376: Consider the following statements:
1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of Office of Profit.
2. The above-mentioned Act was amended five times.
3. The term Office of Profit is well-defined in the Constitution of India.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Explanation:
Statement 1 - The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification. Like-
(i) Ministers of State and Deputy Ministers,
(ii) Parliamentary Secretaries and Parliamentary Under Secretaries,
(iii) Deputy Chief Whips in Parliament,
(iv) Vice-Chancellors of Universities,
(v) Officers in the National Cadet Corps, and the Territorial Army, and
(vi) the Chairman and members of Advisory Committees set up by the Government when they are not entitled to any fee or remuneration other than compensatory Etc. Hence, Statement 1 is correct.
Statement 2 It has been amended 5 times since its formulation 1960, 19992,1993,2006 and 2013. Hence, statement 2 is correct.
Statement 3 The law or the constitution of India does not clearly define what constitutes an office of profit but the definition has evolved over the years with interpretations made in various court judgments. Hence Statement 3 is incorrect. By this information we can eliminate option b, c and d.
377: Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
(a) Third Schedule
(b) Fifth Schedule
(c) Ninth Schedule
(d) Twelfth Schedule
Explanation:
Grant of mineral concessions in Scheduled Areas is guided by the provisions contained in article 244 along with Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal Areas and the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or any other relevant statutory acts protecting the interests of tribals.
Under the fifth Schedule, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area.
Source: https://mines.gov.in/writereaddata/UploadFile/NMP12032019.pdf
378: Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:
1. PVTGs reside in 18 States and one Union Territory.
2. A stagnant or declining population is one of the criteria for determining PVTG status.
3. There are 95 PVTGs officially notified in the country so far.
4. Irular and Konda Reddi tribes are included in the list of PVTGs.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1, 2 and 4
(d) 1, 3 and 4
Explanation:
There are 75 Particularly Vulnerable Tribal Groups (PVTGs), not 95, notified as on date in the country. The criteria followed for determination of PVTGs are as under:
i. A pre-agriculture level of technology;
ii. A stagnant or declining population;
iii. Extremely low literacy; and
iv. A subsistence level of the economy. Hence, statement 3 is incorrect, which gives us option C as the correct answer by elimination method.
Source: http://pib.nic.in/newsite/PrintRelease.aspx?relid=178257
https://tribal.nic.in/DivisionsFiles/SwLPVTGs.pdf
379: The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the
(a) Morley-Minto Reforms, 1909
(b) Montagu-Chelmsford Act, 1919
(c) Government of India Act, 1935
(d) Indian Independence Act, 1947
Explanation:
Indian councils act 1892 aimed at giving further opportunities for the non official members for participation in the activities of government. First attempt to introduce the popular element was done by Morley-Minto reforms through Indian Councils Act 1909 which later followed by Montagu-Chemsford reforms which led to Government of India Act 1919. This act introduced Bicameralism for the 1st time. In the provinces Dyarchy was introduced which aimed at providing responsible government in the provinces. As this act couldn't satisfy the aspirations of the people Government of India Act 1935 came in to being which introduced Federation & provincial autonomy. It had provision of distribution of power between centre & states.
380: With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
(a) The decisions taken by the. Election Commission of India while discharging its duties cannot be challenged in any court of law.
(b) The Supreme Court of India is not constrained in the exercise of its powers by the laws made by Parliament.
(c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
(d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.
Explanation:
Article142- Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.
Source: https://indiankanoon.org/doc/500307/