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Showing posts from September, 2011

Q. What are the constitutional provisions with respect to protection during the custody of persons under general laws?

Q. What are the constitutional provisions with respect to protection during the custody of persons under general laws?
Ans. The Sections (1) and (2) of Article 22 provide the following protection to persons in custody under the general process of law—
(1) The person in custody should be informed, as soon as possible about the grounds of taking such persons in custody.
(2) Such person has the right to seek legal remedies and o consult the legal practitioner of his choice.
(3) Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of 24 hours of such arrest.
(4) Every person who is detained beyond 24 hours without being prod uced to the nearest court has the right to be freed from such custody.
In Madhya Pradesh Vs.
Shobharam case (1966), the Supreme Court decided that the right to know the grounds of arrest continues even after the person is released on bail after such arrest. In Tarpad Vs. State of West Bengal case (1951), the cou…

Q.What are the constitutional provisions with respect to prevention of prostitution?

Ans. Articles 23 and 24 of Part III of the Constitution provide to every person the Fundamental Right against exploitation. Article 23 prohibits the traffic in human beings and practice of forced labor. This indicates  that  the person cannot be sold or purchased like trading goods. In Rajbahadur Vs. Legal Remem. benser (1953) the Supreme Court cstablished that the use of women and children for immoral activities shall be considered as traffic in human beings.
Keeping in view the provisions of Article 23, the Government of India enacted the Suppression of immoral Traffic in Women and Girls Act, 1956. But it generated a new controversy with two contradictions between the provisions of Article 23 and the freedoms guaranteed under Article 19. The controversy was decided by the High Court, Allahabad in Shamabal Vs. State of U.P. case in 1959. The court held that in a situation where the provisions of Article 23 come in conflict with the freedom provided under Article 19, the former shall p…

Q. What is meant by right to security and personal liberty ? What are the constitutional provisions in this regard?

Ans. One of the most important Fundamental Rights is the right to life and personal liberty as provided in Article 21 of the Constitution. According to this article, no person shall be deprived of his life and personal liberty except according to procedure established by law.
The purpose of right to life and personal liberty, as given in Article 21 is to prohibit the interference of the Executive in the field of personal liberties of people. In Gopalan Vs. State of Madras, the Supreme Court ruled that the executive can restrict the personal liberty of citizens only on the ground of procedure established by law. Again, the Supreme Court in Basina Vs. State of Uttar Pradesh (1969), held That the procedure established by law should be strictly and minutely followed by the Executive before depriving a person of right to life and personal liberty. The procedure established by law should not be violated in such a way that it harms the affected person. In the case of Narendra Vs. Gujral, the …

Q. What are the freedoms available to citizens under the Fundamental Rights ? Are those freedoms unlimited?

Ans. Originally, seven freedoms were provided in Article 19(1) of the Constitution, but. in 1978, by 44th Constitution Amendment right to acquire and dispose property was deleted from the Constitution. Thus, at present. there are only six types of freedom available to Indian citizens under the Fundamental Rights, which are given below-
All Citizens of India shall have the right—
(a) to freedom of speech and expression;
b) to assemble peacefully and without arms:
(c) to form associations or unions:
(d) to move freely throughout the the territory of India;
(e) to reside and settle in any part of the territory of India: and
(1) to practice any profession. or to carry on any occupation, trade or business.
These freedoms are available only to Indian citizens. Also, these arc not absolute and unlimited. The Constitution has authorised the Slate to impose reasonable restrictions on these freedom in the larger interest .

of general public. Sections (2) and (6) of Article 19 itself describe these re S …

Q. What is meant by right to equality of opportunity In public employment? What are its exceptions?

Ans. The provisions regarding right to equal opportunity in public employment arc contained in Article 16 of the Constitution. These provisions are—
(1) Every citizen shall enjoy equality of opportunity in public employment.
(2) No citizen shall be discriminated against in the public employment under the Stale only on the grounds of religion, race, caste, place of birth, descent or residence or any of them.
(3) However, Parliament may by law provide for making residence as one of the eligibility conditions for public employment in a State.
(4) The State is empowered to make any provision for the reservation of appointments or posts in favour of any backward class of citizen which, in the opinion of’ the State, is not adequately represented in the services of the State.
(5) The Seventy-Seven (Constitution) Amendment Act, 1995. further broadens the scope of this provision. Thus, the State can make any provision for reservation is matters of promotion to any class or classes of posts in the s…

Q. What is meant by right to equality before law as provided in the Constitution and what are its exceptions?

Ans. Article 14 of the Constitution states, “The State shall not deny to any person equality before law or the equal protection of the laws within the territory of India.”
This provision contains the following three elements—
(1) equality before law;
(2) equal protection of laws; and
(3) it covers any person including foreign nationals staying in India.

