Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.
Statement-II: Article 335 of the Constitution of India defines the term ‘efficiency of administration’.
Which one of the following is correct in respect of the above statements? a. Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I b. Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I c. Statement-I is correct but Statement-II is incorrect d. Statement-I is incorrect but Statement-II is correct
Question from UPSC Prelims 2023 GS Paper
Explanation :
c. Statement-I is correct but Statement-II is incorrect
Supreme Court Judgments on Reservation Policies
The Supreme Court of India has held in some judgments that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for the maintenance of efficiency of administration. This means that while providing reservation to certain groups, the efficiency of administration should not be compromised.
N.M. Thomas vs. State of Kerala (1976): The Supreme Court upheld the state government’s decision to extend reservation to SC and ST candidates in promotional posts. The court argued that such reservations were a way to ensure equality of opportunity, stating that Article 335 should not be interpreted in a manner that undermines the purpose of Article 16(4).
Indra Sawhney vs. Union of India (1992): Often referred to as the Mandal Commission case, this judgment declared that reservations could be valid but should not exceed 50% of the available positions, considering it essential to maintain an efficient administration as mandated by Article 335. The court also stated that the concept of ‘efficiency’ is not merely numerical but should be understood as an overall efficiency including the representation of backward classes.
M. Nagaraj & Others vs. Union of India & Others (2006): This case re-affirmed that reservations in promotions can be constitutionally valid but should be applied cautiously, with the state needing to show quantifiable data to justify such reservations. The court ruled that any reservation policy should not disturb the efficiency of administration, reiterating the balance mandated by Article 335.
Article 335 of the Constitution of India
Article 335 of the Constitution of India does not define the term ‘efficiency of administration.’ Article 335 states that the claims of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
Q99. With reference to ‘Scheduled Areas’ in India, consider the following statements:
1. Within a State, the notification of an area as Scheduled Area takes place through an Order of the President. 2. The largest administrative unit forming the Scheduled Area is the District and the lowest is the cluster of villages in the Block. 3. The Chief Ministers of the concerned States are required to submit annual reports to the Union Home Ministry on the administration of Scheduled Areas in the States.
How many of the above statements are correct? a. Only one b. Only two c. All three d. None
Question from UPSC Prelims 2023 GS Paper
Explanation :
Correct Answer – b. Only Two Statement 1 – Scheduled Areas.—(1) In this Constitution, the expression “Scheduled Areas” means such areas as the President may by order declare to be Scheduled Areas. Source – S5.pdf (mea.gov.in)
Statement 2 – The largest administrative unit forming the Scheduled Area is the District, while the lowest is the cluster of villages in the Block.
Statement 3 – Para 3 of the Fifth Schedule to the Constitution lays down that “the Governor of each State having Scheduled Areas therein shall annually, or whenever so required by the President, make a report to the president regarding the administration of the Scheduled Areas in that State and the executive power of the union shall extend to the giving of directions to the State as to the Administration of the said areas”. Source – S5.pdf (mea.gov.in)
Q98. Consider the following statements: Once the Central Government notifies an area as a ‘Community Reserve’
1. The Chief Wildlife Warden of the State becomes the governing authority of such forest. 2. Hunting is not allowed in such area. 3. People of such area are allowed to collect non-timber forest produce 4. People of such area are allowed traditional agricultural practices
How many of the above statements are correct? a. Only one b. Only two c. Only three d. All four
Correct Answer: b. Only two (Official UPSC Answer)
Question from UPSC Prelims 2023 GS Paper
Explanation :
Note: Explanation requires update after official answer key released.
Correct Answer – a. Only One
Statement 1 – The Chief Wildlife Warden of the State does not become the governing authority of such forest. Instead, a Community Reserve Management Committee is constituted to manage the reserve.
Statement 2,4 – The village councils in Nagaland are autonomous bodies that enter into the MoU after convincing the land owners that declaring a particular patch of forest will be good for conservation, Alemwapang T Imchen, assistant conservator of forests, Mangmetong village, told DTE.
“After a forest has been made into a community reserve, people cannot hunt there, nor can they use it for agricultural practices, leave alone jhum cultivation,” he added.
Q97. With reference to Finance Bill and Money Bill in the Indian Parliament, consider the following statements:
1. When the Lok Sabha transmits Finance Bill to the Rajya Sabha, it can amend or reject the Bill. 2. When the Lok Sabha transmits Money Bill to the Rajya Sabha, it cannot amend or reject the Bill, it can only make recommendations. 3. In the case of disagreement between the Lok Sabha and the Rajya Sabha, there is not joint sitting for Money Bill, but a joint sitting becomes necessary for Finance Bill.
