UPSC Prelims Research: Indian Polity 2019

Q. Consider the following statements:

1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (b) 2 only

Notes:

• The thirty-ninth Amendment of the Constitution of India; enacted on 10th August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts.
  • It was passed during the Emergency of 1975–1977.
  • This amendment act removed the authority of the Supreme Court to adjudicate petitions regarding elections of the President, Vice President, Prime Minister and Speaker of the Lok Sabha.
  • Instead, a body constituted by Parliament would be vested with the power to resolve such election disputes.
• The ninty-ninth Constitutional Amendment of India would have established the National Judicial Appointments Commission.
  • The National Judicial Appointments Commission (NJAC) was a body tasked with appointing judges to the higher judiciary in India.
  • Article 124 of the Constitution was amended through the 99th Amendment to reflect the change in the system of appointments from the collegium system.
  • But, in 2015, the Constitution Bench of Supreme Court by 4:1 majority upheld the collegium system and struck down the NJAC as unconstitutional.

Forty-Fourth Amendment Act, 1978

• Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years).
• Restored the provisions with regard to the quorum in the Parliament and state legislatures.
• Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges.
• Gave constitutional protection to publication in a newspaper of true reports of the proceedings of the Parliament and the state legislatures.
• Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
• Deleted the provision which made the satisfaction of the president, governor, and administrators final in issuing ordinances.
• Restored some of the powers of the Supreme Court and high courts.
• Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
• Made the President to declare a national emergency only on the written recommendation of the cabinet.
• Made certain procedural safeguards with respect to a national emergency and President’s rule.
• Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
• Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.
• Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.

Also Read: Important Amendments in Indian Constitution

Q. Consider the following statements:

1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act 1968.
2. The Constitution of India defines and gives details or what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct?

(a) 1 and 2
(b) 3 only
(c) 3 and 4 only
(d) 1, 3 and 4

Answer: (c) 3 and 4 only

Notes:

• The Judges (Inquiry) Act,1968 contains the detailed procedures for the removal of Judges of the Supreme Court or the High Court. Under this Act, the Chairman or the Speaker may or may not admit the motion of impeachment.
• The constitution nowhere defines the term “incapacity and proved misbehavior”.
• The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment.
• The motion for removal of a Judge is to be signed by 50 members of the Rajya Sabha or 100 members of Lok Sabha and it has to be passed by a majority of the House and 2/3rd of those present and voting in the same session

Impeachment of CJI

• There is no specifically any provision in the Constitution that deals with the impeachment of the CJI.
• “Proved misbehaviour or incapacity” is mentioned in Article 124(4) of the Constitution.
• It is the ground for impeachment of a Supreme Court judge. The CJI is only the first among equals.
  • Hence, the CJI too, like other judges of the SC and HCs, can be impeached on this ground.

Impeachment procedure:

• The Judges (Inquiry) Act, 1968 contains details of the process.
• The motion is to be signed by 50 members of Rajya Sabha or 100 members of Lok Sabha.
• If it is admitted, an inquiry committee will probe the charges.
• It will consist of an SC judge, a Chief Justice of an HC and a distinguished jurist.
• If the charges stand proven, the motion is to be presented to each House of Parliament.
• It has to be passed by a majority of the House and 2/3rds of those present and voting in the same session.
• Even if the charges are proved, the Parliament is not bound to remove the judge.
• Finally, the President will issue the order removing the judge.
• Judge’s Right – The particular Judge has the right to be heard.
• However, this is not available at the time of admission of the motion.
• During the inquiry, the judge has the full right to defend.

