Current based PRELIMS QUESTION March 16, 2020

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1. Consider the following statement regarding Lingayats or Virashaivas.
1. Founder of Lingayats was Basavanna who was initially a Jaina.
2. Lingayats believe that on death the devotee will be united with Shiva and will not return to this world.
3. Lingayats also encouraged post-puberty marriage and the remarriage of widows.
4. The Lingayats challenged the idea of caste.
5. Shri Siddhant Shikhamani Granth is a religious text of the Virashaivas.
Which of the above given statements are correct?
(a) 1, 2, 3, 4 and 5
(b) 1, 2 and 5 only
(c) 1, 2, 4 and 5 only
(d) 1, 2, 3 and 4 only

2. Consider the following statements National Security Act (NSA).
1. The maximum period for which one may be detained is 12 months under this act.
2. This empowers only state governments to detain a person to protect national security and disrupting public order or for maintenance of supplies and services of essentials.
3. The arrested person is not entitled to the aid of any legal practitioner in any matter connected with the proceedings before an advisory board, which is constituted by the government for dealing with NSA cases.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

3. Consider the following statements regarding Mukurthi National Park.
1. This park is characterised by montane grasslands and shrublands interspersed with sholas in a high altitude area.
2. This park was created to protect its keystone species, the Nilgiri Tahr.
3. It is part of Nilgiri Biosphere Reserve.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

4. Consider the following statements regarding Particularly Vulnerable Tribal Groups (PVTGs).
1. 75 tribal groups have been categorized by Ministry of Home Affairs PVTGs reside in 18 States and UT of A&N Islands.
2. The Saharia tribe is the largest among the PVTGs with population more than 4 lakhs.
3. The Dhebar Commission created Primitive Tribal Groups (PTGs) as a separate category, who are less developed among the tribal groups.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

5. Consider the following statements regarding the Recusal by Judge.
1. Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
2. The reasons for recusal are disclosed in an order of the court.
3. There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

 

1.Answer-a
Explanation
Lingayats or Virashaivas
The twelfth century witnessed the emergence of a new movement in Karnataka, led by a Brahmana named Basavanna (1106-68) who was initially a Jaina and a minister in the court of a Chalukya king. His followers were known as Virashaivas (heroes of Shiva) or Lingayats (wearers of the linga).
Lingayats continue to be an important `community in the region to date. They worship Shiva in his manifestation as a linga, and men usually wear a small linga in a silver case on a loop strung over the left shoulder. Those who are revered include the jangama or wandering monks.
Lingayats believe that on death the devotee will be united with Shiva and will not return to this world. Therefore they do not practise funerary rites such as cremation, prescribed in the Dharmashastras. Instead, they ceremonially bury their dead.
The Lingayats challenged the idea of caste and the “pollution” attributed to certain groups by Brahmanas.
They also questioned the theory of rebirth. These won them followers amongst those who were marginalised within the Brahmanical social order.
The Lingayats also encouraged certain practices disapproved in the Dharmashastras, such as post-puberty marriage and the remarriage of widows.
Our understanding of the Virashaiva tradition is derived from vachanas (literally, sayings) composed in Kannada by women and men who joined the movement.
Shri Siddhant Shikhamani Granth
Shri Siddhant Shikhamani Granth is a religious text of the Virashaivas. It has propounded authoritatively the Virashaiva doctrines of Astavarana, Pancacara and Satsthala. Hence, Shri Siddhant Shikhamani is an excellent Sastar text of Virasaivism. The special feature of this text lies in the expansion of Satsthala doctrine into a doctrine of 101 Sthalas.
Sri Sivayongi Sivacarya has composed Shri Siddhant Shikhamani on the basis of the teachings of Sivagamas which are known by the common name of “Siddhanata”. Shri Siddhant Shikhamani is the quintessence of the Siddhantagamas.
The Saivagamas, twenty eight in number from Kamikagama to Vatulagama constitute the teaching of Sivadvaita doctrine by svi to his first devotees and to Devi (Parvati).
Among the first devotees who received the teachings of Sivadvaita doctrine from Siva the most important were


Renuka, Daruka, Ghantakarna Dhenukarna and Visvakarana. Among them Sri Renukaganesvara on the direction of Siva, emerged from the Somesvaralinga as inculcated to him by Siva to sage Agastya. Thus “Shri Siddhant Shikhamani” is virtually the gracious gift of Siva which was transmitted by Siva to Sivaganas, by Sivaganas to the sages and by sages to human society.
Shri Siddhant Shikhamani which is in the form of a dialogue between Sri Renuka and Agastya was composed by Sri Sivayogi Sivacarya.

 

