Explanation:

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948, is a milestone document in the history of human rights. It sets out, for the first time, fundamental human rights to be universally protected. The Declaration consists of a preamble and 30 articles, affirming an individual’s rights which include, but are not limited to, the right to life, liberty, and security of person; freedom from torture and cruel, inhuman, or degrading treatment or punishment; recognition everywhere as a person before the law; freedom of thought, conscience, and religion; freedom of opinion and expression; the right to work and education; and the right to participate in government and in free elections.

Reflection in the Constitution of India

Now, let’s examine how the Constitution of India reflects these principles and provisions through its Preamble, Directive Principles of State Policy, and Fundamental Duties:

1. Preamble

The Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. It reflects the spirit of the UDHR through its commitment to justice, liberty, equality, and fraternity. The Preamble declares the intent to secure to all its citizens justice (social, economic, and political), liberty of thought, expression, belief, faith, and worship, equality of status and opportunity, and to promote among them all fraternity, assuring the dignity of the individual and the unity of the nation. These ideals are in harmony with the UDHR’s emphasis on human dignity, equality, and freedom.

2. Directive Principles of State Policy

Part IV of the Indian Constitution contains the Directive Principles of State Policy, which set forth the aims and objectives to be taken up by the State in the governance of the country. Although not enforceable by any court, these principles are fundamental in the governance of the country, aiming to create a social and economic framework that reflects the rights and freedoms outlined in the UDHR. For example, Article 39 directs the State to ensure that citizens, men and women equally, have the right to an adequate means of livelihood, and Article 45 aims to provide early childhood care and education for all children until they complete the age of six years, reflecting the UDHR’s emphasis on social security, education, and equality.

3. Fundamental Duties

Introduced by the 42nd Amendment in 1976, the Fundamental Duties are listed in Article 51A of Part IV-A of the Constitution. They complement the Fundamental Rights by urging citizens to perform duties essential for the national interest. Some of these duties, such as respecting the ideals and institutions of the Constitution, promoting harmony, and valuing and preserving the rich heritage of our composite culture, reflect the spirit of the UDHR’s call for mutual respect, tolerance, and duties to the community essential for free and full development of one’s personality.

Source : Universal Declaration of Human Rights | United Nations

Explanation:

Constitutional Government

A constitutional government is defined as a government whose power is defined and limited by law. The key characteristic of a constitutional government is that it operates under a set of laws and principles that specify how the government is constituted, how it functions, and what powers it has. This is typically laid out in a written constitution, which serves as the supreme law of the land.

Constitution

The constitution not only outlines the structure of the government and the distribution of powers among its branches but also establishes the fundamental rights and freedoms of the citizens, thereby limiting the government’s power over them.

Explanation:

Fiscal Responsibility and Budget Management (FRBM) Act, 2003

The Fiscal Responsibility and Budget Management (FRBM) Act, 2003, was enacted by the Parliament of India to institutionalize financial discipline, reduce India’s fiscal deficit, improve macroeconomic management and the overall management of the public funds by the government. Under the provisions of the FRBM Act, the government is required to place before the Parliament three statements each financial year, along with the Budget and Appropriation Bills. These are:

• 1. The Medium Term Fiscal Policy Statement
• 2. The Fiscal Policy Strategy Statement
• 3. The Macro Economic Framework Statement

The Macro Economic Framework Statement is specifically mentioned under Section 3 of the FRBM Act. This document is crucial as it provides the macroeconomic framework for the relevant financial year, outlining the government’s assessment of the economy’s growth prospects, fiscal policy strategy, and the key fiscal measures and targets. It serves as a backdrop against which the budgetary allocations and fiscal policy decisions are made, ensuring that they are aligned with the broader economic objectives and fiscal discipline goals.

Therefore, the presentation of the Macro Economic Framework Statement along with the Budget is mandated by the provisions of the Fiscal Responsibility and Budget Management Act, 2003, and not by parliamentary convention or specific articles of the Constitution of India.