Q. The Ninth Schedule was introduced in the Constitution of India during the prime ministership of

(a) Jawaharlal Nehru

(b) Lal Bahadur Shastri

(c) Indira Gandhi

(d) Morarji Desai

Answer: (a) Jawaharlal Nehru

Ninth Schedule:

• The Ninth Schedule of the Indian Constitution contains a list of central and state laws which cannot be challenged in courts. 
• It was added by the Constitution (First Amendment) Act, 1951. The 13 laws were added to the schedule through the first Amendment in 1951.
• The Ninth Schedule was added to the Constitution in 1951 through the First Amendment Act in response to the Supreme Court’s decision in the Shankari Prasad case(1951), which had ruled that laws enacted by the Parliament could be challenged if they violated the fundamental rights guaranteed by the Constitution.
• The Ninth Schedule is a special provision in the Constitution of India that allows the legislature to exempt certain laws from judicial review through a constitutional amendment.
• The Ninth Schedule was brought by adding new Article 31B, which along with Article 31A enacted with the aim of protecting laws related to agrarian reform and to abolish the Zamindari System.
• The laws included in the Ninth Schedule are immune to being challenged in the court on the grounds of inconsistency with the fundamental rights guaranteed by the Constitution of India.

Q. 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

Answer: (a) 1 and 2 only

Concept of ‘Office of Profit’:

• MPs and MLAs, as members of the legislature, hold the government accountable for its work.
• The essence of disqualification under the office of profit law is if legislators holds an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly.
• The intent is that there should be no conflict between the duties and interests of an elected member.
• Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution-
  • The principle of separation of power between the legislature and the executive.

What Constitutes an ‘Office of Profit’?

• The law 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.
• An office of profit has been interpreted to be a position that brings to the office-holder some financial gain, or advantage, or benefit.
  • The amount of such profit is immaterial.
• In 1964, the Supreme Court ruled that the test for determining whether a person holds an office of profit is the test of appointment.
• Factors which are considered in this determination includes:
  • Whether the government is the appointing authority
  • Whether the government has the power to terminate the appointment
  • Whether the government determines the remuneration
  • What is the source of remuneration
  • Power that comes with the position

What does the Constitution say about holding an ‘Office of Profit’?

• Under Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the central or state government.
  • The articles clarify that “a person shall not be deemed to hold an office of profit under the government of India or the government of any state by reason only that he is a minister”.
• Provisions of Articles 102 and 191 also protect a legislator occupying a government position if the office in question has been made immune to disqualification by law.
• Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended five times to expand the exempted list.
• The Parliament (Prevention of Disqualification) Act, 1959 lists certain offices of profit under the central and state governments, which do not disqualify the holders from being an MP or MLA/MLC respectively.
  • There is no bar on how many offices can be exempted from the purview of the law.

Related Judgments of the Supreme Court

• CM will be disqualified under Section 9A of the Representation of Peoples’ Act, 1951 in view of three judgments of the apex court.
  • Under that section, a contract has to be made for the supply of goods or the execution of any work undertaken by the government.
• A constitution bench of the Supreme Court in 1964 in the case of CVK Rao vs Dentu Bhaskara Rao has held that a mining lease does not amount to a contract of supply of goods.
• In 2001, a three-judge bench of the apex court in the case of Kartar Singh Bhadana vs Hari Singh Nalwa & others also made it clear that a mining lease does not amount to execution of a work undertaken by the government.
• Even if the CM is disqualified by any authority, he can challenge it in the high court and in that case and as per a Supreme Court order, the adjudication has to be completed within four months.
  • Under Article 164 (4), one person can be a minister for six months without being a member.

Q. 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

Answer: (b) Fifth Schedule

Notes:

• 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 or shall not apply to a Scheduled Area or any part thereof in the State.
• Thus, under Fifth Schedule, transfer of tribal land to private parties for mining can be declared null and void. 

Q. 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.

Answer: (b) The Supreme Court of India is not constrained in the exercise of its powers by the laws made by Parliament.

