016)
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b) An Un nstarred Quuestion is on
ne which iss not called for oral an
nswer in thee House and on which h no supple ementary
questiions can coonsequentlyy be asked. To such a question,
q a written ansswer is deeemed to havve been laid d on the
Table after the QQuestion Ho our by the Minister to whom it iss addressed official report of the
d. It is printed in the o
sitting
g of the House for which it is putt down. On nly 230 que estions can be listed foor written a
answer on a day. In
additioon to this, 25 more questions
q can
c also bee included in the Unsstarred Listt relating to o the Statees under
Presidential Rule and the tootal numberr of questioons in the list of Unstarred Questiions for a dday may not exceed
255 inn relaxation of normal limit
l of 230 questions.
c)) A Shoort Notice QQuestion is one which h relates to a matter of
o urgent public importance and can be askked with
shorte
er notice th han the pe otice prescrribed for an ordinary question. Like a starrred questiion, it is
eriod of no
answeered orally ffollowed byy supplemen
ntary questiions.
d) The Question
Q to
o a Private Member is i addresseed to the Member
M hiimself/herse
elf and it is asked when
w the
subjecctmatter of it pertains to any Bill, Resolution
n or any ma
atter relating to the Buusiness of th
he House fo
or which
that Member
M is responsiblee. For such Questions,, the same procedure is followed d as in the
e case of Questions
Q
addresssed to a M
Minister withh such variations as the
e Speaker may
m conside er necessaryy or convenient.
• Zero Hour:
H The tiime immediately follow
wing the Qu
uestion Hou ur has come to be knoown as "Zerro Hour". It starts at
around 12 noon (hence the name) and members can, c with prrior notice to
t the Spea
aker, raise isssues of imp
portance
during
g this time.
• ally, discussions on important Bills, the Budg
Typica get, and oth
her issues of
o national importance
e take place
e from 2
pm onnwards.
b) BAC of
o Rajya Sab
bha
The Rajya
R Sabha a Business Advisory
A Coommittee has
h 11 mem mbers inclu uding the Vice-Preside
V ent as its ex-officio
e
chairm
man. The m members are e nominate ed by Speakker/Chairma an. BAC of Rajya Sabh ha recomm mends the time that
shouldd be allocatted for the discussion of the stage or stagess of such Goovernment Bills and otther business as the
Chairm
man in conssultation with the Lead der of the House may direct
d for be
eing referred to the Co
ommittee.
The Committee
C also recom
mmends the e time that should be allocated for the discussion of stage or stages
s of
private
e Memberss' Bills and Resolutionns. It has th
he power to
o indicate in
i the prop posed time-table the different
hours at which the various stages of the
t Bill or other
o busin
ness are to be comple eted. The Co
ommittee performs
p
such other
o functions as mayy be assigne
ed to it by the Chairma
an from time
e to time.
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Practice Questions
Q15. Which of the following statements is/are correct?
1. The first hour of every sitting of Parliament for asking questions is ‘Zero Hour’.
2. The time immediately following the Zero Hour is ‘Question Hour’.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above
#BILLS, ACTS AND PROCEDURES are very common area for asking questions by UPSC. Importance given
by UPSC is reflected in the nature of questions asked in previous years, for e.g.
Q. When a bill is referred to a joint sitting of both the Houses of the Parliament, it has to be passed by (#Pre-2015)
(a) a simple majority of members present and voting
(b) three-fourths majority of members present and voting
(c) two-thirds majority of the Houses
(d) absolute majority of the Houses
Q. With reference to the Union Government, consider the following statements: (#Pre-2015)
(1) The Department of Revenue is responsible for the preparation of Union Budget that is presented to the
Parliament.
(2) No amount can be withdrawn from the Consolidated Fund of India without the authorization from the
Parliament of India.
(3) All the disbursements made from Public Account also need the authorization from the Parliament of India.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 2 only
(d) 1, 2 and 3
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Q.
Q Nation
nal urban transport po olicy empha asizes on moving
m people instead of moving
g vehicles. D
Discuss critically the
successs of various strategiess of the govvernment in
n this regard
d. (#Main-2014)
• Money Bill
Underr Article 1100 (1) of the Constitution, a Bill is deemed
d to be
b a Moneyy Bill if it contains only provisions on all or
any off the following:
a)) impossition, abolittion, remisssion, alteration or regulation of an
ny tax;
b) regula
ation of borrrowing by the
t governm
ment;
c)) custod
dy of the C
Consolidated
d Fund or Contingenc
C cy Fund of India,
I and payments
p in
nto or withdrawals fro
om these
Fundss;
d) appropriation of moneys ou
ut of the Consolidated Fund of Ind
dia;
e)) penditure charged on the Consollidated Fund of India o
declarring of any expenditurre to be exp or the incre
easing of
the am
mount of an ny such expenditure;
f) receip
pt of moneyy on accoun
nt of the Coonsolidated Fund of In
ndia or the public acco
ount of India or the cu
ustody or
issue of
o such money or the audit
a of the
e accounts of
o the Unionn or of a Sta
ate; or
g) any matter
m incide
ental to anyy of the mattters specified in (a) to (f)
• Conso
olidated Fun
ndof India
This fund
f was cconstituted under Artiicle 266 (1) of the Constitution of India. All revenue
es received
d by the
government by wway of dire nd indirect taxes, mon
ect taxes an ney borroweed and receipts from loans given
n by the
government flow
w into the Co
onsolidatedd Fund of In
ndia.
All go
overnment expenditure is made e from this fund, exxcept excep ptional item
ms which are met frrom the
ngency Fund. Importan
Contin und without the Parliament's approval.
ntly, no money can be withdrawn from this fu
• Contin
ngency Fundof India
This fu
und was co onstituted by
b the gove on of India.. This fund is at the
ernment under Article 267 of the Constitutio
dispossal of the Prresident.
Any expenditure incurred frrom this fund requiress a subsequ he Parliament and the amount
uent approvval from th
withdrrawn is retu
urned to the
e fund from
m the Consolidated Fun
nd.
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• Finance Bill
Any Bill which deals with revenue or expenditure of the Government is a Finance Bill. However, only those
Finance Bills which are endorsed by the Speaker under Article 110 (4) become a Money Bill. Financial Bills that are
not certified by the Speaker are of two kinds: Financial Bill (A) and Financial Bill (B).
Financial Bill (A) as under Article 117(1) includes any matters mentioned above under Article 110(1) (a) to (f) plus
any other matters related to revenue or expenditure of the Government. Financial Bill (A) can only be introduced
in the Lok Sabha on the recommendation of the President.
Financial Bill (B) are just like other Ordinary Bills that contain provisions involving expenditure from the
Consolidated Fund as specified in Article 117 (3). Financial Bill Category B and Ordinary Bills can be introduced in
either House of Parliament. Thus, every Bill other than a Money Bill and Financial Bill (A) introduced in the
Parliament acts like an Ordinary Bill.
• Money Bill (Article 109) and Finance Bill (A) (Article 117(1)) shall not be introduced in the Rajya Sabha. Whereas
all other Bills including Ordinary Bill, Financial Bill (B), and Constitution Amendment Bill can be introduced in
either House of the Parliament under Article 107.
• Once a Bill is passed by Lok Sabha, it goes to Rajya Sabha along with Speaker’s certificate that it is a Money Bill
for its recommendations. However, Rajya Sabha can neither reject nor amend such Bill but can only recommend
changes in the Bill. Rajya Sabha must return the Bill within 14 days, after which Lok Sabha may accept or reject all
or any of its recommendations. In either case, the Bill is deemed to have been passed by both Houses. Under
Article 109 (5), if Rajya Sabha fails to return the Bill to Lok Sabha within 14 days, it is deemed to have been
passed anyway.
• The recent controversy over passage of bill as money bill is with respect to The Aadhaar (Targeted Delivery of
Financial and Other Subsidies, Benefits and Services) Bill, 2016which was passed by the incumbent government
as Money Bill. A PIL filed in Supreme Court has challenged the decision to treat Aadhaar Bill as a money Bill. The
petitioner has claimed that introduction of Aadhaar Bill as a money Bill is a brazen and malafide attempt to
bypass the approval of the Rajya Sabha, which holds an important place in the Constitutional and democratic
framework of law-making. However, the contentious issue to be decided by the Supreme Court is whether the
grounds on which Speaker of Lok Sabha certifies a Bill as money bill under Article 110 (4) can be subject to
judicial review.
1 President
Recommendation No No
Required
2 Rejection of Bill by
No No
Rajya Sabha
3 Introduction in Rajya
No No
Sabha
4 Introduction in Lok
Sabha
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• Ordina
ance Replaccing Bill
Ordina ance replaccing Bills are
e brought before
b Parliiament to replace
r an Ordinance,
O with or witthout modiffications,
promu ulgated by the Preside ent under Article
A 123 of the Con nstitution off a subject. To providde continuitty to the
provissions of the
e Ordinance e, such a Biill has to bee passed byy the Housses of Parlia ament and assented to o by the
Presid
dent within ssix weeks of the reasseembly of Pa arliament.
Article
e 123 of th
he Constitution grantss the Presid
dent and Article
A 213 grants the Governor certain law
w making
powerrs to promulgate Ordinances wh o the two Houses off Parliamen
hen either of nt or State Assembly is
i not in
session.
Howevver, an ordinance cannot be madde on subje ects which Parliament or State Le
egislative A
Assembly unnder this
constitution is not compete
ent to enacct. If an ordinance is made on such
s subjeccts, then it is open to
o judicial
review
w.
