[MISSION 2024] RTM(Revision through MCQs)- 6 July 2023

Ans: (b)

Explanation:

• Article 356: Provisions in case of failure of constitutional machinery in State
• (1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may be Proclamation
• (a) Assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or anybody or authority in the State other than the Legislature of the State; (b) Declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;

Refer: https://www.insightsonindia.com/2023/07/06/article-355-and-article-226/

Ans: (b)

Explanation:

• The presidential proclamation imposing President’s Rule is subject to judicial review. The satisfaction of the President must be based on relevant material. The action of the president can be struck down by the court if it is based on irrelevant or extraneous grounds or if it was found to be malafide or perverse.
• Secularism is one of the ‘basic features’ of the Constitution. Hence, a state government pursuing anti-secular politics is liable to action under Article 356.

Refer: https://www.insightsonindia.com/2023/07/06/article-355-and-article-226/

Ans: (b)

Explanation:

• Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.
• Notably, the president can act either on a report of the governor of the state or otherwise too (ie, even without the governor’s report).
• A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue. If approved by both the Houses of Parliament, the President’s Rule continues for six months.
• Parliamentary approval: Every six months, Parliament’s approval is required to continue the imposition of President’s Rule.

Refer: https://www.insightsonindia.com/2023/07/06/article-355-and-article-226/

Ans: (b)

Explanation:

• 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.

Refer: https://www.insightsonindia.com/2023/07/06/article-355-and-article-226/

Ans: (b)

Explanation:

• Statement 1 – The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution.
• Statement 2 – Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and not any other right like non-fundamental constitutional rights, statutory rights, customary rights and so on.
• Statement 3 – In case of the enforcement of Fundamental Rights, the jurisdiction of the Supreme Court is original but not exclusive. It is concurrent with the jurisdiction of the high court under Article 226.
• Statement 4 – Article 32 cannot be invoked simply to determine the constitutionality of an executive order or a legislation unless it directly infringes any of the fundamental rights.

Refer: https://www.insightsonindia.com/2023/07/06/article-355-and-article-226/

Ans: (b)

Explanation

• Article 341 of the Constitution provides certain privileges and concessions to the members of Scheduled Castes.
• Under the provision of Article 341, first list of SCs in relation to a states/UT is to be issued by a notified Order of the President after consulting concerned state Government.
• But the clause (2) of Article 341 envisages that, any subsequent inclusion in or exclusion from the list of Scheduled Castes can be effected through an Act of Parliament.
• Parliament alone is vested with the power to include or exclude any entry in the SC list under Article 341 of the Constitution.
• Statement 3: Reservation is there only in the Lok Sabha.

Refer: https://www.insightsonindia.com/2023/07/06/plea-to-make-scheduled-caste-status-religion-neutral/

Ans: (a)

Explanation

• Every Census in independent India from 1951 to 2011 has published data on Scheduled Castes and Scheduled Tribes, but not on other castes.
• Our Constitution too favours conducting a caste census. Article 340 mandates the appointment of a commission to investigate the conditions of socially and educationally backward classes and make recommendations as to the steps that should be taken by governments.
• The Justice Rohini committee was appointed in 2017 to look into the sub-categorisation of the OBC communities.

Refer: https://www.insightsonindia.com/2023/07/06/plea-to-make-scheduled-caste-status-religion-neutral/

Ans: (b)

Explanation

• Under Article 341 of the Constitution, the President may “specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall…be deemed to be Scheduled Castes”.
• The first order under this provision was issued in 1950, and covered only Hindus. Following demands from the Sikh community, an order was issued in 1956, including Sikhs of Dalit origin among the beneficiaries of the SC quota. In 1990, the government acceded to a similar demand from Buddhists of Dalit origin, and the order was revised to state: “No person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of Scheduled Caste.”
• The Department of Personnel and Training (DoPT) website states, “The rights of a person belonging to a Scheduled Tribe are independent of his/her religious faith.” Following the implementation of the Mandal Commission report, several Christian and Muslim communities have found place in the Central and state lists of OBCs.

Refer: https://www.insightsonindia.com/2023/07/06/plea-to-make-scheduled-caste-status-religion-neutral/

Ans: (b)

Explanation

• Context: The PM has congratulated new homeowners in Bengaluru’s first project under SWAMIH Fund which has helped more than 3000 families in owning their dream homes.
• What is the SWAMIH Investment Fund?
  • The Special Window for Affordable and Mid-Income Housing (SWAMIH) is a social impact fund specifically formed (in 2019) for completing stressed and stalled residential projects.
• The Fund is sponsored by the Ministry of Finance and is managed by SBICAP Ventures Ltd – a State Bank Group company.
• It is considered the lender of last resort for distressed projects since it considers –
  • First-time developers,
  • Established developers with troubled projects,
  • Developers with a poor track record of stalled projects,
  • Customer complaints and NPA accounts, and
  • Even projects where there are litigation issues.

Refer: https://www.insightsonindia.com/2023/07/06/swamih-investment-fund/

Ans: (a)

Explanation:

• Context: A recent study suggests that the colossal and mysterious “Gravity Hole” in the Indian Ocean may be the remnants of an ancient sea that disappeared millions of years ago.
• What is a Gravity Hole?
  • A “Gravity Hole” refers to a large gravity anomaly, an area where gravity is significantly different from the surrounding regions. It is characterized by a substantial decrease in gravitational pull compared to the expected value based on the Earth’s normal gravitational field.
  • The causes of gravity holes can vary, including geological structures, variations in mass distribution, or other factors that affect the gravitational field in a particular area.
  • The phenomenon is estimated to have formed approximately 20 million years ago and is expected to endure for millions more.
• The Gravity Hole is a massive region in the Indian Ocean, about 1,200 kilometres southwest of the southernmost tip of India, and has such a low pull of gravity that the sea level of the Indian Ocean over the “hole” is around 106 metres below the global average. This pronounced dip in the ocean is called Indian Ocean geoid low (IOGL) and was discovered in 1948
• Known as the Indian Ocean geoid low (IOGL), this vast depression spans over 2 million square miles and lies more than 600 miles beneath the Earth’s crust.
• The study proposes that the IOGL consists of slabs from the Tethys Ocean, which was a sea that separated the supercontinents of Gondwana and Laurasia.
• The Tethys Ocean is believed to have influenced the African Large Low Shear Velocity province, generating plumes beneath the Indian Ocean.

Refer: https://www.insightsonindia.com/2023/07/06/gravity-hole/