UPSC Static Quiz, 10 June 2023

Correct Answer: C
Explanation
• Option C is correct.
• Starred Question is one to which a member desires an oral answer from the Minister in the House and is required to be distinguished by him/her with an asterisk. Answer to such a question may be followed by supplementary questions by members.

Correct Answer: D
Explanation
• All the options are correct.
• Fraternity essentially means that all the citizens should behave like members of the same family. No one should treat a fellow citizen as inferior. The Preamble declares that fraternity has to assure two things—the dignity of the individual and the unity and integrity of the nation. The word ‘integrity’ has been added to the Preamble by the 42nd Constitutional Amendment (1976).
• Option 1 is correct. The Sixth Schedule of the Constitution provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in these states. It promotes fraternity by upholding the dignity of the tribal people as they can govern themselves according to their customs and values and also within the larger framework of nationalism, Sixth Schedule fulfils their needs and aspirations, thus promoting unity and integrity of the nation.
• Option 2 is correct. Part-IV of Indian Constitution deals with directive principles of state policy which are instructions to the state. It aims to establish social and economic democracy through a welfare state. It promotes fraternity by upholding dignity of an individual through provisions like Article 39(b) [the equitable distribution of material resources of the community for the common good], Article 39(c) [prevention of concentration of wealth and means of production], article 43 [living wage for workers], etc. Further, unity and integrity is upheld through provisions like article 44 [uniform civil code for the citizens], etc.
• Option 3 is correct. Part III deals with fundamental rights and does talk about the fraternity ideal implicitly. Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Value of Fraternity gets manifested in the Fundamental right through provisions like Article 17 [ban of untouchability to uphold dignity of an individual], Article 23 [ban on child labour], Article 25 [secularism promotes unity and integrity], etc.
• Option 4 is correct. The idea of fraternity finds mention in Art. 51A(e) of (Part-IV A) i.e., fundamental duties, where it is the duty of every citizen “to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practice derogatory to the dignity of women”.

Correct Answer: C
Explanation
• Statement 3 is correct. Statements 1 and 2 are incorrect.
• Statement 1 is incorrect. The President enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts. He cannot be arrested or imprisoned. However, after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.
• Statement 2 is incorrect. There is no such provision of getting prior permission of the President of India to arrest a cabinet minister.
• If Parliament is not in session, a cabinet minister can be arrested by a law enforcement agency in case of a criminal case registered against him. As per Section 22 A of the Rules of Procedures and Conduct of Business of the Rajya Sabha, the Police, Judge or Magistrate would, however, have to intimate the Chairman of the Rajya Sabha about the reason for the arrest, the place of detention or imprisonment in an appropriate form.
• Statement 3 is correct. According to the collective privileges (privileges belonging to each House of Parliament collectively), no person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer.

Correct Answer: D
Explanation
• Statements 1, 3 and 4 are correct. Statement 2 is incorrect.
• Recently, the Supreme Court expressed concern about states withdrawing general consent to the Central Bureau of Investigation (CBI) for investigating cases. At present, eight states have withdrawn general consent to the agency. The court observed this as “not a desirable position.”
• Statement 1 is correct. The Central Bureau of Investigation (CBI) owes its origin to the Special Police Establishment, constituted by the British government in 1941, which was substituted by the Delhi Special Police Establishment (DSPE) Act, 1946. The CBI came into existence on 1 April, 1963, through a Government of India resolution. The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962-64).
• Statement 2 is incorrect. According to Section 24 of the RTI act, intelligence and security organizations specified in the Second Schedule is exempted under the provisions of the act. However, Delhi high court in 2017 has directed the Central Bureau of Investigation (CBI) to reveal information related to corruption, so there is no absolute exemption.
• Also, the CIC has said that the CBI cannot take refuge in the exemption clause under the Right to Information (RTI) Act to deny information related to corruption cases. Thus, they are not completely exempted from the ambit of RTI.
• Statement 3 is correct. Section 5 of the DSPE Act empowers special police establishments (SPEs), including CBI, to investigate cases in the states. Section 6 of the DSPE Act restricts the powers of SPEs under section 5 and puts the condition of the consent of the state government to investigate any case in that state. So, the CBI must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state. Unlimited jurisdiction of CBI is confined to Union Territories and Railway areas (and not to states), under this Act.
• Statement 4 is correct. The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003.

Correct Answer: C
Explanation
• Statements 1 and 3 are correct. Statement 2 is incorrect.
• The National Commission for Protection of Child Rights (NCPCR) plays a very important role in Indian society. It emphasizes the principle of universality and inviolability of child rights and recognizes the tone of urgency in all the child-related policies of the country.
• Statement 1 is correct. The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005. The NCPCR is a statutory body under the administrative control of the Ministry of Women & Child Development, Government of India.
• Statement 2 is incorrect. Anyone who is a person of eminence and has done outstanding work for promoting the welfare of children can be appointed as Chairperson. There are no mandatory requirements such as being a retired Judge of either the High Court or the Supreme Court.
• Statement 3 is correct. One of the Core Mandates of the Commission is to inquire into complaints of violations of child rights. The commission is also required to take Suo moto cognizance of serious cases of violation of child rights and to examine factors that inhibit the enjoyment of rights of children.