Hello All,
The Group usage here is a little cumbersome, so I am creating this thread to make sure that all questions with doubts stay in one place. Can someone push all the doubts and queries here? I will make this an announcement?
-Faceless, Anonymous "root"
SFG-2 Test-8 Q.No.34(25th feb)
Please rectify the answer key of Q.No.34.The 2nd statement i.e.State govt.can borrow only from within india is correct.So the ans.should be option-C-Both1&2.
It is old information and needs updation. State Govt agencies can borrow loans from abroad since 2017. Plz refer the article https://pib.gov.in/newsite/PrintRelease.aspx?relid=161135
Qatil sawal, well done! accha huwa yaha galat kiya
@Thinker @root test 9..q 47 ..answer in the key is wrong..it should be option D..reservation is not in all states
332. Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States
@Thinker With respect to statement 1 of Q 29 - its an abridged form of Art 365.
Art 365 says - When state has failed to comply with 'any' directions " given in exercise of Executive power of Union" undet the provisions of Constitution then....
While statement 1 uses 'any' in a blanket form which i think makes the statement incorrect as only constitutional directions from Centre to State qualifies under this.
Centre directing the state for eg to make law on a state subject or directing it to reduce mortality rate by x%, etc aren't constitutional directions & hence not following them isn't reason for applying President Rule. (SC in Bommai case has laid down cases of improper & proper use of Art 356).
365. Effect of failure to comply with, or to give effect to, directions given by the Union Where any State has failed to comply with or to give effect to any directions given in the exercise of the executive power of the Union under any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution.
This is a verbatim definition of article 365. Furthur the constitution has mentioned only some directions from centre to state. However Constitution has nowhere put limitations on the power of centre to give direction to the state and that is what article 365 suggest.
@Thinker wrt the discussion above on change in 2017 guidelines allowing state govt "entities" to allow borrowing directly from outside agencies based on a guarantee by state govt.... (Q34)
aren't state govt 'entities'(MMRDA,etc) & state govt different for borrowing purposes?
How can they be different? Can state govt entities borrow loans without guarantee of state consolidated fund or without permission of the State government?
Sfg-2 test 9Why is Q42 cancelled?The question asks for correct statements.There is right answer available in the options
Statement 1 is incorrect - as it is three types and not three-tier.
Statement 2 is incorrect - as it is a voluntary provision and not compulsory.
Statement 3 is incorrect - as State FC and EC are constituted by the 73rd constitutional amendment act.
Since all are incorrect and no option mentions NONE OF THE ABOVE the question stand canceled.
@Thinker Q47..how is option C correct?
This was the original provision of the Constitution which has been amended by 51st Constitutional Amendment Act. It was further extended via 57th CAA.
The Constitution (Fifty-first Amendment) Act, 1984 was enacted to provide for reservation of seats in the House of the People for the Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh and also for reservation of seats for Scheduled Tribes in the Legislative Assemblies of Nagaland and Meghalaya by suitably amending articles 330 and 332.
Plz, refer the link. https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-fifty-seventh-amendment-act-1987
Further in order to enforce this provision the Section 7 of Representation of Peoples Act 1951 was amended. Plz, refer to the link. https://indiankanoon.org/doc/184733422/
@Thinker Test 9, Q30 is PYQ from year 2016. UPSC, itself, said Chief Secretary is not appointed by Governor.
Also gave answer as D but answer key here says A!
also, Q18, why is statement 2 wrong?? For statement 1, I can understand that prohibition is preventive thus can not be issued when lower court has already given decision. But for statement 2, I am clueless as Certiorari is preventive as well as curative.
Test 9
Pls check answer of question no 30 , it is previous yr question in which the official upsc key says D as answer ,
Chief secretary is appointed by the government
hello @Thinker ,
Ref: Test no 6 (saturday)
Q41. OLIVE RIDLEY TURTLES
1. They are the smallest and most abundant of all sea turtles.
THIS STATEMENT IS WRONG as Kemp Ridley is the smallest of all.
refer screenshot attached
https://www.seeturtles.org/olive-ridley-turtles
@Thinker @root can i expect some light on this doubt?
@Thinker
Test 9
Q.23, could you explain why both the statements are wrong. Who else can adjourn proceedings other than the presiding officer?
Q.24, please provide explanation wrt statement 1.
Q.25, it's a pyq of 2009. The second statement is correct. Answer should be B.
Q.30, acc to UPSC key, answer is D
Q.31, wrt the 2nd statement, for foreigners, NBA deals with it.
yaha WWF to OR ko hi smallest bata raha.
phir https://www.nationalgeographic.com/animals/reptiles/o/olive-ridley-sea-turtle/ yaha NatGeo bol raha ki ... The olive ridley has a slightly smaller head and smaller shell than the Kemp’s.
Explanation sheet pls for Test 8& 9.
@Thinker With respect to statement 1 of Q 29 - its an abridged form of Art 365.
Art 365 says - When state has failed to comply with 'any' directions " given in exercise of Executive power of Union" undet the provisions of Constitution then....
While statement 1 uses 'any' in a blanket form which i think makes the statement incorrect as only constitutional directions from Centre to State qualifies under this.
Centre directing the state for eg to make law on a state subject or directing it to reduce mortality rate by x%, etc aren't constitutional directions & hence not following them isn't reason for applying President Rule. (SC in Bommai case has laid down cases of improper & proper use of Art 356).
365. Effect of failure to comply with, or to give effect to, directions given by the Union Where any State has failed to comply with or to give effect to any directions given in the exercise of the executive power of the Union under any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution.
This is a verbatim definition of article 365. Furthur the constitution has mentioned only some directions from centre to state. However Constitution has nowhere put limitations on the power of centre to give direction to the state and that is what article 365 suggest.
I think its very clear here that limitation is imposed inherently in Art 365 that the direction should be in exercise of Executive power of Union. Failure to comply with Any direction by Centre to state isn't condition for imposing President's Rule.