Explanation:

Directive Principles of State Policy

The Directive Principles of State Policy are guidelines or principles set out in Part IV of the Constitution of India, which are not enforceable by any court but are considered fundamental in the governance of the country. The aim of these principles is to establish a social order characterized by social, economic, and political justice.

Article 50 and the Separation of Judiciary from the Executive

Article 50 of the Indian Constitution, which falls under the Directive Principles of State Policy, explicitly calls for the state to take steps to separate the judiciary from the executive in the public services of the state. This is aimed at ensuring the independence of the judiciary, reducing the potential for bias or influence from the executive branch, and maintaining the integrity of the legal system.

Therefore, the correct answer to the question is b) a Directive Principle of State Policy, as it is Article 50 of the Constitution that enjoins the separation of judiciary from the executive.

Source: Article 50 in Constitution of India (indiankanoon.org)

Explanation:

Right to Equality

The Right to Equality is one of the six fundamental rights enshrined in the Constitution of India. It includes Articles 14 to 18, which collectively ensure equality before the law and equal protection of the laws; prohibit discrimination on grounds of religion, race, caste, sex, or place of birth; and abolish untouchability and titles.

Abolition of Untouchability

Article 17 of the Indian Constitution specifically deals with the abolition of untouchability. It states, “Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.” This provision makes it clear that the protection against untouchability as a form of discrimination falls under the category of the Right to Equality.

Explanation:

Members of Parliament Local Area Development Scheme (MPLADS)

The Members of Parliament Local Area Development Scheme (MPLADS) is a scheme in India that allows Members of Parliament (MPs) to recommend developmental work in their constituencies with an emphasis on creating durable community assets based on locally felt needs.

Explanation of the statements provided:

1. MPLADS funds must be used to create durable assets like physical infrastructure for health, education, etc. – This statement is correct. The primary objective of the MPLADS is to create durable public assets of national priorities, viz. drinking water, primary education, public health, sanitation, and roads, etc.

2. A specified portion of each MP’s fund must benefit SC/ST populations. – This statement is correct. There is a guideline that recommends a certain percentage of MPLADS funds to be utilized for areas inhabited by Scheduled Caste (SC) and Scheduled Tribe (ST) populations to ensure that these communities benefit from the scheme.

3. MPLADS funds are sanctioned on a yearly basis and the unused funds cannot be carried forward to the next year. – This statement is incorrect. MPLADS funds can be carried forward to the subsequent years. The funds are non-lapsable, meaning if they are not fully utilized in a given year, they can be carried forward to the next financial year.

4. The district authority must inspect at least 10% of all works under implementation every year. – This statement is correct. To ensure the quality of works under the MPLADS, there is a provision for the district authority to inspect a minimum of 10% of the ongoing works each year. This is to ensure accountability and proper utilization of the funds.

Given the explanations above, the correct answer is d) 1, 2, and 4 only.

Source: FAQOld_904.pdf (mplads.gov.in)

Explanation:

b) amending the Constitution

The Rajya Sabha (Council of States) and the Lok Sabha (House of the People) are the two houses of India’s Parliament. They have different powers and functions, but when it comes to amending the Constitution, both houses have equal powers. This means that for a constitutional amendment to pass, it must be approved by both the Rajya Sabha and the Lok Sabha. This requirement ensures that significant changes to the Constitution cannot be made without broad consensus across both houses of Parliament.

Let’s briefly look at why the other options are incorrect:

a) The matter of creating new All India Services:

While the Rajya Sabha has a special power under Article 312 of the Constitution to initiate the process of creating new All India Services by passing a resolution supported by not less than two-thirds of the members present and voting, the final decision does not solely rest with it. The Lok Sabha also has a say in the matter, but the initiation power is unique to the Rajya Sabha.

c) The removal of the government:

The Lok Sabha holds more power in the removal of the government through a no-confidence motion. The Rajya Sabha does not have the power to introduce or pass a no-confidence motion against the government. This is a critical aspect of the parliamentary system that underscores the Lok Sabha’s role in holding the government accountable, as it is the directly elected house.

d) Making cut motions:

Cut motions are a tool used by members of the Lok Sabha to oppose and reduce specific amounts in the demands for grants. This is a part of the budgetary process where the Lok Sabha has exclusive powers. The Rajya Sabha does not have the power to make cut motions, reflecting the Lok Sabha’s primary role in financial matters.

