Current based PRELIMS QUESTION 2 MARCH 2020

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1. Consider the following statements with respect to the Union territory of Delhi.
1. The Lieutenant-Governor of Delhi is not bound by the aid and advice of the Government in Delhi.
2. Delhi is administered under Article 239 AA.
3. Delhi is the only Union territory that has a high court of its own.
Which of the statement(s) given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

2. Consider the following statements with respect to Hampi World Heritage Site.
1. The Vitthla temple is the most exquisitely metaphorical structure on the site and represents the culmination of Vijayanagara temple architecture.

2. The Battle of Talikota (1565 CE) led to a massive destruction of its physical fabric of this site.
3. Temples of Hampi are noted for their large dimensions, florid ornamentation, bold and delicate carvings which include subjects from the Ramayana and the Mahabharata.
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 the National Commission for Safai Karmacharis (NCSK).
1. The Commission is acting as a statutory body of the Ministry of Social Justice and Empowerment
2. The NCSK has been mandated to monitor the implementation of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013.
Which of the statement(s) given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

4. Consider the following statements regarding Writ Petitions in India.
1. Certiorari is issued to quash the order already passed by an inferior court, tribunal or quasi-judicial authority.
2. Quo Warranto is issued to restrain a person from holding a public office which he is not entitled.
3. Mandamus is also called ‘Writ of Justice’ because it is issued to secure the performance of public duties by lower court, tribunal or public authority.
4. The writ jurisdiction of the High Court’s on a writ petition is wider as it extends to the constitutional rights too.
Which of the statement(s) given above is/are correct?
(a) 1, 2 and 3 only
(b) 3 and 4 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4

5. Consider the following statements.
1. Article 246 of the constitution deals with subject matter of laws to be made by the parliament and by legislature of the states.
2. In the constitution, water is a matter included in state list and this is subject to the provision of union list.
3. Forests and protection of wild animals are matter of concurrent list.
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-b
Explanation
Article 239AA
The Supreme Court has held that the Lieutenant-Governor (L-G) is bound by the “aid and advice” of the Government in Delhi.
Delhi, although a union territory, is not administered by the president acting through the LG under Article 239.
It is administered under Article 239 AA. Article 239 AA was incorporated in the Constitution in 1992.
It creates a “special” constitutional set up for Delhi. It has provisions for popularly elected assembly, a council of ministers responsible to the assembly and a certain demarcation of responsibilities between the LG and the council of ministers.
As per Article 239 AA (3) (a), the Delhi assembly can legislate on all those matters listed in the State List and Concurrent List as are applicable to union territories. The public order, police and land are reserved for the LG.
Under Article 239 AA (4), the council of ministers has the executive power to execute all matters in respect of which the assembly has the power to make laws.
Article 239 AB (a) says “if the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,” the president can dismiss the council of ministers.
Further, Article 239 AA (b) says that the council of ministers shall be collectively responsible to the assembly. So, the council of ministers is responsible for Delhi’s administration and if it fails in its functions, it will be removed by the president. But the council of ministers cannot be removed for the breakdown of the constitutional machinery unless they are vested with the power to take final decisions on matters of administration.
Delhi is the Union territory that has a high court of its own (since 1966), but under the centre’s announcement after revoking of Article 370, the Union Territory of Jammu and Kashmir will have a legislative Assembly, while the Union Territory of Ladakh will come under the direct control of the Union Government.
The two Union Territories will now share a common high court. While some laws will change, the existing law procedure for practice in the high court will remain the same. So UT of Jammu and Kashmir is the Union territory that also has a high court of its own.

 

2.Answer-d
Explanation
It is world heritage site since 1986.
The austere and grandiose site of Hampi comprise mainly the remnants of the Capital City of Vijayanagara Empire (14th-16th Cent CE), the last great Hindu Kingdom. The property encompasses 26 sq. km areas, amidst giant boulders and vegetation, protected by the tempestuous river Tungabhadra basin in Central Karnataka, Bellary District.
The monuments of Vijayanagar city, also known as Vidyasagar in honour of the sage Vidyaranya was built between 1336-1570 A.D., from the times of Harihara-I to Sadasiva Raya.
A large number of royal buildings were raised by Krishnadeva Raya (A.D. 1509-30), the greatest ruler of the dynasty.
Dravidian architecture flourished under the Vijayanagara Empire and its ultimate form is characterised by their massive dimensions, cloistered enclosures, and lofty towers over the entrances encased by decorated pillars.
Temples of Hampi are noted for their large dimensions, florid ornamentation, bold and delicate carvings, stately pillars, magnificent pavilions and a great wealth of iconographic and traditional depictions, which include subjects from the Ramayana and the Mahabharata.
The Vitthala temple in Hampi is an excellent example of Vijayanagar style. The monolithic statues of Lakshmi, Narasimha and Ganesha are noted for their massiveness and grace. The Krishna temple, Pattabhirama temple, Hazara Ramachandra and Chandrasekhara temple as also the Jain temples are other examples. Majority of these temples in Hampi were provided with widespread bazaars flanked on either side by storied Mandapas.
Among secular edifices, mention may be made of the Zenana enclosure wherein a massive stone basement of the Queen’s palace and ornate pavilion called ‘Lotus-Mahal’ are the only remnants of a luxurious ‘Antahpura’.
The corner towers of arresting elevation, the Dhananayaka’s enclosure (treasury), the Mahanavami Dibba carrying beautifully sculptured panels, a variety of ponds and tanks, Mandapas, the elephant’s stables and the row of pillared Mandapas are some of the important architectural remains of Hampi.
Recent excavations at the Hampi have brought to light a large number of palatial complexes and basements of several platforms. Interesting finds include a large number of stone images, beautiful terra cotta objects and stucco figures that once embellished the palaces at Hampi.
In addition, many gold and copper coins, household utensils, a square stepped-tank (Sarovar) at the south-west of Mahanavami Dibba, and a large number of ceramics, including the important variety of porcelain and inscribed Buddhist sculptures of 2nd-3rd century A.D. have also been unearthed.
The city rose to metropolitan proportions and is immortalized in the words of many foreign travellers as one of the most beautiful cities. The Battle of Talikota (1565 CE) led to a massive destruction of its physical fabric.

