Polity Set 156 | MROY Class

Polity Set 156 Questions & Answers

In which landmark case (1962) did the Supreme Court uphold the constitutional validity of the sedition law (Section 124A of the IPC) but restricted its application to acts involving intention or tendency to create public disorder or incitement to violence? – Kedar Nath Singh v. State of Bihar
The Supreme Court declared the practice of “Instant Triple Talaq” (Talaq-e-Biddat) as unconstitutional in 2017. What was the name of this landmark case? – Shayara Bano v. Union of India
In 2018, the Supreme Court lifted the ban on the entry of women of menstruating age into a prominent Kerala temple, citing the violation of Articles 14, 15, and 25. Which case was this? – Indian Young Lawyers Association v. State of Kerala (Sabarimala Case)
The principle of “Absolute Liability” (where an enterprise engaged in a hazardous or inherently dangerous industry is strictly liable for damages) was evolved by the Supreme Court in the landmark 1986 case of: – M.C. Mehta v. Union of India (Oleum Gas Leak case)
In which case did the Supreme Court mandate that if a government loses its majority, a “Floor Test” in the Legislative Assembly is the only proper way to test its majority, rather than the subjective opinion of the Governor? – S.R. Bommai v. Union of India (1994)
The Supreme Court significantly relaxed the rule of Locus Standi, paving the way for Public Interest Litigations (PILs), in the landmark S.P. Gupta v. Union of India case, also known as the: – First Judges Case
In which landmark case (1984) did the Supreme Court rule that the Right to Life (Article 21) includes the right to live with human dignity, explicitly applying it to the rescue and rehabilitation of bonded laborers? – Bandhua Mukti Morcha v. Union of India
The “Collegium” for the appointment of Judges to the Supreme Court of India consists of the Chief Justice of India and: – The 4 senior-most judges of the Supreme Court
The “Collegium” for the appointment of Judges to a High Court consists of the Chief Justice of India and: – The 2 senior-most judges of the Supreme Court
Article 224A allows for the appointment of retired judges at sittings of High Courts. Who can request a retired judge of a High Court to sit and act as a judge of that High Court? – The Chief Justice of the High Court (with the previous consent of the President)
Does the Constitution provide for the appointment of Ad hoc judges to the High Courts? – No, the provision for ad hoc judges (Article 127) applies ONLY to the Supreme Court.
Gram Nyayalayas (Village Courts) are established under the Gram Nyayalayas Act, 2008. Appeals in criminal cases against the judgments of the Gram Nyayalaya lie to the: – Court of Session (Sessions Court)
Under the Legal Services Authorities Act, 1987 (NALSA), which of the following categories of persons is entitled to free legal services regardless of their income? – All of the above
Permanent Lok Adalats have been set up under an amendment to the Legal Services Authorities Act to deal specifically with cases pertaining to: – Public Utility Services (like transport, postal, telegraph, power, water)
Family Courts are established under the Family Courts Act, 1984. The Act makes it obligatory for the State Government to set up a Family Court in every city or town with a population exceeding: – 10 Lakhs (1 Million)
While states like Tripura and Meghalaya have completely revoked the Armed Forces (Special Powers) Act, 1958 (AFSPA), which of the following states still has AFSPA operational in several of its districts (despite recent phased withdrawals)? – Nagaland
Under the Sixth Schedule, District Councils and Regional Councils have the power to constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to: – Scheduled Tribes within such areas
In Union Territories, the administrator appointed by the President is known by different designations. In Delhi, Puducherry, and the Andaman & Nicobar Islands, they are designated as: – Lieutenant Governor
In Chandigarh, Dadra and Nagar Haveli and Daman and Diu, and Lakshadweep, the representative of the President is designated as: – Administrator
Under the special provisions for Delhi (Article 239AA), the Delhi Legislative Assembly can make laws on all matters in the State List and Concurrent List, EXCEPT for three subjects. Which of the following is NOT one of those three excluded subjects? – Public Health
The Central Bureau of Investigation (CBI) is not a statutory body. It derives its power from the Delhi Special Police Establishment Act, 1946. Which Ministry exercises administrative control over the CBI? – Ministry of Personnel, Public Grievances and Pensions
Which statutory body is tasked with receiving complaints against public servants regarding violations of the Prevention of Corruption Act, 1988? – Central Vigilance Commission (CVC)
Under Article 262, Parliament enacted the Inter-State Water Disputes Act in 1956. This Act empowers whom to set up an ad-hoc tribunal for the adjudication of a dispute between two or more states in relation to river waters? – The Central Government
Has the Parliament enacted the River Boards Act (1956) for the regulation and development of inter-state rivers and river valleys? – Yes, but to date, no River Board has been created under this Act
The National Commission for Protection of Child Rights (NCPCR) defines a “child” as a person up to the age of: – 18 years
The institution of the “Lokpal” at the center consists of a Chairperson and a maximum of 8 members. What is the mandatory composition of these 8 members? – 50% must be judicial members
The Constitution (Article 292) allows the Government of India to borrow upon the security of the Consolidated Fund of India. What is the limit on this borrowing? – Such limits, if any, as may from time to time be fixed by Parliament by law
Article 300 of the Constitution states that the Government of India may sue or be sued by the name of the: – Union of India
Similarly, the Government of a State may sue or be sued by the name of the: – State (e.g., State of Maharashtra)
Which Constitutional Amendment completely abolished the system of Election Tribunals and vested the power to hear election petitions directly in the High Courts? – 19th Amendment Act (1966)

MROY Class

Polity Set 156

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📌 Fundamental Rights • Landmark Cases

Q.1) In which landmark case (1962) did the Supreme Court uphold the constitutional validity of the sedition law (Section 124A of the IPC) but restricted its application to acts involving intention or tendency to create public disorder or incitement to violence?