• Constitution Ame
endment Bill
Article des Power of Parliame
e 368 provid ent to amen
nd the Consstitution an nd procedurre thereof. Amendmen nt of this
Constitution mayy be initiate
ed only by the introduction of a Bill in eithher House of
o the Parliiament. Ass per the
proceddure laid do
own in the Constitutio
C n under Artticle 368, Co
onstitution Amendmen be of three types:
nt Bills can b
1. Amendment requ
uiring simplle majority for their passage in ea
ach House
2. Amendment requ uiring special majority for their pa ach House i.e.,
assage in ea i a majorrity of the to
otal membeership of
a Houuse and by a majority of
o not less than two-th hirds of the
e members of that Hou
use presentt and voting
g (article
368); and
a
3. Amendment requ uiring special majority for their pa
assage and ratification
n by Legislattures of not less than one-half
of the States by rresolutions to that effe
ect passed by those Le
egislatures (proviso
( to clause (2) o
of article 368
8).
• If amendment sseeks to ch hange the following, then ame endment sh equire to be ratified by the
hall also re
Legisla
atures of nnot less tha
an one-halff of the Sta
ates by reso
olution to that effect passed byy those Leg
gislatures
before
e the Bill maaking provision for succh amendm
ment is prese
ented to the
e President for assent.
a)) Electio
on of Presid
dent, Manne er of electio
on of Presid
dent, Extent of executivve power off the Union, Extent of executive
e
powerr of the Statte, High Courts for Uniion Territories
b) Union Judiciary u
under The Union,
U ates under The States or Legislattive Relation
The High Courtts in the Sta ns under
Relatio
ons betweeen the Union
n and the States,
S or
c)) Any of the Lists in
n the Seven
nth Schedule, or
d) The re on of Statess in Parliament, or
epresentatio
• When a bill is inttroduced byb any ministry or govvernment de epartment, it is known n the Government Bill. On the
contra
ary, a bill inttroduced byy a private Member
M of Parliamentt is called a Private Member's Bill.
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If, in the stage of first reading, the bill is opposed, the mover and the opposer of the bill are required to make
brief statements on the floor of the House. After that, the vote is taken.
Once the bill is cleared in the first stage, the presiding officer of the House (the Speaker or the Chairman) sends
the bill for publication in the Gazette. Sometimes important bills are already published in the Gazette before they
are introduced in a House.
• Second Reading: This is considered the most important stage of lawmaking in the Parliament. At this stage there
are several options. First, it may go straight to the House for consideration. Secondly, it may be referred to a
Select Committee of the House. Thirdly, it may also be sent to a Joint Committee of both Houses. Fourthly, it may
go for circulation for eliciting public opinion.
In most of cases, the bill is referred to a Select Committee. But, if the bill is of great importance, it is circulated
among the public for knowing the opinions and reactions of different segments of the society.
• Select Committee Stage: After initial discussion on the bill during the second reading, the bill is usually sent to a
Select Committee for more critical considerations. The Chairman of the Committee is appointed by the presiding
officer of the House (the Speaker or the Chairman). After a general discussion, the bill is discussed clause by
clause. Experts and witnesses are invited to express their opinions.
• The Report Stage: The Select Committee is expected to submit a report to the House within three months. In the
Select Committee, the decision is taken by majority and the report of the committee may include the
recommendations of the committee and the changes that it wants to be incorporated in the bill.
• Then the bill and the report of the Select Committee are placed before the House for its consideration. At this
stage, amendments can be moved, but no member will be allowed to move an amendment which seeks to
defeat the main purpose of the bill. The bill is discussed and put to vote clause by clause. With the completion of
this process the second reading of the bill is over.
• Third Reading: At the stage of third reading amendments are not allowed, but the members are allowed to
discuss the general character of the bill. The bill, as a whole, is put to vote. If the bill is passed by a majority, it is
signed by the presiding officer (the Speaker or the Chairman) and it is then sent to the other House in which the
bill has to pass through three identical stages.
• If the bill is cleared in all three stages by the other House, it is sent to the President for his assent. If the other
House does not agree to the bill, already passed by one House, it is free to make suggestions or propose
amendments.
• But, if the amendments or changes suggested are not acceptable to the House which had passed the bill, the two
Houses meet jointly to take a decision on the bill. In the joint sitting of both Houses, decision is taken on the
basis of majority vote.
• When the bill is sent to the President for his assent, he can do one of the following two things. He may give
assent to the bill; he may also return the bill to the originating House for reconsideration. If the bill is again
passed by both Houses of the Parliament with or without amendments, the President is bound to give his assent
to the bill. Thus, lawmaking in the Parliament is a long and complicated process.
Practice Questions
Q17. Which of the following best describes an Ordinance as?
a) Legislative power of the Legislature
b) Executive Power of the Legislature
c) Executive Power of the Executive
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d) Legisla
ative Powerr of the Executive
Q18.
Q Which
h of the follo
owing state
ements with
h respect to an Ordinan
nce is correct?
1. Ordinaance may be promulg
gated onlyy by the Prresident wh
hen both th
he Houses is not in Session at his sole
discretion
2. Ordina
ance canno
ot be forced
d to be prom
mulgated byy the Prime Minister an
nd his Coun
ncil of Minissters
3. An orddinance shaall be laid before
b both
h Houses off Parliamen
nt and shall cease to operate
o at tthe expiratio
on of six
weekss from the reassembly of Parliame ent
a)) 1 onlyy
b) 1 and 3 only
c)) 2 and 3 only
d) 1, 2 an
nd 3
Q19.
Q Which
h of the follo
owing state
ements with
h respect to Business Advisory
A Com
mmittee is//are incorrect?
1. There are two Business Advisory Comm
mittees in th
he Parliamen
nt of India, one each fo
or Lok Sabh
ha and Rajya
a Sabha.
2. Finance Ministerr is the ex-o
officio Chairman of Bussiness Advissory Commiittee
3. Busine ess Advisoryy Committe
ee recommends the time that should be allo
ocated for the discusssion of Govvernment
Bills and other Bills
Choosse the corre
ect code
a)) 1 onlyy
b) 2 onlyy
c)) None of the Abovve
d) 3 onlyy
Q20.
Q Which
h of the follo
owing cann
not be descrribed as Mo
oney Bill?
1. A bill for
f providin
ng reservation to mino
orities
2. f regulation of borro
A bill for owing by the governme
ent
3. A bill for
f impositiion, abolitio on, alteration or regulation of any tax
on, remissio
4. A bill for
f approprriation of moneys
m out of
o the Conssolidated Fu
und of India
a
5. A bill for
f alteratio
on of bound
dary of state
es
a)) 1, 2 an
nd 4
b) 2, and
d3
c)) 1, 3 an
nd 5
d) 1 and 5
Q21.
Q Which
h of the follo
owing is/are
e correct ab
bout Moneyy Bill?
1. Moneyy Bill shall n
not be intro
oduced in th
he Rajya Sab
bha.
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2. Rajya Sabha can amend such Money Bill and also recommend changes therein.
3. Money Bill can only be introduced in the Lok Sabha on the recommendation of the President.
a) 1 and 2
b) 1 and 3
c) 1, 2 and 3
d) None of the above
Q23. Which of the following Constitutional amendments, also require to be ratified by the Legislatures of not less than
one-half of the States by resolution to that effect passed by those Legislatures before the Bill making provision
for such amendment is presented to the President for assent?
1. Election of President,
2. Union Judiciary under the Union
3. Manner of election of President
4. Any of the Lists in the Seventh Schedule
a) 1 and 3 Only
b) 1 and 4 Only
c) 1, 3 and 4 Only
d) All of the above
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and Highways
H ha
as tabled th
he Motor Vehicles
V (Am
mendment) Bill, 2016 to
t make suiitable changes in the previous
Motorr Vehicles A
Act, 1988.
What
W is the current
c context?
• The Motor
M Vehicles (Amenddment) Bill 2016,
2 was tabled in the
e Lok Sabha to amend
d the Motorr Vehicles Act,
A 1988
because India haas got dubio
ous distincttion of having highestt number of
o road accidents in the world. He
ence the
focus is now on m
making a ne
ew law to adddress this problem.
Practice Que
estions
Q24.
Q Which
h of the follo
owing is tru
ue with rega
ards to Brassilia Declara
ation?
a)) It is a declaration about air pollution
p
b) It is a declaration about glob
bal warming
g in the Arcctic
c)) It is a declaration about road
d accidents
d) It is a declaration about marrine oil spillss
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Q25. The Committee stage and the Report stage form a part of the
a) First Reading of the Bill.
b) Second Reading of the Bill.
c) Third Reading of the Bill.
d) Joint sitting for the Bill
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• Does the
t Bill viola
ate Article 14?
1
a)) Article
e 14 of the Indian Con nstitution prrovides every ‘person’ equality be
efore the law and equa on of the
al protectio
laws. However,
H asonable classification but there has
it permits rea h to be a nexus betw assifications sought
ween the cla
and obbjectives too be achieveed.
b) The Citizenship ((Amendmen nt) Bill, 201
16 makes illegal migra
ants eligible
e for citizenship on th
he basis off religion
which can be cha allenged on
n grounds of o equality and
a discrimination which is a basiic structure of the Con
nstitution
in a Co
ourt of law.
Practice Que
estions
Q26.
Q As perr the Citizenship (Ameendment) Bill, 2016, ille
egal migran
nts from three countrie
es are allow
wed the cou
urtesy to
get Ind
dian citizen
nship. Which
h of the following is no
ot one of th
hem?
a)) Sri Lan
nka
b) Afghanistan
c)) Bangla
adesh
d) Pakistan
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Concepts: Po
oints to focu
us
• he first time, a proposed legislation acknow
For th wledges thhe fact thatt the gend
der assigned
d at birth may not
necess
ssarily match
h the perso
on’s own sen
nse of the gender
g theyy belong to.
• The Biill allows a transgende
er person too identify himself/
h herrself as ‘man’, ‘woman’ or ‘transgender’, whiile doing
away with
w the no omenclaturee ‘Other’ tha
at is currenttly in use.