Notes:

• Article 142 of the Indian Constitution deals with the enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc
• 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 order 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.
• Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

Also read: Article 142

Q. With reference to the Legislative Assembly of a State in India, consider the following statements:

1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (c) Both 1 and 2

Notes:

• Article 176(1) of the Constitution of India enjoins that the Governor shall address both the Houses assembled together at the commencement of the first Session after each general election to the Assembly and at the commencement of the first session of each year and inform the Legislature of the causes of its Summons.
• Article 208 deals with the Rules of Procedure in State Legislatures. It states that:
  • A House of the Legislature of a State may make rules for regulating subject to the provisions of this Constitution, its procedure and the conduct of its business.
  • Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the corresponding Province shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly, or the Chairman of the Legislative Council, as the case may be.
• So in case, when there is no rule on a particular subject in the State Legislature, under a convention since colonial times, state legislatures follow the rules of the Lok Sabha.

Q. Consider the following statements:

1. As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas.
2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
3. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3

Answer: (b) 2 and 3 only

Notes:

• The Indian Forest (Amendment) Bill 2018 permits felling and transit of bamboo grown in non-forest areas.
  • However, bamboo grown on forest lands would continue to be classified as a tree and would be guided by the existing legal restrictions.
• The Forest Rights Act (FRA) of 2006 recognises bamboo as an Minor Forest Produce
• It vests the “right of ownership, access to collect, use and dispose of minor forest produce” with Scheduled Tribes and traditional forest dwellers.
• In 2006, the Forest Rights Act (FRA) for the first time defined minor forest produce as including bamboo and tendu and many other things.
• It also gave tribals and other traditional forest dwellers the “right of ownership, access to collect, use and dispose of minor forest produce, which has been traditionally collected within or outside village boundaries.”

Q. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

(a) Article 19

(b) Article 21

(c) Article 25

(d) Article 29

Answer: (b) Article 21

Notes:

• Article 21 of the Constitution guarantees the right to marry the person of one’s choice. The right to life is guaranteed by the Constitution.
  • This privilege can only be taken away by a law that is substantively, procedurally, and substantively fair, just, and reasonable.
  • Article 21 states that “No person shall be deprived of his life and personal liberty except according to procedure established by law”.
• In the Lata singh vs. state of Uttar Pradesh case ,the Supreme Court viewed the right to marry as a component of right to life under Article 21 of Indian Constitution.
• Article 19 embodies the “basic freedoms” such as protection of certain rights regarding freedom of speech, etc
• Article 25 says “all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.
• Article 29 of Indian Constitution grants protection to both religious minorities as well as linguistic minorities.

Q. Consider the following statements:

1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.
2. In India, there is no Intellectual Property Appellate Board.
3. Plant varieties are not eligible to be patented in India.

Which of the statements given above is/are correct?

(a) 1 and 3 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3

Answer: (c) 3 only

Notes:

• Article 3(J) of the Indian Patent Act, excludes from patentability “plants and animals in whole or in any part thereof other than microorganisms, including seeds, varieties, and species, and essentially biological processes for production or propagation of plants and animals”.
• The Intellectual Property Appellate Board (IPAB) was constituted in 2003 by the Government of India to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999, and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
• Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights (PBRs).
• In India, the Plant Variety Protection And Farmers Rights (PPVFR) Act, 2001 is a sui generis system that aims to provide for the establishment of an effective system for the protection of plant varieties and the rights of plant breeders and farmers.
• There are no laws in India that allow for patenting plants.

Patents Act, 1970

• This principal law for patenting system in India came into force in the year 1972. It replaced the Indian Patents and Designs Act 1911.
• The Office of the Controller General of Patents, Designs and Trade Marks or CGPDTM is the body responsible for the Indian Patent Act.
• The Patent Office has its headquarters in Calcutta and has branches in New Delhi, Chennai and Mumbai. The office of the CGPDTM is based in Mumbai. Nagpur hosts the office of the Patent Information System and also the National Institute for Intellectual Property Management.
• The Controller General supervises the Act’s administration and also offers advice to the government on related matters.
• The Patents Act has been repeatedly amended in 1999, 2002, 2005, 2006 respectively. These amendments were required to make the Patents Act TRIPS compliant. TRIPS stands for Trade-Related Aspects of Intellectual Property Rights.
• The major amendment in the Patent Act was in 2005, when product patents were extended to all fields of technology like food, drugs, chemicals and microorganisms.
  • After the amendment, the provisions relating to Exclusive Marketing Rights (EMRs) have been repealed, and a provision for enabling grant of compulsory license has been introduced.
  • The provisions relating to pre-grant and post-grant opposition have also been introduced.
• The Rules under Patent Act were also amended in 2012, 2013, 2014, 2021.