Ans > B) Kedar Nath Singh v. State of Bihar

Context of the Legal Challenge: The Kedar Nath Singh case of 1962 stands as a monumental pillar in Indian constitutional jurisprudence, specifically concerning the boundaries of freedom of speech and expression enshrined in Article 19(1)(a). The petitioner, Kedar Nath Singh, who was associated with the Forward Communist Party in Bihar, was convicted under Section 124A for delivering speeches that heavily criticized the ruling Indian National Congress.
The Supreme Court’s Balancing Act: A five-judge Constitution Bench was tasked with striking a delicate balance between individual liberties and the security of the State. The Court ultimately upheld the constitutional validity of Section 124A, declaring that the State inherently possesses the right to protect its own existence from violent subversion or overthrow.
Establishing the “Incitement” Threshold: To prevent the misuse of the law against legitimate political dissent, the Court read down the statute. It firmly ruled that strong, critical, or even harsh words against the government do not constitute sedition unless they are accompanied by a clear “intention or tendency to create public disorder, or take to violence.”

📌 Fundamental Rights • Landmark Cases

Q.2) The Supreme Court declared the practice of “Instant Triple Talaq” (Talaq-e-Biddat) as unconstitutional in 2017. What was the name of this landmark case?

Ans > B) Shayara Bano v. Union of India

The Petitioner’s Struggle: Shayara Bano, a woman from Uttarakhand, approached the Supreme Court of India in 2016 after her husband ended their 15-year marriage by sending a letter containing the word “talaq” written three times. She filed a writ petition challenging the constitutionality of three practices: Talaq-e-Biddat (instant triple talaq), polygamy, and nikah halala.
The Constitution Bench’s Division: The case was heard by a unique five-judge multi-faith Constitution Bench. In a narrow 3:2 majority verdict delivered in August 2017, the Supreme Court struck down the practice of instant triple talaq. The majority concluded that the practice was arbitrary and violated Article 14 (Right to Equality).
Legislative Aftermath: The judgment catalyzed significant legislative action. Following the Supreme Court’s directive, the government passed the Muslim Women (Protection of Rights on Marriage) Act, 2019. This legislation criminalized the practice of instant triple talaq, making it a cognizable and non-bailable offense.

📌 Fundamental Rights • Landmark Cases

Q.3) In 2018, the Supreme Court lifted the ban on the entry of women of menstruating age into a prominent Kerala temple, citing the violation of Articles 14, 15, and 25. Which case was this?

Ans > A) Indian Young Lawyers Association v. State of Kerala (Sabarimala Case)

The Traditional Restriction: The Sabarimala Shrine in Kerala maintained a centuries-old tradition barring the entry of women between the ages of 10 and 50 (menstruating age). Authorities justified this rule based on the deity’s celibate nature and local customs codified under the Kerala Hindu Places of Public Worship Rules, 1965.
The Constitutional Clash: The Indian Young Lawyers Association filed a PIL arguing that this exclusionary practice was discriminatory. The core conflict was between the right to equality (Article 14), the right against discrimination (Article 15), and the freedom of religion (Article 25) for women versus the denomination’s right to manage its affairs (Article 26).
The Landmark Verdict: In a historic 4:1 decision in September 2018, a Constitution Bench struck down the exclusionary rule. The majority held that biological characteristics like menstruation cannot be a ground for denying equal access to public religious spaces.

📌 Environment • Landmark Cases

Q.4) The principle of “Absolute Liability” (where an enterprise engaged in a hazardous or inherently dangerous industry is strictly liable for damages) was evolved by the Supreme Court in the landmark 1986 case of:

Ans > B) M.C. Mehta v. Union of India (Oleum Gas Leak case)

The Industrial Disaster: In December 1985, just a year after the catastrophic Bhopal Gas Tragedy, a major leak of highly toxic Oleum gas occurred at the Shriram Food and Fertiliser Industries complex in a densely populated area of Delhi, prompting urgent legal intervention.
Moving Beyond Strict Liability: Prior to this case, Indian courts relied on the 19th-century English legal doctrine of “Strict Liability” (Rylands v. Fletcher), which allowed several exceptions like “Act of God.” Chief Justice P.N. Bhagwati recognized that this archaic rule was inadequate for a modern, industrializing India.
Establishing Absolute Liability: The Supreme Court boldly formulated the novel principle of “Absolute Liability.” Under this doctrine, any enterprise engaged in hazardous activities has an absolute, non-delegable duty to ensure safety. The amount of compensation is directly proportional to the magnitude and financial capacity of the enterprise.

📌 Centre-State Relations • Landmark Cases

Q.5) In which case did the Supreme Court mandate that if a government loses its majority, a “Floor Test” in the Legislative Assembly is the only proper way to test its majority, rather than the subjective opinion of the Governor?

Ans > A) S.R. Bommai v. Union of India (1994)

The Abuse of Article 356: For decades following independence, Article 356 of the Constitution (President’s Rule) was frequently misused by the Central Government to dismiss state governments run by opposition parties based on the subjective assessments of Governors.
The Core Judgment: The S.R. Bommai case involved the dismissal of the Janata Dal government in Karnataka in 1989. A nine-judge Constitution Bench established strict guidelines, ruling that the power of the President to dismiss a state government is highly subject to judicial review.
The Floor Test Mandate: The most significant legacy of the Bommai judgment is the establishment of the “Floor Test”. The Court decreed that the majority enjoyed by the Council of Ministers must be tested exclusively on the floor of the Legislative Assembly, not in the confines of the Governor’s office.