(1) Equality Before Law—The term ‘equality before law’ is derived from the ‘Rule of Law’ propounded by British thinker A. V. Dicey. It means all individuals, high and low are subject to the provisions of law; no individual is considered above law; and there are common laws and courts for all individuals, both private persons and government officials. It also means that laws are enacted incorporating notion of equality of treatment in equal situations,

(2) Equal Protection of Laws— This notion is inspired by the American Constitution. It means equal enforcement of laws for all individuals in equal conditions. In fact, this notion is concerned…

Q. What is ‘Martial Law’ ? What are the provisions of the with respect to ‘Martial Law’?

Ans. In literal sense, ‘Martial Law’ refers to military administration, in other words, the Martial Law refers to a condition where civil administration is run by the members of Armed Forces on the basis of their own rules and regulations. There are no specific provisions with respect to the grounds of imposing Martial Law and its administrative scope. The Supreme Court in the case of A.D.M. Jabalpur Vs. S. K. Shukla  (1976) held that no provision of the constitution specifically authorizes the Chief Executive to impose ‘Martial Law’; yet it is implied from Article 34 that ‘Martial Law’ can be imposed in some conditions. In this case, the court has distinguished between the declaration of National Emergency under Article 352 by the President and the declaration of imposition of Martial Law under the provisions of Article 34. The declaration of National Emergency has countrywide effect under Article 359 whereas Martial Law is imposed in some specific area or part of the country. In spe…

Q. Which one between the Fundamental Rights and the Directive Principles of State Policy enjoys the position of priority?

Q. Which one between the Fundamental Rights and the Directive Principles of State Policy enjoys the position of priority?
Ans. In a situation of conflict between the Fundamental Rights (Part Ill) and the Directive Principles of State Policy (Part IV); it becomes a debatable points as to which one should get priority over the other. In 1951, the Supreme Court in State of Madras Vs. Champakam Dorai- rajan case, upheld that in case of contradiction between the provisions of Part Ill and that of Part IV, the former (Fundamental Rights) shall prevail. In another Case related to Kerala Education Bill, 1957, the court declared that the Directive Principles of State Policy cannot get priority over the Fundamental Rights, yet the Directive Principles cannot be ignored totally. In this respect a new Article 31(c) was added in 1971 by 25th Constitutional Amendment which gives priority to the Directive Principles of State Policy in specific situations. It provides that no law giving effect to the …

Political Terms

Adjournment Motion—Usually, the Legislature transacts its business according to the given agenda, but a matter of urgent public importance can be brought before the Legislature and discussed through Adjournment Motion by interrupting its regular business. An Adjournment Motion should be supported by not less than 50 members of the House for being accepted. If accepted, it results in stopping the ongoing business of the House and discussing the matter raised in the Adjournment Motion. The basic idea behind this motion is to give an opportunity to the House to discuss a matter of urgent public importance. The matter should also be of de1ini nature and should have factual basis. The discussion on the matter takes place at 1600 hours and continues for two and half hours. At the end of discussion, voting takes place. Since voting exposes the government strength in the House, the ruling party tries not to allow the acceptance of Adjournment Motion in the House.
Annexation—It refers to an act…

Memorable points

• In order to encourage young voters to take part in the political process, government has decided to create every year as ‘National Voters’ Day’ —January 25
• The US and Russia have finalized  this nuclear arms treaty that limits the number of atomic warheads the two former Cold War foes are allowed to possess —New START
• This legendary vocalist  enthralled generations of connoisseurs with his renditions of Hindustani classical music passed away recently after a prolonged illness
—Pandit Bhimsen Joshi
• Lance Armstrong. who recovered from cancer to win the Tour de France a record seven times, has formally announced his retirement from cycling. Armstrong belongs to —US
• This music composer-director received the World Economic Forum Crystal Award for this year for his contribution to the world of art and culture and for his outreach to improve the state of the world —AR Rahman
• The controversial Girnar Ropeway Project in Gujarat got in-principle approval subject to six specific conditions…

Q. What are the Constitutional provisions with respect to ‘Untouchability’?

Q. What are the Constitutional provisions with respect to ‘Untouchability’?
Ans. Article 17 of the Constitution  declares that untouchability is abolished and its practice in any form is forbidden. It also states that the enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law. The Parliament is authorised to enact laws to enforce the provisions of Article 17. Accordingly the Parliament enacted Untouchability (Removal) Act, in 1955. In l976, this Act was extended and renamed as Civil Rights Protection Act.
The term untouchability has not been precisely defined in the Constitution or the Act, yet certain disabilities arising out of untouchability have been described as oftences which are given below—

(I) To prevent the entry of a person to public places like hospitals or educational institutions;
(ii) To prevent a person from worshiping in a public worship place;
(iii) To prevent the entry of a person to a place of public entertainme…