• The teerm ‘transg gender’ refe ers to all those
t who differ in behaviour
b a
and appearance from m the usuall gender
stereo
otypes. It inccludes transssexuals, tra
ansvestites (cross-dressers), interssexed individuals and g
gender quee
ers.
• In the ntext, it also includes social iden
e Indian con ntities such as hijras, kinnars,
k aravvanis, jogta
as, Shiv-sha
aktis and
aradhiis.
• In a la
andmark ru uling in 201
14, the Supreme Courtt recognise ed transgennder as a th
hird genderr; in June 2015,
2 the
court clarified the
e term doess not cover gay, lesbian
n and bisexxual personss.
• Prohib nst discrimination: The
bition again e Bill prohibbits the disccrimination against a transgende er person, including
denial of service or unfair treatment in relation to: (i) education; (ii) emp ployment; (iiii) healthca
are; (iv) acce
ess to, or
enjoymment of go unities available to the
oods, facilitiies, opportu e public; (vv) right to movement;
m (vi) right to
o reside,
rent, own
o or otherwise occu upy properrty; (vii) opp
portunity to
o hold publlic or privatte office; an nd (viii) acccess to a
governnment or private estab blishment inn whose carre or custoddy a transge ender perso on is.
• Certificate of ide
entity for a transgende er person: A transgend der person may make e an applica
ation to the e District
Magisstrate for a certificate of
o identity, indicating the genderr as ‘transgender’. The District M Magistrate will
w issue
such certificate
c based on the e recommendations off a District Screening
S C
Committee. The Comm mittee will comprise:
(i) the
e Chief Me al Welfare Officer; (iii) a psychologist or psychiatrisst; (iv) a
edical Officcer; (ii) Disstrict Socia
repressentative off the transgeender comm munity; and d (v) an officcer of the re
elevant govvernment.
• Offencces and Peenalties: TheT Bill reccognizes th he followingg offences:: (i) beggin ng, forced or bonded d labour
(exclud
ding compu ulsory gove ernment serrvice for pu ublic purposses); (ii) den
nial of use of
o a public place; (iii) denial
d of
residence in houssehold, villa
age, etc.; (iv)) physical, sexual,
s verbal, emotion nal and econnomic abusse.
• Creation of Natio gender persons (NCT)
onal Council for Transg
a)) The NCT
N will con nsist of: (i) Union
U Minisster for Soccial Justice (Chairperso
on); (ii) Minister of Statte for Socia
al Justice
(Vice- Chairperso
on); (iii) Se ecretary of the Ministtry of Social Justice; (iv) one representati
r ive from ministries
m
including Health,, Home Affa airs, Minority Affairs, Housing,
H Hu
uman Resou urces Development, ettc. Other members
m
include representatives of thet NITI Aa
ayog, National Human n Rights Coommission, and Nation nal Commisssion for
Wome en. State g
governmentts will also be represe ented. The Council wiill also conssist of five members from f the
transg
gender community and d five expertts from nonn-governme ental organisations.
b) The Council will advise the central government on
o the form nd monitoring of policcies, legislattion and
mulation an
projeccts with resp
pect to tran
nsgender pe
ersons.
• Finallyy, the Bill a
also states that the re
elevant govvernment will
w take me easures to ensure the e full inclussion and
particiipation of transgende er persons in society. It must also
a take steps
s for th
heir rescue and rehab bilitation,
vocational trainin ng and self-employment, create e schemes that are trransgender sensitive, and promo ote their
particiipation in cu
ultural activvities.
Practice Que
estions
Q28.
Q Which
h of the follo
owing state
ements is/arre correct?
1. The Trransgender Bill allows a transgend
der person to
t identify himself/
h herself as ‘ma
an’, ‘woman’ or ‘transge
ender’.
2. Accord
ding to Sup
preme Courrt third gend
der covers gay,
g lesbian
n and bisexu
ual persons
a)) 1 onlyy
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b) 2 only
c) Both 1 and 2
d) None of the above
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THEM
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THEME 3
JUD
DICIARY
Y
10.
1 ROLE OF EXECUTIVE
E IN JUD
DICIAL AP
PPOINTM
MENTS
#Judiciary
Why
W is this topic importtant for the
e exam?
• Constiitution of In
ndia provides for the appointmen
a nt of judgess including that of disttrict judge ((Article 233), judges
of Hig
gh Court (A Article 216 and 217) and Supreme Court (Article124)). However,, the method and ma anner of
ntments in higher jud
appoin diciary has always gennerated con ntroversy due
d to overrlapping na ature of leg gislature,
executtive and Juddiciary as envisaged
e in ndia. This has
n the Consttitution of In h led to many
m vacanc
ncies in varioous High
Courts
ts across Inddia.
• Amid the contin nuing tussle
e between the government and d the judiciary over the
t contenttious clause
e in the
Memo orandum off Procedure (MoP) on appointmen
a nt of judgess, the numb
ber of vacan
ncies of Hig
gh Court jud
dges has
grownn to 470 out of the sanctioned
s o 1079 and this has led to an increase in backlog of cases
strength of
impaccting speedy
dy trials.
• Judicia
ary is a co
ommon top ons. Importance given
pic for asking questio n by UPSC is reflected in the nature
n of
questiions asked iin previous years, for e.g.
e
Q.
Q The power of the ndia to decide dispute
e Supreme Court of In es between the Centre
e and the S
States falls under
u its
(#Pre--2014)
(a
a) adviso
ory jurisdiction
(b
b) appelllate jurisdiction
(cc) original jurisdictio
on
(d
d) writ ju
urisdiction
Q.
Q ower to increase the number of ju
The po udges in the
e Supreme Court of Ind
dia is vested
d in (#Pre-2
2014)
(a
a) Presid
dent of India
a
(b
b) Parliam
ment
(cc) Chief Justice
J of In
ndia
(d
d) the La
aw Commisssion
Q.
Q The Government of India Acct of 1919 clearly defined (#Pre-20
015)
(a
a) eparation off power between the ju
the se udiciary and
d the legisla
ature
(b
b) the jurisdiction of the centra
al and provincial goverrnments
(cc) the po e Secretary of State forr India and the Viceroyy
owers of the
(d
d) None of the abovve
What
W is the current
c context?
• In a five-bench
f judgment, Supreme Court decclared Natio onal Judicial Appointtment Com mmission (N NJAC) as
uncon
nstitutional w
which was filed
f by Advvocates on Record Asssociation. Su
upreme Court also reje
ected the prayer for
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reference to a larger Bench and for reconsideration of the Second and Third Judges cases. The decision of
Supreme Court hence has revived the Collegium System as of now.
Core: Points to focus
• Issue of Fundamental Rights: Supreme Court of India has interpreted speedy trial and justice as fundamental
right under Article 21 of the Indian Constitution.
• Article 32 of Indian Constitution provides constitutional remedies in case of violation of basic fundamental rights.
Denial of speedy trial can be challenged under this article.
• ReferArticle 32 including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari
• Refer appointment of judges, including that of district judge (Article 233), judges of High Court (Article 216 and
217) and Supreme Court (Article124).
• The Collegium System is one where the CJI and a forum of four senior-most judges of the Supreme Court
recommends appointment and transfer of judges of higher judiciary.
• The collegium system evolved through three different judgments which are collectively known as the Three
Judges Cases.
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• 3rd Judges Case- The rulin ng of Suprreme Courtt in Advoccates on Re ecord casee was furth
her elabora
ated and
articullated by an
nother nine Judge Ben nch In Re: Presidential
P l Reference
e in 1999. Supreme
S ourt on a reference
Co
made by the Pressident undeer Article 14
43 has laid down
d the fo
ollowing prroposition with
w respectt to appointtment of
Supreme Court ju udges.
a)) In maaking his/he
er recommendation, CJI
C shall co
onsult four senior mo ost Judges of Suprem me Court. Thus,
T the
collegium to makke recomme
endation fo
or appointm
ment shall co
onsist of CJII and four senior most judges.
b) The op
pinion of all members of collegium
m with resp
pect to reco
ommendatio
on shall be in writing.
c)) The views of the
e senior-mo
ost Supremme Court Ju udge who hails from the High CourtC from where the
e person
recom
mmended co omes, must be obtaine
ed in writing
g for collegiium’s consid
deration.
d) If majo
ority of the collegium is against th
he appointmment of a particular
p erson, that person shalll not be ap
pe ppointed.
Even if
i two of thhe judges have
h reservaation again
nst appointm
ment of a particular
p Judge, CJI w
would not press
p for
such appointmen
a nt.
e)) A Highh Court Jud dge of outsttanding merit can be appointed
a a Supreme Court Judg
as ge regardlesss of his sta
anding in
the seniority list b
based on ouutstanding merit and such
s shall be recorded.
• Memo
orandum off Procedure (MoP) on appointmen
a nt of judgess
a)) The prroposal for appointme ent of a Judgge of a High Court sha
all be initiatted by the Chief
C Justice
e of the Hig
gh Court.
Howevver, if the C
Chief Minister desires to
t recomme end the namme of any person
p he sh
hould forwa ard the sam
me to the
Chief Justice
J for h
his considerration.