📌 Judiciary • PIL

Q.6) The Supreme Court significantly relaxed the rule of Locus Standi, paving the way for Public Interest Litigations (PILs), in the landmark S.P. Gupta v. Union of India case, also known as the:

Ans > B) First Judges Case

The Traditional Rule of Locus Standi: Historically, the Indian legal system strictly adhered to the Anglo-Saxon principle of ‘Locus Standi’—meaning only a person whose legal rights were directly violated could approach the courts. This posed a massive barrier for marginalized sections of society.
The Judicial Revolution: The S.P. Gupta case (1981), popularly known as the First Judges Case, became the vehicle for a procedural revolution. Justice P.N. Bhagwati explicitly relaxed the strict rule of locus standi in his monumental judgment.
The Birth of the PIL: The Court declared that where a legal injury is caused to a person who, by reason of poverty or disability, cannot approach the court, any public-spirited individual can file a writ petition on their behalf. This formally established the era of Public Interest Litigation (PIL) in India.

📌 Fundamental Rights • Article 21

Q.7) In which landmark case (1984) did the Supreme Court rule that the Right to Life (Article 21) includes the right to live with human dignity, explicitly applying it to the rescue and rehabilitation of bonded laborers?

Ans > A) Bandhua Mukti Morcha v. Union of India

The Plight of Stone Quarry Workers: The case originated when an NGO, Bandhua Mukti Morcha, addressed a letter to Justice P.N. Bhagwati detailing the horrific, sub-human conditions of laborers working in stone quarries in Faridabad, Haryana, trapped in a cycle of debt bondage.
Expanding Article 21: The Supreme Court treated the letter as a writ petition. The Court delivered a profound interpretation of Article 21 (Right to Life and Personal Liberty), declaring that the right to life inherently includes the “right to live with human dignity.”
Intertwining Directives and Rights: The judgment brilliantly linked Fundamental Rights with the Directive Principles of State Policy. The Court issued comprehensive guidelines not only for the identification and release of bonded laborers but also for their permanent economic rehabilitation.

📌 Judiciary • Appointments

Q.8) The “Collegium” for the appointment of Judges to the Supreme Court of India consists of the Chief Justice of India and:

Ans > C) The 4 senior-most judges of the Supreme Court

The Concept of the Collegium: The Constitution initially stated that Supreme Court judges would be appointed by the President after “consultation” with judges. The Supreme Court rewrote this provision over the “Three Judges Cases” to interpret “consultation” to mean “concurrence.”
Evolution in the Second Judges Case (1993): The Court established the Collegium system, originally consisting only of the Chief Justice of India and the two senior-most judges.
Expansion in the Third Judges Case (1998): Following a Presidential reference, the Supreme Court expanded the size of the Collegium. The Court mandated that the Chief Justice must consult a wider plurality, fixing the Supreme Court Collegium at the CJI plus the four senior-most judges.

📌 Judiciary • Appointments

Q.9) The “Collegium” for the appointment of Judges to a High Court consists of the Chief Justice of India and:

Ans > A) The 2 senior-most judges of the Supreme Court

Distinct Collegium Structures: While the Supreme Court Collegium for appointing apex court judges requires the CJI and four senior-most judges, the structure for High Court appointments and transfers is smaller, comprising the CJI and only the two senior-most judges of the Supreme Court.
The Initiation Process: The process begins at the state level with the Chief Justice of the respective High Court forming a local Collegium. Recommendations are vetted by the state’s Governor and Chief Minister before reaching the Union Law Ministry.
The Final Decision: The Law Ministry sends recommendations to the Supreme Court Collegium (CJI + 2). This three-member body makes the final binding recommendation to the President, balancing deep constitutional scrutiny with administrative efficiency.

📌 Judiciary • High Courts

Q.10) Article 224A allows for the appointment of retired judges at sittings of High Courts. Who can request a retired judge of a High Court to sit and act as a judge of that High Court?

Ans > B) The Chief Justice of the High Court (with the previous consent of the President)

Addressing Judicial Pendency: Article 224A is a critical constitutional mechanism designed to address the severe backlog of cases in Indian High Courts, allowing experienced judicial minds to be brought back into service to help clear arrears.
The Procedure of Appointment: The power does not lie directly with the executive. The Chief Justice of the respective High Court must initiate the request to recall a retired judge, but this requires the “previous consent of the President” (Central Government approval).
Status of the Appointee: A person appointed under Article 224A is not technically deemed a “Judge of that High Court” for all constitutional purposes regarding sanctioned strength, though they enjoy all the jurisdiction, powers, and privileges during their temporary tenure.

📌 Judiciary • Supreme Court

Q.11) Does the Constitution provide for the appointment of Ad hoc judges to the High Courts?

Ans > C) No, the provision for ad hoc judges (Article 127) applies ONLY to the Supreme Court.

The Specificity of Article 127: In Indian constitutional terminology, “Ad hoc judge” has a specific meaning found in Article 127. This empowers the CJI to appoint a sitting High Court judge as an ad hoc judge of the Supreme Court if there is a lack of quorum.
High Court Alternatives: High Courts do not have “Ad hoc” judges. Instead, Articles 224 and 224A provide for “Additional Judges” for a temporary period and the recall of “Retired Judges” to deal with judicial shortages at the state level.
Why the Distinction Matters: The distinction is technically vital. An ad hoc judge in the SC is pulled from a lower court to meet an emergency quorum, whereas HC mechanisms bring in fresh temporary appointments or recall retired personnel.