Therefore, the only statement that correctly represents an area where the Rajya Sabha and Lok Sabha have equal powers is b) amending the Constitution.

Explanation:

Aadhaar Metadata Storage

The statement that Aadhaar metadata cannot be stored for more than three months is incorrect. According to the Supreme Court ruling in September 2018, Aadhaar metadata cannot be stored for more than six months.

Sharing Aadhaar Data with Private Corporations

The statement that the state cannot enter into any contract with private corporations for sharing Aadhaar data is correct. The Supreme Court’s decision prevents the sharing of Aadhaar data with private entities without the explicit consent of the individual. This ruling aims to protect the privacy of individuals and ensure that Aadhaar data is used strictly for purposes outlined by the UIDAI and within the legal framework.

Aadhaar Requirement for Insurance Products

The statement that Aadhaar is mandatory for obtaining insurance products is incorrect. Following the Supreme Court’s ruling, the Insurance Regulatory and Development Authority of India (IRDAI) directed insurance companies not to mandatorily ask for Aadhaar details for Know Your Customer (KYC) requirements. This means that while Aadhaar can be used as a form of identification, it cannot be mandated for obtaining insurance products.

Aadhaar Requirement for Benefits from Consolidated Fund of India

The statement that Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India is correct. The Supreme Court upheld the amendment to Section 7 of the Aadhaar Act, which allows the government to require Aadhaar authentication for beneficiaries receiving subsidies, benefits, or services where the expenditure is incurred from the Consolidated Fund of India. This provision ensures that Aadhaar can be used to streamline and secure the delivery of government benefits to eligible individuals.

Explanation:

President’s Power to Summon Parliament

According to Article 85(1) of the Indian Constitution, the President has the authority to summon each House of Parliament to meet at such time and place as he/she deems fit. However, there must not be a gap of more than six months between the last sitting of the Parliament in one session and the date appointed for its first sitting in the next session. This ensures that Parliament meets at least twice a year, though the exact timing and location are at the President’s discretion. Therefore, statement 1 is correct.

Number of Sessions in a Year

The Constitution does not explicitly mandate the number of sessions Parliament must have in a year. The practice of having three sessions (Budget, Monsoon, and Winter) is based on convention rather than a constitutional requirement. Therefore, the statement that the Constitution provides for three sessions but it’s not mandatory to conduct all three is incorrect because the Constitution itself does not specify the number of sessions. Hence, statement 2 is not correct.

Minimum Number of Meeting Days

The Constitution does not prescribe a minimum number of days for which Parliament must meet in a year. The actual number of days Parliament meets can vary significantly from year to year. Over the years, there has been a decline in the number of days Parliament is in session, with recommendations from various committees suggesting that it should meet for at least 120 days a year. However, these recommendations have not been codified into law, and as such, there is no constitutional or statutory minimum. Therefore, statement 3 is correct.

Explanation:

Statement 1:

This statement is misleading because it suggests that merely being eligible to vote qualifies someone to be appointed as a minister. However, the Constitution requires that a person must also meet the age criteria for being a member of the state legislature (25 years for the Legislative Assembly and 30 years for the Legislative Council) to be eligible for such an appointment. Moreover, they must become a member of the legislature within six months to continue in the ministerial position. Therefore, the statement is incorrect as it omits crucial information regarding eligibility.

Statement 2:

This statement is incorrect because it suggests a permanent disqualification for individuals convicted and sentenced to imprisonment for five years. According to the Representation of the People Act, 1951, the disqualification for contesting in elections is not permanent. A person is disqualified from the date of conviction and continues to be disqualified for a further period of six years after serving their sentence. After this period, the individual is eligible to contest in elections again.

Correct Answer: d) Neither 1 nor 2