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THEME THREE| JUDICIARY
b) The Governor as advised by the Chief Minister should forward his recommendation along with the entire set of
papers to the Union Minister of Law, Justice and Company Affairs as early as possible but not later than six weeks
from the date of receipt of the proposal from the Chief Justice of the High Court.
c) If the comments are not received within the said time frame, it should be presumed by the Union Minister of
Law, Justice and Company Affairs that the Governor (i.e. Chief Minister) has nothing to add to the proposal and
proceed accordingly.
d) The Union Minister of Law, Justice and Company Affairs would consider the recommendations in the light of such
other reports as may be available to the Government in respect of the names under consideration. The complete
material would then be forwarded to the Chief Justice of India for his advice.
e) The Chief Justice of India would, in consultation with the two senior most Judges of the Supreme Court, form his
opinion in regard to a person to be recommended for appointment to the High Court. The Chief Justice of India
and the collegium of two Judges of the Supreme Court would take into account the views of the Chief Justice of
the High Court and of those Judges of the High Court who have been consulted by the Chief Justice as well as
views of those Judges in the Supreme Court who are conversant with the affairs of that High Court.
f) After their consultations, the Chief Justice of India will in course of 4 weeks send his recommendation to the
Union Minister of Law, Justice and Company Affairs.
g) The Union Minister of Law, Justice and Company Affairs would then put up as early as possible, preferably, within
3 weeks, the recommendation or the Chief Justice of India to the Prime Minister who will advise the President in
the matter of appointment
Practice Questions
Q30. Which of the following statements with regard to Constitution (One Hundred and Twenty-First Amendment) Bill
is correct?
a) It relates to judicial appointments
b) It relates to executive appointments
c) It relates to police reforms
d) It relates to tax reforms
Q32. Which of the following statements with regard to Judges is/are incorrect?
1. The Judge of a Supreme Court is appointed by the Chief Justice of India in consultation with the President
2. The Judge of a High Court is appointed by the Governor of the state in consultation with Chief Justice of the
High Court
a) 1 only
b) 2 only
c) Both 1 and 2
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THEM
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11.
1 CHR
RI REVEA
ALS POOR STATE
E OF JAILLS
#Welffare
Why
W is this topic importtant for the
e exam?
• The addministratioon of prison
ns in India iss reeling un
nder colonia
al hangoverr as prisonss are still ad
dministered through
the arcchaic, The P
Prisons Act, 1894.
• The re prisons are long overd
eforms in p due and there had be
een variouss committee
es in the p
past that su
uggested
broad reforms.
• guishing in jails due to
Lakhs of undertriials are lang o delay in trrial and thus it is violattive of fund
damental rig
ghts and
humann rights.
• uggestions wasgiven by
The prrominent su b Mulla Committee on
n Prison Refforms.
What
W is the current
c context?
• A receent report by the Na ational Crim
me Recordss Bureau (N NCRB) reve
ealed that thet countryy’s 1,401 ja ails hold
4,19,623 prisonerrs against th he capacity of 3,66,781
1 revealing the
t poor sta
ate of priso
ons in India. This revela
ation was
follow
wed by a Sttate-by-Statte analysis of the Prisson Reform m Programm
me (PRP) byy the Commonwealth h Human
Rightss Initiative (C
CHRI). Natio
onal Human n Rights Coommission (NHRC)
( has taken a strrong stand aagainst thiss.
Core:Points to
t focus
• Article
e 21 of theC
Constitution nity for all persons, little appearsto
n requires a life of dign o have chan
nged on the
e ground
as far as prisonerrs are conce
erned.
• Prison
n is a State subject under Entry 4 of List II-S
State List off the Seven onstitution of India.
nth Schedule to the Co
The managemen
m nt and adm omain of the respective state
ministration of Prisons hence fallss exclusivelly in the do
governnments.
• The addministratio
on and mannagement of
o prisons iss governed by The Prissons Act, 18
894 and the
e Prison Ma
anuals of
the respective Sta
ate Governm
ments.
• Sectio
on 436A of tthe Criminal Procedure
e Code, 197
73 (CrPC) dirrects all Sta ase undertriials in prison.
ates to relea
• This se
ection state
es that if an
n under tria
al has been in jail for more
m than half of the maximum punishment for the
crime he is charged with, he e should be released on
n personal bond
b witho
out bail.
• This se
ections keeps aside the
e prisoners who may attract
a erm or capital punishm
life te ment.
• NCRB
a)) The National
N Criime Recordds Bureau (NCRB) is ana Indian governmen
g nt agency responsible
r for collectting and
data as defined by the Indian Pena
analyssing crime d al Code (IPC
C).
b) NCRB is headqua
artered in New
N Delhi an e Affairs (MHA), Government of In
nd is part of the Ministtry of Home ndia.
c)) The cu
urrent Direcctor of NCRB is Radha Krishna Kini A (IPS)
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• NHRC
a) The National Human Rights Commission(NHRC) of India is an autonomous public body constituted in 1993
under the Protection of Human Rights Ordinance. It was given a statutory basis by The Protection of Human
Rights Act, 1993 (TPHRA).
b) The NHRC is the national human rights institution, responsible for the protection and promotion of human
rights, defined by the Act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by
the Constitution or embodied in the International Covenants".
c) The NHRC consists of:
- A Chairperson, retired Chief Justice of India
- One Member who is, or has been, a Judge of the Supreme Court of India
- One Member who is, or has been, the Chief Justice of a High Court
- Two Members to be appointed from among persons having knowledge of, or practical experience in,
matters relating to human rights
- In addition, the Chairpersons of four National Commissions of (1.Minorities 2.SC and ST 3.Women) serve as
ex officio members.
- Chairperson: The current chairperson of the NHRC is Ex-CJI, Shri H.L. Dattu.
Concepts:Points to focus
• The Ministry of Home Affairs has recently approved a New Prison Manual 2016, which aims at uniformity in laws,
rules and regulations governing the administration of prisons and the management of prisoners across India.
• The new manual has given special attention on access to free legal services(Article 39A of the Indian
Constitution), the needs of women prisoners, rights of prisoners sentenced to death, modernization and
computerization of prisons, provisions for children of women prisoners, inspection of prisons, etc.
• Guidelines includes Under-trial Review Committee to be set up in each district, earliest release of under trials as
per the provision of law, empanelling competent lawyers for the under trials, improvement in the living
conditions of jails specially for women, Management Information System (MIS) to be in place in all jails and
annual review of the implementation of the Model Prison Manual 2016.
Practice Questions
Q33. The access to free legal service has been enshrined in
a) Article 38
b) Article 38A
c) Article 39A
d) Article 39(d)
Q34. Which of the following Acts constitutes the National Human Rights Commission of India (NHRC)?
a) National Human Rights Commission of India Act, 1993
b) Indian Human Rights Act, 1995
c) Indian Civil Rights Act, 1968
d) The Protection of Human Rights Act, 1993
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Q35.
Q Who shall
s appoin
nt the Chairrperson and
d Members of Nationall Human Rig
ghts Comm
mission (NHR
RC) in India?
a)) The Prrime Minister
b) The Prresident
c)) hief Justice of India
The Ch
d) The Sp
peaker of Lo
ok Sabha
Q36.
Q Which
h of the follo
owing shall be deemed
d members of Nationa
al Human Riights Comm
mission (NHRC)?
I. The chairperson
c of the Natiional Comm
mission for Minorities
M
II. The chairperson
c of Nationa
al Commission for the Scheduled
S C
Castes
IIII. The chairperson
c of Nationa
al Commission for the Scheduled
S T
Tribes
IV
V. The chairperson
c n of Nationa
al Commissiion for Wom
men
a)) I, II and III
b) II, III and IV
c)) I, III an
nd IV
d) I, II, III and IV
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THEME FOUR| CENTRE-STATE RELATIONS
THEME 4
CENTRE-STATE RELATIONS
Q. Which of the following are associated with ‘Planning’ in India? (#Pre 2014)
1. The Finance Commission
2. The National Development Council
3. The Union Ministry of Rural Development
4. The Union Ministry of Urban Development
5. The Parliament
Select the correct answer using the code given below.
(a) 1, 2 and 5 only
(b) 1, 3 and 4 only
(c) 2 and 5 only
(d) 1, 2, 3, 4 and 5
Q. The Government of India has established NITI Aayog to replace the (#Pre 2015)
(a) Human Rights Commission
(b) Finance Commission
(c) Law Commission
(d) Planning Commission
Q The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a
resolution to that effect is passed by the (#Pre 2016)
(a) Lok Sabha by a simple majority of its total membership
(b) Lok Sabha by a majority of not less than two-thirds of its total membership
(c) Rajya Sabha by a simple majority of its total membership
(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting
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THE
EME FOU
UR| CENT
TRE-STAT
TE RELA
ATIONS
Q.
Q Thoug gh the federal principle
e is dominaant in our Constitution
C n and that principle
p is one
o of its b
basic featurees, but it
is equ
ually true thhat federalism under the
t Indian Constitutio
C n leans in favour
f of a strong Ceentre, a featture that
militattes against the concep
pt of strong federalism.. Discuss. (#
#Main 2014))
Q.
Q The concept
c of cooperativve federalism has be
een increassingly emp
phasized in
n recent yeears. Highlight the
drawbbacks in th he existing structure and the extent to which coo ederalism would ansswer the
operative fe
shortccomings. (#Main 2015))
Q.
Q What is the basis of region
nalism? Is itt that uneq
qual distribu enefits of developmen
ution of be nt on region
nal basis
eventu
ually promo
otes regiona
alism? Subsstantiate your answer. (#Main 201 16)
Q.
Q Co-op
perative federalism: Myyth or Realitty. (#Main 2016)
2
What
W is the current
c context?
• eparation of State of Telangana
The se T frrom Andhra
a Pradesh has
h led to th
he demand
d of Special Category Status
S by
Andhrra Pradesh.
• The demand
d forr special sttatus for Andhra
A Prad
desh has le
ed to State otests and heated debates in
e-wide pro
Parliam
ment. The C
Centre has yet
y not acce epted the demand for a special status.