Patents (Amendment) Rules, 2021

• Patent Fees for Educational Institutions Reduced:
  • Educational institutions engage in many research activities, where professors and teachers and students generate several new technologies which need to be patented for facilitating commercialization of the same.
  • At the time of applying for patents, the innovators have to apply these patents in the name of the institutions which have to pay fees for large applicants, which are very high and thus work as a disincentive.
  • In this regard and to encourage greater participation of the educational institutions, official fees payable by them in respect of various acts under the Patents Rules, 2003, have been reduced by way of the Patents (Amendment) Rules, 2021.
  • Benefits related to 80% reduced fee for patent filing & prosecution have been extended to all educational institutions.
    • This benefit was earlier available to all recognised educational institutions owned by the government.
• Extension of Expedited Examination System:
  • The fastest granted patent is the one which was granted in 41 days after filing of such request. This facility of Expedited Examination system was initially provided for patent applications filed by Startups.
  • It has been now extended to 8 more categories of Patent Applicants:
    • SME (Small and Medium Enterprises), Female applicants, Government Departments, Institutions established by a Central, Provincial or State Act, Government Company, an Institution wholly or substantially financed by the Government and applicants under Patents Prosecution Highway.
      • The Patent Prosecution Highway (PPH) is a set of initiatives for providing accelerated patent prosecution procedures by sharing information between some patent offices.

Q. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?

(a) First Administrative Reforms Commission (1966)

(b) Rajamannar Committee (1969)

(c) Sarkaria Commission (1983)

(d) National Commission to Review the Working of the Constitution (2000)

Answer: (c) Sarkaria Commission (1983)

Sarkaria Commission

• The clash of interest between the centre and the states has been prevalent for a long period. 
• This causes a lot of disturbances in the functioning of the democratic machinery.
• With the progress of time, the country has witnessed several social, economic and political developments with emerging tensions and issues.
• Consensus and Cooperation are key elements for the smooth functioning of the Centre and the States. 
• In this context, the Parliament proposed to appoint a commission in 1983 under the chairmanship of R.S. Sarkaria who was a retired judge of the Supreme Court. 
  • The commission was constituted under the notification of the Ministry of Home Affairs in June 1983.
  • Shri B. Sivaraman and Dr. S. R. Sen were appointed members of the commission. 
  • The commission was entrusted to scrutinise and assess the working of existing arrangements between the Union and States pertaining to powers, functions and responsibilities in all spheres and suggest reforms for better coordination between the centre and states. 
• Sarkaria Commission Report:
  • The commission’s report consists of two parts with the first part containing the main report and the second part comprising the memoranda provided by the state governments and political parties. 
  • The inter-governmental relations in the sphere of legislations and administrations have been covered in the report.
  • The report highlighted the necessity to establish a standing Inter-State Council under Article 263 with an objective to ensure better inter-governmental coordination. 
  • The report includes 247 specific recommendations spread across 19 chapters.
• The chief recommendations of the Sarkaria Commission are mentioned in this section:
  • The Sarkaria Commission recommended the appointment of individuals with considerable years of experience in public service and who have non-partisan attitudes.
  • The states must be empowered to look into the development of the people and effective implementation of the welfare schemes.
  • It supported the idea of cooperative federalism and put forth an observation that federalism is more a functional arrangement for cooperative action, than a static institutional concept. 
  • The state governments should be equipped with sufficient financial resources to reduce their dependency on the central government. 
  • A permanent Inter-State council must be set up to resolve any issue of dispute among the states. 
  • The Sarkaria Commission suggested the empowerment of All-India Services.
  • In matters related to state bills, the states must be communicated while they are vetoed by the President.
  • The commission advocates a consultative process between the centre and states whenever there is a necessity to deploy the armed forces in the states. 
  • It also recommended that the residuary powers to formulate laws in matters related to taxation must remain with the Parliament. Other than the matters of taxation, the residuary field must be categorised under the concurrent list. 
  • According to the report, the President’s rule under Article 356 shall be imposed only under extreme circumstances as a measure of last resort and when it becomes absolutely essential to avert the breakdown of constitutional machinery in the state. 
• Recommendations with respect to the Appointment of the Governor:
  • There should be a procedure of consulting the Chief Minister of the State, the Vice-President of India and the Speaker of Lok Sabha in the process of appointing a Governor.
  • The State governments must be involved in the appointment of the governor with the formation of panels.
  • Governors must be allowed to complete five years of their term in the office.
  • The individual is required to be an eminent person.
  • It is recommended that an individual appointed as the Governor must be from outside the state of appointment. 
  • A detached person who has never indulged in active or local politics will be eligible for the post of governor. 
  • The governor, after demitting the office, shall not be considered eligible for any other appointment or Office of Profit under the government. 
  • Post-retirement benefits must be ensured to the person who held the position of governor. 