2.Answer-c
Explanation
National Security Act (NSA)
NSA, 1980 empowers the Centre or a State government to detain a person to prevent him from acting in any manner prejudicial to national security and disrupting public order or for maintenance of supplies and services essential to the community.
The maximum period for which one may be detained is 12 months. But the term can be extended if the government finds fresh evidence.
Preventive detention in India: A Timeline
Preventive detention laws in India date back to the colonial era when the Bengal Regulation III of 1818 was enacted to empower the government to arrest anyone for defence or maintenance of public order without giving the person recourse to judicial proceedings.
A century later, the British government enacted the Rowlatt Acts of 1919 that allowed confinement of a suspect without trial.
In Post-independence India, the government of Prime Minister Jawaharlal Nehru enacted the Preventive Detention Act of 1950. The NSA is a close iteration of the 1950 Act.
After the Preventive Detention Act expired in 1969, the then Prime Minister, Indira Gandhi, brought in the Maintenance of Internal Security Act (MISA) in 1971.
Though the MISA was repealed in 1977 after the Janata Party came to power, the successive government, led by Mrs. Gandhi, brought in the NSA.
Rights against preventive detention-
In the normal course, if a person is arrested, he or she is guaranteed certain basic rights. These include the right to be informed of the reason for the arrest.
Section 50 of the Criminal Procedure Code (Cr.PC) mandates that the person arrested has to be informed of the grounds of arrest, and the right to bail. Sections 56 and 76 of the Cr.PC also provide that a person has to be produced before a court within 24 hours of arrest.
Additionally, Article 22(1) of the Constitution says an arrested person cannot be denied the right to consult, and to be defended by, a legal practitioner of his choice.
But none of these rights are available to a person detained under the NSA.
A person could not be informed about the reasons for his arrest for up to five days and in exceptional circumstances not later than 10 days.
The arrested person is also not entitled to the aid of any legal practitioner in any matter connected with the proceedings before an advisory board, which is constituted by the government for dealing with NSA cases.
Experts say these cases shows that governments sometimes use it as an extra-judicial power.

 

3.Answer-d
Explanation
Mukurthi National Park
It is a protected area located in the northwest corner of Tamil Nadu in the Western Ghats.
The park was created to protect its keystone species, the Nilgiri Tahr.
The park is characterised by montane grasslands and shrublands interspersed with sholas in a high altitude area of high rainfall, near-freezing temperatures and high winds.
It is also home to an array of endangered wildlife, including royal Bengal tiger and Asian elephant, but its main mammal attraction is the Nilgiri tahr.
The park was previously known as Nilgiri Tahr National Park.
It is part of Nilgiri Biosphere Reserve along with Mudumalai Wildlife Sanctuary, Bandipur National Park, Nagarhole National Park, Wayanad Wildlife Sanctuary and Silent Valley.
Nilgiri Tahr
Recently, Nilgiri tahr’s population has increased from 568 in 2018 to 612 in 2019 in the Mukurthi National Park, Tamil Nadu.
There has been almost 27% increase in the population of the tahr in the Nilgiris over the last three years.
Factors responsible for maintaining an increase in the population of Nilgiri Tahr are:
1. Keeping the national park closed to tourists and free from poaching
2. Fighting the spread of invasive flora.

 Nilgiri Tahr is also known as Nilgiri Ibex.
 It has been listed as “Endangered” by IUCN.
 It has been listed under Schedule 1 of the Wildlife (Protection) Act, 1972 which provides absolute protection and offences under these are prescribed the highest penalties.

 The Adult males of Nilgiri Tahr species develop a light grey area or “saddle” on their backs and are hence called “Saddlebacks”.
 It is the state animal of Tamil Nadu.
 It is found in open montane grassland habitat of rain forests eco-region.
 It is endemic to the Nilgiri Hills and the southern portion of the Western Ghats in Tamil Nadu and Kerala.
Threats:

 Habitat loss (mainly from domestic livestock and spread of invasive plants)
 Poaching,
 Populations of these animals are small and isolated, making them vulnerable to local extinction
 Climate Change

 

4.Answer-d
Explanation-
Particularly Vulnerable Tribal Group (PVTG)
PVTGs are more vulnerable among the tribal groups.
75 tribal groups have been categorized by Ministry of Home Affairs as Particularly Vulnerable Tribal Groups (PVTGs). PVTGs reside in 18 States and UT of A&N Islands.
Among the 75 listed PVTG’s the highest number are found in Odisha (13), followed by Andhra Pradesh (12).
The Ministry of Tribal Affairs implements the Scheme of “Development of Particularly Vulnerable Tribal Groups (PVTGs)” exclusively for them.
The criteria followed for determination of PVTGs are as under:
1. A pre-agriculture level of technology.
2. A stagnant or declining population.
3. Extremely low literacy.
4. A subsistence level of economy.
The Forest Rights Act ensures that the District Level Committee should play a pro-active role in ensuring that all PTGs receive habitat rights in consultation with the concerned PTGs’ traditional institutions of these groups, after filing claims before the GramSabha.
Habitat is defined under the act as, “the area comprising the customary habitat and such other habitats in reserved forests and protected forests of primitive tribal groups and pre-agricultural communities and other forest dwelling Scheduled Tribes.”
In India, tribal population makes up for 8.6% of the total population.
In 1973, the Dhebar Commission created Primitive Tribal Groups (PTGs) as a separate category, who are less developed among the tribal groups. In 2006, the Government of India renamed the PTGs as PVTGs.
In this context, in 1975, the Government of India initiated to identify the most vulnerable tribal groups as a separate category called PVTGs and declared 52 such groups, while in 1993 an additional 23 groups were added to the category, making it a total of 75 PVTGs out of 705 Scheduled Tribes.
https://tribal.nic.in/DivisionsFiles/ListofPVTGs191212.pdf

 

5.Answer-c
Explanation
What is the process of recusal in court?
Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
What are the rules on recusals?
There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts. It is left to the discretion of a judge.
The reasons for recusal are not disclosed in an order of the court. Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not. Some explain the reasons in their order. The decision rests on the conscience of the judge. At times, parties involved raise apprehensions about a possible conflict of interest.
A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.
Should the reasons be put on record?
In his separate opinion in the National Judicial Appointments Commission judgment in 2015, Justice (now retired) Kurian Joseph, who was a member of the Constitution Bench, highlighted the need for judges to give reasons for recusal as a measure to build transparency. “It is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case,” Justice Kurian wrote. One of his companion judges on the Constitution Bench, Justice (retired) Madan B. Lokur, agreed that specific rules require to be framed on recusal.