UPSC Prelims 2027 Polity Quiz (Week 176): criminal procedure, live-in relationships, national parties, and more

2. Narco analysis, polygraph examination and Brain Electrical Activation Profile (BEAP) tests cannot be administered without the subject’s consent.

Which of the above given statements is/are correct ?

(a) 1 only

(b) 2 only 

(c) Both 1 and 2

(d) Neither 1 nor 2

Relevance:

Explanation

In the case of Selvi v State of Karnataka in 2010, the Supreme Court held that narco analysis, polygraph examination and Brain Electrical Activation Profile (BEAP) tests cannot be administered without the subject’s consent. Doing so would violate the right against self-incrimination under Article 20(3) and personal liberty under Article 21. Hence, statement 2 is correct. 

The court there had held that these techniques seek to extract information from a person and therefore intrude upon mental privacy in a way that ordinary questioning does not. “The compulsory administration of any of these techniques is an unjustified intrusion into the mental privacy of an individual. It would also amount to ‘cruel, inhuman or degrading treatment’ with regard to the language of evolving international human rights norms,” the judgment noted.

It noted that the subject undergoing the test does not consciously choose the answers that emerge, as the tests are designed to bypass the subject’s control over their own responses, which distinguishes them from a conventional interrogation or a voluntary statement.

It said, “The drug-induced revelations or the substantive inferences drawn from the measurement of the subject’s physiological responses can be described as an intrusion into the subject’s mental privacy. It is also quite conceivable that a person could make an incriminating statement on being threatened with the prospective administration of any of these techniques.”

It is imperative to note that Section 23 of the Bharatiya Sakshya Adhiniyam (BSA) states that confessions made to the police officer in custody cannot be used as evidence against the accused — except when such a fact leads to discovery of a physical fact.

This can include an object, a location or a document that would fall under the “fact discovered” exception under Section 23 of the BSA. However, even the discovered fact functions as corroboration rather than proof of its own. Hence, statement 1 is correct. 

Therefore, option (c) is the correct answer.

QUESTION 2

Consider the following statements with reference to live-in relationships in India:

1. Protection against domestic violence extends to all women in live-in relationships, irrespective of the nature or circumstances of the relationship.

2. Children born from live-in relationships are considered legitimate under Indian law.

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

Relevance:

The question is relevant to Polity and Governance, Fundamental Rights, gender justice and judicial interpretation. It tests an aspirant’s understanding of how Indian law recognises and protects relationships outside formal marriage, while also distinguishing between a live-in relationship in general and a relationship “in the nature of marriage.”

Explanation

Expanding the protection against domestic cruelty under criminal law, the Supreme Court has ruled that such protection, ordinarily given to married women under Section 498A of the erstwhile Indian Penal Code (IPC), extends to women in live-in relationships as well, provided the couple shares an “intent to marry”. Since the IPC has now been replaced by the Bharatiya Nyaya Sanhita (BNS), the judgment will likely apply to the corresponding provision in the new law: Section 85 of the BNS. Hence, statement 1 is not correct. 

In Tulsa v. Durghatiya (2008), the Supreme Court held that a child born from a long-term live-in relationship could be treated as legitimate, provided the relationship had the characteristics of a marriage. Hence, statement 2 is correct.

Therefore, option (b) is the correct answer.

QUESTION 3

What are the conditions laid by the Election Commission of India (ECI) for a party to become a national party?

1. If it is recognised in six or more states.

2. If its candidates polled at least 6% of total valid votes in any four or more states in the last Lok Sabha or Assembly elections and had at least four MPs in the last Lok Sabha polls.

3. If it has won at least 2% of the total seats in the Lok Sabha from not less than three states.

Select the correct answer using the codes given below:

(a) 1 and 3 only

(b) 1 and 2 only

(c) 1, 2 and 3

(d) 2 and 3 only

Relevance:

This question tests your knowledge of the Election Commission of India, recognition of political parties and the criteria for national party status, an important area under Indian Polity. It also helps aspirants understand the constitutional and electoral framework governing political parties in India.

Explanation

— As per the ECI’s Political Parties and Election Symbols, 2019 handbook, a political party would be considered a national party if:

It is recognised in four or more states. Hence, statement 1 is not correct.

If its candidates polled at least 6% of total valid votes in any four or more states in the last Lok Sabha or Assembly elections and had at least four MPs in the last Lok Sabha polls. Hence, statement 2 is correct.

If it has won at least 2% of the total seats in the Lok Sabha from not less than three states. Hence, statement 3 is correct.

— A party may gain or lose national party status from time to time, depending on the fulfillment of these laid-down conditions.

Therefore, option (d) is the correct answer.

QUESTION 4

Which of the following is not fundamental duty mentioned in the Indian Constitution?

(a) To develop the scientific temper, humanism and the spirit of inquiry and reform

(b) To safeguard public property and to abjure violence

(c) To promote internal peace and security

(d) To defend the country and render national service when called upon to do so

Relevance:

A basic question that tests your direct knowledge of Fundamental Duties under Article 51A, a recurring area in Indian Polity.

Explanation

— The fundamental duties were incorporated in Part IV-A of the Constitution by 42nd Amendment Act, 1976, during Indira Gandhi’s Emergency.

— Article 51(A) describes 11 fundamental duties — 10 came with the 42nd Amendment; the 11th was added by the 86th Amendment in 2002.

— These duties are not enforceable by law. However, a court may take them into account while adjudicating on a matter.

— They were made a part of the Constitution to emphasise the obligation of the citizen in return for the fundamental rights that he or she enjoys. The Russian Constitution has the concept of fundamental duties.

— Article 51(A) says it shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) 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 practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;

(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, a ward between the age of six and fourteen years

Therefore, option (c) is the correct answer.

QUESTION 5

The ‘Hicklin test’ is associated with which of the following?

(a) Determining whether a publication is obscene

(b) Determining whether a person is criminally liable for defamation

(c) Determining whether a speech constitutes contempt of court

(d) Determining whether a publication violates copyright law

Relevance:

UPSC can connect such concepts with constitutional rights, freedom of expression, judicial interpretation, reasonable restrictions and landmark judgments in statement-based Prelims questions. The term becomes relevant with refernce to July 29 incident when Noida Police registered a Zero FIR against a female Noida resident over remarks made about Prime Minister Narendra Modi during a protest at Delhi’s Jantar Mantar. The case triggered a public debate, veering into moralistic notions about profanity, especially against public leaders. Is crude language a crime in India?

Explanation

The legal doctrine for defining obscenity in India was tested by the ban on DH Lawrence’s final novel, Lady Chatterley’s Lover, published in the 20th century. In the 1965 landmark ruling in Ranjit D. Udeshi v. State of Maharashtra, the Supreme Court upheld the book ban and the constitutionality of Section 292 of the IPC, which allows the “sale of obscene books”.

In doing so, the court also laid down the test for obscenity: an 1868 English rule called the Hicklin test. The test asked whether isolated passages of a work could corrupt the most vulnerable reader, and the court determined that Lady Chatterley’s Lover did that.

While even English law had moved on from this archaic notion of not offending the most vulnerable reader, courts in India applied this test for a few decades.

Therefore, option (a) is the correct answer.

Previous Daily Subject-Wise-Quiz

Daily Subject-wise quiz — History, Culture, and Social Issues (Week 161)

Daily subject-wise quiz — Polity and Governance (Week 174)

Daily subject-wise quiz —  Science and Technology (Week 174)

Daily subject-wise quiz — Economy (Week 174)

Daily subject-wise quiz — Environment and Geography (Week 174)

Daily subject-wise quiz – International Relations (Week 174)

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