Core and Co
oncepts:Poin
nts to focuss
• Financcial Governa
ance:Financce Commisssion
a)) Underr Article 280
0 of the Ind
dian Constittution, the President
P b order ma
by ay constitute a Finance
e Commissio
on every
five ye
ears, or eaarlier which shall comprise of a Chairman and four other
o members to be e appointed
d by the
President.
b) It cam 51. The chaiirperson of first finance
me into existtence in 195 e commissio
on was K.C.. Neogy
c)) Its primary job iss to recomm mend meassures and methods
m on
n how reven nues need to
t be distributed betwween the
Centree and statess. Besides suggesting
s the
t mechan nism to sha
are tax revenues, the Commission
C also lays down
d the
princip o states and other local bodies.
ples for giviing out grant-in-aid to
d) The Prresident sha
all cause evvery recomm
mendation made
m by th
he Finance Commission
C n to be laid before eacch House
of Parliament toggether with an explanatory memorandum as to the actio
on taken the
ereon.
• Specia
al Category Status (SCS
S)
a)) The co
oncept of a SCS was first
f introdu
uced in 19669 after thee recommen ndations off the 5th Finance Com
mmission.
The Co
onstitution does not in
nclude any special
s provvision for a Special Cattegory Statu
us (SCS) Sta
ate.
b) Howevver, certain
n states were historica
ally disadvantaged in contrast to ue its physical terrain and low
o others du
productivity and revenue oppportunity hence
h S States have been granted in the past
Central plan asssistance to SCS
by the
e erstwhile N
National De
evelopmentt Council (NNDC).
c)) The NDC
N granted this statu
us based ono a numbe er of featurres of the States whicch included d: hilly and difficult
terrain
n, low population denssity or the presence
p of sizeable tribal populattion, strateg
gic location along interrnational
borders, economic and infra astructural backwardne
b ess and non n-viable natuure of Statee finances.
d) Initially, three states namely Assam, Na
agaland and
d Jammu & Kashmir weere granted atus. This status was
d special sta
extend ded to eigh a Arunach
ht more states which are hal Pradesh
h, Himachall Pradesh, Manipur,
M M
Meghalaya, Mizoram,
M
Sikkim
m, Tripura an
nd Uttarakh
hand.
e)) Recently, Fourteeenth Finance Commisssion headed by Dr. Y.V. Reddyy has abolished the concept off special
catego
ory status as it has incrreased state
es’ share of central taxe
es from 32%
% to 42%.
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THEME FOUR| CENTRE-STATE RELATIONS
Practice Questions
Q37. Which of the following statements is/are correct?
1. The President shall at the expiration of every fifth year or at such earlier time by order, constitute a Finance
Commission which shall consist of a Chairman and four other members to be appointed by the President.
2. The provisions for Finance Commission is given under Article 262 of the Indian Constitution.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above
Q38. Which of the following best describe the efforts of Finance Commission?
1. To recommend distribution of the net proceeds of taxes between Union and the States
2. To recommend principles which should govern the grantsin-aid of the revenues of the States out of the
Consolidated Fund of India
3. To recommend measures needed to augment the Consolidated Fund of a State to supplement the resources of
Panchayats and Municipalities in the State
4. To recommend financing of Disaster Management with reference to the National Calamity Contingency Fund
and the Calamity Relief Fund and the funds envisaged in the Disaster Management Act, 2005
a) 1,2 and 4
b) 1,2 and 3
c) 1, 3 and 4
d) 1, 2, 3 and 4
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THEME FIVE|
F GO
OVT. POL
LICIES AN
ND DEVE
ELOPMEN
NT PROC
CESSES
THEME 5
GOV
VT. POLLICIES AND
A DE
EVELOP
PMENT PROCE
ESSES
13.
1 SING
GUR LAN
ND ISSUE
E
#Government d
developme
ent policiess
Why
W is this topic importtant for the
e exam?
• Land acquisition
a in India is a burning issue and hass often led to conflicts.
• India is
i a fast-gro
owing econo
omy and th o pressure on the dive
here is lots of ersion of lan
nd for indusstrial purpo
oses.
• This brings
b into p
picture the issue of jusst and wilful land acqu
uisition alon
ng with payyment of de
ecent compensation
and re
ehabilitation
n of displaced commun nities.
• n by UPSC is reflected in the naturre of questions asked in
Imporrtance given i previous years, for e
e.g.
Q.
Q The right to fair compensattion and tra
ansparency land acquisition, reha
abilitation and
a resettlement act, 2013
2 has
come into effectt from 1 January 2014 4. What implication would
w it havve on indusstrialization
n and agriculture in
India? (#Main - 2
2013)
What
W is the current
c context?
• The Suupreme Court in a majjor ruling directed
d the
e West Beng
gal Governmment to retturn to the owners all the land
acquirred by the West Bengal Industria al Developmment Corpo
oration for TATA
T Nano o project in the garb of
o public
purpo
ose at Singur in Hooghly district.
• The Supreme Co ourt held th
hat under the
t Land Accquisition (1894)
( Act, the Collecttor in exerccising quasi-judicial
powerrs did not aw
ward just and reasonable compennsation to the landown ners/cultivators.
Core:Points to
t focus
• es of State Policy
Directive Principle
a)) Principples of Policy:Article 39 says thatt while framming policiees, state wo
ould strive to
t provide a
adequate means
m of
liveliho
ood, resourrce distributtion, safety of citizens and healthyy developmment of child
dren.
b) Article
e 46 says that the Staate shall prromote with h special care the educational and
a econom
mic interestts of the
weake er sections of the people, and, in
n particular,, of the Sch
heduled Castes and th
he Schedule
ed Tribes, and
a shall
protecct them from
m social inju
ustice and all
a forms of exploitatioon.
• The La
and Acquisition Act, 18
894
a)) It is a British era law that govverned the process of land acquissition in Ind
dia until 201
13. It allowe
ed the acquisition of
land fo or some ‘pu ublic purpo
ose’ by a go
overnment agency
a from
m individua al landowne ers after payying a goveernment-
determ mined comp pensation to cover lossses incurred
d by landowwners from surrenderin ng their landd to the ageency.
b) The British had never defin ned the woords "publicc purpose" in a straig
ghtforward manner, w
which meantt that in
theoryy as well ass in practicce, a government could acquire land for an ny purposee they wantted, and te
erm their
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THEME FIVE| GOVT. POLICIES AND DEVELOPMENT PROCESSES
purpose "public purpose".Now a new Act, The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, replaced this law.
• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR)
Act, 2013 (also Land Acquisition Act, 2013).
• It is an Act that regulates land acquisition and lays down the procedure and rules for granting compensation,
rehabilitation and resettlement to the affected persons in India.
a. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to
the process of acquisition of land to set up factories or buildings, infrastructural projects and assures
rehabilitation of those affected.
b. The Act establishes regulations for land acquisition as a part of India's massive industrialisation drive driven by
public-private partnership.
c. The Act sets out the categories of projects that would fall under public purpose, and allows acquisition for private
companies’ subject to provisions related to consent, compensation and rehabilitation.
• Property rights
Right to property was a fundamental right under Article 19(1)(f) which guaranteed to Indian citizens a right to
acquire, hold and dispose of property. Article 19(5) however permitted the state to impose by law reasonable
restrictions on this right in the interests of the general public or for the protection of the interests of any
Scheduled Tribe.
Article 19(1)(f) and some provisions of Article 19(5) has been repealed by the Constitution (Forty-fourth
Amendment) Act, 1979. Instead by the very same amendment, Article 300A was introduced in the Constitution.
As per Article 300A, no person shall be deprived of his property save by authority of law. Hence, after the
Constitution Forty-fourth Amendment, Right to Property ceased to be a fundamental right but still continues as a
constitutional right.
The major difference between a fundamental right and a constitutional right is that in cases of violation of
fundamental rights one can directly approach the Supreme Court by filing a writ under Article 32 of the
constitution, and this right to approach the Supreme Court for violation of fundamental rights is a fundamental
right in itself, in the form of Article 32 of the constitution. This right to directly move Supreme Court for violation
of your rights is not available for constitutional rights.
Practice Questions
Q40. Which of the following amendments removed Right to Property as Fundamental Right?
a) 42nd Amendment
b) 44th Amendment
c) 51st Amendment
d) 57th Amendment
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b) 2 onlyy
c)) Both 1 and 2
d) None of the abovve
14.
1 COM
MPETITIV
VE BIDDIING THR
ROUGH SWISS
S C
CHALLEN
NGE MET
THOD
#Government d
developme
ent policiess
Why
W is this topic importtant for the
e exam?
• Requirrement of ffaster and quality
q infra
astructure developmen
d nt is becom
ming more and
a more im
mportant to
o sustain
and im
mprove grow wth and hoolistic develo
opment in the
t countryy.
• This re
equires targ
geted feasib
bility studiess, and faster approvalss, thus impa
acting ‘Ease of doing business’ ran
nking.
• b visible across the country rather than skew
This approach should also be wed in few states
s owth areas only. So,
or gro
this re etter method for projecct developm
equires a be ment.
What
W is the current
c context?
• The Centre
C planns to introoduce com mpetitive bidding
b am
mong states for infra astructure projects, hospitals,
h
educational instittutions and for hosting
g national events on th
he basis of Swiss
S Challe
enge Methood.
• Depen
nding on th he issue, sta
ates would haveh to com
mpete overr ease of pro oviding land, extent off fiscal conccessions,
conne
ectivity, provvision of utiilities, speed
dy statutoryy clearancess, and quan
ntum of emp ployment too be genera ated.
Core and Co
oncepts: Points to focuss
• Swiss Challenge M
Method
a)) method is a new proce
Swiss challenge m ess of award
ding contraccts to the most
m compe
etent bidderr for projectts.
b) Any pe
erson with credentials can submitt a developm
ment propo
osal to the governmen
g t.
c)) That proposal
p will be made
e online an ersons/partiies can give suggestio
nd other pe ons to improve and beat
b that
propo
osal.
d) If a thiird party’s b
bid is more efficient, th der will be asked to resubmit a fresh bid.
he first bidd
e)) If the first bidde
er comes up p with a be osal, it getss the projecct, and if itt fails, the one with the more
etter propo
efficient bid wins the projectt.