Q. What are the provisions of the Constitution with respect to the welfare of Backward classes?

Q. What are the provisions of the Constitution with respect to the welfare of Backward classes?
Ans. Article 15(4) of the Constitution (inspite of right to equality) enables the State to make special provisions for the advancement of any socially and educationally backward classes of citizens and the Scheduled Castes or Scheduled Tribes. This provision indicates that there are some backward classes of Citizens other than the S.C./S.T. The Constitution does not define clearly as to what is meant by the term ‘backward class’: however, Article 340 provides for the setting up of a Backward Classes Commission which would determine the criteria of backwardness of citizens, prepare a list of such backward classes and study the difficult conditions of these classes and suggest measures to ameliorate their condition. In 1953, the Government of India appointed a Backward Classes Commission headed by Kaka Kalelkar, but the government could not appreciate the criteria evolved by the commission. Ho…

Civil Services Prelims Exam 2011 .Paper 2(Solved ) -General Studies part 1/6

Directions for the following 5 items Read the following passage and answer the items that follow. Your answers to these items should be based on the passage only.
                                                             Passage
Now India’s children have a right to receive at least eight years of education, the gnawing question is whether it will remain on paper or become a reality. One hardly needs a reminder that this right is different from the others enshrined in the Constitution, that the beneficiary—a six year old child cannot demand it, nor can she or he fight a legal battle when the right is denied or violated. In all cases, it is the adult society which must act on behalf of the child. In another peculiarity, where a child’s right to education is denied, no compensation offered later can be adequate or relevant. This is so because childhood does not last. If a legal battle fought on behalf of a child is eventually won, it may be of little use to the boy or girl because the o…

Q. What are the constitutional provisions with respect to the Scheduled Castes and the Scheduled Tribes?

Ans. The Indian society is divided into four varnas ,often referred to as ‘Jatis or Castes’. At the lowest rung of social hierarchy are ‘Shudras’ which have been designated as ‘Harijans’ by Gandhi and as ‘Scheduled Castes’ by the Constitution. These castes are called Scheduled Castes as these are included in the list or schedule prepared by government. There are certain communities which have their own distinct culture and religion and are excluded from traditional social structure. These communities are called Scheduled Tribes in the Constitution. As per the provisions of the Constitution (Article 341), the President of India shall prepare the lists of such castes and tribes for the first time, in consultation with the Governors of States. Parliament has been authorized to make subsequent modifications in such lists as and when required. It means the lists of the Scheduled Castes and the Scheduled Tribes will not be the same for all states but differ from state to state depending upo…

Civil Services Prelims Exam 2011 .Paper 1(Solved ) -General Studies part 7/7

91. In term of economy, the visit by foreign nationals to witness the

XIX Commonwealth Games in
India amounted to—
(A) Export
(B) import
(C) Production
(D) Consumption
92. Microbial fuel cells are cons idered a source of sustainable energy. Why?
1. They use living organism as catalysts to generate electricity from certain subs trates.
2. They use a variety of inorg anic materials as subs trates.
3. They can be installed in waste water treatment plants to cleanse water and produce electricity.
Which of the statements given
above is / are correct?
(A) lonly
(B) 2and3onIy
(C) land3only
(D) 1,2and3
93. Which one of the following statem ents appropriately describes the ‘Fiscal Stimulus’?
(A) It is a massive investment by the Government in manu facturing sector to ensure the supply of goods to meet the demand surge caused by rapid economic growth
(B) It is an intense affirmative action of the Government to boost economic activity in the country
(C) It is Government’s intensive action on financial institutions …

Civil Services Prelims Exam 2011 .Paper 1(Solved ) -General Studies part 6/7

76. Human activities in the recent past have caused the increased concentration of carbon dioxide in the atmosphere, but a lot of it does not remain in the lower atmosphere because of—
1. its escape into the outer stratosphere.
2. the photosynthesis by phytoplankton in the oceans.
3. the trapping of air in the polar ice caps.
Which of the statements given
above is/are correct?
(A) land2 (B) 2only
(C) 2and3 (D) 3 only
77. In the context of ecosystem productivity, marine upwelling zones are important as they increase the marine productivity by bringing the—
1. decomposer microorganisms to the surface.

