Insights Static Quiz -74, 2018
Polity and Rights issues
INSIGHTS IAS QUIZ ON STATIC SYLLABUS - 2018
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Question 1 of 5
1. Question
Consider the following statements
- Official Secrets Act is the only law that deals with espionage in the country
- National Security Act provides for preventive detention
Which of the above is/are correct?
Correct
Answer – c
- 2nd ARC recommended that Official Secrets Act, 1923 should be repealed, and substituted by a chapter in the National Security Act, containing provisions relating to official secrets.
- The recommendation has not been accepted. OSA is the only law to deal with the cases of espionage, wrongful possession and communication of sensitive information detrimental to the security of the State.
- National Security Act (NSA) provides for preventive powers to deal with likely threats to maintenance of public order and security of the country, maintenance of essential services etc. It provides for preventive detention but does not define any substantive offence. On the other hand, the OSA is a substantive law.
Source – Government response to 2nd ARC reports available on DARP website
Incorrect
Answer – c
- 2nd ARC recommended that Official Secrets Act, 1923 should be repealed, and substituted by a chapter in the National Security Act, containing provisions relating to official secrets.
- The recommendation has not been accepted. OSA is the only law to deal with the cases of espionage, wrongful possession and communication of sensitive information detrimental to the security of the State.
- National Security Act (NSA) provides for preventive powers to deal with likely threats to maintenance of public order and security of the country, maintenance of essential services etc. It provides for preventive detention but does not define any substantive offence. On the other hand, the OSA is a substantive law.
Source – Government response to 2nd ARC reports available on DARP website
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Question 2 of 5
2. Question
Consider the following statements regarding oaths taken by Ministers
- Oath of secrecy is mentioned in the constitution
- 2nd ARC recommended oath of transparency for the ministers which has been rejected by the government
Which of the above is/are correct
Correct
Answer – c
- 2nd ARC recommendation – As an affirmation of the importance of transparency in public affairs, Ministers on assumption of office may take an oath of transparency alongwith the oath of office and the requirement of administering the oath of secrecy should be dispensed with. Articles 75(4) and 164 (3), and the Third Schedule should be suitably amended.
- Government response – The recommendations were not accepted because in spite of the RTI Act, a Union Minister will be required to maintain official secrets
Incorrect
Answer – c
- 2nd ARC recommendation – As an affirmation of the importance of transparency in public affairs, Ministers on assumption of office may take an oath of transparency alongwith the oath of office and the requirement of administering the oath of secrecy should be dispensed with. Articles 75(4) and 164 (3), and the Third Schedule should be suitably amended.
- Government response – The recommendations were not accepted because in spite of the RTI Act, a Union Minister will be required to maintain official secrets
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Question 3 of 5
3. Question
Consider the following statements
- Manual of Office Procedures do not allow notes made in a file to be made public
- Section 8 of RTI Act lists the exemption categories to withheld information from public
Which of the above is/are correct
Correct
Answer – c
- Manual of Office Procedure has provision about treating the notes portion of a file as confidential. 2nd ARC recommends its deletion
- The recommendation has not been accepted.
- Sections of the RTI Act to which Classification information pertains
8(1)(a) Top Secret
8(1)(b) Confidential
8(1)(c) Confidential
8(1)(d) Secret
8(1)(e) Confidential
8(1)(f) Secret
8(1)(g) Top Secret/Secret
8(1)(h) Secret/Confidential
8(1)(i) Confidential
8(1)(j) Confidential/restricted
9 Confidential/restricted
Source – Government response to 2nd ARC reports available on DARP website
Incorrect
Answer – c
- Manual of Office Procedure has provision about treating the notes portion of a file as confidential. 2nd ARC recommends its deletion
- The recommendation has not been accepted.
