UPSC STATIC QUIZ – Polity : 25 January 2024

Solution: a)

Only Statement 1 is correct.

Sovereignty simply implies that India is a state that takes its own decisions ultimately guided by the people. No external agency dictates terms to India. 

However, the notion of sovereignty does not seep into the framework of all democratic rights. For e.g. a sovereign state might very well discriminate between its citizens.

A sovereign state may very well restrict freedom of speech, as it is not an absolute right, even though it is vital to a democracy.

Solution: d)

Parliamentary democracy, with a cabinet form of government, is part of the basic structure of the Indian Constitution. Its first article reads, “India that is Bharat shall be a Union of States.”

The Constitution has mandated a federal balance wherein independence of a certain required degree is assured to the State Governments.

As opposed to centralism, a balanced federal structure mandates that the Union does not usurp all powers and the States enjoy freedom without any unsolicited interference from the Central Government with respect to matters which exclusively fall within their domain.

Solution: c)

Statement 2 is incorrect.

The Court, pointing to its own judgment in K S Puttaswamy, has said that “right to privacy is as sacrosanct as human existence and is inalienable to human dignity and autonomy”. While agreeing that it is not an absolute right, the Court has said any restrictions “must necessarily pass constitutional scrutiny”.

Any surveillance or snooping done on an individual by the state or any outside agency is an infringement of that person’s right to privacy. Hence, any violation of that right by the state, even in national interest, has to follow procedures established by the law.

Solution: c)

What does the Constitution say about minorities?

* Article 29, which deals with the “Protection of interests of minorities”, says that “any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same”

* Article 30 deals with the “right of minorities to establish and administer educational institutions”.

It says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

* Article 350(A) says there shall be a Special Officer for linguistic minorities to be appointed by the President. 

• Solution: c)

   

  Access to justice for the poor is a constitutional mandate to ensure fair treatment under our legal system. Hence, Lok Adalats (literally, ‘People’s Court’) were established to make justice accessible and affordable to all. It was a forum to address the problems of crowded case dockets outside the formal adjudicatory system.

   

  The Constitution (42nd Amendment) Act, 1976, inserted Article 39A to ensure “equal justice and free legal aid”. To this end, the Legal Services Authorities Act, 1987, was enacted by Parliament and it came into force in 1995 “to provide free and competent legal services to weaker sections of the society” and to “organise Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity”.