📌 Judiciary • Subordinate Courts

Q.12) Gram Nyayalayas (Village Courts) are established under the Gram Nyayalayas Act, 2008. Appeals in criminal cases against the judgments of the Gram Nyayalaya lie to the:

Ans > B) Court of Session (Sessions Court)

Grassroots Justice Delivery: The Gram Nyayalayas Act, 2008, fulfills the constitutional mandate under Article 39A. Established at the Panchayat level, these courts are presided over by a Nyayadhikari, possessing the same powers as a Judicial Magistrate of the First Class.
Dual Jurisdiction: Gram Nyayalayas are unique because they try both civil suits and criminal cases using summary procedures. They deal with minor criminal offenses and specific civil disputes related to property and agriculture.
The Appellate Hierarchy: In criminal cases, an appeal against the judgment of a Gram Nyayalaya must be filed in the Court of Session. In civil matters, the appeal lies with the District Court. Appeals must be heard within a strict time frame of six months.

📌 Legal Services • Social Justice

Q.13) Under the Legal Services Authorities Act, 1987 (NALSA), which of the following categories of persons is entitled to free legal services regardless of their income?

Ans > D) All of the above

Fulfilling Constitutional Mandates: The Legal Services Authorities Act, 1987, gives statutory backing to Article 39A (free legal aid). NALSA was created to monitor the implementation of legal aid programs across the country.
Absolute Entitlements vs. Means Testing: While most citizens must pass a “means test” (falling below a certain income threshold) to access free aid, Section 12 of the Act identifies highly vulnerable groups who are entitled absolutely irrespective of financial status.
The Beneficiaries: This applies unconditionally to women and children, members of SCs and STs, industrial workmen, victims of mass disasters, disabled persons, those in custody, and victims of human trafficking or begar (forced labor).

📌 Judiciary • Alternate Dispute Resolution

Q.14) Permanent Lok Adalats have been set up under an amendment to the Legal Services Authorities Act to deal specifically with cases pertaining to:

Ans > B) Public Utility Services (like transport, postal, telegraph, power, water)

The Need for Institutional Evolution: Regular Lok Adalats had a structural limitation: they could only resolve disputes based on compromise. To remedy cases returning to regular courts upon failure, the Act was amended in 2002 to create “Permanent Lok Adalats.”
Focus on Public Utilities: Unlike regular Lok Adalats, Permanent Lok Adalats have a highly specialized mandate specifically handling disputes arising out of “Public Utility Services” like transport, postal, power, and sanitation systems.
Binding Arbitration Power: If pre-litigation conciliation fails, the Permanent Lok Adalat has the statutory authority to decide the dispute on its merits. Its award is final, binding on all parties, and cannot be appealed in a regular civil court.

📌 Judiciary • Specialized Courts

Q.15) Family Courts are established under the Family Courts Act, 1984. The Act makes it obligatory for the State Government to set up a Family Court in every city or town with a population exceeding:

Ans > C) 10 Lakhs (1 Million)

Moving Away from Adversarial Litigation: The Family Courts Act, 1984 was enacted to radically shift the paradigm of family disputes (marriage, divorce, custody) from a rigid adversarial approach to one of conciliation and speedy settlement.
The Statutory Mandate: While state governments have discretion to set up Family Courts anywhere, the Act imposes a strict statutory obligation to establish a Family Court in every city or town whose population exceeds 10 lakhs (one million).
Unique Procedural Mechanisms: They are not strictly bound by the rigid rules of the Indian Evidence Act. Legal practitioners are generally not permitted as a matter of right, and courts integrate social workers to provide counseling to preserve the family unit.

📌 Armed Forces • Internal Security

Q.16) While states like Tripura and Meghalaya have completely revoked the Armed Forces (Special Powers) Act, 1958 (AFSPA), which of the following states still has AFSPA operational in several of its districts (despite recent phased withdrawals)?

Ans > C) Nagaland

The Origins of the Law: The Armed Forces (Special Powers) Act, 1958, grants sweeping powers to the Indian armed forces in “disturbed areas,” originally enacted to deal with the Naga insurgency. It provides broad immunity from civil prosecution.
The Situation in Nagaland: Nagaland is the historical epicenter of AFSPA. Following peace negotiations, the Centre began a phased withdrawal of AFSPA in recent years (2022 onwards), removing it from several police station limits. However, it still remains actively operational in several other districts of the state.
Revocations in Neighboring States: Tripura completely revoked AFSPA in 2015. Meghalaya entirely removed AFSPA in 2018. Mizoram has been free of AFSPA following the historic Mizo Peace Accord of 1986.

📌 Local Government • Tribal Areas

Q.17) Under the Sixth Schedule, District Councils and Regional Councils have the power to constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to:

Ans > B) Scheduled Tribes within such areas

The Autonomy of the Sixth Schedule: The Sixth Schedule provides a unique governance structure (Autonomous District Councils) for tribal areas in Assam, Meghalaya, Tripura, and Mizoram to protect distinct social customs and traditional laws.
Judicial Powers and Customary Law: Unlike normal Panchayats, these Councils possess robust legislative and judicial powers, including constituting village councils to administer justice according to traditional customs regarding inheritance, marriage, etc.
Jurisdictional Boundaries: The jurisdiction of these village councils is strictly defined by identity. They can try cases only where all parties involved belong to the Scheduled Tribes resident within that specific autonomous area.