• Swiss Challenge m
method nott approved by a government com
mmittee
a)) The Dr.
D V. Kelkaar Committtee on Revvisiting &Re
evitalising the
t PPP model of Inffrastructure
e Developm
ment has
suggeested in on
ne of its recommend
r dations that unsoliciteed Proposa
als (“Swiss Challenge””) may be actively
discou
uraged.
b) Because proposaals through Swiss Challenge Method has the potential to bring infoormation assymmetries into the
procurement proocess and may
m result in ansparency and fair an
n lack of tra eatment of potential bidders in
nd equal tre
the prrocurement process. However, the
e governme ent has yet not
n accepteed the said report.
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Practice Questions
Q42. The Swiss Challenge Method is related to
a) Awarding of development contracts
b) Global warming
c) Disaster Management
d) Financial Management
Core:Points to focus
• Issue of Fundamental Rights: Supreme Court of India has recognised the fundamental right to water as integral
to the right to life and has further specified variously the corresponding duties of the state protected under Right
to Life guaranteed under Article 21 of the Indian Constitution.
• Article 15 of Indian Constitution has been taken care of as there is no discrimination envisaged by the
government on the right to safe drinking water.
• Directive to State: In addition to Article 21, Article 39 (b) of the Directive Principles of State Policy recognizes the
principle of equal access to the material resources of the community.
• Article 39 (b) mandates that ‘the State shall, in particular, direct its policy towards securing that the ownership
and control of the material resources of the community is so distributed as best to subserve the common good.
45
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Concepts:Po
oints to focu
us
• Nationnal Water Policy: Na ational Watter Policy is formulated by the e Ministry of Water Resourcess of the
Goverrnment of In anning and developme
ndia to govvern the pla ent of waterr resources and their o
optimum uttilization.
The firrst National Water Pollicy was adoopted in Se
eptember, 1987.
1 It wass reviewed and
a update ed in 2002 and
a later
in 201
12. The salie
ent features of the NWP 2012 are:
a)) Empha asis on the need for a national water
w framew
work law, comprehenssive legislation for optiimum deve
elopment
of inte
er-State rive
ers and river valleys, am
mendment of
o Irrigation
n Acts, etc.
b) Waterr, after mee
eting the pre-emptive
p e needs forr safe drinkking water and sanita ation, achieeving food security,
suppo
orting poor people dependent on n agriculturre for their livelihood and
a high priority alloccation for minimum
m
eco-syystem needs, be treate
ed as econo
omic good so
s as to pro omote its coonservation and efficiennt use.
c)) Ecologgical needs of the riverr should be determined by recogn nizing that river flows are charactterized by lo
ow or no
flows, small flood
ds, large flo
oods and floow variability and should accomm modate devvelopment needs. A po ortion of
river flows
f should be kept aside to meet
m ecologgical needs ensuring that
t the prroportional low and high flow
releasees correspo
ond in time closely to the
t natural flow
f regime
e.
d) Adapttation strate
egies in vieew of clima anagement of water resources sttructures
ate change for designiing and ma
and re
eview of accceptability criteria
c has been emphhasized.
e)) A system to evolvve benchma arks for watter uses forr different purposes,
p i.e
e., water foo
otprints, and
d water audditing be
develo
oped to enssure efficien
nt use of wa
ater. Project financing has been suggested as a a tool to incentivize efficient
& economic use of water.
f) Setting
g up of Water Regulattory Authorrity has been recomme
ended. Incen
ntivisation of
o recycle a
and re-use has
h been
recommmended.
g) Waterr Users Associations should be given
g statuttory powers to collectt and retain n of water charges,
n a portion
manag ge the volumetric quuantum of water allotted to the em and maintain
m the on system in their
e distributio
jurisdiction.
h)) Removval of larg
ge disparityy in stipula
ations for water supply in urban areas and
a in rural areas has been
recom
mmended.
i) Waterr resources projects an e managed with comm
nd servicess should be munity partticipation. WWherever the State
Goverrnments or local governing bodie es so decid
de, the private sector can be enccouraged to o become a service
providder in publiic private partnership
p model to meet agree ed terms off service de
elivery, including pena
alties for
failure
e.
j) Adequuate grantss to the Sta
ates to upddate technoology, design practicees, planningg and man nagement practices,
p
preparation of an
nnual waterr balances and
a accountts for the siite and basiin, preparattion of hydrrologic bala
ances for
water systems, an
nd benchma arking and performancce evaluatio
on.
• Justice bia committee: The Ministry of Water
e T. S. Doab W Resou ommittee under the
urces also constituted another Co
Chairmmanship of Justice T. S.
S Doabia to o study thee activities that
t are req
quired for optimum
o de
evelopmentt of river
basin and change es required in the existting River Board Act, 19956 for achievement ofo the same..
• Dr.Mih
hir Shah Co
ommittee:Thhis committtee was con
nstituted to he provisions of the draft National Water
o examine th
Frame
ework Law a and draft River
R Basin Manageme ent Bill and suggest ch
hanges/ moodifications therein takking into
46
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account the emerging challenges in the water sector, reuse of waste water after treatment, the likely impact of
climate change on water resources, importance of river restoration/rejuvenation, water contamination issues etc.
• National Water Framework Bill is a right based legislation where every person will have a right to sufficient
quantity of safe water for life within easy reach of the household regardless of caste, creed, religion, community,
class, gender, age, disability, economic status, land ownership and place of residence.
Practice Questions
Q43. Which of the following articles of the Indian Constitution prohibits discrimination on the use of wells, tanks,
bathing ghats?
a) Article 15
b) Article 16
c) Article 17
d) Article 18
Q44. Which of the following articles of the Indian Constitution directs the state that the ownership and control of the
material resources of the community are so distributed to serve the common good?
a) Article 39A
b) Article 39(b)
c) Article 40
d) Article 44
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CESSES
• Imporrtance given
n by UPSC is reflected in the naturre of questions asked in
i previous years, for e
e.g.
Q.
Q Presen
nt an accouunt of the In
ndus Waterr Treaty and d examine its mic and political implica
i ecologiccal, econom ations in
the co
ontext of changing bila
ateral relatio
ons. (#Main-2016)
Q.
Q Waterr disputes b
between stattes in Federral India. (#Main-2016))
What
W is the current
c context?
• The Suupreme Co ourt has dire
ected the Centre
C to co
onstitute a Cauvery Managemen
M t Board and by this itt created
space for the watter-sharing dispute to be handledd in a scienttific and ressponsible manner
m by a legally con
nstituted
techniical body.
• oard, assisted by a reg
The bo gulation com
mmittee, is the mecha
anism prescribed by th
he Tribunal in its final order
o for
implem
menting its award.
• It will be a techhnical bodyy consisting g of irrigattion engine eers and agronomists
a s, and will have inde ependent
memb bers as welll as represe
entatives off the basin States. It can formulate the man
nner in whicch water sh
hould be
sharedd in a seaso
on of distresss.
Concepts: Po
oints to focu
us
• The major
m conflicct over sharring river water is betw
ween Tamil Nadu and Karnataka and
a it goes back to Brritish era,
when the erstwh hile Madrass Presidenccy and the then Myso Karnataka) signed an agreementt on the
ore state (K
48
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sharing of the river's waters in 1924. The agreement was to be valid for 50 years and then it would be subject to
a review.
• However, after Independence, both states expressed their objections to the British-era agreement and the issue
was taken up over several rounds of talks.
• The Cauvery issue blew up because of the increase in demand for its water. The rise in demand was primarily due
to three reasons.
a) First, the expansion of cities such as Bengaluru and Mysuru.
b) Second, the drying up of other water sources, including groundwater, in these regions due to excessive
exploitation and contamination.
c) Third, the growth of water-intensive but not necessarily water-efficient crops over the years. The Cauvery
Tribunal has in its report advised against the cultivation of water-intensive crops, especially in rainfall-deficit
years.
• Water sharing disputes across the country (and even beyond) are only going to escalate with increasing demand
and increasing pollution and losses reducing the available water. Climate change is likely to worsen the situation
as monsoon patterns change, water demand goes up with the increase in temperatures, glaciers melt and sea
levels rise.
• The ongoing Cauvery water dispute has once again put the focus on inter-State river water-sharing disputes in
India. Some of the water disputes that are ongoing now include
a) the Mahadayi water dispute among Goa, Karnataka and Maharashtra;
b) the Vansadhara water dispute between Odisha and Andhra Pradesh;
c) the Krishna water dispute involving Maharashtra, Karnataka, Telangana and Andhra Pradesh; the Cauvery water
dispute; and
d) the Ravi Beas dispute involving Punjab, Haryana, Rajasthan and Himachal Pradesh.
Practice Questions
Q46. The famous Cauvery water dispute involves which of the following two states?
a) Karnataka and Maharashtra
b) Karnataka and Kerala
c) Kerala and Tamil Nadu
d) Karnataka and Tamil Nadu
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Q48.
Q Which
h of the follo
owing is no
ot a tributaryy of River Cauvery?
C
1. Shimsha
2. Hemavati
3. Lakshm
mana Tirtha
a
4. Kabinii River
a)) 1 onlyy
b) 2 onlyy
c)) 3 and 4 only
d) None of the Abovve
Q49.
Q Which
h of the follo
owing dams are built across
a Riverr Cauvery?
1. Amara
avathi dam
2. Kaban
ni dam
3. narajasagar dam
Krishn
4. Mettur dam
a)) 1 and 3
b) 2 and 4
c)) 1 and 4
d) 1, 2, 3 and 4
17.
1 SUPREME CO
OURT VIIEW ON SUTLEJ YAMUN
NA CANA
AL (SYL)
#Government p
policies and
d interventtions for development
Why
W is this topic importtant for the
e exam?