Q. Consider the following statements:

1. As per law, the Compensatory Afforestation Fund Management and Planning Authority exists at both National and State levels.
2. People’s participation is mandatory in the compensatory afforestation programmes carried out under the Compensatory Afforestation Fund Act, 2016.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (a) 1 only

Notes:

• The Compensatory Afforestation Fund Act 2016, establishes the National Compensatory Afforestation Fund under the Public Account of India, and a State Compensatory Afforestation Fund under the Public Account of each state.
• These funds are to be managed by the National and State Compensatory Afforestation Fund Management and Planning Authorities, also set up under the Act.
  • However, there is no mention in the Act of mandatory people’s participation in carrying out programmes under the Act.

Q. In India, which of the following review the independent regulators in sectors like telecommunications, insurance, electricity, etc.?

1. Ad Hoc Committees set up by the Parliament
2. Parliamentary Department Related Standing Committees
3. Finance Commission
4. Financial Sector Legislative Reforms Commission
5. NITI Aayog

Select the correct answer using the code given below:

(a) 1 and 2
(b) 1, 3 and 4
(c) 3, 4 and 5
(d) 2 and 5

Answer: (a) 1 and 2

Notes:

• In India, there are 24 Department Related Standing Committees that comprise members from both Houses of Parliament.
  • These committees are ministry-specific and may review the working of regulators within their respective departments.
  • For example, in August 2012, the Standing Committee on Energy presented a report on the functioning of the Central Electricity Regulatory Commission’.
  • In 2011, the Standing Committee on Information Technology had listed the functioning of TRAI for examination.
• Parliament may also establish ad-hoc committees which may examine the working of regulators.
  • For instance, the terms of reference of the Joint Parliamentary Committee (JPC) on the allocation of the 2G spectrum include the review of the policy on spectrum pricing and grant of telecom licences.
  • Another example of parliamentary oversight through ad-hoc committees is the scrutiny of the working of SEBI and RBI by the JPC on the stock market scam. 
• Finance Commission and NITI Aayog are of advisory nature, they do not review the functioning of any regulator.
• The Financial Sector Legislative Reforms Commission was set up once to review financial legislation and not regulators in the country. 

Q. Which of the following statements is/are correct regarding the Maternity Benefit (Amendment) Act, 2017?

1. Pregnant women are entitled for three months pre-delivery and three months post-delivery paid leave.
2. Enterprises with creches must allow the mother minimum six creche visits daily.
3. Women with two children get reduced entitlements.

Select the correct answer using the code given below.

