RPSC RAS Prelims 2013 Polity and Governance Questions with Solutions

Explanation

In the Maneka Gandhi case (1978), the Supreme Court transitioned from a narrow interpretation of Article 21 to a broader one, ruling that any procedure established by law must be just, fair, and reasonable, and not arbitrary, fanciful, or oppressive. This interpretation effectively incorporated the principle of substantive due process into the Indian legal system. The logical foundation for this requirement is rooted in the interrelationship between Articles 14, 19, and 21, often referred to as the Golden Triangle. Article 14 guarantees equality before the law and has been judicially interpreted to mean that the state cannot act arbitrarily. Since any procedure that is not fair and reasonable would be considered arbitrary, it would violate Article 14. Therefore, the constitutional prohibition against state arbitrariness under Article 14 provides the fundamental legal justification for why the principle of due process must be followed in Indian jurisprudence.

Explanation

Ramsay MacDonald famously described the District Collector as a tortoise on whose back stood the elephant of the Government of India, highlighting the immense burden of responsibilities placed on this single officer. The Indian Statutory Commission Report of 1930, also known as the Simon Commission, emphasized the diverse functions of the Collector by stating the officer must be an advocate, accountant, surveyor, and writer of gazettes. K.K. Das, a former member of the Indian Civil Service, remarked on the uniqueness of the position by stating that nowhere else has there been an officer like the District Collector, nor will there be. Prime Minister Manmohan Singh, in his speech delivered on May 20, 2005, at the Chief Secretaries' Conference, referred to the District Collector as the cornerstone of the administration, reinforcing the central role the office plays in the delivery of public services and governance at the grassroots level.

Explanation

According to Section 15(3) of the Right to Information Act, 2005, the State Chief Information Commissioner and the State Information Commissioners are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister as the Chairperson, the Leader of Opposition in the Legislative Assembly, and a State Cabinet Minister nominated by the Chief Minister. The statutory composition of this selection committee is strictly limited to these three political executives. There is no provision under the Act for the inclusion of any member of the judiciary, such as a judge of the High Court, in the recommendation process for these specific appointments.

Explanation

The State Election Commission of Rajasthan was constituted in July 1994 under the provisions of Article 243K of the Constitution of India, following the 73rd Constitutional Amendment Act. The commission is vested with the powers of superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to the Panchayati Raj Institutions and Urban Local Bodies in the state. Administratively, the commission is supported by a Secretary who also serves as the State Registrar of Voters, responsible for the registration and management of the voter lists for local self-government elections. These roles ensure that the democratic process at the grassroots level remains independent of the state executive, as mandated by the constitutional provisions for decentralization.

Explanation

The Communist Party of India (Marxist) defines the character of the Indian state in its official Party Programme, which was originally adopted at its Seventh Congress in 1964. According to this ideological framework, the Indian state is the organ of the class rule of the bourgeoisie and the landlords, led by the big bourgeoisie. The party posits that this ruling alliance pursues a path of capitalist development that increasingly collaborates with foreign finance capital. This specific class analysis forms the basis of the party strategy to mobilize the working class and peasantry against what it identifies as the dominant exploitative classes holding state power.

Explanation

The Punchhi Commission on Centre-State Relations recommended that Articles 355 and 356 be amended to allow for the localized application of emergency provisions. This proposal suggested that the Union government should be empowered to bring only specific trouble-prone areas or districts of a state under its direct control rather than dismissing the entire state government or dissolving the legislative assembly. Additionally, the Commission recommended that the Governor should be granted a fixed tenure of five years. It argued that the Governor should not hold office at the absolute pleasure of the President in a manner that permits arbitrary removal, thereby ensuring the security of tenure and the independence of the office from political interference by the central government.

Explanation

B.N. Rao, also known as Sir Benegal Narsing Rau, served as the Constitutional Advisor to the Constituent Assembly rather than as a member of the Drafting Committee. Appointed in 1946, he was responsible for preparing the initial skeletal draft of the Constitution of India after researching the constitutional systems of various countries. This preliminary draft provided the framework upon which the Drafting Committee, chaired by Dr. B.R. Ambedkar, performed its detailed scrutiny and revisions. While his legal expertise was instrumental in the framing of the Constitution, his official capacity was that of an advisor to the entire Assembly.

Explanation

The Preamble to the Constitution of India secures to all its citizens liberty in a specific, logically ordered sequence: LIBERTY of thought, expression, belief, faith and worship. This progression moves from the internal realm of the mind to the external realm of action. It begins with the internal process of forming ideas (thought), followed by the outward communication of those ideas (expression). It then moves to the mental acceptance of ideas or doctrines (belief), the adherence to a particular religious or philosophical system (faith/religion), and finally the practical manifestation of that faith through rituals or service (worship). This sequential arrangement emphasizes the comprehensive nature of individual freedom guaranteed by the Indian state.

Explanation

The Punchhi Commission on Centre-State Relations recommended that Articles 355 and 356 be amended to allow for the localized application of emergency provisions. This concept of localized emergency would enable the Union to intervene in a specific district or troubled area rather than dismissing the entire state government, thereby minimizing the impact on the federal structure. Additionally, the Commission recommended that the Governor should be granted a fixed tenure of five years to ensure the independence and dignity of the office. It proposed that the Governor should not be removed at the pleasure of the central government or the President without a valid reason, advocating for a more secure and stable term for the head of the state.

Explanation

In the landmark Minerva Mills v. Union of India (1980) case, the Supreme Court addressed the scope of Article 31C, which had been expanded by the 42nd Amendment Act of 1976 to give all Directive Principles of State Policy precedence over Fundamental Rights. The Court struck down this broad expansion as unconstitutional, ruling that it violated the basic structure of the Constitution. By doing so, the Court upheld the specific precedence of the Directive Principles contained in Article 39(b), regarding the distribution of material resources, and Article 39(c), regarding the prevention of concentration of wealth, over the Fundamental Rights guaranteed by Article 14 and Article 19. The judgment firmly established that the Indian Constitution is founded on the bedrock of the balance between Fundamental Rights and Directive Principles, and that neither should be allowed to completely override the other.