UPSC Essentials : Daily subject-wise quiz | Polity and Governance MCQs on POSH Act, simultaneous elections and more (Week 89)

1. The POSH Act requires only public workplaces and not private workplaces to set up an Internal Complaints Committee (ICC) to hear sexual harassment complaints.

2. The definition of “workplace” in the POSH Act is not defined.

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 Supreme Court heard a PIL stating that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) should apply to political parties.

— The court directed the petitioner, advocate Yogamaya M G, to first approach the Election Commission of India (ECI) as the competent authority “to prevail upon the recognised political parties for the creation of an in-house mechanism to deal with complaints of sexual harassment” in accordance with the provisions of the POSH Act.

— The POSH Act mandates both public and private workplaces to establish an Internal allegations Committee (ICC) to hear allegations of sexual harassment. The petition states that when it comes to political parties, “the presence of Internal Complaints Committees (ICCs) to address sexual harassment is inconsistent”. Hence, statement 1 is not correct.

— According to Section 3(1) of the POSH Act, “No woman shall be subjected to sexual harassment at any workplace”. This immediately explains how the POSH Act will be applied: in the workplace, and only when the aggrieved person is a woman.

— The meaning of “workplace” in the POSH Act is broad. It includes organisations, institutions, and so on in the public sector that are “established, owned, controlled, or wholly or substantially financed by funds provided directly or indirectly by the appropriate government,” as well as private sector organisations, hospitals, nursing homes, sports venues, houses, and even locations visited by an employee “during the course of employment.” Hence, statement 2 is not correct.

Therefore, option (d) is the correct answer.

QUESTION 2

With reference to the Railways (Amendment) Bill, 2024, consider the following statements:

1. The Bill seeks to repeal the Indian Railway Board Act, 1905.

2. The Bill proposes to create a separate new Board in place of the Railway Board.

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

— On Wednesday (December 13), the Lok Sabha passed the Railways (Amendment) Bill, 2024, despite fierce debate between the government and the opposition in Parliament.

— The Bill seeks to repeal the Indian Railway Board Act, 1905 and integrate its provisions into the Railways Act of 1989. Although the new legislation’s wording drew little criticism, many MPs voiced worry that the Bill failed to address wider railway issues such as safety, vacancies, and decentralisation of control at the zonal and division levels.

— While the Act of 1890 was abolished in 1989 with the passage of the Railways Act, the Railway Board Act of 1905 remained in effect, and the Chairman and members of the board were appointed under this statute.

— The government claims that the new Bill simplifies the law by including the Railway Board (1905 Act) into the Railway Act. They further claimed that this would eliminate the need to refer to two statutes. The bill was tabled in the Lok Sabha on August 9, 2024. Hence, statement 1 is correct.

— The Bill changes Section 2 of the Railways Act of 1989 and adds a new Chapter IA relating to the Railway Board. It provides the Railway Board with specific authorities “as prescribed by the Central Government”.

— It states that the Centre may delegate to the Railway Board all or any of the Central Government’s powers or functions under this Act in relation to all or any Railways, either unconditionally or subject to restrictions.

— In addition, the Chairman and board members appointed under the 1905 Act will be assumed to have been appointed under this Act. The Railway Board currently exists, and the Bill does not propose to form a new Board or body. Hence, statement 2 is not correct.

Therefore, option (a) is the correct answer.

QUESTION 3

At present, the elections to which of the following legislative assemblies are conducted along with the Lok Sabha elections?

1. Tamil Nadu

2. Meghalaya

3. Odisha

4. Manipur

5. Sikkim

Select the correct answer using the codes given below:

(a) 1 and 4 only

(b) 3 and 5 only

(c) 1, 3 and 4 only

(d) 2, 3, 4 and 5

Explanation

— The Union Cabinet approved the introduction of two Bills, one to make the term of the Lok Sabha and state Assemblies simultaneous, and the other to make similar amendments for Delhi and other Union Territory Assemblies.

— Up until about 1967, Lok Sabha and Assembly elections were held concurrently; after that, election cycles began to diverge as numerous legislatures were dissolved before their tenure expired.

— At present, elections to the Andhra Pradesh, Arunachal Pradesh, Odisha, and Sikkim Assemblies are held simultaneously with Lok Sabha elections.

— “The chief issue highlighted by them is that simultaneous conduct of elections would require large-scale purchase of Electronic Voting Machines (EVM) and Voter Verifiable Paper Audit Trail (VVPAT) machines. For conducting simultaneous elections, the Commission expects that a total of Rs 9,284.15 crore will be needed for procurement of EVMs and VVPATs. The machines would also need to be replaced every 15 years which would again entail expenditure. Further, storing these machines would increase the warehousing cost,” the committee report said.

Therefore, option (b) is the correct answer.

QUESTION 4

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

The above-mentioned statement refers to which article?

(a) Article 21

(b) Article 21(A)

(c) Article 45

(d) Article 16(4)

Explanation

— Article 21A of the constitution of India provides for the Right to education.

— The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Therefore, option (b) is the correct answer.

(Source: Constitution of India)

QUESTION 5

Consider the following statements:

1. Article 341(1) of the Constitution gives the President the power to “specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes”.

2. Clause 3 of the Constitution (Scheduled Castes) Order, 1950 (Scheduled Castes order) states that “no person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of a Scheduled Caste”.

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 Supreme Court stated orally on Monday (December 9) that “reservation cannot be on the basis of religion”. Justices B R Gavai and K V Viswanathan were hearing an appeal to the Calcutta High Court’s judgement in May to overturn reservations granted to 77 classes, primarily from the Muslim community, under the Other Backward Classes quota (OBC).

— On November 26, the Supreme Court denied to acknowledge a woman’s Scheduled Caste (SC) classification, citing her and her family’s conversion to Christianity.

— These incidents have brought the nexus between religion and reservations back into prominence. Since the Indian Constitution came into force in 1950, both the Centre and the Supreme Court have endeavoured to clarify the extent to which religion can be used to provide reservation advantages.

— The President has the authority to “specify the castes, races, or tribes or parts of or groups within castes, races, or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes” under Article 341(1) of the Constitution. Shortly after the Constitution went into effect, the President issued The Constitution (Scheduled Castes) Order, 1950 (Scheduled Castes Order), which lists the Scheduled Caste communities in each state. Hence, statement 1 is correct.

— Importantly, clause 3 of the order stipulates that “no person who practices a religion other than the Hindu, Sikh, or Buddhist religion shall be deemed to be a member of a Scheduled Caste.” The order was previously limited to Hindus, but was later expanded to include SC Hindus who converted to Sikhism (in 1956) and Buddhism (in 1990). Hence, statement 2 is correct.

Therefore, option (c) is the correct answer.

Previous Daily Subject-Wise-Quiz

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 89)

Daily subject-wise quiz — Polity and Governance (Week 88)

Daily subject-wise quiz —  Science and Technology (Week 88)

Daily subject-wise quiz — Environment and Geography (Week 88)

Daily subject-wise quiz — Economy (Week 88)

Daily subject-wise quiz – International Relations (Week 88)

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