📌 Union Territories • Executive

Q.18) In Union Territories, the administrator appointed by the President is known by different designations. In Delhi, Puducherry, and the Andaman & Nicobar Islands, they are designated as:

Ans > C) Lieutenant Governor

The Constitutional Framework of UTs: Union Territories are directly governed by the Central Government under Article 239. The territory is administered by the President acting through an “Administrator” with specific designations.
The Role of the Lieutenant Governor: In UTs that are politically complex, historically significant, or possess their own legislative assemblies (Delhi, Puducherry, Andaman & Nicobar, J&K, Ladakh), the administrator is designated as “Lieutenant Governor” (LG).
Distinct from a State Governor: An LG is fundamentally different from a State Governor. A Lieutenant Governor acts as an agent of the President (Union Home Ministry), possessing wider discretionary powers, unlike a Governor who acts mostly on the advice of Ministers.

📌 Union Territories • Executive

Q.19) In Chandigarh, Dadra and Nagar Haveli and Daman and Diu, and Lakshadweep, the representative of the President is designated as:

Ans > C) Administrator

Governance Without Legislatures: UTs like Chandigarh, Lakshadweep, and Dadra & Nagar Haveli and Daman & Diu do not possess elected legislative assemblies. Their administration relies on direct central bureaucratic control.
The Designation of Administrator: In these specific territories, the President’s representative is officially designated simply as the “Administrator,” acting as the direct executive head without an elected local cabinet.
Bureaucratic Appointments: Administrators are typically senior civil servants (IAS/IPS). Uniquely, the Governor of Punjab is concurrently appointed as the Administrator of Chandigarh ex-officio.

📌 Union Territories • Legislative Powers

Q.20) Under the special provisions for Delhi (Article 239AA), the Delhi Legislative Assembly can make laws on all matters in the State List and Concurrent List, EXCEPT for three subjects. Which of the following is NOT one of those three excluded subjects?

Ans > C) Public Health

The 69th Constitutional Amendment: The 69th Amendment (1991) inserted Article 239AA, granting Delhi special status as the National Capital Territory (NCT) with a Legislative Assembly and a Council of Ministers.
The Power Concession: The elected Assembly was granted power to legislate on matters in the State List and Concurrent List, covering areas like education, transport, and Public Health.
The Three Crucial Exceptions: Because Delhi is the national capital, the Constitution strips the Delhi Assembly of legislative power over three specific entries in the State List: Public Order, Police, and Land. These remain under the Union Home Ministry.

📌 Statutory Bodies • Investigation

Q.21) The Central Bureau of Investigation (CBI) is not a statutory body. It derives its power from the Delhi Special Police Establishment Act, 1946. Which Ministry exercises administrative control over the CBI?

Ans > B) Ministry of Personnel, Public Grievances and Pensions

Origins and Legal Status: The CBI is India’s premier investigating agency. Unlike the NIA, it is not a statutory body. It derives its legal powers to investigate crimes exclusively from the Delhi Special Police Establishment (DSPE) Act, 1946.
Administrative vs. Investigative Control: While initially under Home Affairs, the CBI today functions under the administrative control of the Department of Personnel and Training (DoPT) within the Ministry of Personnel, Public Grievances and Pensions.
The Nuance of Jurisdiction: The DoPT handles administrative matters. However, for investigations under the Prevention of Corruption Act, the CBI’s superintendence vests with the Central Vigilance Commission (CVC).

📌 Statutory Bodies • Anti-Corruption

Q.22) Which statutory body is tasked with receiving complaints against public servants regarding violations of the Prevention of Corruption Act, 1988?

Ans > A) Central Vigilance Commission (CVC)

Genesis and the Santhanam Committee: Based on the recommendations of the Santhanam Committee, the CVC was established in 1964 via an executive resolution to advise and guide Central Government agencies in vigilance.
Evolution to Statutory Status: Following the Supreme Court’s judgment in the Vineet Narain case, Parliament passed the Central Vigilance Commission Act, 2003, granting the CVC full statutory status.
Core Mandate and Jurisdiction: The CVC is the apex vigilance institution. Its primary mandate is to receive complaints of corruption against central public servants and to inquire into offenses under the Prevention of Corruption Act, 1988.

📌 Centre-State Relations • Tribunals

Q.23) Under Article 262, Parliament enacted the Inter-State Water Disputes Act in 1956. This Act empowers whom to set up an ad-hoc tribunal for the adjudication of a dispute between two or more states in relation to river waters?

Ans > B) The Central Government

The Constitutional Carve-Out: Article 262 allows Parliament to provide for the adjudication of inter-state river disputes and completely oust the jurisdiction of the Supreme Court and all other courts in these specific matters.
The Mechanism of the Act: The Inter-State River Water Disputes Act, 1956 dictates that if a state requests intervention and the Central Government determines negotiation has failed, a formal legal mechanism is triggered.
The Power to Establish Tribunals: The statutory power to actually constitute an ad-hoc Water Disputes Tribunal lies exclusively with the Central Government. The CJI then nominates sitting judges to preside over it.

📌 Centre-State Relations • Water Disputes

Q.24) Has the Parliament enacted the River Boards Act (1956) for the regulation and development of inter-state rivers and river valleys?

Ans > B) Yes, but to date, no River Board has been created under this Act

The Twin-Track Legislative Intent: In 1956, Parliament enacted two laws: the Inter-State Water Disputes Act for post-dispute adjudication, and the River Boards Act to proactively foster cooperative integrated development of river basins.
The Failure of Implementation: The River Boards Act is widely considered a dead letter. The Central Government has never utilized this Act to establish a single statutory River Board due to intense political resistance from state governments.
Alternative Administrative Structures: Instead of statutory River Boards, the government relies on the confrontational Tribunal system or non-statutory executive boards created under specific resolutions.