How many of the above statements are correct? a. Only one b. Only two c. All three d. None
Question from UPSC Prelims 2023 GS Paper
Explanation :
Correct Answer: b. Only two
1. As the Finance Bill is a type of money bill, It (like the money bills) cannot be either rejected or amended by the Rajya Sabha.(Incorrect)
2. When the Lok Sabha transmits a Money Bill to the Rajya Sabha, it cannot amend or reject the Bill; it can only make recommendations. (Correct)
3. In the case of disagreement between the Lok Sabha and the Rajya Sabha, there is no joint sitting for a Money Bill, but a joint sitting becomes necessary for a Finance Bill. (Correct)
1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid.
2. Election for the post of the President of India can be postponed on the ground that some legislative Assemblies have been dissolved and elections are yet to take place.
3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.
How many of the above statements are correct? a. Only one b. Only two c. All three d. None
Question from UPSC Prelims 2023 GS Paper
Explanation :
d. None
1. The acts done by the President before the date of the decision of the Supreme Court do not become invalid if the election of the President is declared void.
2. The election for the post of the President of India cannot be postponed on the ground that some legislative Assemblies have been dissolved and elections are yet to take place.
3. The Constitution does not prescribe any time limit within which the President has to declare his/her assent when a Bill is presented to him/her.
Q95. Consider the following organization/bodies in India:
1. The National Commission for Backward Classes 2. The National Human Rights Commission 3. The National Law Commission 4. The National Consumer Disputes Redressal Commission
How many of the above are constitutional bodies? a. Only one b. Only two c. Only three d. All four
Question from UPSC Prelims 2023 GS Paper
Explanation :
a. Only One
1. The National Commission for Backward Classes – This body is a constitutional body as per Article 338B of the Indian Constitution, which was added through the 102nd Constitutional Amendment Act, 2018.
2. The National Human Rights Commission – This body is not a constitutional body. It is a statutory body established under the Protection of Human Rights Act, 1993.
3. The National Law Commission – There is a Law Commission of India, which is neither a constitutional body nor a statutory body. It is an ad-hoc and advisory body constituted by the Government of India from time to time.
4. The National Consumer Disputes Redressal Commission – This body is not a constitutional body. It is a statutory body established under the Consumer Protection Act, 1986.
Q94. In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
a. 1st Amendment b. 42nd Amendment c. 44th Amendment d. 86th Amendment
Question from UPSC Prelims 2023 GS Paper
Explanation :
UPSC cancelled this question
Correct Answer: b. 42nd Amendment
On 31 July 1980, in its judgement on Minerva Mills v. Union of India, the Supreme Court declared two provisions of the 42nd Amendment as unconstitutional which prevent any constitutional amendment from being “called in question in any Court on any ground” and accord precedence to the Directive Principles of State Policy over the Fundamental Rights of individuals respectively.
Q93. Which one of the following statements best reflects the Chief purpose of the ‘Constitution’ of a country?
a. It determines the objective for the making of necessary laws. b. It enables the creation of political offices and a government. c. It defines and limits the powers of government. d. It secures social justice, social equality and social security.
Question from UPSC Prelims 2023 GS Paper
Explanation :
c. It defines and limits the powers of government.
Purpose of a Constitution
The chief purpose of a constitution is to define and limit the powers of government. It establishes the structure, functions, and principles of a government, as well as the rights and responsibilities of its citizens. While a constitution may also serve other purposes, such as determining objectives for lawmaking, creating political offices, and securing social justice, its primary function is to provide a framework for governance and to ensure that government power is exercised within the bounds of the constitution. This helps to maintain a balance of power and prevent the abuse of authority.
Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
Which one of the following is correct in respect of the above statements? a. Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I b. Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I c. Statement-I is correct but Statement-II is incorrect d. Statement-I is incorrect but Statement-II is correct
Question from UPSC Prelims 2023 GS Paper
Explanation :
Correct Answer : a. Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
In India, prisons are managed by State Governments, and each state has its own rules and regulations for the day-to-day administration of prisons. This is because prisons are governed by the Prisons Act, 1894, which expressly kept the subject of prisons in the control of Provincial Governments (now State Governments). Therefore, both statements are correct, and Statement-II is the correct explanation for Statement-I. Prisons in India – Wikipedia
Q91. In essence, what does ‘Due Process of Law’ means?
a. The principle of natural Justice b. The procedure established by law c. Fair application of law d. Equality before law
Question from UPSC Prelims 2023 GS Paper
Explanation :
Correct Answer: a. The principle of natural Justice
Due Process of Law
encompasses the principles of natural justice, ensuring that individuals are treated fairly, impartially, and without bias by the government. It requires that legal procedures be followed when dealing with individuals, safeguarding their rights and ensuring they have an opportunity to be heard.