• The co
onstruction of Sutlej Ya
amuna link canal is a bone
b of contention bettween Punja
ab and Haryyana.
• It beca
ame more p pressing du
ue to two co
onsecutive years
y of poor monsoon and thus it led to inccreased dem
mand on
the waater sharing
g.
• Waterr sharing d
disputes aree becoming g more prressing in India
I because of irre
egular mon
nsoons, poo
or water
managgement leadding to watter scarcity.
What
W is the current
c context?
• Five Ju
udge Consttitutional Be
ench of Sup
preme Courtt ruled thatt Punjab had
d no right to
t unilaterally terminatte water-
sharing agreeme ents with neighbouring states an
nd declared d “Punjab Termination
T n of Agreemment Act, 2004”
2 as
unconnstitutional.
• The matter
m was ra
aised as a Presidential
P Reference under Articcle 143 of th
he Indian Co
onstitution.
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Core:Points to focus
• Sutlej Yamuna Link
a) The Sutlej Yamuna Link Canal (SYL) is a proposed 214-kilometer-long canal to connect river Sutlej and Yamuna
along the states of Punjab and Haryana.
b) Sutlej river originates near Lake Rakshastal in Tibet then enters India at Shipki La pass in Himachal Pradesh and
flows south west through Punjab before entering Pakistan.
c) Whereas river Yamuna originates from Yamunotri glacier of lower Himalayas in Uttrakhand. It initially flows south
and then take left turn towards south east before meeting river Ganga at Allahabad.
Concepts:Points to focus
• The entire issue erupted with the partition of India in 1947 which also resulted in partition of Punjab by the
recommendation of Radcliffe Commission. The issue of separation of riparian and non-riparian states came to
the core as major rivers flowed to the then created Pakistan.
• The dispute between Indian and Pakistan was settled through the Indus Water Treaty, 1960. However, the
disputes between the Indian states still remained.
• In January 1955, the states of Punjab, PEPSU- (State of Punjab, Patiala and East Punjab States Union), Rajasthan
and Jammu & Kashmir came to an agreement regarding the distribution of water from the rivers Sutlej, Ravi and
Beas.
• The dispute over sharing of river water emerged after re-organisation of states in 1966 when PEPSU was added
to Punjab and a separate state was carved out from Punjab namely Haryana.
Practice Questions
Q50. The Sutlej Yamuna Link Canal (SYL) is a proposed 214-kilometer-long canal to connect river Sutlej and Yamuna
between
a) Punjab and Himachal Pradesh
b) Punjab and Haryana
c) Haryana and Rajasthan
d) Rajasthan and Punjab
Q51. River Sutlej originates near Lake Rakshastal in Tibet then enters India at Shipki La pass in
a) Himachal Pradesh
b) Jammu and Kashmir
c) Uttrakhand
d) Uttar Pradesh
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18.
1 CENSUS DAT
TA ON LITERACY
L Y
#Issue
es relating
g to develo
opment and management of so
ocial sector/services
Why
W is this topic importtant for the
e exam?
• The In
ndian Censuus is the most crediblee source off informatioon on Dem mography, Economic Activity, Literracy and
Education, Houssing & Ho ousehold Amenities,
A U
Urbanisatioon, Fertility and Morttality, Scheeduled Casstes and
Scheduled Tribess, Language
e, Religion, Migration,
M Disability an
nd many otther socio-ccultural and
d demograpphic data
since 1872.
1
What
W is the current
c context?
Fiindings on literacy figu
ures according to Censsus 2011.
• er of Literaccy is(literacy
Descending orde cy rate for those
t abovve 7 years of
o age; thee Census daata has take
ken those
betweeen 0 and 6 years as illiliterate)
Jains (86.73%)
( >C
Christians (74.34%) > Buddhists
B (7
71.83%) > Sikhs
S (67.51
1%) > Hindu
us (63.6%) > Muslims (57.28%)
(
• Descending orde
er of Gradua
ates
Jains (25.65%)
( Christians (8.85%)> Sik
>C khs (6.40%) > Buddhistts (6.18%) > Hindus (5.98%) > Mu
uslims (2.76
6%)
Core:Points to
t focus
• Indian
n census is cconducted every
e ten ye
ears beginn 872 when the first census was con
ning from 18 nducted.
• The firrst complete census wa
as taken in the year 18
881. The Vicceroy was Lo
ord Ripon.
• The Ce
ensus Organisation wa
as set up on
n an ad-hocc basis for each Censuss till the 195
51 Census.
• The Ceensus Act, 1948 was then enacted to provid
de for the scheme of conducting
c population
n census witth duties
and re
esponsibilitiies of censu
us officers.
• The Government
G t of India initiated steps
s for developing
d systematic collection of statistics on the size of
population, its g blished an organisatio
growth, etc.. and estab on in the Ministry
M of Home Affa airs under Registrar
R
Generral and ex-O
Officio Census Commisssioner in May,
M 1949.
• So now
w, the resp
ponsibility of
o conductin
ng the dece
ennial Censuus rests witth the Office of the Re
egistrar Gen
neral and
Censu
us Commissioner, India under Ministry of Hom
me Affairs, Governmen
G nt of India.
• was 18% in 1951. In 20
The litteracy rate w 011, it was 74%.
Concepts: Po
oints to focu
us
• The Ce
ensus 2011 1 was the 15 5th Nationaal Census off the Counttry and is th
he only source of prim
mary data in villages,
towns and at wa ard levels. Itt provides valuable
v infformation for
f planning g and formmulation of various policies for
Centra
al and respeective State
e Governme ents. Data collected
c fro
om the cennsus is also used for D
Delimitation
n process
and fo
or reservatio
on in constituencies for the condu uct of elections for Pan
nchayat, Sta
ate Assembllies and Parrliament.
• Delimitation of CConstituenciies: Under Article
A 82 of
o the Consttitution, the
e Parliamen nt by law en
nacts a Deliimitation
Act aftter every ce
ensus. Afterr coming into force commenceme ent of the Act,
A the Cen ntral Govern
nment consstitutes a
Delimitation Com mmission. This Delim mitation Commission demarcatess the boun ndaries of the Parliaamentary
Constiituencies ass per proviisions of th
he Delimitattion Act. The present delimitatio on of consttituencies has
h been
done on
o the basis of 2001 ce es under the provision
ensus figure ns of Delimittation Act, 2002.
2
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• For The Delimitation Act, 2002, the Constitution (Eighty-fourth Amendment) Act, 2001 and The Constitution
(Eighty-seventh Amendment) Act, 2003 have amended Article 81 (Composition of the House of the People),
Article 82 (Readjustment after each census), Article 170 (Composition of the Legislative Assemblies), Article 330
(Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People) and Article 332
(Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States) of
the Constitution of India.
Practice Questions
Q52. Which of the following statements is/are correct?
1. The first complete census was conducted in the year 1881.
2. The viceroy in 1881 was Lord Lytton.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
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CESSES
d) Neithe
er 1 nor 2
Q54.
Q Which
h of the follo
owing state
ements is/arre correct?
1. Underr Article 82 of the Consstitution, the Parliamen
nt by law en
nacts a Delim
mitation Acct after everry census.
2. The Co
onstitution of India wa
as specifically amended
d in 2002 not
n to have delimitation of constittuencies till the first
censuss after 2026
6.
Choosse the correct code
a)) 1 onlyy
b) 2 onlyy
c)) Both 1 and 2
d) Neithe
er 1 nor 2
19.
1 REGULATION
N OF DO
ONATION
NS BY FO
OREIGN NGOs
# Devvelopmentt process (R
Role of NG
GOs)
Why
W is this topic importtant for the
e exam?
• Donattions by foreign NGOs and compa anies were under the watch
w of Ind
dian agencies and licen
nces of man
ny NGOs
involved in gettin
ng foreign donations
d have
h been cancelled.
• In all, there are many fore eign donorss under the governm ment’s scann
ner right now.
n Additionally, the Foreign
Contriibution Reggulation Actt (FCRA) lice
enses of aro
ound 10,000
0 NGOs havve been can
ncelled.
• The goovernment suspects th
hat foreign funds are being
b used by NGOs for g against government projects
f lobbying
and scchemes.
• n by UPSC is reflected in the naturre of questions asked in
Imporrtance given i previous years, for e
e.g.
Q.
Q Examine criticallyy the recent changess in the ru ules governning foreign funding of NGOs under the Foreign
Contriibution (Reg
gulation) Acct (FCRA), 1976.
1 (#Main - 2015)
What
W is the current
c context?
• The Centre
C has allowed U.S.based NG GO, Compa assion Interrnational, to disburse funds to tten NGOs in India,
month
hs after it w
was put on the governmment’s watcch list after security
s age orted that it was fundin
encies repo ng Indian
NGOs involved inn religious conversions
c s.
Core and Co
oncepts:Poin
nts to focuss
• Foreig
gn Contribution Regula
ation Act, 20
010
a)) FCRA regulates the foreign contributio on (money donation)
d a
and foreign hospitalityy (e.g. free aairplane tickets and
hotel lodging
l durring foreign
n visits) give us NGOs, institutes, jud
en to variou dges, journaalists, publicc servants etc.
e
b) It is also to checck that foreigners are not affectin
ng India’s electoral
e po
olitics, publiic servants, judges, jouurnalists,
NGOs etc. for wro ong purposses. If someone violates the FCRA act, he/shee can be sennt to jail forr up to 5 yea
ars.
• Who can receive e foreign contributio
c n? A perso on or an organisatio
o n having a definite cultural, ecconomic,
educational, relig
gious or soccial program
mme can re eceive foreig
gn contribu
ution after it
i obtains th
he prior pe
ermission
of the Central Goovernment, or gets itself registered
d with the Central
C Govvernment.
