[Mission 2022] Insta– QUED ( Questions from Editorials ) 23 March 2022

Solution: c)

The three-member commission headed by Justice R. S. Sarkaria remains till date the bedrock of any inquiry into the relations between the Centre and State.

The first Administrative Reforms Commission (1966) recommended on “Centre-State Relationships”.

The Punchhi Commission on Centre-State relations (2007), headed by former Chief Justice of India Justice M. M. Punchhi, was constituted to enquire into Centre-State Relations.

Dinesh Goswami committee was concerned with Electoral reforms. 

Solution: d)

Under the Employees’ State Insurance Act (ESIA), 1948, the Rajiv Gandhi Shramik Kalyan Yojana (RGSKY) provides unemployment allowance to involuntarily unemployed insured persons who have made contributions for two years to ESI. 

In 2018, the government introduced the Atal Beemit Vyakti Kalyan Yojana (ABVKY) under which unemployed insured persons are provided allowance at the rate of 50% of the average per day earning of the claimant for 90 days on a pilot basis for two years. This was extended during the COVID-19 period.

Under the Industrial Disputes Act (IDA), 1947, industrial establishments employing 100 or more workers must pay retrenchment compensation of 15 days of average pay for the completed years of service to workers in case they lose jobs due to government-sanctioned workers’ retrenchment or closures of establishments. 

Social Security Code (SSC), 2020, included unemployment protection in its definition of ‘social security’.

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Solution: a)

Sovereign equality is juridical in nature, i.e., all states are equal under international law in spite of inequalities between them in areas such as military power, geographical and population size, levels of industrialisation and economic development. Sovereign equality, along with collective security, is a fundamental principle of the UN. The UN Charter states that the primary objective of the UN is to save succeeding generations from the scourge of war.

The UN Charter contains the doctrine of collective security in Article 39: “The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.”

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Solution: b)

India and Pakistan have never signed the Nuclear Non-Proliferation Treaty (NPT).

The two sides do not have high commissioners on the other side, there is no structured bilateral dialogue, and, most importantly, the two sides have not held ‘Expert Level Talks on Nuclear Confidence Building Measures’ or ‘Expert Level Talks on Conventional Confidence Building Measures’ for several years now.

India does not have tactical nuclear weapons. 

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Solution: a)

What is Article 32?

It is one of the fundamental rights listed in the Constitution that each citizen is entitled. Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution. 

During the 1975 Emergency, a five-judge bench of the Supreme Court, in the ADM Jabalpur vs Shivakant Shukla case, had ruled that the right to constitutional remedies under Article 32 would remain suspended during a national emergency.

The 44th Amendment also stated that according to Article 359, the president could issue orders suspending the right to move any court for the enforcement of fundamental rights, under Article 32, during a national emergency, with the exception of Article 20 ( deals with protection of certain rights in case of conviction for offences) and Article 21 (protection of life and personal liberty).

In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court. When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32. Article 226, however, is not a fundamental right like Article 32.