📌 Statutory Bodies • Child Rights

Q.25) The National Commission for Protection of Child Rights (NCPCR) defines a “child” as a person up to the age of:

Ans > C) 18 years

The Statutory Framework: The NCPCR is a statutory body established in 2007 under the CPCR Act, 2005. Its mandate ensures laws align with child rights perspectives enshrined in the Constitution and the UNCRC.
Universal Definition of a Child: Section 2(a) of the CPCR Act, 2005, explicitly defines a “child” as a person in the 0 to 18 years age group, protecting infants, young children, and adolescents.
Alignment with Other Major Laws: This 18-year threshold aligns the NCPCR’s jurisdiction with foundational legislations like the Juvenile Justice Act, 2015, and the POCSO Act, 2012, ensuring no legal loopholes exist.

📌 Anti-Corruption • Constitutional Bodies

Q.26) The institution of the “Lokpal” at the center consists of a Chairperson and a maximum of 8 members. What is the mandatory composition of these 8 members?

Ans > A) 50% must be judicial members

The Long Road to Enactment: Following the massive 2011 anti-corruption movement, Parliament passed the Lokpal and Lokayuktas Act in 2013, establishing an independent ombudsman to investigate corruption at the highest levels.
The Structure of the Institution: Led by a Chairperson (former CJI/SC Judge or eminent person), the Lokpal consists of a maximum of eight members to assist in managing its vast jurisdiction.
Mandatory Quotas for Expertise and Diversity: The Act mandates that exactly 50% of the members must be Judicial Members. Furthermore, not less than 50% of the members must belong to SCs, STs, OBCs, Minorities, and Women.

📌 Financial Relations • Borrowing Powers

Q.27) The Constitution (Article 292) allows the Government of India to borrow upon the security of the Consolidated Fund of India. What is the limit on this borrowing?

Ans > C) Such limits, if any, as may from time to time be fixed by Parliament by law

The Executive Power to Borrow: Article 292 grants the executive branch the authority to borrow money domestically and internationally upon the security of the Consolidated Fund of India.
Parliamentary Control: To ensure the executive doesn’t have uncontrolled financial power, Article 292 explicitly states borrowing is subject to “such limits, if any, as may from time to time be fixed by Parliament by law.”
Implementation via the FRBM Act: It wasn’t until 2003 that Parliament passed the FRBM Act, which institutionalized financial discipline and set specific targets to reduce fiscal deficits and public debt.

📌 Constitutional Law • State Liability

Q.28) Article 300 of the Constitution states that the Government of India may sue or be sued by the name of the:

Ans > B) Union of India

The State as a Legal Entity: Article 300 confers distinct legal personality upon the sovereign State, declaring that the Government of India is a single juristic person in the eyes of the law.
The Nomenclature for Litigation: Citizens or corporations do not sue the President (who enjoys immunity) or a minister. The Constitution dictates the Government of India must sue or be sued under the name “Union of India.”
Historical Continuity: This maintains the exact same legal position regarding sovereign liability inherited from the Dominion of India, which inherited it from the British Crown.

📌 Constitutional Law • State Liability

Q.29) Similarly, the Government of a State may sue or be sued by the name of the:

Ans > B) State (e.g., State of Maharashtra)

Federal Legal Personalities: India’s federal structure dictates state governments are autonomous, possessing an independent juristic personality separate from the Union of India under Article 300.
Proper Designation in Lawsuits: Article 300 specifies that state governments must sue or be sued by the name of the specific State itself (e.g., “State of Maharashtra”).
Procedural Requirements: Section 80 of the Civil Procedure Code (CPC) mandates a two-month advance notice before filing a civil suit against a government to allow time for out-of-court settlement.

📌 Elections • Constitutional Amendments

Q.30) Which Constitutional Amendment completely abolished the system of Election Tribunals and vested the power to hear election petitions directly in the High Courts?

Ans > B) 19th Amendment Act (1966)

The Pre-1966 Adjudication System: Initially, Article 324 vested the Election Commission with the power to appoint “Election Tribunals” to resolve electoral disputes via election petitions.
Delays and Inefficiency: The tribunal system was deeply flawed, with proceedings dragging on for years and generating multiple tiers of litigation (appeals to High Courts and Supreme Court) that often outlasted the elected term.
The 19th Amendment Overhaul: The 19th Constitutional Amendment Act (1966) abolished the tribunal system entirely. It vested the original jurisdiction to hear and decide all election petitions directly in the High Courts.

