Medium Level – GK Questions

Answer: Chief Justice of India

Protection of Human Rights Act, 1993 (amended 2019): NHRC Chairperson must be retired Chief Justice of India. Members include: (a) One serving/retired SC Judge, (b) One serving/retired HC Chief Justice, (c) Two persons with human rights expertise (at least one woman). Appointed by President on recommendation of committee: PM, Speaker, Home Minister, LoP in both Houses, Deputy Chairman of Rajya Sabha. Ensures judicial leadership in human rights protection.

Answer: True

RTI Act, 2005 (Section 15 for CIC, Section 16 for SICs): Appointment committee: (a) Union: PM (Chairperson), LoP in Lok Sabha, Union Cabinet Minister nominated by PM, (b) State: CM (Chairperson), LoP in Assembly, State Cabinet Minister nominated by CM. 2019 Amendment changed tenure and salary conditions to be prescribed by Central Government, raising concerns about executive influence on Information Commissions' independence.

Answer: 8

Lokpal and Lokayuktas Act, 2013: Lokpal consists of Chairperson (former CJI or SC Judge) + up to 8 members (50% judicial: former SC Judges/HC Chief Justices; 50% non-judicial: persons of integrity with 25+ years experience in anti-corruption policy, public administration, finance, law, management). Appointed by President on recommendation of selection committee: PM, Speaker, LoP, CJI/nominee, eminent jurist. Ensures expertise and independence in anti-corruption adjudication.

Answer: True

CBI is not a constitutional/statutory body; established by Delhi Special Police Establishment Act, 1946. Functions under administrative control of DoPT, Ministry of Personnel. This has raised concerns about executive influence on CBI investigations. Supreme Court in Vineet Narain case (1997) directed measures to ensure CBI independence, including fixed tenure for Director. Debate continues on granting statutory independence to CBI.

Answer: Central Vigilance Commission Act, 2003

CVC was set up by executive resolution in 1964 based on Santhanam Committee recommendations. Given statutory status by Central Vigilance Commission Act, 2003. CVC is an apex body for vigilance administration, independent of executive control. Consists of Central Vigilance Commissioner (Chairperson) + up to 2 Vigilance Commissioners. Appointed by President on recommendation of committee: PM, Home Minister, Leader of Opposition in Lok Sabha.

Answer: True

Paschim Banga (1996): SC held: (a) Right to health is integral to right to life under Article 21, (b) Government has constitutional obligation to provide adequate medical facilities, (c) Failure of government hospital to provide timely treatment violates Article 21, (d) State liable to pay compensation for negligence. Foundation for right to health jurisprudence; led to improvements in public health infrastructure.

Answer: True

Subhash Kumar (1991): SC held: (a) Right to life under Article 21 includes right to enjoyment of pollution-free water and air, (b) Citizens can approach courts under Article 32/226 for enforcement of environmental rights, (c) PIL mechanism enables public-spirited persons to seek environmental protection. Foundation for environmental jurisprudence; led to closure of polluting industries, protection of forests, rivers.

Answer: 14

Shayara Bano (2017): 3:2 majority held instant triple talaq (pronouncing talaq thrice in one sitting) unconstitutional: (a) Violates Article 14 (arbitrary, manifestly unreasonable), (b) Not protected under Article 25 (not essential practice of Islam), (c) Parliament later enacted Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalizing instant triple talaq. Landmark gender justice judgment.

Answer: Criminal antecedents, assets, liabilities, educational qualification

ADR Case (2002): SC directed ECI to require candidates to disclose: (a) Criminal cases pending, (b) Assets/liabilities of candidate and spouse, (c) Educational qualification. Rationale: Voters' right to know (implicit in Article 19(1)(a)) essential for informed choice in democracy. Led to ECI forms requiring these disclosures; foundation for electoral transparency reforms.

Answer: True

Navtej Singh Johar (2018): 5-judge bench unanimously struck down Section 377 IPC to extent it criminalized consensual same-sex relations between adults. Held: (a) Violates Article 14 (arbitrary classification), Article 15 (discrimination based on sexual orientation), Article 19 (expression of identity), Article 21 (privacy, dignity, autonomy), (b) Sexual orientation intrinsic to personality; discrimination unconstitutional. Landmark LGBTQ+ rights judgment.

Answer: True

Olga Tellis (Pavement Dwellers Case, 1985): SC held: (a) Right to livelihood is integral to right to life under Article 21 (no person can live without means of living), (b) Eviction of pavement dwellers without alternative arrangement violates Article 21, (c) However, State can evict for public purpose with due procedure and rehabilitation. Expanded scope of Article 21 beyond physical existence to dignified life.

Answer: absolute

M.C. Mehta (Oleum Gas Leak, 1987): SC evolved 'absolute liability' principle: enterprises engaged in hazardous/inherently dangerous activities are absolutely liable for harm caused, without exceptions available under strict liability (Rylands v. Fletcher). No defense of act of God, third party, etc. Foundation for environmental jurisprudence; led to compensation for Bhopal victims, pollution control measures.

Answer: True

Unnikrishnan (1993): SC held right to education up to age 14 is fundamental right implicit in Article 21 (life with dignity). Directed State to provide free education within economic capacity. Led to 86th Amendment (2002) inserting Article 21A making education for 6-14 years a Fundamental Right, operationalized by RTE Act, 2009. Illustrates judicial legislation prompting constitutional amendment.

Answer: True

Hussainara Khatoon (1979): SC held right to speedy trial is implicit in Article 21 (life and personal liberty). Case involved undertrial prisoners detained for periods longer than maximum sentence for alleged offences. Led to release of thousands of undertrials; established procedural due process as part of Article 21. Foundation for subsequent PILs on prison reforms, legal aid, human rights.

Answer: Seal of the Union

Article 155 states: 'The Governor of a State shall be appointed by the President by warrant under his hand and seal.' The 'seal' refers to the Seal of the Union (not State), emphasizing that the Governor is a Union appointee representing the Centre in the State. This reflects the federal balance in India's quasi-federal structure.

Answer: Comptroller and Auditor General, 22

The Committee on Public Undertakings (CPU) has 22 members (15 LS + 7 RS) and examines reports of the CAG on public sector undertakings. It assesses efficiency, financial performance, and autonomy of PSUs. Like PAC, its Chairman is traditionally from the Opposition, ensuring non-partisan scrutiny of government enterprises.

Answer: 52nd

The 52nd Constitutional Amendment Act, 1985 added the Tenth Schedule (Anti-Defection Law) to curb political defections motivated by lure of office or similar considerations. It was a response to the 'Aya Ram, Gaya Ram' phenomenon of the 1960s-70s. The law was later strengthened by the 91st Amendment (2003) removing the 'split' exception.

Answer: False

Article 78(a) requires the Prime Minister to communicate all Council of Ministers' decisions to the President, but does not specify language. Article 346 allows communication between States and with the Union in Hindi or English. In practice, English remains dominant in high-level executive communication due to administrative continuity and linguistic diversity.

Answer: President, President

Article 316 states that UPSC Chairman and members are appointed by the President. For removal, Article 317 requires: (1) Presidential reference to Supreme Court for inquiry, (2) Supreme Court report confirming misbehaviour/incapacity, (3) Presidential order of removal. This ensures independence while maintaining accountability for constitutional office-holders.

Answer: True

In Rudul Sah v. State of Bihar (1983) and subsequent cases, the Supreme Court held that it can award monetary compensation in PIL/writ petitions for violation of Fundamental Rights, especially under Article 32. This 'constitutional tort' remedy provides immediate relief to victims when ordinary civil remedies are inadequate, enhancing access to justice.