Daily Quiz: UPSC Prelims Marathon – July 11, 2018

Central Board of Film Certification (CBFC) is a Statutory body under Ministry of Information and Broadcasting, regulating the public exhibition of films under the provisions of the Cinematograph Act 1952. Films can be publicly exhibited in India only after they have been certified by the Central Board of Film Certification.

The Board, consists of non-official members and a Chairman (all of whom are appointed by Central Government) and functions with headquarters at Mumbai. It has nine Regional offices. The members of the panels are nominated by Central Government by drawing people from different walks of life for a period of 2 years. The Certification process is in accordance with The Cinematograph Act, 1952, The Cinematograph (certification) Rules, 1983, and the guidelines issued by the Central government u/s 5 (B).

At present films are certified under 4 categories;

Unrestricted Public Exhibition

Unrestricted Public Exhibition – but with a word of caution that Parental discretion required for children below 12 years

Restricted to adults

Restricted to any special class of persons

Weaker section of society comprises of sc, st, obc, women, children, disabled and elderly

Following provisions of the constitution deals with the upliftment of the weaker section

Fundamenta Rights: A16 (abolition of untouchability); A15; A24 (prohibition of employment of children in factories)

DPSP: A46 (promotion of educational and economic interest of sc, st and other backward classes)

Eleventh Schedule: entry 27 : welfare of the weaker section

Twelfth Schedule: entry9: safeguarding the interest of the weaker section

Article 33 empowers the Parliament to restrict or abrogate the FR of the members of armed forces, para military forces, police forces, intelligence agencies and analogous forces. This power is conferred only on Parliament and not on state legislatures.

Any such law made by Parliament cannot be challenged in any court on the ground of contravention

of any of the Fundamental Rights.

A parliamentary law enacted under Article 33 can also exclude the court martials (tribunals

established under the military law) from the writ jurisdiction of the Supreme Court and the high

courts, so far as the enforcement of Fundamental Rights is concerned.

There is no concept of model code of conduct for Rajya Sabha elections.

The representatives of states in the Rajya Sabha are elected by the elected members of state legislative Assemblies (not nominated members). The election is held with the system of proportional representation by means of single transferable vote. The seats are allotted to the states on the basis of population, hence states have varying representation in Rajya Sabha.

Out of seven UTs, only two (Delhi and Pondicherry) have representation in Rajya Sabha.

States do not have equal representation in Rajya Sabha

The original Constitution did not contain provisions with respect to tribunals. The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution entitled as ‘Tribunals’ and consists of two Articles- 323 A dealing with administrative tribunals and 323 B dealing with tribunals for other matters.

While tribunals under 323 A can be established only by Parliament, those under 323 B can be established both by the Parliament and state legislatures with respect to matters falling within their legislative competence.

In Chandra Kumar case, the Supreme Court declared those provisions of these two articles which excluded the jurisdiction of the high courts and the Supreme Court as unconstitutional. Hence, the judicial remedies are now available against the orders of these tribunals.

The Central Administrative tribunal is not bound by the procedure laid down in the Civil ProcedureCode of 1908. It is guided by the principles of natural justice.

Prohibition is the only writ which is issued against judicial or quasi-judicial authorities only.It is issued by higher court to lower court to prevent the latter from exceeding its jurisdiction.

Certiorari: It is issued by higher court to a lower court or administrative authority over excess of jurisdiction or error of law.

Quo warranto: It is issued by the court to enquire into the legality over a public office claimed by an individual.It cannot be issued against ministerial office or private office.ministerial office or private office.

THIRD SCHEDULE

Form of oath of office for a Minister for the Union

Form of oath of secrecy for a Minister for the Union

Form of oath or affirmation to be made by a candidate for election to Parliament

Form of oath or affirmation to be made by a member of Parliament

Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India

Form of oath of office for a Minister for a State

Form of oath of secrecy for a Minister for a State

Form of oath or affirmation to be made by a candidate for election to the Legislature of a State

Form of oath or affirmation to be made by a member of the Legislature of a State

Form of oath or affirmation to be made by the Judges of a High Court