UPSC STATIC QUIZ – Polity : 9 March 2024

Solution: c)

Proportional Representation is being followed in Rajya Sabha and Presidential elections.

Even though powers are not strictly separated between legislature and executive, there is some separation of powers in the functioning of regulatory bodies like RBI, SEBI and the departments.

Religious intolerance is not only against freedom of expression but also tends to threaten secularism.

The constitution encourages building of scientific temper under fundamental duties.

Solution: b)

Statement 2 is incorrect.

Article 19(1)(g) of the Constitution guarantees freedom to carry out any occupation, trade or business.

In 2005, the Constitution was amended to allow reservation in private educational institutions for socially and educationally backward classes and Scheduled Castes and Scheduled Tribes.

Note that this amendment applies to admissions in private educational institutions and not to jobs in the private sector.

There may be reasonable restrictions “in the interests of the general public”, and in particular related to specifying any professional or technical qualifications, or to reserve a sector for government monopoly.

In the Indra Sawhney case in 1992, the Supreme Court capped reservations in public services at 50%. It however said that there may be extraordinary situations which may need a relaxation in this rule.

Solution: b)

Statement 1 is incorrect.

The Fundamental Rights lie at the heart of the Constitution, and are justiciable — that is, they are legally enforceable in a court of law.

In its landmark Minerva Mills judgment (1980), the Supreme Court held: “Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles). To give absolute primacy to one over the other is to disturb the harmony of the Constitution.”

Article 31C says that if a law is made to implement any of the Directive Principles, it cannot be challenged on the ground of being violative of the Fundamental Rights under Articles 14 and 19.

Solution: a)

Reservation in Indian law is a form of affirmative action whereby a percentage of seats are reserved in the public sector units, union and state civil services, union and state government departments and in all public and private educational institutions, except in the religious/ linguistic minority edu­cational institutions, for the socially and educationally backward communities who are inadequately represented in these services and institutions.

Justice G. Rohini Committee was set up to examine the possibility of creating categories within OBCs for the reservation to ensure “equitable distribution” of representation among all OBC communities. Its objectives include working out a mechanism, criteria, norm and parameters through a scientific approach for sub-categorisation within the OBCs and identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs and classifying them into their respective sub-categories.

Part XVI deals with reservation of SC and ST in Central and State legislatures.

Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.

Solution: b)

Statement 2 is incorrect.

What is Uniform Civil Code?

A UCC would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption etc.

All Hindus of the country are not governed by one law, nor are all Muslims or all Christians. For instance, in the Northeast, there are more than 200 tribes with their own varied customary laws. The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram. Even reformed Hindu law, in spite of codification, protects customary practices.

The exception to this rule is the state of Goa, where all religions have a common law regarding marriages, divorces, and adoption.

What does the Constitution say about a UCC?

Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for citizens throughout the territory of India.

Article 44 is among the Directive Principles of State Policy. Directive Principles are not enforceable by court, but are supposed to inform and guide governance.

“However, in some senses, Article 44 is unique in this manner. While Article 44 uses the words “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall in particular direct its policy”; “shall be obligation of the state” etc. Furthermore, the phrase “by suitable legislation” is absent in Article 44. All this implies that the duty of the state is greater in other directive principles than in Article 44,”