📌 Quick Summary — Polity Set 156

Sedition Law: Upheld in Kedar Nath Singh v. State of Bihar, restricted to incitement.
Instant Triple Talaq: Struck down in Shayara Bano v. Union of India (2017).
Sabarimala Temple: Ban on menstruating women lifted in Indian Young Lawyers Association case.
Absolute Liability: Evolved in M.C. Mehta v. Union of India (Oleum Gas Leak case).
Floor Test Mandate: Established in S.R. Bommai v. Union of India (1994).
Locus Standi Relaxed: Paved the way for PILs in the First Judges Case (S.P. Gupta).
Right to Life & Dignity: Applied to bonded laborers in Bandhua Mukti Morcha.
Supreme Court Collegium: Consists of CJI + 4 senior-most judges.
High Court Collegium: Consists of CJI + 2 senior-most SC judges.
HC Retired Judges: Article 224A allows CJI of HC (with President’s consent) to appoint.
Ad Hoc Judges: Provision exists ONLY for the Supreme Court (Article 127).
Gram Nyayalayas: Criminal appeals lie to the Court of Session.
Free Legal Aid (NALSA): Absolute entitlement for women, children, SC/ST, and victims of trafficking.
Permanent Lok Adalats: Specially deal with Public Utility Services.
Family Courts: Obligatory in cities with population exceeding 10 Lakhs.
AFSPA: Nagaland still partially covered; Tripura/Meghalaya fully revoked it.
Sixth Schedule: Village councils try cases involving Scheduled Tribes.
UT Administrators: Designated as Lieutenant Governor in Delhi, Puducherry, A&N.
UT Administrators: Designated as Administrator in Chandigarh, Lakshadweep.
Delhi Assembly Power: Excluded from making laws on Public Order, Police, and Land.
CBI Admin Control: Vests with Ministry of Personnel, Public Grievances and Pensions.
CVC Mandate: Receives complaints under Prevention of Corruption Act.
Inter-State Water Disputes: Central Government sets up ad-hoc tribunals.
River Boards Act 1956: Enacted but no statutory River Board has ever been created.
Child Definition (NCPCR): Up to the age of 18 years.
Lokpal Composition: Mandates 50% must be judicial members.
Govt Borrowing Limit: Fixed by Parliament by law (e.g., FRBM Act).
Union Lawsuits: Filed by/against the “Union of India” (Article 300).
State Lawsuits: Filed by/against the “State” (e.g., State of Maharashtra).
Election Tribunals Abolished: By 19th Amendment Act (1966), powers given to High Courts.

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Polity Set 156

Q.1) In which landmark case (1962) did the Supreme Court uphold the constitutional validity of the sedition law (Section 124A of the IPC) but restricted its application to acts involving intention or tendency to create public disorder or incitement to violence?

Q.2) The Supreme Court declared the practice of “Instant Triple Talaq” (Talaq-e-Biddat) as unconstitutional in 2017. What was the name of this landmark case?

Q.3) In 2018, the Supreme Court lifted the ban on the entry of women of menstruating age into a prominent Kerala temple, citing the violation of Articles 14, 15, and 25. Which case was this?

Q.4) The principle of “Absolute Liability” (where an enterprise engaged in a hazardous or inherently dangerous industry is strictly liable for damages) was evolved by the Supreme Court in the landmark 1986 case of:

Q.5) In which case did the Supreme Court mandate that if a government loses its majority, a “Floor Test” in the Legislative Assembly is the only proper way to test its majority, rather than the subjective opinion of the Governor?

Q.6) The Supreme Court significantly relaxed the rule of Locus Standi, paving the way for Public Interest Litigations (PILs), in the landmark S.P. Gupta v. Union of India case, also known as the:

Q.7) In which landmark case (1984) did the Supreme Court rule that the Right to Life (Article 21) includes the right to live with human dignity, explicitly applying it to the rescue and rehabilitation of bonded laborers?

Q.8) The “Collegium” for the appointment of Judges to the Supreme Court of India consists of the Chief Justice of India and:

Q.9) The “Collegium” for the appointment of Judges to a High Court consists of the Chief Justice of India and:

Q.10) Article 224A allows for the appointment of retired judges at sittings of High Courts. Who can request a retired judge of a High Court to sit and act as a judge of that High Court?

Q.11) Does the Constitution provide for the appointment of Ad hoc judges to the High Courts?

Q.12) Gram Nyayalayas (Village Courts) are established under the Gram Nyayalayas Act, 2008. Appeals in criminal cases against the judgments of the Gram Nyayalaya lie to the:

Q.13) Under the Legal Services Authorities Act, 1987 (NALSA), which of the following categories of persons is entitled to free legal services regardless of their income?

Q.14) Permanent Lok Adalats have been set up under an amendment to the Legal Services Authorities Act to deal specifically with cases pertaining to:

Q.15) Family Courts are established under the Family Courts Act, 1984. The Act makes it obligatory for the State Government to set up a Family Court in every city or town with a population exceeding:

Q.16) While states like Tripura and Meghalaya have completely revoked the Armed Forces (Special Powers) Act, 1958 (AFSPA), which of the following states still has AFSPA operational in several of its districts (despite recent phased withdrawals)?

Q.17) Under the Sixth Schedule, District Councils and Regional Councils have the power to constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to:

Q.18) In Union Territories, the administrator appointed by the President is known by different designations. In Delhi, Puducherry, and the Andaman & Nicobar Islands, they are designated as:

Q.19) In Chandigarh, Dadra and Nagar Haveli and Daman and Diu, and Lakshadweep, the representative of the President is designated as:

Q.20) Under the special provisions for Delhi (Article 239AA), the Delhi Legislative Assembly can make laws on all matters in the State List and Concurrent List, EXCEPT for three subjects. Which of the following is NOT one of those three excluded subjects?

Q.21) The Central Bureau of Investigation (CBI) is not a statutory body. It derives its power from the Delhi Special Police Establishment Act, 1946. Which Ministry exercises administrative control over the CBI?

Q.22) Which statutory body is tasked with receiving complaints against public servants regarding violations of the Prevention of Corruption Act, 1988?

Q.23) Under Article 262, Parliament enacted the Inter-State Water Disputes Act in 1956. This Act empowers whom to set up an ad-hoc tribunal for the adjudication of a dispute between two or more states in relation to river waters?