(a) 1 and 2 only
(b) 2 only
(c) 3 only
(d) 1, 2 and 3

Answer: (c) 3 only

Maternity Benefit Act 1961

• It was originally passed to regulate the employment of women in “certain establishments” for the period before and after childbirth and to provide for maternity benefit and certain other benefits.
• Originally, it applied to every establishment being a factory, mine or plantation.
• In 1973, it was extended to “any such establishment belonging to the Government” and “every establishment where persons are employed for the exhibition of equestrian, acrobatic and other performances.”
• No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
• The right to paid maternity leaves was also given, although the period of such leave could not exceed twelve weeks.
• For availing maternity benefits, a woman is mandated to work in the establishment for at least 160 days in the 12 months immediately preceding the date of her expected delivery.
• Violating provisions of the Act could result in 3 months’ punishment, with or without a fine

The Maternity Benefits (Amendment) Act 2017

• It amended Section 5 of the erstwhile Act to allow 26 weeks of paid leave after childbirth, although only to biological mothers.
• The amendment inserted Section 5(4) which said that adoptive or surrogate mothers legally adopting a child below three months will be entitled to a maternity benefit period of 12 weeks from the date the child is handed over to the mother.
• Further, it inserted provisions to allow women to work from home under Section 5(5), where the nature of work assigned to a woman is of such nature.
  • The employer may allow her to do so after availing of the maternity benefit for such a period.
• Under the amended Act, every establishment having fifty or more employees shall have the facility of creche and the employer must allow four visits a day to the creche as well as rest intervals for her.

Q. In the context of any country, which one of the following would be considered as part of its social capital?

(a) The proportion of literates in the population

(b) The stock of its buildings, other infrastructure and machines

(c) The size of population in the working age group

(d) The level of mutual trust and harmony in the society

Answer: (d) The level of mutual trust and harmony in the society

Notes:

• The stock of its buildings, other infrastructure, and machines implies a physical capital.
• Social capital is the values, beliefs, and attitudes that govern the nature of social interactions.
• Social capital refers to connections among individuals – social networks and the norms of reciprocity and trustworthiness that arise from them i.e the level of mutual trust and harmony in the society.

Q. With reference to the Constitution of India, consider the following statements:

1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Notes:

• Both the SC and HCs have the jurisdiction to question the validity of a constitutional amendment or a central law.
• Though the 42nd Amendment Act of 1976 curtailed the judicial review power of high courts and debarred the high courts from considering the constitutional validity of any central law.
• However, the 43rd Amendment Act of 1978 restored the original position of the high courts and now the High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
• High Courts have the jurisdiction to declare any central law to be constitutionally invalid.
• As the Supreme Court is the guardian of the Constitution and so any constitutional amendment that is against the basic structure of the constitution which was derived in Keshava Nanda Bharti case, 1973 can be nullified by the Supreme Court.
  • The ‘basic structure’ doctrine has since been interpreted to include
    • the supremacy of the Constitution,
    • the rule of law,
    • Independence of the judiciary,
    • doctrine of separation of powers,
    • sovereign democratic republic,
    • the parliamentary system of government,
    • the principle of free and fair elections,
    • welfare state, etc.

Q. In the context of polity, which one of the following would you accept as the most appropriate definition of liberty?

(a) Protection against the tyranny of political rulers

(b) Absence of restraint

(c) Opportunity to do whatever one likes

(d) Opportunity to develop oneself fully

Answer: (d) Opportunity to develop oneself fully

Notes:

• The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.
• Liberty, as elaborated in the Preamble, is very essential for the successful functioning of the Indian democratic system.
• However, liberty does not mean ‘license’ to do what one likes and has to be enjoyed within the limitations mentioned in the Constitution itself.
• In brief, the liberty conceived by the Preamble or fundamental rights is not absolute but qualified.
• Though, liberty in a narrow sense is the absence of restraints. But wider interpretation of liberty is positive and that is facilitating the overall development of an individual.
• Hence in the above question the most appropriate definition of liberty is to provide opportunity to develop oneself fully.

Must Read: Positive and Negative Liberty