- Sections of the RTI Act to which Classification information pertains
8(1)(a) Top Secret
8(1)(b) Confidential
8(1)(c) Confidential
8(1)(d) Secret
8(1)(e) Confidential
8(1)(f) Secret
8(1)(g) Top Secret/Secret
8(1)(h) Secret/Confidential
8(1)(i) Confidential
8(1)(j) Confidential/restricted
9 Confidential/restricted
Source – Government response to 2nd ARC reports available on DARP website
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Question 4 of 5
4. Question
Consider the following statements about Rajya Sabha elections
- The election is not based upon the principle of secret ballot
- The option of NOTA is also available for such election like General or Assembly elections
- An MLA can be disqualified for defying the Whip of the party in the election under Anti-defection law
Which of the above is/are correct
Correct
Answer – a
- Open ballots are used in the Rajya Sabha elections. These elections follow a proportional representation system based on the single transferable vote, unlike the general elections to the Lok Sabha, which are conducted with secret ballots (or votes) and based on the first-past-the-post principle.
- Supreme Court refused to stay the process to allow NOTA, saying that the provision has been in place since April 2014 after a direction by the EC. In principle, the presence of the NOTA option for the legislator allows the possibility of a protest vote against the party high command for choosing candidates who are not agreeable to her, without having to choose candidates from opposing parties.
- Supreme Court has in the past held that open ballot votes in Rajya Sabha elections against the whip will not lead to disqualification as the Tenth Schedule, pertaining to anti-defection provisions, has a different purpose. The party high command can issue a whip for a Rajya Sabha candidate, but anti-defection law provisions do not apply
Source – General
These provisions have been in news, but have not been adequately covered in Laxmikanth
Incorrect
Answer – a
- Open ballots are used in the Rajya Sabha elections. These elections follow a proportional representation system based on the single transferable vote, unlike the general elections to the Lok Sabha, which are conducted with secret ballots (or votes) and based on the first-past-the-post principle.
- Supreme Court refused to stay the process to allow NOTA, saying that the provision has been in place since April 2014 after a direction by the EC. In principle, the presence of the NOTA option for the legislator allows the possibility of a protest vote against the party high command for choosing candidates who are not agreeable to her, without having to choose candidates from opposing parties.
- Supreme Court has in the past held that open ballot votes in Rajya Sabha elections against the whip will not lead to disqualification as the Tenth Schedule, pertaining to anti-defection provisions, has a different purpose. The party high command can issue a whip for a Rajya Sabha candidate, but anti-defection law provisions do not apply
Source – General
These provisions have been in news, but have not been adequately covered in Laxmikanth
-
Question 5 of 5
5. Question
Consider the following about anti-defection law
- If a member goes against the directions of the party during voting in legislature, the party can save him from defection within 15 days
- An independent member of the House cannot join any party without being disqualified
- Speaker of the concerned House is the sole authority in deciding the disqualification under the law
Which of the above is/are correct
Correct
Answer – a
- A member of a House belonging to any political party becomes disqualified for being a member of the House, (a) if he voluntarily gives up his membership of such political party; or (b) if he votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days.
- An independent member of a House (elected without being set up as a candidate by any political party) becomes disqualified to remain a member of the House if he joins
any political party after such election. - Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court. However, in Kihoto Hollohan case2 (1993), the Supreme Court declared this provision as unconstitutional on the ground that it seeks to take away the jurisdiction of the Supreme Court and the high courts. It held that the presiding officer, while deciding a question under the Tenth Schedule, function as a tribunal. Hence, his decision like that of any other tribunal, is subject to judicial review on the grounds of mala fides, perversity, etc
Source – Chapter 67, Laxmikanth
Incorrect
Answer – a
- A member of a House belonging to any political party becomes disqualified for being a member of the House, (a) if he voluntarily gives up his membership of such political party; or (b) if he votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days.
- An independent member of a House (elected without being set up as a candidate by any political party) becomes disqualified to remain a member of the House if he joins
any political party after such election. - Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House. Originally, the act provided that the decision of the presiding officer is final and cannot be questioned in any court. However, in Kihoto Hollohan case2 (1993), the Supreme Court declared this provision as unconstitutional on the ground that it seeks to take away the jurisdiction of the Supreme Court and the high courts. It held that the presiding officer, while deciding a question under the Tenth Schedule, function as a tribunal. Hence, his decision like that of any other tribunal, is subject to judicial review on the grounds of mala fides, perversity, etc
Source – Chapter 67, Laxmikanth