2. nutrients to the surface.
3. bottom-dwelling organisms to the surface.
Which of the statements given
above is / are correct?
(A) 1 and 2 (B) 2 only
(C) 2and3 (D) 3only
78. If a tropical rain forest is removed, it does not regenerate quickly as compared to a tropical deciduous forest. This is because—
(A) the soil of rain forest is deficient in nutrients
(B) propagules of the trees in a rain forest have p…

Civil Services Prelims Exam 2011 .Paper 1(Solved ) -General Studies part 5/7

61. A sandy and saline area is the natural habitat of an Indian animal species. The animal has no predators in that area but its existence is threatened due to the destruction of its habitat. Which one of the following could be that animal’
(A) Indian wild buffalo
(B) Indianwild ass
(C) Indian wild boar
(D) Indian gazelle
62. La Nina is suspected to have
caused recent floods in Australia.
How is La Nina different from El
Nino?
1. La Nina is characterised by
unusually cold ocean tem erature in equatorial Indian
Ocean whereas El Nino is
characterised by unusually
warm ocean temperature in
the equatorial Pacific Ocean.
2. El Nino has adverse effect
on south-west monsoon of
India, but La Nina has fl()
effect on monsoon climate.
Which of the statements given
above is/are correct?
(A) 1 only
(B) 2 only
(C) Both I and 2
(D) Neither I nor 2
63. The tendency for increased litigation was visible after the introduction of the land sett lement system of Lord Cornw allis in 1793. The reason for this is normally traced to …

Civil Services Prelims Exam 2011 .Paper 1(Solved ) -General Studies part 4/7

46. A married couple adopted a male child. A few years later, twin boys were born to them. The blood group of the couple is AB positive and 0 negative. The blood group of the three sons is A positive, B positive and 0 positive. The blood group of the adopted son is—
(A) 0 positive
(B) A positive
(C) B positive
(D) Cannot be determined on the basis of the given data
47. Mahatma Gandhi said that some of his deepest convictions were reflected in a book titled, ‘Unto this Last’ and the book transf ormed his life. What was the message from the book that transformed Mahatma Gandhi?
(A) Uplifting the oppressed and poor is the moral responsibility of an educated man
(B) The good of individual is contained in the good of all
(C) The life of celibacy and spiritual pursuit are essential for a noble life
(D) All the statements (A), (B) and (C) are correct in this context
48. With reference to Indian freedom struggle, Usha Mehta is well- known for—
(A) Running the secret Congress
Radio in the wake of Quit Ind…

Civil Services Prelims Exam 2011 .Paper 1(Solved ) -General Studies part 3/7

31. An artificial satellite orbiting around the Earth does not fall down. This is so because the attraction of Earth—
(A) does not exist at such distance
(B) is neutralized by the attrac tion of the moon
(C) provides the necessary speed for its steady motion
(D) provides the necessary acceleration for its motion

32. In the context of Indian economy, consider the following statements—
1. The growth rate of GDP has steadily increased in the last five years.
2. The growth rate in per capita income has steadily increased in the last five years.
Which of the statements given
above is/are correct?
(A) 1 only
(B) 2 only
(C) Bothland2
(D) Neither 1 nor 2

33. In India, which of the following have the highest share in the disbursement of credit to agric ulture and allied activities?
(A) Commercial Banks
(B) Cooperative Banks
(C) Regional Rural Banks
(D) Microfinance Institutions

4. Which of the following can aid
in furthering the Government’s
objective of inclusive growth?
1. Promoting Self-Help Groups
2. Promoting M…

Civil Services Prelims Exam 2011 .Paper 1(Solved ) -General Studies part 2/7

16. The authorization for the withdrawal of funds from the Consolidated Fund of India must come from—

(A) The President of India
(B) The Parliament of India
(C) The Prime Minister of India
(D) The Union Finance Minister

17. All revenues received by the Union Government by way of taxes and other receipts for the conduct of Government business are credited to the—
(A) Contingency Fund of India
(B) Public Account
(C) Consolidated Fund of India
(D) Deposits and Advances Fund

18. Micro-finance is the provision of financial services to people of low-income groups. This includes both the consumers and the self-employed. The service/ services rendered under micro- finance is/are
1. Credit facilities
2. Savings facilities
3. Insurance facilities
4. Fund Transfer facilities Select the correct answer using the codes given below the lists— (A) 1 only
(B) 1 and 4 only
(C) 2 and 3only
(D) 1,2,3 and 4

19. Southeast Asia has captivated the attention of global community over space and time as a Geo-strategically signif…

Q. What are the provisions for securing Indian citizenship?

Q. What are the provisions for securing Indian citizenship?
Ans. The methods of securing Indian citizenship are prescribed in the Indian Citizenship Act, 1955, which are given below—
(I) Citizenship by Birth—Every person born in India on or after Jan. 26, 1950 shall be a citizen of India by birth, provided his/her father is not an enemy alien or a representative of diplomatic Mission.
(ii) Citizenship by Descent—A person born outside India on or after Jan. 26, 1950 shall be a citizen of India by descent if his father or mother (as amended in 1992) is a citizen of India at the time of his birth; provided such birth is registered in any of Indian consulates.
(iii) Citizenship by Registration—Many categories of persons, who have not acquired Indian citizens hip so far, can acquire citizenship by registering themselves to that effect before the prescribed authority. Such categories of persons are—(l) Persons of Indian origin residing outside the territories  of undivided India; (2) Those pers…