Daily Quiz: UPSC Prelims Marathon – November 28, 2018

Statement 1 is incorrect. Articles 239 to 241 in Part VIII of the Constitution deal with the union territories. Even though all the union territories belong to one category, there is no uniformity in their administrative system.

Statement 2 is correct. The Constitution does not contain any separate provisions for the administration of acquired territories. But, the constitutional provisions for the administration of union territories also apply to the acquired territories.

Statement 1 is correct. Under Fifth Schedule, the most important institution is the Tribes Advisory Council. In the Tribes Advisory Council, Scheduled Tribe MLA’s in the state consists of its three-fourth membership. Since Tribes Advisory Council is formed by the provisions of the Fifth Schedule it has the status of a constitutional body. The Schedule is aimed towards making the State responsible towards the promotion of educational and economic interests of Tribals.

Statement 2 is correct. With regard to the Tribes Advisory Council, the Para 4 (1) of the Fifth Schedule to the Constitution envisages that “There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein. In terms of clause (2) of Para 4 of the Fifth Schedule, it shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.

The Chairperson and members of a State Human Rights Commission are appointed by the Governor. They can be removed only by the President (and not by the Governor). The President can remove them on the same grounds and in the same manner as he can remove the chairperson or a member of the National Human Rights Commission.

If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove the chairperson or a member.

Statement 2 is incorrect. The State Human Rights Commission’s recommendations are not binding on the state government or authority.

Statement 2 is correct. The State Human Rights Commission should be informed about the action taken on its recommendations within one month.

Statement 1 is incorrect. The American constitution was the first to begin with a Preamble. India adopted this practice.

Statement 2 is correct. In Keshavananda Bharti case, The Supreme Court of India has held that preamble is a part of Constitution; and if there is any lack of clarity in the constitution, the judiciary turns to the Preamble in its interpretation of the relevant provisions.

Statement 3 is incorrect. The Preamble states that the Constitution derives its authority from the people of India not from the constituent assembly.

The Central Information Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners.

They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.

Where the Leader of Opposition in the Lok Sabha has not been recognized as such, the Leader of the single largest group in opposition of the Government in the Lok Sabha shall be deemed to be the Leader of the Opposition.

Statement 1 is incorrect. Both the Assembly and the Council have equal power in enlargement of the jurisdiction of the State Public Service Commission.

Statement 2 is incorrect. Ministers including the chief minister can be members of either House of the state legislature. However, irrespective of their membership, they are responsible only to the assembly.