UPSC Essentials | Daily subject-wise quiz: Polity and Governance MCQs on Digital Personal Data Protection Act, 2023, Article 142 and more (Week 107)

QUESTION 1

With reference to the extradition, consider the following statements:

1. It is the formal process of one country surrendering an individual to another country for prosecution or punishment for crimes committed in the requesting country’s jurisdiction.

2. It is governed by a bilateral treaty between the two countries involved.

3. India has extradition treaties in force with all countries.

4. Tahawwur Hussain Rana, a key conspirator in the 26/11 Mumbai terror attacks, has been extradited from Canada to India.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) Only three

(d) All four

Explanation

— Tahawwur Hussain Rana, a key conspirator in the 26/11 Mumbai terror attacks, which killed 166 people, has been extradited from the United States to India. Hence, statement 4 is not correct.

— Extradition is the formal process by which one country surrenders an individual to another for prosecution or punishment for crimes committed within the requesting country’s jurisdiction. Hence, statement 1 is correct.

— It is usually governed by a bilateral treaty between the two countries concerned, or by a wider multilateral agreement. Indeed, it is highly rare for an individual to be extradited without a treaty; even where treaties exist, extraditions are frequently difficult and time-consuming processes. Hence, statement 2 is correct.

— In general, extradition treaties provide a slew of exceptions, or particular instances in which extradition may be denied. For example, India’s treaty with Bangladesh permits either country to deny extradition if the offence is “political in nature” or if the accusation was not “made in good faith in the interests of justice”.

— According to the Ministry of External Affairs’ website, India has extradition treaties in place with 48 nations and non-binding extradition agreements with another 12. Hence, statement 3 is not correct.

— India had first requested Rana’s extradition over a decade ago. However, their request was only approved in 2023 after receiving support from the Joe Biden administration in the United States. India’s request for the extradition of David Headley, the man who studied potential targets for the Lashkar-e-Taiba, has not been granted.

Therefore, option (b) is the correct answer.

QUESTION 2

Which of the following is/are the organising principles of an ideal society according to B.R. Ambedkar?

1. Liberty

2. Equality

3. Fraternity

Select the correct answer using the codes given below:

(a) 1 and 2 only

(b) 2 only

(c) 2 and 3 only

(d) 1, 2 and 3

Explanation

— Dr. Bhimrao Ramji Ambedkar is considered today as one of India’s most prominent anti-caste Dalit leaders, a legal scholar who chaired the draughting of the Indian Constitution, and a man who advocated for a progressive vision of society.

— Ambedkar was scheduled to speak at a reformist Jat-Pat-Todak Mandal convention in Lahore in 1936 on the topic of ‘Annihilation of Caste’. However, it was cancelled due to demands that Ambedkar change the text of his address, which he refused to do.

— Ambedkar regarded liberty, equality, and fraternity as the guiding ideals of an ideal society. He wrote about the importance of fraternity: “An ideal society should be mobile, full of channels for conveying a change that is taking place in one part to other parts.”

— “Liberty” would refer to freedom from slavery, in which “some men are forced to accept from others the purposes that control their conduct.” This would include the freedom to free movement and the ability to select one’s vocation, both of which the caste system prohibits because “some persons are compelled to carry on certain prescribed callings which are not of their choice.”

— “Equality may be a fiction, but nonetheless one must accept it as the governing principle.” Physical heredity, societal heritage, and personal efforts can all vary amongst persons. However, not enabling others to step up in society would result in “the selection of the privileged.”

Therefore, option (d) is the correct answer.

QUESTION 3

With reference to the Digital Personal Data Protection Act, 2023, consider the following statements:

1. The act grants certain rights to individuals, including the right to obtain information, seek correction and erasure, and grievance redressal.