3.Answer-b
Explanation

The NCSK was constituted on 12th August, 1994 as a statutory body by an Act of Parliament viz. ‘National Commission for Safai Karamcharis Act, 1993’, for a period of three years i.e. up to 31st March, 1997. As per sub-section (4) of Section 1 of the Act, it was to cease to exist after 31.3.1997. However, validity of the Act was extended up to March, 2002, and then up to February, 2004 vides Amendment Acts passed in 1997 and 2001 respectively. With the lapsing of the “The National Commission for Safai Karamcharis Act, 1993” w.e.f. 29.2.2004, the Commission is acting as a Non-Statutory body of the Ministry of Social Justice and Empowerment whose tenure is extended from time to time through Government Resolutions.
The major beneficiaries of the proposal would be the Safai Karamcharis and persons engaged in manual scavenging in the country since the NCSK will work for their welfare and upliftment.
The number of Manual Scavengers identified under the MS Act Survey as on 31.01.2019 is 14226 and under the National Survey undertaken by Ministry of Social Justice & Empowerment at the behest of NITI Aayog is 31128 on 31.01.2019.
The NCSK has been giving its recommendations to the Government regarding specific programmes for welfare of Safai Karamcharis, study and evaluate the existing welfare programmes for Safai Karamcharis, investigate cases of specific grievances etc.
The NCSK has been mandated to monitor the implementation of “The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 and also the Supreme Court Judgement dated 27.3.2014 in WP © No. 583 of 2003 in Safai Karamcharis Andolan Vs UOI regarding payment of Rs10.00 lakhs as compensation to the dependent family members of sewer/septic death cases.

 

4.Answer-d
Explanation-
Writ Petition in India
A Writ is a formal written order issued by the Court in the name of the sovereign power. Any warrant, orders, directions, and so on, issued by the Supreme Court or the High court are called writs.
If any of your Fundamental Rights are violated a writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India.
Imp Note: The writ jurisdiction of the High Court’s (Article 226) on a writ petition is wider as it extends to the constitutional rights too.

Who can file the Writ Petitions?
All the writ petitions can only be filed by Aggrieved individual except for Quo Warranto which can be filed by any individual irrespective of whether he/she is aggrieved or not.
In case of Habeas Corpus the any other individual on behalf of the aggrieved person can file the writ petition.
Public Interest Litigation and Judicial Activism:
The traditional rule of “Locus Standi” that a person, whose right is infringed alone can file a petition, has been considerably relaxed by the Supreme Court in its recent decisions. Now, the court permits public interest litigation at the instance of public spirited citizens for the enforcement of constitutional- legal rights. Now, any public spirited citizen can move/approach the court for the public cause (in the interests of the public or public welfare) by filing a petition: in Supreme Court under Art.32 of the Constitution; in High Court under Art.226 of the Constitution;
Writs available in India
Both the Articles 32 and 226 provide five types of writs namely writ of habeas corpus, mandamus, prohibition, certiorari and quo-warranto. These are known as prerogative writs in English Law because they had originated in the King’s prerogative power of superintendence over the due observance of law by his officers and tribunals.
The prerogative writs are extra-ordinary remedies intended to be applied in exceptional or rare cases in which ordinary legal remedies are not adequate.

 

 

5.Answer-d
Explanation
Article 246 of the Constitution deals with subject matter of laws to be made by the Parliament and by Legislature of the States. The constitutional provisions in respect of allocation of responsibilities between the State and Centre fall into three categories: The Union List (List-I), the State List (List-II) and the Concurrent List (List-III).
As most of the rivers in the country are inter-State, the regulation and development of waters of these rivers, is a source of inter-State differences and disputes. In the Constitution, water is a matter included in Entry 17 of List-II i.e. State List. This entry is subject to the provision of Entry 56 of List-I i.e. Union List.
List I or the Union List contains 97 subjects over which Parliament has exclusive power to legislate. These include defence, foreign affairs and environmentally relevant subjects such as atomic energy and mineral resources; regulation and development of interstate rivers and river valleys; highways; shipping and navigation in national highways; major ports; airways, aircraft and air navigation; regulation of mines and mineral development; development of oil fields etc.
The State legislatures have exclusive power to legislate with respect to 66 subjects enumerated in List II or what is known as the State List. The environmental subjects over which State legislatures can legislate are public health and sanitation; agriculture; communication; preservation, protection and improvement of stock and prevention of animal diseases; water; land; etc.
Under List III or Concurrent List, Parliament and State legislatures have overlapping, concurrent and shared jurisdiction over 52 subjects ranging from forests, protection of wild animals, and mines and mineral development to population control and family planning minor ports, factories and electricity.
The State legislatures have full powers to legislate with respect to subjects specified in the Concurrent List. But this power is subject to an important limitation, namely that the provisions of the State law should not conflict with any of the provisions of the Union law on that subject. This is to say that if a State law relating to a concurrent subject is conflicting and therefore repugnant to a Union law relating to that very subject, then the Union law will prevail and the State law shall, to the extent of such inconsistency and repugnancy, be void.
There is one exception to this rule. If a State law on a concurrent subject is inconsistent with a prior Union law on that same concurrent subject, then the State law shall prevail in that State and overrule the Union law in the applicability to that State only, if the State law has received presidential assent.