DAY 22 (08-10-23)
Q1. With reference to Central Bureau of Investigation (CBI), consider the following statements :
- It is a not a statutory body.
- It is exempted from the purview of Right to Information Act.
- It works under the Ministry of Home Affairs.
- Its establishment was recommended by the Santhanam Committee.
How many of the above statements are correct?
(a) Only one
(b) Only two
(c) Only three
(d) All four
Answer: (c)
Explanation:
Statement 1 and 2 are correct: The CBI is not a statutory body but derives its power to investigate from the Delhi Special Police Establishment Act, 1946. It is exempted from the purview of Right to Information Act.
Statement 3 is incorrect: CBI was set up in 1963 by a resolution of the Ministry of Home Affairs but now it works under Ministry of Personnel, Pension and Public Grievances.
Statement 4 is correct: The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
Q2. With reference to Pradhan Mantri Matru Vandana Yojana, consider the following statements :
- It provides a cash incentive of ₹ 6000/- to Pregnant Women and Lactating Mothers of 19 years of age or above for the first live birth.
- It is a Central Sector Scheme.
- It aims to compensate for the wage loss due to pregnancy and to ensure adequate nutrition for the mother and the child.
- It also applies to women who are in regular employment with the Central Government or the State Governments or PSUs.
How many of the above statements are correct?
(a) Only one
(b) Only two
(c) Only three
(d) All four
Answer: (a)
Explanation:
Statement 1 and 2 are incorrect: Pradhan Mantri Matru Vandana Yojana (PMMVY) is a Centrally Sponsored DBT scheme that provides a cash incentive of ₹ 5000/- to Pregnant Women and Lactating Mothers of 19 years of age or above for the first live birth. The incentive is paid in three installments upon fulfilling certain health and nutrition conditions.
Statement 3 is correct: The scheme aims to compensate for the wage loss due to pregnancy and to ensure adequate nutrition for the mother and the child. It also encourages women to seek timely antenatal care, institutional delivery and immunization for themselves and their children, thereby reducing maternal and infant mortality rates.
Statement 4 is incorrect: The scheme is applicable only for the first live birth and excludes miscarriage, stillbirth and abortion. The scheme applies to women who are employed and have experienced a wage loss due to pregnancy. The scheme does not apply to women who are in regular employment with the Central Government or the State Governments or PSUs or those who are receiving similar benefits under any law.
Q3. Consider the following statements :
- In any civilized society, the fundamental right cannot be guaranteed absolutely and without restrictions.
- The power to impose such restrictions by law is conferred on the state by the constitution.
How many of the above statements are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (c)
Explanation:
Statement 1 is correct: In any civilized society the fundamental right cannot be guaranteed absolutely and without restrictions. Rights guaranteed without any restrictions will result in chaos and anarchy. To guarantee absolute fundamental rights is detrimental to the society. ‘If people were given complete and absolute liberty without any social control the result would be ruin’.
Statement 2 is correct: The Supreme Court in A. K. Gopalan case expressed that ‘man as a rational being desires to do many things, but in a civil society his desires have to be controlled, regulated and reconciled with the exercise of similar desires of other individuals’. Therefore, in order to uphold the collective liberty of the society and enable smooth exercise of fundamental rights by every member if society, the individual rights are to be restricted. The power to impose such restrictions by law is conferred on the state by the constitution. However, such restrictions have to be only the grounds given in Articles 19 (2) to (6) corresponding to the rights guaranteed by Article 19 (1) and must be a ‘reasonable restriction’.
Q4. A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law violates which one of the following Articles of the Constitution of India?
(a) Article 14
(b) Article 28
(c) Article 32
(d) Article 44
Answer: (a)
Explanation:
Article 14 of Indian Constitution says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The concept of ‘equality before law’ is an element of the concept of ‘Rule of Law’. This concept has the following three elements or aspects:
- Absence of arbitrary power
- Equality before the law, that is, equal subjection of all citizens to the ordinary law of the land
- The constitution is the result of the rights of the individual
The first and the second elements are applicable to India. This means ‘equality before law’ under Article 14 connotes the absence of arbitrary power with the authorities. Thus, when a legislation confers uncontrolled discretionary powers on any authority, it tends to violate the article 14 of the constitution.
Q5. Under the Indian constitution concentration of wealth violates :
(a) The Right to Equality
(b) The Directive Principles of State Policy
(c) The Right to Freedom
(d) The Concept of Welfare
Answer: (b)
Explanation:
The concentration of wealth violates the Directive principles of state policy. Under Article 39 of the Constitution of India, the State shall direct its policy towards ensuring that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.