UPSC Essentials : Daily subject-wise quiz | Polity and Governance MCQs on Parliamentary committee, PESA Act and more (Week 76)

1. It was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas.

2. The Act empowers Gram Sabhas to play a key role in approving development plans and controlling all social sectors.

3. In India, after the enactment of the PESA Act, only four states have notified the model PESA Rules.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Explanation

— The PESA Act was passed in 1996 “to provide for the extension of the provisions of Part IX of the Constitution relating to Panchayats to the Scheduled Areas”. Aside from Panchayats, Part IX of the Constitution, which includes Articles 243-243ZT, provides laws relating to municipalities and cooperative groups.

— The Act defines Scheduled Areas as those referred to in Article 244(1), which specifies that the Fifth Schedule’s provisions apply to Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram. The Fifth Schedule includes a variety of unique measures for various sectors.

What is the PESA Act?

— The PESA Act was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas. It recognises the right of tribal communities, who are residents of the Scheduled Areas, to govern themselves through their own systems of self-government. Hence, statement 1 is correct.

— The Act authorises Gramme Sabhas to approve development plans and manage all social sectors. This covers the systems and persons responsible for implementing policies and exerting control over minor (non-timber) forest resources, minor water bodies, and minor minerals, among other things. Hence, statement 2 is correct.

— Ten states—Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana—have notified Fifth Schedule areas that cover (partially or completely) numerous districts in each of these states.

— After the PESA Act was passed, the Union government issued model PESA Rules. So far, eight states have notified the Rules. These eight States are Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Rajasthan and Telangana. Hence, statement 3 is not correct.

Therefore, option (b) is the correct answer.

QUESTION 2

With reference to the origin of the parliamentary committee system in India, consider the following statements:

1. The first committee established in the Indian legislature was the Public Accounts Committee (PAC) in 1921 under the Government of India Act, 1919.

2. The Committee on Public Undertakings was created during the 2nd Lok Sabha.

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

Explanation

— The negotiations for the Parliamentary Standing Committees between the government and the Opposition are over, with the Congress having managed to get chairs for three committees in the Lok Sabha and one in the Rajya Sabha.

— The origin of the parliamentary committee system in India can be traced back to the British colonial era. The first committee established in the Indian legislature was the Public Accounts Committee (PAC) in 1921 under the Government of India Act, 1919 also called Montford Reforms. Hence, statement 1 is correct.

— Standing advisory committees that were not elected by the people were dissolved following the election of the first Lok Sabha in 1952. Following that, the PAC and the Estimates Committee (formed in 1950) began to operate under the direct supervision of the Lok Sabha Speaker. In India, the PAC is chaired by an opposing bench leader.

— Aside from these financial committees, groups such as the Rules Committee continued to meet during the First Lok Sabha. The Business Advisory Committee (headed by the Speaker) and the Committee on Government Assurance were two Indian advances in parliamentary democracy. Another significant milestone was the establishment of the Committee on Public Undertakings during the third Lok Sabha. Hence, statement 2 is not correct.

Therefore, option (a) is the correct answer.

QUESTION 3

It is a non-statutory body formed by the Union Ministry of Law and Justice through a gazette notification. It is usually chaired by a retired judge of the Supreme Court or a High Court and has legal scholars as members. The government is under no obligation to accept the reports; however, the commission’s recommendations have over the decades led to the enactment of important legislation including the Code of Criminal Procedure, 1973 (CrPC), and the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

The above mentioned statements refer to:

(a) Bar Council of India

(b) NITI Aayog

(c) National Development Council

(d) Law Commission

Explanation

— The Union government has notified the constitution of India’s 23rd Law Commission, which took effect from September 1.

— The commission was notified at a time when Prime Minister Narendra Modi renewed calls for the implementation of a Uniform Civil Code and simultaneous elections to the Lok Sabha and state Assemblies during his Independence Day address.

— The statute Commission is a non-statutory commission (not founded by a statute of Parliament) established by the Union Ministry of Law and Justice through a gazette notification.

— The commission was founded to assist the government in reviewing the operation of laws, proposing the repeal of old legislation, and making recommendations on issues presented to it by the government.

— The commission is usually chaired by a retired judge of the Supreme Court or a High Court, and has legal scholars as members. Serving judges can also be appointed to the commission, according to the notification on the appointment of the new panel.

— The 22 Law Commissions appointed since Independence have submitted a total 289 reports to the government. The government is under no obligation to accept the reports; however, the commissions’ recommendations have over the decades led to the enactment of important legislation including the Code of Criminal Procedure, 1973 (CrPC), and the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

Therefore, option (d) is the correct answer.

QUESTION 4

Which of the following articles of the Constitution of India provides the State to secure a social order for the promotion of welfare of the people?

(a) Article 36

(b) Article 38

(c) Article 37

(d) Article 39

Explanation

— Article 38 of the Constitution of India provides the State to secure a social order for the promotion of welfare of the people,

— The State must strive to promote the welfare of the people by establishing and safeguarding a social order in which justice, social, economic, and political, informs all aspects of national life.

— The State shall, in particular, aim to reduce income disparities and eradicate inequalities in status, facilities, and opportunities, not just among individuals but also among groups of persons living in various places or engaged in different occupations.

Therefore, option (b) is the correct answer.

(Source: Constitution of India)

QUESTION 5

Consider the following statements:

1. Section 41A of the Code of Criminal Procedure, 1973 deals with the appearance of an accused before police in cases where arrest is not required.

2. Section 41(1)(b) of the Code of Criminal Procedure, 1973 lays down the conditions for arrest without a warrant.

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

Explanation

— Arvind Kejriwal walked out of Tihar Jail on Friday evening, hours after a Supreme Court Bench of Justices Surya Kant and Ujjal Bhuyan delivered separate, concurring judgments granting him bail in the CBI case on the alleged “scam” in the Delhi excise policy.

— Kejriwal was arrested twice in connection with the same excise policy case, first by the Enforcement Directorate (ED) on March 21, 2024, and then by the CBI on June 26, when he was already in custody.

— During the hearings, both sides relied on Sections 41(1)(b) and 41A of the Code of Criminal Procedure, 1973 (CrPC). Section 41(1)(b) lays down the conditions for arrest without a warrant, and Section 41A deals with the appearance of an accused before police in cases where arrest is not required. Hence, statements 1 and 2 are correct.

— Justice Kant ruled that Section 41(1)(b) does not apply in this instance because the CBI Special Judge approved the agency’s application to arrest Kejriwal on June 26. He further ruled that Section 41A “does not envisage or mandate the issuance of a notice to an individual already in judicial custody”—Kejriwal was already imprisoned in connection with the ED case at the time.

— According to CrPC Section 41A(3), the police shall not arrest a person who “complies and continues to comply with the notice” of appearance issued under this section unless the police officer notes the reasons for arrest.

Therefore, option (c) is the correct answer.

Previous Daily Subject-Wise-Quiz

Daily subject-wise quiz — Polity and Governance (Week 75)

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 75)

Daily subject-wise quiz — Environment, Geography, Science and Technology (Week 75)

Daily subject-wise quiz — Economy (Week 75)

Daily subject-wise quiz – International Relations (Week 75)

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