Current based PRELIMS QUESTION 31 MARCH 2020

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1. Consider the following statements about Subordinate Courts.
1. The only opportunity to be district Judges is through promotion in accordance with the Rules framed under Article 234 and proviso to Article 309 of the Constitution.
2. The appointments, posting and promotion of district judges in a state are made by the governor of the state in consultation with the high court.
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

 

2. Consider the following statements regarding the Indian Tent Turtle (Pangshura tentoria).
1. It is a species of turtles in the family Box Turtles, Freshwater Turtles. It is listed in CITES Appendix II.
2. It is an omnivore, found in the Indo-Malayan Realm.
3. Indian Tent Turtle, which is listed in schedule I of the Wildlife Protection Act, 1972.
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 Indus Valley Civilisation.
1. The Harappans were the earliest known people to grow cotton.
2. Harappans ate a wide range of plant and animal products, including fish
3. The people of the Indus Valley Civilisation grew and ate a variety of cereals and pulses.
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 about Article 371 of the Indian Constitution.
1. Article 371 of the Constitution includes “special provisions” for 11 states, including six states of the Northeast.
2. Article 371I deals with Goa, but it do not include any provision that can be deemed ‘special’.
3. It is in Part XXI of the Constitution, titled ‘Temporary, Transitional and Special Provisions’.
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 Foreign Contribution Regulation Act (FCRA).
1. The intent of the Act is to prevent use of foreign contribution or foreign hospitality for any activity detrimental to the national interest.
2. It falls into the purview of Home Ministry and not the Reserve Bank of India (RBI).
3. The Act permits only NGOs having a definite cultural, economic, educational, religious or social programme to accept foreign contribution, that too after such NGOs either obtain a certificate of registration or prior permission under the Act.
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-c
Explanation-
Subordinate Courts
Appointment of District Judges – The appointment, posting and promotion of district judges in a state are made by the governor of the state in consultation with the high court.
A person to be appointed as district judge should have the following qualifications:
1. He should not already be in the service of the Central or the state government.
2. He should have been an advocate or a pleader for seven years.
3. He should be recommended by the high court for appointment.
Recent Development:
The Supreme Court has recently held that subordinate judicial officers cannot apply or compete for direct appointment as District Judge even if they have a previous experience of seven years as an advocate.
The only opportunity to be District Judges is through promotion in accordance with the Rules framed under Article 234 and proviso to Article 309 of the Constitution, a 3-judge Bench led by Justice Arun Mishra declared.
The judgment also noted that judicial officers directly appointed under Article 233 cannot continue as District Judges.
They would be reverted to their original posts and the respective High Courts would consider their promotion in accordance with the prevailing Rules in case they were superseded by their juniors.

 

2.Answer-d
Explanation
Pangshura tentoria (Indian Tent Turtle) is a species of turtles in the family Box Turtles, Freshwater Turtles. It is listed in CITES Appendix II. It is associated with freshwater habitat. It is found in the Indo-Malayan Realm. It is an omnivore.
Indian Tent Turtle, which is listed in schedule I of the Wildlife Protection Act, 1972.

3. Answer-d
Explanation-
The National Museum in New Delhi has decided to keep meat out of the ‘Historical Gastronomica’ event that it is hosting on its premises until February 25, allegedly after “a couple of MPs” reacted to the menu posted online by the Ministry of Culture.
The event, presented by the Museum along with One Station Million Stories (OSMS), claims to treat visitors to “The Indus dining experience” through a “specially crafted menu that strictly includes ingredients that were identified by archaeologists & researchers from sites of the Indus-Saraswati Civilisation”.
The people of the Indus Valley Civilisation grew and ate a variety of cereals and pulses.
There is archaeological evidence for cultivation of pea (matar), chickpea (chana), pigeon pea (tur/arhar), horse gram (chana dal) and green gram (moong).
Several varieties of wheat have been found at Harappan sites, as well as barley of the two-rowed and six-rowed kinds.
There is evidence that the Harappans cultivated Italian millet, ragi and amaranth, as well as sorghum and rice.
The Harappans were the earliest known people to grow cotton.
They produced cotton cloth hundreds of years before anyone else.
In fact, the Greek word for cotton is sindon, a word derived from Sind which is a part of the Indus Valley Civilization region.
Most Harappan sites are located in semi-arid lands, where irrigation was probably required for agriculture. Traces of canals have been found at the Harappan site of Shortughai in Afghanistan, but not in Punjab or Sind.
Meat came mainly from cattle, but the Harappans also kept chickens, buffaloes and some sheep and goats, and hunted a wide range of wildfowl and wild animals such as deer, antelopes and wild boar. They also ate fish and shellfish from the rivers, lakes and the sea; as well as being eaten fresh, many fish were dried or salted – many bones from marine fish such as jack and catfish were found at Harappa, far inland.