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• Who cannot receive foreign contribution? Following category of people cannot receive foreign contribution as
defined in Section 3 of FCRA, 2010
a) a candidate for election
b) correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper
c) Judge, government servant or employee of any Corporation or any other body controlled on owned by the
Government
d) member of any legislature
e) political party or office bearer thereof
f) organization of a political nature as defined by the Act
g) association or company engaged in the production or broadcast of audio news or audio visual news or current
affairs programmes through any electronic mode, or any other electronic form as defined in the Information
Technology Act, 2000 or any other mode of mass communication;
h) correspondent or columnist, cartoonist, editor, owner of the association or company who are prohibited by the
government
i) Individuals or associations who have been prohibited from receiving foreign contribution.
• Contributions made by a citizen of India living in another country (i.e., Non-Resident Indian), from his personal
savings, through the normal banking channels is not treated as foreign contribution. However, while accepting
any donations from such NRI, his passport details must be obtained to ascertain that he/she is an Indian passport
holder.
• Donation from an Indian who has acquired foreign citizenship will be treated as foreign contribution. This will
also apply to PIO / OCI cardholders. However, this will not apply to 'Non-resident Indians', who still hold Indian
citizenship.
Practice Questions
Q55. Who among the following is not debarred from receiving foreign funds under FCRA,2010?
a) A political party
b) A member of any legislature
c) A correspondent of a registered newspaper
d) An NGO
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FOCUS SPECIAL EDITION | RAU’S C3 JOURNAL CSE 2017 | POLITY & GOVERNANCE
THEME FIVE|
F GO
OVT. POL
LICIES AN
ND DEVE
ELOPMEN
NT PROC
CESSES
Q56.
Q Which
h of the follo
owing state
ements is/arre correct?
1. The co
ontributionss made by a citizen of India living
g in another country i.e
e. Non-Resiident Indian
n, from his personal
saving
gs, through the normall banking chhannels willl not be trea
ated as fore
eign contrib
bution.
2. The co
ontributionss made by an
a Indian who
w has acquired foreig
gn citizensh
hip will be trreated as fo
oreign contrribution.
Choosse the corre
ect code
a)) 1 onlyy
b) 2 onlyy
c)) Both 1 and 2
d) None of the abovve
20.
2 PRADHAN M
MANTRI KAUSHA
AL VIKAS
SYOJANA
A (PMKV
VY)
# Welfare schem
mes
Why
W is this topic importtant for the
e exam?
• India is
i a countryy of rich dem
mographic dividend
d bu
ut it is facing
g a huge prroblem of jo
obless grow
wth.
• The skkilled labou
ur force is roughly
r 2% in India aggainst the global
g average of 45%
%. This putss more emp
phasis of
faster and qualityy skill development off our labour force for utilizing ou
ur demograaphic advanntage and to record
balancced econom mic growth impacting all
a the majo or sectors.
• This brings into p
picture a tarrgeted skill developme
ent program
m.
What
W is the current
c context?
• In a bid
b to revita alise the go nitiative of Pradhan Mantri
overnment’’s skilling in M Kausshal VikasYo
ojana (PMK
KVY), the
Centre
e has decid ded to makke changes in the sche eme to imp prove trainiing and ensure betterr placementt for the
benefiiciaries, thus trying to make it more efficient..
Core:Points to
t focus
• Directive Principle
es of State Policy
a)) Article
e 38 directss the state to
t secure a social orde
er with economic, poliitical and so
ocial justice
e for the prromotion
and welfare
w of the people.
b) Article
e 38(2) says that state shall
s strive to
t minimize
e the inequa
alities of inccome, status, facilities, opportunitties etc.
c)) Principples of Policy:Article 39 says thatt while fram
ming policie
es, state wo
ould strive to
t provide a
adequate means
m of
liveliho
ood.
d) Article
e 41 says tthat state shall (withiin its limitss of econo
omic capacity & deve will make effective
elopment) w
provissions for seccuring rightt to work.
56
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FOCUS SPE
ECIAL EDITION | RA
AU’S C3 JO
OURNAL CSE
C 2017 | POLITY & GOVERN
NANCE
THEME FIVE| GOVT. POLICIES AND DEVELOPMENT PROCESSES
b) The PMKVY scheme imparts training based on industry-aligned National Occupational Standards through
training providers and Sector Skill Councils.
c) Candidates are eligible for a monetary reward upon successful completion of their training and also clearing the
assessment by an independent assessment agency appointed by the respective Sector Skill Council.
d) Moreover, the candidates also receive a government recognised certificate which helps them become gainfully
employed. The skill training is compliant with the standards set by the National Skills Qualifications Framework
(NSQF).
e) Besides these, individuals with prior learning experience or skills will also be assessed and certified under
Recognition of Prior Learning (RPL) scheme, which is a subcomponent of the Pradhan Mantri Kaushal
VikasYojana.
f) The RPL scheme, certifies the skills acquired by workers in the unorganised sectors through traditional, non-
formal learning channels. The selling point of the RPL is the certification and monetary reward for those enlisting
for the demand-driven scheme that aims to mobilise the youth to take up skill training and become employable.
Practice Questions
Q57. Which among the following articles mentions about making effective provisions for securing right to work?
a) Article 38
b) Article 39
c) Article 40
d) Article 41
57
FOCUS SPECIAL EDITION | RAU’S C3 JOURNAL CSE 2017 | POLITY & GOVERNANCE
THEM
ME SIX| G
GOVERN
NANCE
THEME 6
GOV
VERNANCE
21.
2 SEVE
ENTH PA
AY COMMISSION
N
#Governance
Why
W is this topic importtant for the
e exam?
• Pay Co
ommissionss are generally appointed after a gap of ten years to ad
djust the salary by revising of payy scale of
govern
nment empployees as per
p inflationn in the econ
nomy.
• It is a form of fina
ancial governance and acts as a morale
m boosster for the governmen
nt employee
es.
• Raise in salary in
ncreases pu
urchasing power
p and thus bene b raising tthe demand in the
efit producttion cycle by
econoomy.
What
W is the current
c context?
• The Union
U Cabinet chaireed by the Prime Minister hass recently approved the imple ementation of the
recom
mmendation
ns of Seventth Central Pay
P Commisssion on payy and pensiionary bene
efits.
• mmission shall come into effect rettrospectively from 1st January
Seventh Pay Com J 201
16.
Concepts: Po
oints to focu
us
• Aykroyyd formula:: The calculation of salary revision
n is done on the basis of Aykroyd d formula w
which is nee
ed based
mum wage concept inccluding calories intake
minim e of an adult individuual. It was recommend ded in 1948 by Dr.
Wallacce Aykroyd,, first director of the De
epartment of Nutrition
n at Food an
nd Agricultuural Organisation (FAO
O).
• Minimmum Pay: Acccording to
o it and as per
p the seve enth pay coommission, the minimu um pay in g governmentt is to be
set at 18,000 perr month at the lowest entry level and for a freshly
f recru he starting salary to
uited Class I officer, th
be Rs. 56,100 perr month.
58
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ECIAL EDITION | RA
AU’S C3 JO
OURNAL CSE
C 2017 | POLITY & GOVERN
NANCE
THEME SIX| GOVERNANCE
• Maximum Pay: The maximum pay has been set at Rs. 2,25,000/- per month for Apex scale and Rs. 2,50,000/- per
month for Cabinet Secretary and others presently at the same pay level.
• Pay Matrix: The present system of pay bands and grade pay will be replaced by a new “Pay Matrix” designed by
the Commission and the hierarchy of seniority of an employee will now be determined by the newly conceived
Pay Matrix.
• Performance related pay: The Commission has recommended introduction of the Performance Related Pay (PRP)
for all categories of Central Government employees based on reformed Annual Performance Appraisal Reports
(APAR).
Practice Questions
Q59. Which of the following statements with regard to Seventh Pay Commission is/are correct?
1. The Seventh pay commission has been appointed under the Ministry of Personnel, Public Grievances and
Pensions to examine, review, evolve and recommend changes with respect to grade pay structure, allowances
and pension for civilian personnel only.
2. The recommendations of the Commission are based on Aykroyd formula, which is need based minimum wage
concept including calories intake of an adult individual.
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above
Q60. Which of the following statements with respect to Pay Commissions is/are correct?
1. The First Pay Commission appointed was appointed in the year 1948.
2. The Seventh Pay Commission was chaired by Justice Ashok Mathur.
3. The present system of pay bands and grade pay will be replaced by a new system called “Pay Matrix” designed
by the Seventh Pay Commission.
Choose the correct code
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) None of the Above
59
FOCUS SPECIAL EDITION | RAU’S C3 JOURNAL CSE 2017 | POLITY & GOVERNANCE
ANS
SWERS
An
nswers
Q1 Q
Q2 Q3
Q Q44 Q5 Q6 Q7 Q8 Q9 Q10
B D A C C D D B C B
Q
Q11 Q
Q12 Q1
13 Q14 Q155 Q16 Q17 Q18 Q19 Q20
B D B D D B D D B D
Q
Q21 Q
Q22 Q2
23 Q24 Q255 Q26 Q27 Q28 Q29 Q30
B C D C B A B A C A
Q
Q31 Q
Q32 Q3
33 Q34 Q355 Q36 Q37 Q38 Q39 Q40
C C C D B D A D A B
Q
Q41 Q
Q42 Q4
43 Q4
44 Q455 Q46 Q47 Q48 Q49 Q50
A A A B C D C D D B
Q
Q51 Q
Q52 Q5
53 Q54 Q555 Q56 Q57 Q58 Q59 Q60
A A B C D C D B B B
60
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FOCUS SPE
ECIAL EDITION | RA
AU’S C3 JO
OURNAL CSE
C 2017 | POLITY & GOVERN
NANCE