2. It will apply to such processing outside India, if it is for offering goods or services in India.

3. It regulates risks of harm arising from the processing of personal data.

4. It grants the right to data portability.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) Only three

(d) All four

Explanation

— A group of activists, researchers, journalists, and experts met with Rahul and Wayanad MP Priyanka Gandhi Vadra in the Parliament complex to discuss a change made to the Right to Information Act, 2005 (RTI Act) by the DPDP Act. The delegation stated that the change will have an adverse impact on people’s capacity to access information.

— The DPDP Act was signed into law by the President on August 11, 2023, and will take effect after the Act’s Rules are notified.

— The Bill will apply to the processing of digital personal data within India when such data is collected online, or gathered offline and is digitised. It will also apply to such processing outside of India if the goods or services are to be offered in India. Hence, statement 2 is correct.

— Individuals are granted specific rights under the Bill, including the ability to acquire information, seek rectification and erasure, and have their grievances heard. Hence, statement 1 is correct.

— The Bill does not address the risks of harm emerging from the processing of personal data. Hence, statement 3 is not correct.

— The data principal does not have the right to data portability or to be forgotten under the Bill. Hence, statement 4 is not correct.

— The central government will establish the Data Protection Board of India to adjudicate noncompliance with the Bill’s requirements.

Therefore, option (b) is the correct answer.

(Other Source: prsindia.org)

QUESTION 4

With reference to the Vice-President of India, consider the following statements:

1. The Vice-President shall be ex officio Chairman of the Council of the States.

2. When the Vice-President acts as President or discharges the functions of the President under article 65, he shall also perform the duties of the office of Chairman of the Council of States.

3. When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.

4. The Vice-President shall be elected by the members of the Council of States only.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 3 and 4 only

(d) 1 and 3 only

Explanation

— Article 63 of the Indian Constitution states that there shall be a Vice-President of India.

— The Vice-President shall serve as the ex officio Chairman of the Council of States and shall not hold any other profit-making office. Hence, statement 1 is correct.

— Provided that during any period in which the Vice-President acts as President or performs the functions of the President under article 65, he shall not perform the duties of the Chairman of the Council of States and shall be ineligible for any salary or allowance payable to the Chairman of the Council of States under Article 97. Hence, statement 2 is not correct.

— When the President is unable to perform his duties due to absence, illness, or any other reason, the Vice-President shall assume those duties until the President resumes his duties. Hence, statement 3 is correct.

— The Vice-President must be elected by members of an electoral college consisting of members of both Houses of Parliament using the proportional representation system and a single transferable vote, with voting conducted by secret ballot. Hence, statement 4 is not correct.

Therefore, option (d) is the correct answer.

(Source: Constitution of India)

QUESTION 5

Article 142 of the Constitution of India refers to:

(a) Law declared by the Supreme Court to be binding on all courts.

(b) Enforcement of decrees and orders of the Supreme Court and orders as to discovery.

(c) Power of the President to consult the Supreme Court.

(d) Civil and judicial authorities to act in aid of the Supreme Court.

Explanation

— In the context of the recent Supreme Court verdict on the Tamil Nadu Governor issue, Vice-President Jagdeep Dhankhar has said Article 142 has become a “nuclear missile against democratic forces, available to the judiciary”, and that “we cannot have a situation where you direct the President of India”.

— Article 142 of the Constitution of India provides for the enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.

— The Supreme Court may, in the exercise of its jurisdiction, 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 or order so passed or made shall be enforceable throughout the territory of India in the manner prescribed by or under any law made by Parliament, and, until such provision is made, in the manner prescribed by the President by order.

Therefore, option (b) is the correct answer.

(Other Source: Constitution of India)

Previous Daily Subject-Wise-Quiz

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 107)

Daily subject-wise quiz — Polity and Governance (Week 106)

Daily subject-wise quiz —  Science and Technology (Week 106)

Daily subject-wise quiz — Economy (Week 106)

Daily subject-wise quiz — Environment and Geography (Week 106)

Daily subject-wise quiz – International Relations (Week 106)

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