 

4.Answer-d
Explanation-
What is Article 371 all about?
Articles 369 through 392 appear in Part XXI of the Constitution, titled ‘Temporary, Transitional and Special Provisions’.
Article 371 of the Constitution includes “special provisions” for 11 states, including six states of the Northeast.
Articles 370 and 371 were part of the Constitution at the time of its commencement on January 26, 1950; Articles 371A through 371J were incorporated subsequently.
Article 371, Maharashtra and Gujarat:
Governor has “special responsibility” to establish “separate development boards” for “Vidarbha, Marathwada, and the rest of Maharashtra”, and Saurashtra and Kutch in Gujarat; ensure “equitable allocation of funds for developmental expenditure over the said areas”, and “equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment” under the state government.
Article 371A (13th Amendment Act, 1962), Nagaland:
Inserted after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963.
Parliament cannot legislate in matters of Naga religion or social practices, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land without concurrence of the state Assembly.
Article 371B (22nd Amendment Act, 1969), Assam:
The President may provide for the constitution and functions of a committee of the Assembly consisting of members elected from the state’s tribal areas.
Article 371C (27th Amendment Act, 1971), Manipur:
The President may provide for the constitution of a committee of elected members from the Hill areas in the Assembly, and entrust “special responsibility” to the Governor to ensure its proper functioning.
Article 371D (32nd Amendment Act, 1973; substituted by The Andhra Pradesh Reorganisation Act, 2014), Andhra Pradesh and Telangana:
President must ensure “equitable opportunities and facilities” in “public employment and education to people from different parts of the state”. He may require the state government to organise “any class or classes of posts in a civil service of, or any class or classes of civil posts under, the State into different local cadres for different parts of the State”. He has similar powers vis-à-vis admissions in educational institutions.
Article 371E:
Allows for the establishment of a university in Andhra Pradesh by a law of Parliament. But this is not a “special provision” in the sense of the others in this part.
Article 371F (36th Amendment Act, 1975), Sikkim:
The members of the Legislative Assembly of Sikkim shall elect the representative of Sikkim in the House of the People. To protect the rights and interests of various sections of the population of Sikkim, Parliament may provide for the number of seats in the Assembly, which may be filled only by candidates from those sections.
Article 371G (53rd Amendment Act, 1986), Mizoram:
Parliament cannot make laws on “religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land… unless the Assembly… so decides”.
Article 371H (55th Amendment Act, 1986), Arunachal Pradesh:
The Governor has a special responsibility with regard to law and order, and “he shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken”.
Article 371J (98th Amendment Act, 2012), Karnataka:
There is a provision for a separate development board for the Hyderabad-Karnataka region. There shall be “equitable allocation of funds for developmental expenditure over the said region”, and “equitable opportunities and facilities” for people of this region in government jobs and education. A proportion of seats in educational institutions and state government jobs in Hyderabad-Karnataka can be reserved for individuals from that region.
Article 371I deals with Goa, but it do not include any provision that can be deemed ‘special’.
Significance:
All these provisions take into account the special circumstances of individual states, and lay down a wide range of specific safeguards that are deemed important for these states.
In these range of Articles from 371 to 371J, Article 371I, which deals with Goa, stands out in the sense that it does not include any provision that can be deemed “special”. Article 371E, which deals with Andhra Pradesh and Telangana, too, is not that “special”.

 

 

5.

Answer-d
Foreign Contribution Regulation Act (FCRA)
FCRA is a consolidating act passed by the Government of India in the year 2010. It seeks to regulate the foreign contributions or donations and hospitality (air travel, hotel accommodation etc) to Indian organizations and individuals and to stop such contributions which might damage the national interest. It is an act passed for regulating and prohibiting the acceptance and utilization of foreign contribution or foreign hospitality by companies, associations or individuals for such activities that could prove to be detrimental to the national interest and for matters connected therewith or incidental thereto.
Since the Act is internal security legislation, despite being a law related to financial legislation, it falls into the purview of Home Ministry and not the Reserve Bank of India (RBI)
Need for FCRA:
The act aims at keeping a check on foreigners influencing the Indian electoral politics, journalists, public servants etc. for wrong purposes or activities detrimental to the public interest. Those violating the provisions of FCRA can be jailed up to a term of 5 years.
Salient features of FCRA 2010:
The FCRA was enacted in 1976 in order to maintain strict control over voluntary organisations and political associations that received foreign fundings. In the year 1984, an amendment was made to the act requiring all the Non Governmental Organisations to register them with the Home Ministry. In 2010, the act was repealed and a new act with strict provisions was enacted.
Here is a brief introduction to the provisions of the FCRA 2010:
• A provision was made for the cancellation of registrations of NGOs if the Home Ministry believes that the organisation is political and not neutral.
• The registration certificate granted to the NGOs under the 2010 act came with five year validity.
• A provision was inserted stating that the asset of the person who has become defunct needs to be disposed off in a manner stated by the government.
• A separate account needs to be maintained by the organisations to deposit the Foreign Contributions received and no other funds except for Foreign Contributions shall be deposited in that account.
• Every bank would be obligated to report to the prescribed authority, the amount of foreign remittances received and other related details such as the source, manner of receipt etc.
Who can accept Foreign Contribution?
Organizations working for definite cultural, social, economic, educational or religious programs, if and only if they are
1. Registered with the Home Ministry
2. Maintaining a separate account listing the donations received from foreigners, getting it audited by a Chartered Accountant and submitting it to the Home Ministry, every year.
Who are debarred from receiving Foreign Contribution?
• Candidate contesting an election
• Cartoonist, editor, publishers of registered newspaper
• Judge
• Government servants or employee of any corporation
• Member of any legislature
• Political parties