Q.24) Has the Parliament enacted the River Boards Act (1956) for the regulation and development of inter-state rivers and river valleys?

Q.25) The National Commission for Protection of Child Rights (NCPCR) defines a “child” as a person up to the age of:

Q.26) The institution of the “Lokpal” at the center consists of a Chairperson and a maximum of 8 members. What is the mandatory composition of these 8 members?

Q.27) The Constitution (Article 292) allows the Government of India to borrow upon the security of the Consolidated Fund of India. What is the limit on this borrowing?

Q.28) Article 300 of the Constitution states that the Government of India may sue or be sued by the name of the:

Q.29) Similarly, the Government of a State may sue or be sued by the name of the:

Q.30) Which Constitutional Amendment completely abolished the system of Election Tribunals and vested the power to hear election petitions directly in the High Courts?

📌 Quick Summary — Polity Set 156

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Q.1) In which landmark case (1962) did the Supreme Court uphold the constitutional validity of the sedition law (Section 124A of the IPC) but restricted its application to acts involving intention or tendency to create public disorder or incitement to violence?

Q.2) The Supreme Court declared the practice of “Instant Triple Talaq” (Talaq-e-Biddat) as unconstitutional in 2017. What was the name of this landmark case?

Q.3) In 2018, the Supreme Court lifted the ban on the entry of women of menstruating age into a prominent Kerala temple, citing the violation of Articles 14, 15, and 25. Which case was this?

Q.4) The principle of “Absolute Liability” (where an enterprise engaged in a hazardous or inherently dangerous industry is strictly liable for damages) was evolved by the Supreme Court in the landmark 1986 case of:

Q.5) In which case did the Supreme Court mandate that if a government loses its majority, a “Floor Test” in the Legislative Assembly is the only proper way to test its majority, rather than the subjective opinion of the Governor?

Q.6) The Supreme Court significantly relaxed the rule of Locus Standi, paving the way for Public Interest Litigations (PILs), in the landmark S.P. Gupta v. Union of India case, also known as the:

Q.7) In which landmark case (1984) did the Supreme Court rule that the Right to Life (Article 21) includes the right to live with human dignity, explicitly applying it to the rescue and rehabilitation of bonded laborers?

Q.8) The “Collegium” for the appointment of Judges to the Supreme Court of India consists of the Chief Justice of India and:

Q.9) The “Collegium” for the appointment of Judges to a High Court consists of the Chief Justice of India and:

Q.10) Article 224A allows for the appointment of retired judges at sittings of High Courts. Who can request a retired judge of a High Court to sit and act as a judge of that High Court?

Q.11) Does the Constitution provide for the appointment of Ad hoc judges to the High Courts?

Q.12) Gram Nyayalayas (Village Courts) are established under the Gram Nyayalayas Act, 2008. Appeals in criminal cases against the judgments of the Gram Nyayalaya lie to the:

Q.13) Under the Legal Services Authorities Act, 1987 (NALSA), which of the following categories of persons is entitled to free legal services regardless of their income?

Q.14) Permanent Lok Adalats have been set up under an amendment to the Legal Services Authorities Act to deal specifically with cases pertaining to:

Q.15) Family Courts are established under the Family Courts Act, 1984. The Act makes it obligatory for the State Government to set up a Family Court in every city or town with a population exceeding:

Q.16) While states like Tripura and Meghalaya have completely revoked the Armed Forces (Special Powers) Act, 1958 (AFSPA), which of the following states still has AFSPA operational in several of its districts (despite recent phased withdrawals)?

Q.17) Under the Sixth Schedule, District Councils and Regional Councils have the power to constitute village councils or courts for the trial of suits and cases between the parties all of whom belong to:

Q.18) In Union Territories, the administrator appointed by the President is known by different designations. In Delhi, Puducherry, and the Andaman & Nicobar Islands, they are designated as:

Q.19) In Chandigarh, Dadra and Nagar Haveli and Daman and Diu, and Lakshadweep, the representative of the President is designated as:

Q.20) Under the special provisions for Delhi (Article 239AA), the Delhi Legislative Assembly can make laws on all matters in the State List and Concurrent List, EXCEPT for three subjects. Which of the following is NOT one of those three excluded subjects?

Q.21) The Central Bureau of Investigation (CBI) is not a statutory body. It derives its power from the Delhi Special Police Establishment Act, 1946. Which Ministry exercises administrative control over the CBI?

Q.22) Which statutory body is tasked with receiving complaints against public servants regarding violations of the Prevention of Corruption Act, 1988?

Q.23) Under Article 262, Parliament enacted the Inter-State Water Disputes Act in 1956. This Act empowers whom to set up an ad-hoc tribunal for the adjudication of a dispute between two or more states in relation to river waters?

Q.24) Has the Parliament enacted the River Boards Act (1956) for the regulation and development of inter-state rivers and river valleys?

Q.25) The National Commission for Protection of Child Rights (NCPCR) defines a “child” as a person up to the age of:

Q.26) The institution of the “Lokpal” at the center consists of a Chairperson and a maximum of 8 members. What is the mandatory composition of these 8 members?

Q.27) The Constitution (Article 292) allows the Government of India to borrow upon the security of the Consolidated Fund of India. What is the limit on this borrowing?

Q.28) Article 300 of the Constitution states that the Government of India may sue or be sued by the name of the:

Q.29) Similarly, the Government of a State may sue or be sued by the name of the:

Q.30) Which Constitutional Amendment completely abolished the system of Election Tribunals and vested the power to hear election petitions directly in the High Courts?

📌 Quick Summary — Polity Set 156

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